My question involves criminal law for the state of: CA
I was pulled over for allegedly speeding but was subsequently accused of being impaired: the officer said, while we were standing on the side of the hwy at night in windy conditions, that I "reeked" of etoh. I passed all field sobriety tests but the officer still insisted that I either take a breath or blood test. I chose breath test. after two times the reading was 0.01. officer still insisted he thought i was "high" and took me to nearby hospital where he said I must give blood even though I objected, said I would automatically loose my license for a year for refusal. gave blood, then was confined overnight. released with my driver license in am. cited for dui alcohol/drugs, result of blood pending. oh, he asked me how fast I was going, said I was not speeding (hardly) speed limit 70, admitted 75-80 right with others around me in heavy traffic, people passing me on both sides frequently. officer said he "clocked me on my plate at 90-plus". not cited for speeding but he wrote speed 92mph as info on the ticket. was it illegal for him to force blood test? could any results be thrown out? he was lying about clocking me - he would have said "you were going 92mph, not "90-plus" right? also would have cited me for speeding right? thx for any insight.
I was pulled over for allegedly speeding but was subsequently accused of being impaired: the officer said, while we were standing on the side of the hwy at night in windy conditions, that I "reeked" of etoh. I passed all field sobriety tests but the officer still insisted that I either take a breath or blood test. I chose breath test. after two times the reading was 0.01. officer still insisted he thought i was "high" and took me to nearby hospital where he said I must give blood even though I objected, said I would automatically loose my license for a year for refusal. gave blood, then was confined overnight. released with my driver license in am. cited for dui alcohol/drugs, result of blood pending. oh, he asked me how fast I was going, said I was not speeding (hardly) speed limit 70, admitted 75-80 right with others around me in heavy traffic, people passing me on both sides frequently. officer said he "clocked me on my plate at 90-plus". not cited for speeding but he wrote speed 92mph as info on the ticket. was it illegal for him to force blood test? could any results be thrown out? he was lying about clocking me - he would have said "you were going 92mph, not "90-plus" right? also would have cited me for speeding right? thx for any insight.
Drunk and Impaired Driving: Required to Take Blood Test After Two Neg Breath Tests
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