I posted several weeks ago - with no responses. Let me emphasize several points. My son is 20 yr. old. His first underage consumption was June 03 at age 18 - he was walking home from a friends afer drinking - he was stopped by local police and was over the legal limit. He went to court, was fined and given 1 yr. probation.
Most recently he had 3 beers at a friends waited 2 hours, drove home and was stopped by local police for "unnecessary acceleration". My son denies this acceleration - he drives a 12 yr. old Escort (with several stickers on the bumper that essentially say "I'm a youthful driver - pull me over"). We have many instances of our local police harassing teens.
Once stopped the officer said he smelled beer. He order my son to take a breathalizer test. My son asked for a blood test. The officer laughed and pushed the breathalizer to his lips and said "blow." My son blew 0.4 and was cuffed, thrown in the squad and his car was towed.
I believe this was an unlawful stop. If indeed it was, isn't any information obtained after that "unlawfully obtained?"
Why didn't the officer honor his request for a blood test? Were my son's rights violated as I believe they were? What chance deos he have in court? Would an attorney be helpful?
His court date in 4/23.
Most recently he had 3 beers at a friends waited 2 hours, drove home and was stopped by local police for "unnecessary acceleration". My son denies this acceleration - he drives a 12 yr. old Escort (with several stickers on the bumper that essentially say "I'm a youthful driver - pull me over"). We have many instances of our local police harassing teens.
Once stopped the officer said he smelled beer. He order my son to take a breathalizer test. My son asked for a blood test. The officer laughed and pushed the breathalizer to his lips and said "blow." My son blew 0.4 and was cuffed, thrown in the squad and his car was towed.
I believe this was an unlawful stop. If indeed it was, isn't any information obtained after that "unlawfully obtained?"
Why didn't the officer honor his request for a blood test? Were my son's rights violated as I believe they were? What chance deos he have in court? Would an attorney be helpful?
His court date in 4/23.
