Another DUI “Loophole” Plugged

Posted by Lawrence Taylor on May 4th, 2006

Another news story fairly typical of the attitude toward constitutional rights when it comes to drunk driving:


Lawmaker Seeks To Erase Drunken Driving Loophole

Issue Centers Around Evidence Of  Breathalyzer Refusal

HYANNIS, Mass. A Cape Cod legislator wants to close a loophole in the state's drunken driving laws that bars juries in criminal trials from being told whether or not a defendant refused to take roadside tests or a Breathalyzer. But he could be up against the state constitution…

The barring of refusal evidence hinges on the state Constitution, which contains a provision safeguarding citizens from self-incrimination, Nardone said. In response to a legislative inquiry in 1992, the Supreme Judicial Court ruled that allowing refusals would create a catch-22 situation, where refusing or taking the test could lead to an implication of guilt.


Another one of those darned "loopholes": the Constitution. No problem, just use the old "DUI exception".

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