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Reply to "IMHO: These State Park Police were Morons. This was petty and unconscionable!"

Regarding the Breath tests: Here is the law in NJ.:

Some police departments in New Jersey use what is called a Portable Breath Test, or PBT. The PBT produces a reading but the results are not admissible as proof of intoxication in a trial. ... [b]It is important to note that, in New Jersey, you are not required to take a portable breath test.[/b] *This also applies to Federal Law.

It's the same federally because a Portable Breath Testing Unit has never been scientifically proven to be accurate before a Supreme court of either a state or federally. So it's just another tool for an officer to use, such as his observations and use of his senses, eg: smell.

That being said, when arrested for DWI and brought into the Police Station to submit a breath sample into a breathalyzer machine, you are required to take the breathalyzer test. A refusal is an automatic 6 month loss of license, the same penalty as the DWI. In addition to the refusal you will be charged with the DWI and can be convicted of both offenses on the Officer's observations and other factors.

So if you refuse a breathalyzer test it's an automatic charge of refusal and a 6 month loss of license which I've never seen beaten in court.

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The SPL Rocks!

Prego che tu stia danzando con San Pietro alle porte perlacee del cielo





Pulled up to my house today
Came and took my little girl away!
Giants Stadium 8/28/03



Oats

Last edited by Oats
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