Police refusing to administer breathalyzer and still ticketing

[trainey927]

What is the name of your state (only U.S. law)?

Illinois

An underage girl was seen by an undercover police officer placing a beer on the ground and she was not drinking. The undercover proceeded to give her a ticket after she offered to take a breathalyzer and the officer refused her. Is it legal for a police officer to refuse giving someone a breathalyzer? Would the ticket hold up in court?

 

[justalayman]

was the ticket for jaywalking?

maybe curfew violation?


how about you tell us.


.

Is it legal for a police officer to refuse giving someone a breathalyzer?

yes

Would the ticket hold up in court?

possibly

let me say this: if the ticket was for minor in possession, she was in possession. She didn't have to be drinking it to be in possession of it.

 

[trainey927]

ok thanks for the quick response

 

[CdwJava]

If the ticket was for POSSESSION of alcohol, then all that is required is that she have constrictive control of the alcohol container. If it was for consumption of alcohol, then the officer would have to have either observed her drinking the alcohol or smell it on her breath if he did not have a breath test.

So, as implied by justalayman, it really depends on what she was cited for.

- Carl