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Refresher on Law

You're ignorant of the way situations of this nature must be handled. That's not an insult, but just an observation that you're obviously not aware of the legal reasons behind the Trooper taking Mrs Tessener before the Magistrate. Mrs Tessener was arrested for Driving While Impaired on the side of the road, NOT after blowing .00s. This seems to be a fact that many people are missing. After an individual is arrested, only a judicial official can set the conditions of release, or in this case find that the original arrest lacked probable cause. The Trooper, BY LAW, couldn't have let Mrs Tessener leave after the chemical test, even if he had wanted to. She had to be transported before a magistrate in order to be released. In this case, Wrightsville Beach very rarely has a magistrate on duty at the station. There wasn't one that night. The only available magistrate, at a facility used by the HP, was at New Hanover County's jail. Because of this, the Trooper had to transport her to that location in order to have her released in a lawful manner. Let me repeat this for those that haven't grasped the concept. Mrs Tessener was arrested for DWI on the side of the road, prior to taking any tests. The Trooper didn't wait and arrest her enough though the blew 00s. He had arrested her much earlier and was following the legal route to have her released.


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