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The officer should still have discretion here to let someone go if they don't feel the person is impaired. But giving them a number means they can't use that di
by servercobra 7y ago
The officer should still have discretion here to let someone go if they don't feel the person is impaired. But giving them a number means they can't use that discretion the opposite way, e.g. arresting someone because "they seem like they're driving high". I imagine that kind of discretion would disproportionately affect minorities, so I see this as a win.
- corndoge 7y ago"You breathalyzed positive, but you don't seem too messed up to drive to me. Drive safe." Said no officer ever
- vageli 7y ago> The officer should still have discretion here to let someone go if they don't feel the person is impaired. But giving them a number means they can't use that discretion the opposite way, e.g. arresting someone because "they seem like they're driving high". I imagine that kind of discretion would disproportionately affect minorities, so I see this as a win. I can't imagine a situation where an officer would employ the use of a breathalyzer and we worry about discretion. The officer used their discretion to pull the motorist over. They used their discretion to perform a sobriety test. They used their discretion to employ a breathalyzer. Point is, if the cop wanted to let you off there are numerous occasions to do so.