In a rare decision, top court tosses out DWI conviction

Brent P wrote:

> In article >, BE wrote:
>> Motorist refused to take a breath test after avoiding a roadblock in 2003
>>
>> http://hort.net/+132H
>>
>> The case stems from a July 2003 traffic stop in Atlantic County in which a
>> Ventnor police officer pulled over motorist James Badessa because he made a
>> legal turn to avoid a driving-while-intoxicated checkpoint. The officer
>> arrested Badessa for allegedly driving drunk and charged him with refusing
>> to take a Breathalyzer test.
>>
>
> All this guy did was not go through the checkpoint.
> A small victory for liberty.

Isn't it illegal to refuse to take a breathalyser test when a cop asks
you to? In my area, you must either take the breathalyser, or go
back to the precinct and take a blood test.

laura bush - VEHICULAR HOMICIDE wrote:
> On Fri, 11 Nov 2005 06:13:59 -0500, "BE" > wrote:
>
> >Motorist refused to take a breath test after avoiding a roadblock in 2003
> >
> > http://hort.net/+132H
> >
> >The case stems from a July 2003 traffic stop in Atlantic County in which a
> >Ventnor police officer pulled over motorist James Badessa because he made a
> >legal turn to avoid a driving-while-intoxicated checkpoint. The officer
> >arrested Badessa for allegedly driving drunk and charged him with refusing
> >to take a Breathalyzer test.
> >
> >I'm glad.
> >
>
> DUIs are killers and maimers and only a criminal coddler wants them to
> avoid punishment.

And those that believe in freedom, comrade. If you like DUI
checkpoints, then you better have your papers ready at all times.

In article .com>, Old Wolf wrote:
> Brent P wrote:
>
>> In article >, BE wrote:
>>> Motorist refused to take a breath test after avoiding a roadblock in 2003
>>>
>>> http://hort.net/+132H
>>>
>>> The case stems from a July 2003 traffic stop in Atlantic County in which a
>>> Ventnor police officer pulled over motorist James Badessa because he made a
>>> legal turn to avoid a driving-while-intoxicated checkpoint. The officer
>>> arrested Badessa for allegedly driving drunk and charged him with refusing
>>> to take a Breathalyzer test.
>>>
>>
>> All this guy did was not go through the checkpoint.
>> A small victory for liberty.
>
> Isn't it illegal to refuse to take a breathalyser test when a cop asks
> you to? In my area, you must either take the breathalyser, or go
> back to the precinct and take a blood test.

Legality and correctness are two different things.

Larry Bud wrote:
> laura bush - VEHICULAR HOMICIDE wrote:
>
>>On Fri, 11 Nov 2005 06:13:59 -0500, "BE" > wrote:
>>
>>>Motorist refused to take a breath test after avoiding a roadblock in 2003
>>>
>>>http://hort.net/+132H
>>>
>>>The case stems from a July 2003 traffic stop in Atlantic County in which a
>>>Ventnor police officer pulled over motorist James Badessa because he made a
>>>legal turn to avoid a driving-while-intoxicated checkpoint. The officer
>>>arrested Badessa for allegedly driving drunk and charged him with refusing
>>>to take a Breathalyzer test.
>>>
>>>I'm glad.
>>
>>DUIs are killers and maimers and only a criminal coddler wants them to
>>avoid punishment.
>
> And those that believe in freedom, comrade. If you like DUI
> checkpoints, then you better have your papers ready at all times.

In most states, that's already been required for years.

In article .com>,
says...

>You have no evidence TK was drunk that day.

You never let something like evidence stop you from pushing your idiotic
idea that 55mph is a good limit on all roads.
---------------
Alex

In article .com>,
says...

>Isn't it illegal to refuse to take a breathalyser test when a cop asks
>you to?
>In my area, you must either take the breathalyser, or go
>back to the precinct and take a blood test.

No, it isn't illegal. It just means they can assume you are drunk.

The problem is that this stupid cop assumed that someone who avoided the
roadblock was doing something wrong.
--------------
Alex

was motivated to say this in rec.autos.driving on
Fri, 11 Nov 2005 17:31:56 GMT:
> DUIs are killers and maimers and only a criminal coddler wants them to
> avoid punishment.
>


http://tinyurl.com/2aul

:

> DUIs are killers and maimers and only a criminal coddler wants them to
> avoid punishment.
>

You bat turd eating faggot! By your above statement, yo are admitting to
being a criminal coddler since you want and are happy that your butt
buddy - ted "sub captain" kennedy - got away with vehiculat homicide at
the minimum when he murdered Mary Jo. I hope you die in a fire, mother
****er!

Alex Rodriguez wrote:
> says...
>
>>Isn't it illegal to refuse to take a breathalyser test when a cop asks
>>you to?
>
> No, it isn't illegal. It just means they can assume you are drunk.
>
> The problem is that this stupid cop assumed that someone who avoided the
> roadblock was doing something wrong.

If they permitted people to turn away from roadblocks, it would
soon become common knowledge that this technique works,
and the drunk drivers would not be captured as much (which is a
bad thing). I think this justifies the cops chasing down people
who turn away from roadblocks.

I do have a counter-example though: one time we were in my
flattie's car, but his cooling fans were broken, so stopping
the car might cause it to overheat. He turned away when
we came upon a roadblock, and the cops chased us and
pulled him over. Luckily the car started again afterwards..

Brent P wrote:
> In article >, BE wrote:
> > Motorist refused to take a breath test after avoiding a roadblock in 2003
> >
> > http://hort.net/+132H
> >
> > The case stems from a July 2003 traffic stop in Atlantic County in which a
> > Ventnor police officer pulled over motorist James Badessa because he made a
> > legal turn to avoid a driving-while-intoxicated checkpoint. The officer
> > arrested Badessa for allegedly driving drunk and charged him with refusing
> > to take a Breathalyzer test.
> >
> > I'm glad.
>
> Notice the stance of the neoprohibitionists.
>
> All this guy did was not go through the checkpoint.
>
> A small victory for liberty.

Right. The ruling was apparently on a technicality such as it wasn't a
legal stop as the cop didn't have pc in that he didn't -know- that he
turned to avoid the block. Could have had other reasons for turning.
Regardless. It is a victory for liberty technicality or not.

Harry K