Re: Refusing a Field Sobriety Test
feel free to research it for yourself. I have confidence in my statement. It is you that wants proof it isn't correct so I'll let you find that.
David K;590111]Therefore, please correct me and cite the applicable statute/case law for such circumstance accordingly. Thanks.
you already said it was failed. What are you talking about now?
The nystagmus test will not be failed, because the nystagmus test (a counterpart of a coherent FST) can be refused without penalty, and refused it shall be.
if we are going to play hypotheticals, we can change the facts of the situation to fit any need we desire.
Again, we are assuming a person who is a long-time alcoholic, wherein during a traffic stop a police officer lacks enough probable cause to arrest the subject, and must rely
on the PBT to yield enough PC that would warrant a rightful arrest.
whoops, you just gave PC plus a citable offense.
We are NOT
discussing an obviously plastered drunk slob who can barely put the keys in the ignition, has an open container of alcohol in the vehicle, and admitted to drinking.
you are the one that argued that without a PBT there was no probable cause. Remember you posted this:
Do you really think I would believe that a person who is too drunk to blow into a breathalyzer should not get arrested due to no accurate PBT reading?
Without reasonable grounds, no portable breathalyzer can be (legally) administered as per NJ 39:4-50.2 (a), and without probable cause (via the portable breathalyzer), no arrest can be made.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.