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Driver arrested for refusing breath test


webfact

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She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

I believe the evidence for her guilty judgement was that she refused the breathe test. You either take it or you don't. Same in Vic Australia very simple, you refuse then the offence is complete, no grey area. To be requested to undergo a breathe test there is no need to observe erratic driving etc. Every single person driving or in charge of a motor vehicle can be tested at anytime even a driving instructor sitting in the passenger seat can be requested to undergo a breathe test and if the refuse, then charged the same.
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