Godless, I am lmfao at you, and i refuse to get into a flame war with you. Again please tell us your expertise at American law and just how much you hate my American ass and our driving laws. I want to debate you
No I really don't want to, just lead to more insults, instead of intelligent...
New Zealand, and you are giving advice, and criticizing our laws? You are obviously a true expert at USA driving law and our constitution. Damn I bow down to your infinite knowledge, the USA should model ourselves after your most perfect republic, or democracy.
But I doubt you know the...
"But a law enforcement officer may issue an underage consumption citation based upon visual and olfactory evidence alone. "
based upon visual and olfactory evidence alone, Yes, not just "I smelled alcohol" two factors may come into play, not one.
Godless, where the fuck do you live?
Mouthwash, either ingested or not can give a positive breathalyser reading. Do a fucking Google on the subject! The real point is, whether or not the OP is guilty or not, are all of you so gullible that you will submit to some over powered dumbass cops, to trample all your constitutional rights...
Lawyer..."Officer, did you smell alcohol, or did you think you smelled alcohol? Were there any other signs to warrant the breathalyser?"
Officer...."I smelled alcohol"
Lawyer..."So you smelled mouthwash which can very much smell like alcohol, and that is the ONLY reason and no other, you...
Reasonable cause is the key word here. Cops just can't arbitrarily give out breathalyser tests whenever the fuck they feel like it to anyone. If they legally could they would, no doubt. Read the constitution. The reasonable cause part, is almost always decided by either a judge or a jury to...
They must have probable cause such as alcohol on breath, erratic eye movement, erratic driving. As far as I know in any state, they just can't pull you over and ask for a test, unless they have a damned good reason.
Talk to a lawyer.
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