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Does a police man have to show the results of he breathalizer?
I live in new york state and went of the rode at 100pm i was given a breathalyzer test and the officer refused to show me the results and gave me a ticket for alcohol comsumption in a vehicle because there was a empty bottle in my car
hello, im assuming that your driving was wreckless as you went off of the road, this is I assume the reason for the officer to pull you over as your driving was erratic. in your question you mentioned that you were given a breathilizer and the officer refused to show you the results? normally on dui stops, where breathilizers are given, at completion, the officers typically show you the level of alcohol of in your system. but obviously, procedures differ state by state, and the officers attitude ie. if hes pissed off, if the offender is uncooperative, combative, will determine what his actions will be basd on his level of safety at the scene. obviously if a person is totally combative physically or verbally threatening the officer hes not going to show you stats from a breathilizer machine. but typically up here in ohio where im from, the officers always display the results of those tests as this gives the driver the data regarding the level of alcohol in his system. are they required too? no, just like in a speeding citation stop, the officer may not be required to show you the radar gun that clocked you exceeding the speed limit. my guess is that in the state of new york they are not required to show you the results, but typically the troopers and cops do show people the results. you did not mention if the officer advised you of any alcohol results verbally? so im assuming he did not. i noticed also that you were cited for alcohol consumption in a car? well that is actually a good thing my friend, because if you were drinking, you were not given a DUI or some kind of driving under the influence ticket. im not sure what they call drunk driving in new york, but obviously you were not charged with anything related to drunk driving. it sounds like you were driving in the middle of the day and just veered off the road due to driver inattention, and not because you were drunk. if you were drunk he would have given a dui or under the influence citation, towed your car, and arrested you. as an ex cop of 14yrs, i would assume that you may have had some alcohol in your system and thats why he cited you based on that or simply because you had a beer bottle in your vehicle. or it could be that you had no alcohol in your system at all as it was 1pm in the afternoon, but at some point, there was some alcohol consumed in your car as there was an empty bottle in plain view and this may be why you were cited. but, heres my real opinion, im betting the breathilzer yielded no alcohol or a very minimal residual amount as you said this was at 1pm in the afternoon, not a likely time to be leaving a bar, right. so, the cop stops you and gives you the breathilizer and doesnt show you the results but tags you for the bottle in your car most likely because you didnt have enough or any alcohol in your system to justify a dui, right. my bet is you had none or very little, but the bottle was their and this is why you got the ticket. now, heres the real deal, you can call that particular police district or trooper post and ask where you can obtain a copy of any paperwork associated with your citation. and theyre may not be any, because it was just a ticket alone, but some cop shops require officers to fill out offense reports or supplemental reports in detail in addition to any arrests or citations to summarize whats happened in greater detail. so, you should call and request for copies of any reports, citations etc. although you should have the citation copy. but the reports or tickets that you already have or obtain will have to include the exact amount of alcohol determined by the breathilizer. and if your ticket does not include any alcohol in your system then i would fight that ticket/citation all the way!!! and my gut instinct is that your breathilizer showed no alcohol levels at all! or you would have been arrested, towed etc. but, instead the officer just figured well you had at some time drank that bottle of beer in your car as it was empty and present. so, if your ticket indicates no breathilizer results, i would say you can win this one! and without any positive breathilizer results, the courts cant find that you consumed that bottle of alcohol! so go and fight this issue in court! and when the prosecutor says an empty bottle of booze was found in your vehicle, say there sure was! but it wasnt empty because it was consumed by me! and your citation will provide direct evidence of this fact as the officer did not indicate any levels of alcohol in your system, and if there were, then he would have documented the levels on your ticket! or in a report! or he would have showed you the results! thats why the officer didnt show you the results because he knows you would go to court and challenge the ticket, BOTTOM LINE IS HOW CAN SOMEONE BE TICKETED FOR ALCOHOL CONSUMPTION IN A VEHICLE IF THE OFFICER DID NOT WITNESS YOU TIP THE COLD ONE! NOT TOO MENTION HE DID NOT SHOW YOU ANY EVIDENCE OF ALCOHOL ON THE BREATHILIZER GOOD LUCK! ( cops, and the like just assume you will pay it out, but fight the good fight, know the laws, and argue facts based on facts. take care)
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