วันอาทิตย์ที่ 3 กรกฎาคม พ.ศ. 2554

Why Don't Politicians and Judges Ever Take a Breathalyzer Test?

It seems like politicians, celebrities, and judges are notorious for one thing - skirting out of problem by the skin of their teeth. Either it's O.J. Simpson, Mel Gibson, Lindsay Lohan, or any other man of relative fame, it seems like they never receive the same punishment as the rest of us (save Paris Hilton, who, with her lifestyle should Either not be driving while drinking or at least know how to minimize the damage if stopped for suspected Dui). As you'll read below, it is because they often have dissimilar priorities than the rest of us, and probably also have a lot more information in front of them before they are stopped for Dui.

Whether or not to take the breath test ordinarily revolves colse to two former questions:

Attorney Washington

(1) how drunk are you; and

Why Don't Politicians and Judges Ever Take a Breathalyzer Test?

(2) how badly do you need your driver's license?

In many states, they have what is called an greatest or gross Dui that is expensed when man blows over a determined number on the breath test (I am from Washington and I believe it's .15 here). If you blow over that number not only do you lose your license longer automatically (in some states - please consult an attorney before development a decision of Either or not to take a breath test) and are subject to a higher penalty. So, for some, the possibility of facing the increased sentence is sufficient to decline the breath test.

Another possibility is the succeed of refusing a breath test. In most states, you impliedly consent to taking a breath test if you are suspected of Dui simply by driving. You can decline to take the test, but it results in a higher penalty of driving restrictions and they can use your refusal against you in court. In Washington, for example, if you take a breath test and fail, you lose your license for 90 days. But if you refuse, your license is lost for 365 days. For many, the idea of losing their license that long prevents them from refusing the test, even though it may be the best thing for their Dui conviction (this is a much tougher call in Washington now because after having your license suspended you can immediately apply for an ignition interlock gadget and drive the whole distance of your suspension with it.

For many in high profile situations, it is this second aspect that creates the desire to refuse the breath test. Politicians, for example, don't necessarily care one bit about losing their license. It won't come up during the next campaign. A Dui conviction on the other hand, would authentically be embarrassing and supply a determined number of ammunition for any opponent. And because it is infinitely harder to prosecute a Dui without the breath test (although a refusal can be used against you, there are many ways to elucidate this away, along with the unreliability of the test), many population of high profile opt to refuse the test to fight the Dui versus taking the test to lower their driver's license penalty.

If you are ever faced with the decision of taking a breath test or not, please recommend an attorney if allowed (in Washington you are). They can discuss your exact situation with you and help you determine your best course of action. This, of course, is in light of the determined alternative, which is to refrain from drinking and driving.

Why Don't Politicians and Judges Ever Take a Breathalyzer Test?

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