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Zero Tolerance (CRIMINAL LAW & PROCEDURE)

Tue, 14 May 2002 13:03:00 GMT

Two Questions.
I recently recieve a Zero Tolerance, getting pulled over with a BAC of 0.021, just three months before I turn 21.
First, I was pulled over for Illigal lane usage for driving in the middle of the road. I was driving on a very narrow road in a full size 4x4 pickup and the road doesn't even have lines on it. It was either the middle of the road or in the ditch. In a small town area like mine, everyone does this, I mean, the Cop drove right in the middle of the road driving me into the police station. Is this cause for a wrongfull stop and dismissal or not.
Second, when the cop took me out of the car he asked me if I had been drinking, though I displayed no effects of the alcohal, he did smell it on me and my friends we're drinking heavily. So I told him I had two beers well over an hour ago (which was true)and was being the DD for my friends(also true). He told me to take a field sobriety test, and I did and passed. Then he ordered me to take a breathalizer test after that saying that I would loose my liscence for a year if I refused, did I have to take the test or did he just use the line to get me to take the test.

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  • Wed, 29 May 2002 18:07:00 GMT(1)
  • Is the road a two way or two lane road? If so, he had reason to stop you.
    Since you admitted to having at least two beers, he has all the right to give you a breathalyzer test. Refusal would have more than likely been a revocation or suspension of your license. Zero tolerance pretty much means what it says, especially for under aged drinking.
  • Mon, 10 Jun 2002 02:18:00 GMT(2)
  • I hate to say it. But you were in a very bad situation. Even if it was 1 day before your 21st, zero tolerance is zero tolerance. You may be able to work something out with the district attorney (presecutor) though. Make sure you call the district attorney and explain to him all of the factors involved. He/She makes the final decision of what to charge you with, so you might be able to work something out
  • Mon, 10 Jun 2002 02:20:00 GMT(3)
  • Oh yeah, and by the way, using an unlawful stop as your case will probably not work. To me it sounds like the officer was very strict (not letting anything slide). So the officer can simply say "Hey I pulled him over because he was swerving."
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