Post by Drank on Jul 18, 2024 12:53:02 GMT -6
I'm not disputing any of that, just saying he'll be charged with suspicion or whatever the misdemeanor is and plead that out. As slapnut19 pointed out, that's California law. Be mad at them. I'm shocked personally. I would think they could have gotten a warrant to do a draw... but apparently not.
The problem may be that he wasn't driving...
To convict a driver of violating California's Per Se laws (California V.C. Section 23152 - Driving Under Influence of Alcohol or Drugs), a prosecutor must prove that the driver had a BAC of .08 percent or greater while he or she was driving, not an hour or more later, when most chemical tests are conducted.
Not sure if being behind the wheel of a parked car automatically qualifies/disqualifies as driving...
Maybe that varies from state to state. Most if you behind the wheel it counts.
Obviously in this case it applies as he would have to be driving if he was behind the wheel of a car on a freeway.It’s not like he was at home. So if the law don’t take that into account then the law is flawed.