Oh really ? You are not required by N.C law to submit to the roadside test. Had she done so, the trooper could've said something to the effect of: "Well, the roadside test showed she had consumed alcohol," and there would be no record- just his word. We have the much more sensitive breathalyzer which recorded a 0.00 followed by a 0.00.
What exactly was the probable cause to arrest her ?
- A light out on her car isn't adequate ?
- "Moderate smell of alcohol" was obviously bogus- see Breathalyzer results.
- Refusing to do what you were told to do even though the trooper had no legitimate reason to tell you to do it- BINGO.
She was NOT legally obligated to take the test.
He WAS legally obligated to have "probable cause" before charging her with DWI and arresting her.
She complied with the law. He did not. Police are NOT above the law.
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