Watching the full body cam, it looks like he passed the tests given by the officer. Then the officer told him to do the breathalyzer and he refused. That’s when the officer put him under arrest.
Depending on the results of the blood test in the jail, I feel like he could easily fight the charge of dui
I'm not a DUI lawyer (though I am a lawyer) but I don't believe implied consent works quite like that. As I understand it, you have a right to refuse a roadside breathalyzer test. That will mean you get taken to the station for testing.
Once at the station, if you refuse it's an implied consent violation which is not the same as a DUI. You'll get your license suspended but it's not a DUI.
If he passed the field sobriety test they'll need to have gotten a test at the station showing him over the legal limit to get him for a DUI.
I'm not a DUI lawyer (though I am a lawyer) but I don't believe implied consent works quite like that. As I understand it, you have a right to refuse a roadside breathalyzer test. That will mean you get taken to the station for testing.
Once at the station, if you refuse it's an implied consent violation which is not the same as a DUI. You'll get your license suspended but it's not a DUI.
If he passed the field sobriety test they'll need to have gotten a test at the station showing him over the legal limit to get him for a DUI.
That makes sense as far as legal liability. I imagine the 90 in a 45 will carry a lot of weight in terms of any potential punishment from the Braves or MLB. That's borderline insane even if the driver is stone cold sober.
Watching the full body cam, it looks like he passed the tests given by the officer. Then the officer told him to do the breathalyzer and he refused. That’s when the officer put him under arrest.
Depending on the results of the blood test in the jail, I feel like he could easily fight the charge of dui
Wait…
So he passed the field sobriety tests, and the officer still felt the need to take the breathalyzer? Why? Seems to me at that point he was soberly driving recklessly.
I would have told the cop to **** off too. But I have an irrational hatred of police.
Doesn't Georgia for DUI suspects to submit to a blood test? I remember videos floating around years ago of Gwinnett County holding people down to take their blood against their will.
Would the reckless driving / 90-in-a-45 be enough for a guilty finding?
Is there any hope to get out of this contract without paying the remaining $41mm?
Doesn't Georgia for DUI suspects to submit to a blood test? I remember videos floating around years ago of Gwinnett County holding people down to take their blood against their will.
Would the reckless driving / 90-in-a-45 be enough for a guilty finding?
Is there any hope to get out of this contract without paying the remaining $41mm?
Doesn't Georgia for DUI suspects to submit to a blood test? I remember videos floating around years ago of Gwinnett County holding people down to take their blood against their will.
Would the reckless driving / 90-in-a-45 be enough for a guilty finding?
Is there any hope to get out of this contract without paying the remaining $41mm?
Wait…
So he passed the field sobriety tests, and the officer still felt the need to take the breathalyzer? Why? Seems to me at that point he was soberly driving recklessly.
I would have told the cop to **** off too. But I have an irrational hatred of police.
What? That is pretty crazy if true
Kemp was literally a below replacement level player both years in Atlanta.