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POLICE OFFICER 2: FAILING THE BAC TEST

by John Lee

Subject opinion to coercion: whom will you make your inquisitors? Fallible men; men governed by bad passions, by private as well as public reasons. --President Thomas Jefferson

Do police officers always get a break from their fellow cops? Do police really have nothing to fear from America's DWI laws?

Sergeant Ben Jonsen was off-duty, driving in his home town, outside his jurisdiction as a police officer.

The on-duty police officer never observed Ben violating any traffic regulations. Instead, the cop relied on an annonymous allegation from a telephone informer. As mentioned previously, police are not allowed to make misdemeanor arrests for crimes not committed in their presence.

An assisting officer asked Ben permission to search the vehicle. The cop found an unopened six pack of beer, and six empty beer cans.

Ben voluntarily agreed to perform a field sobriety test. Ben voluntarily consented to the blood-alcohol content test. His score was 0.18% BAC.

The arrest report later read, "On the one legged stand, he could not maintain his balance, and he had to put his foot down repeatedly. . . . the nine step walk and turn, he could not walk heel to toe."

The chief of police put Ben on paid sick leave.

Ben hired the best and most expensive criminal defense attorney in Gothyk City. His plea was not guilty. In regards to the BAC test result of 0.18%, the lawyer expressed the professional opinion, "I don't believe that to be accurate. Come to court and you can find out why." [Newspaper reports]

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`ALCOHOL PROHIBITION DRUNK DRIVING`

`JOHN LEE ALCOHOL PROHIBITION DRUNK DRIVING`