WrongWay
02-17-2005, 04:34 AM
I must admit I have been following the case of the drunk driving judge with some skepticism. Just how would our legal system roll over and play dead for one of their own. The case went all the way to the CO Supreme court before they rolled and once again made it safe for the drunk drivers of Colorado to hit the road again. :D
Setup:
The Judged is pulled over for speeding. The officer smells alcohol on the Judges breath. the judge then fails the pupil test with the flashlight in the eye routine. The officer then asks the judge if he has been drinking. The judge say "Yes, I have". The officer then asks the judge to take a breath test. The judges refuses to take anymore tests.
When I first read about this CO judge I knew the case was open and shut. I had always been told... Refussal to take a breath test is an automatic 1 yr suspension......That was untill the judge came along.
Probable Cause:
That was the arguement the judge claimed the police had no Probable Cause to search him. And, it went all the way to the State Supreme court which finally ruled the that since their was only circumstancial evidence, the smell, the look, and the admission of guilt, but, no physical evidence, an open container, that the police had no right to make the judge submit to a breath test.
Conclusion:
It is now safe to Drink then Drive in Colorado once again. You can get rip roaring drunk and then drive home; as long as you leave your emptys at the bar/party.
Time to blow the dust off my cars's Auto Pilot button! :D
On the road again, I just can't wait to get on the road again......
Setup:
The Judged is pulled over for speeding. The officer smells alcohol on the Judges breath. the judge then fails the pupil test with the flashlight in the eye routine. The officer then asks the judge if he has been drinking. The judge say "Yes, I have". The officer then asks the judge to take a breath test. The judges refuses to take anymore tests.
When I first read about this CO judge I knew the case was open and shut. I had always been told... Refussal to take a breath test is an automatic 1 yr suspension......That was untill the judge came along.
Probable Cause:
That was the arguement the judge claimed the police had no Probable Cause to search him. And, it went all the way to the State Supreme court which finally ruled the that since their was only circumstancial evidence, the smell, the look, and the admission of guilt, but, no physical evidence, an open container, that the police had no right to make the judge submit to a breath test.
Conclusion:
It is now safe to Drink then Drive in Colorado once again. You can get rip roaring drunk and then drive home; as long as you leave your emptys at the bar/party.
Time to blow the dust off my cars's Auto Pilot button! :D
On the road again, I just can't wait to get on the road again......