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    Speak Up! - View Question #555


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    Question: Does a cop have to document a breathalyzer test?

    Answer: Yes, in Arizona the officer must document the test and the observation/deprivation period prior to the breath test pursuant to Arizona Department of Health Service regulations on the administration of breath tests.


    Comments
    11 thru 15 of 15 comments     1   2  [ 3 ]   
    On 01/24/03
    Bill from AZ said:
    How about the most obvious answer- don't drive after you have been drinking.
    On 05/21/02
    Christopher from AZ said:
    While an Officer must document a breath test, he/she is not required to give you one, and a positive BA is not needed to prove that you consumed alcohol. If you had signs and symptoms of intoxication that the officer can testify to, chances are you will be Adjudicated. And as a note to previous poster, a properly adminstered BA is not only reliable, but almost universally admissible in courts across the country. Good luck getting your records "expunged".
    On 05/14/02
    PETE from AZ said:
    Breathalyzers are inaccurate and cops don't carry tape recorders so if you admitted to anything recanting later because you were nervous or tired or had to go to the bathroom or have a slight speech impediment could make for a good argument against even the most straight faced cop, fight everything you can or some years down the road you may want to try for an expungement, BE CAREFUL
    On 01/05/02
    paul from IA said:
    First of all, you're a LOSER, not for drinking with your friends but for getting in a car, especially with a DRUNK behind the wheel... you're exceedingly lucky to be alive... and lucky you guys didnt kill someone... secondly, you're a moron to admitting to drinking, and then wanting to fight it. Yes you can fight it in court, you're entitled to your 15 minutes, but you'd better hope the cop doesn't show up, because his testimony will prove you're lying by trying to get out of the ticket, and god help you then...
    On 11/16/01
    Ahren Forehand from WI said:
    My Friends and I were in a car with a drunk driver when he went into the ditch and his car started on fire, me and my friends left the sceen and left the driver there. Soon after my sister came and picked us all up and we went to my house, the cops came later and had us all take breathalisers. I didnt take one, my mom was there and said I didnt have too, I also refesed the breathalizer, but was still issued an under age drinking ticket, I also admited to drinking some alchohol. Is this ticket fair, can I fight it in court and win???
    11 thru 15 of 15 comments     1   2  [ 3 ]   



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