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  1. #1
    Join Date
    Dec 2014
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    not in a prison
    Posts
    732

    Default Re: Does Refusal of Road Side Tests Result in Arrest

    thanks java,,, one more question,,, can you explain whats required for "probable cause" to be arrested for a DWI after I refused questioning and refused all roadside tests?

    would all that be needed to make a good arrest is the officers word that he seen me go over the yellow line for example or does the officer need to have more evidence to support probable cause ?


    thanks again

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does Refusal of Road Side Tests Result in Arrest

    the internet is a wonderful thing. I found out today that if you type words into a search engine it gives you answers, or at least places most likely to provide an answer:


    http://legal-dictionary.thefreedicti...probable+cause

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Does Refusal of Road Side Tests Result in Arrest

    Quote Quoting tonynewman
    View Post
    thanks java,,, one more question,,, can you explain whats required for "probable cause" to be arrested for a DWI after I refused questioning and refused all roadside tests?

    would all that be needed to make a good arrest is the officers word that he seen me go over the yellow line for example or does the officer need to have more evidence to support probable cause ?
    jk's link works.

    And to have PC for a DUI the officer would have to have good cause to believe that you were operating a motor vehicle while under the influence of drugs and/or alcohol. There could be a dozen different ways to make that determination and I am not going to go into a game of "what if ..." or try to spell out the myriad of possibilities. Suffice it to say that if you are not exhibiting any objective signs of impairment and there is no odor of alcohol or drugs that might give rise to this belief, then your refusal to submit to FSTs should not change the determination. But, each determination of probable cause must be evaluated on its unique fact set.

  4. #4
    Join Date
    Dec 2014
    Location
    not in a prison
    Posts
    732

    Default Re: Does Refusal of Road Side Tests Result in Arrest

    this 70,000 suit happened in CA maybe you might be able to verify if he won his suit, he was pulled over for a blinker, the officer stated his PC was bloodshot eyes,

    https://www.youtube.com/watch?v=3dBvFpfiaF8

    here is the court docs : http://dockets.justia.com/docket/cal...cv06772/539124


    i feel bad his dogs had to go to the pound,, not sure i would have exercised my rights if my dog was in the car with me, but its interesting,, 70,000 grand for a night in jail is pretty good lol

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