First of all, I was NOT drinking at all. I live in Florida. Pulled over for speeding by ex-husband's buddy who immediately recognized me. Background: Having been through this before 7 years ago and arrested by the SAME cop, the lies in the reports, and being assaulted by 3 officers in jail-Judge was on my side--I was fearful of the same and it would turn into their word against mine SO... I explained my concerns and told them my reasons for concerns. Agreed to comply with all tests but Requested that all field sobriety tests or any test be recorded on video and offered the use of my cell phone. Denied. I asked if I could call my attorney to find out what other alternatives I had to protect myself. Denied. My ex calibrates the breath machine and I heard stories how they can read a false positive. I asked that the breath test be recorded and tried to reason with them that it would be beneficial for them as well as me--protect all of us should there be any questions. Denied. I asked to submit a blood test instead of a breath test as it was not a conflict of interest. Denied. They wrote down that I refused and denied me the right to speak with my attorney or independent blood test for 7 hours. Do I have any rights in these circumstances? Should I have done something different? In FL, DMV sees not taking the breath test (for any reason) as a refusal--even if you voluntarily offer blood test AND I offered to pay at my expense.
Anyone know any case law similar to this? Suggestions or Opinions/Advice?
**If you can refuse to give blood sample because you are afraid of needles, why couldn't you refuse to give breath because of conflict of interest/afraid of retaliation unless recorded?
Thanks!
Anyone know any case law similar to this? Suggestions or Opinions/Advice?
**If you can refuse to give blood sample because you are afraid of needles, why couldn't you refuse to give breath because of conflict of interest/afraid of retaliation unless recorded?
Thanks!
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