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Old 12-28-2012, 15:46   #106
Join Date: May 2001
Location: New Orleans
Posts: 1,326
Originally Posted by Bren View Post
You have all of the grasp of law I'd expect from someone who says, "that is pimp."
The Okie Corral

It isn't refusing the breath tests that gives them probable cause, it is driving with evidence that you are intoxicated. By the time you refuse a breathalyzer, you have already been arrested, based on probable cause that you are DUI. The police don't get PC from the BA or base the arrest on it - it is evidence gathered aft6er the arrest.
You really got me on that one. Picture looks just like me.

Your understanding of how the law should work is sound, but sadly you're misunderstanding how it is being used.
As it currently stands you can stand there stone cold sober with no evidence to the contrary. Your sober refusal to submit to a breathalyzer is being used as the (only) probable cause for them to take you into custody, restrain you, and draw your blood against your will.

While I enjoyed your whigger picture you are mistaken. Twice.
Random is offline