Daily Archives: May 4, 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".