..... on what "implied consent" means as far as the DMV and how that applies to roadway safety. Also see if you can get your hands on that 9 page letter..... would love to see the spin on this.
To save the suspense "implied consent" means that when you signed your name in the box at the DMV Drivers License Office you "gave consent" to be tested based on suspicion of impaired driving by a law enforcement officer.
If you refuse an alco-sensor test on the side of the road... which she did,
and you refuse to do field sobriety tests..... which she did,
then based on the odor alone, time of day etc..etc... the Officer has the right, maybe even an obligation, to take you for further testing if he/she reasonably believes you are impaired.
The fact of whether or not this woman was impaired is later determined in court, not on this forum and in this case, since no probable cause was determined this is a null point so lets stop focusing on that. To be clear if Trooper Wyrick violated any rights, misapplied the law, used his position to "intimidate" this power couple from the big city of Raliegh then the NCSHP will deal with it and I will back thier decision fully. I am sure Ole Bev Perdue will want a report ASAP as to whether a financial campaign donor's rights were violated. He made that clear by writing a 9 page letter to Bev stating his demands.
Simply put, this "beautiful blonde", as some of you have put it, talked herself into going to the WBPD for testing and after "proving herself innocent after arrest" (dumb move) was taken to the magistrate for a finding of No Probable Cause.
I bet.... even though they appear to be attention starved and media hungry, and appear to know everyone in the State of NC thats needs to be known..... that after all that she wishs she would have just blown 0.00 on the side of the road and enjoyed the rest of her wonderful vacation here at the beach with only a warning ticket for having a headlight out. Way to prove your point lady.
Just watching the interview on the news tonight proved my suspicions as to the arrogant, pompass, self gratifying personalities of this beautiful couple (the husband especially snobby) and I would imagine that attitude came out very early on during the initial stop and continued throughout the entire encounter.
Again congratulations on being arrested during your vacation.....might want to get that headlight fixed though, would hate to see a repeat in Wake Co. Believe me, with this couple on the prowl this could have occurred anywhere in the state.
Oh and again WWAY please do that story..... seems to be a lot of confusion out there as to whether its a right or a privilage to drive on our roadways.
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