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Winnipeg woman alleges she was wrongfully charg

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Winnipeg woman alleges she was wrongfully charged after taking breathalyzer


Law & Order | 206948 hits | Feb 02 7:13 am | Posted by: DrCaleb
7 Comment

A Winnipeg woman who was arrested for allegedly not taking a breathalyzer insists she did take the test � 24 times � and was wrongfully charged.

Comments

  1. by avatar andyt
    Mon Feb 02, 2015 3:27 pm
    In the US, I believe, you have the option of asking to be tested the old way, behavioral tests. That shold be allowed.

  2. by avatar DrCaleb
    Mon Feb 02, 2015 3:48 pm
    "andyt" said
    In the US, I believe, you have the option of asking to be tested the old way, behavioral tests. That shold be allowed.


    A blood test is more accurate. But the Supreme Court hasn't said that is an option if you don't want to, or are unable to take the breath test.

    That should have been the option for this lady, not ruining her life over a random test.

  3. by avatar andyt
    Mon Feb 02, 2015 3:57 pm
    A blood test is much more inconvenient, for both the driver and the cop. Saw on TV where the driver asked for the behavioral test, which the cop said was his right. Driver flunked in spectacular fashion. All those sobriety tests do is establish if you are likely to be impaired. Gives the cop the right to arrest you and give you the much more accurate breathalyzer back at the station.

  4. by avatar DrCaleb
    Mon Feb 02, 2015 4:05 pm
    "andyt" said
    A blood test is much more inconvenient, for both the driver and the cop.


    Pretty sure this lady would welcome an hour of inconvenience to have her life back.

  5. by avatar PublicAnimalNo9
    Mon Feb 02, 2015 4:10 pm
    I like the logic the cops applied. She passed the breathalyzer multiple times so therefore she must be impaired. Makes sense.

  6. by avatar DrCaleb
    Mon Feb 02, 2015 4:28 pm
    "PublicAnimalNo9" said
    I like the logic the cops applied. She passed the breathalyzer multiple times so therefore she must be impaired. Makes sense.


    She didn't pass it, but she also didn't fail it.

    You have to blow a certain volume of air through the mouthpiece in a certain amount of time for the instrument to take a reading. Some people who have certain conditions, like having a lung removed because of cancer, cannot meet that requirement. Some people hoping to fool the test use that as way to do so, and intentionally blow too softly. Also if the meter isn't set up properly, it won't register a reading no matter how much you blow.

    Winnipeg Police assume people who aren't blowing enough are intentionally doing so, and charge them with 'failure to blow', thus ending careers and other consequences.

  7. by avatar BartSimpson  Gold Member
    Mon Feb 02, 2015 4:30 pm
    "DrCaleb" said

    That should have been the option for this lady, not ruining her life over a random test.


    Canada's police are becoming every bit the jerks that America's police are. If the tyrant with a badge doesn't get INSTANT submission to his/her authority then they're going to make an example and to hell with any notions of right and wrong or justice. You didn't do what you were told when the thug told you to do it and now they're going to have their vengeance on you to make you an example to the other sheeple.



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