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"While I am not an attorney,

"While I am not an attorney, I believe NC statute require a driver to submit to a field sobriety test or breathalizer test on the spot where they are pulled over. No exceptions allowed. I beleve there is an automatic 60 day license suspension for refusing."

That is not correct. There is no obligation to submit to the roadside breath test, but there are significant penalties for not submitting to the Breathalyser at the station. In theory, a driver can be asked to do the roadside test ONLY if there is "probable cause." A "headlight out" is not probable cause for a sobriety test, and the "moderate smell of alcohol" on the police report is curious to say the least since the lady clearly had not been drinking.

If this lady had taken the roadside breath test, I bet the trooper would've said it was positive, and there would be no record to prove he was being untruthful.


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