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My friend was stopped by a cop and admintered a breathalizer…

My friend was stopped...

My friend was stopped by a cop and admintered a breathalizer test and a way the line test. having ppassed both the cop insited that my friend give him a blood sample. He refused because he had no confidence in the cops medical training. The cop give him a ticket for noncompliance and a judeg gave him a fine for over $700. It is my understanding that in Tenesee you cannot refuse a blood test if you are arrested and in custody. My friend was not arrested or in custody. This a just a street thing. Does my friemd have to pay the fine?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

I already said Tennessee.

Lawyer's Assistant: Sorry about that. I must have missed it. Could you tell me again?

How many times do have to say Tennessee? This is the third time.

Lawyer's Assistant: Has anything been filed or reported?

Don't know. I assume this has been reported and filed with the court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks, that's it.

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Answered in 11 minutes by:
3/9/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,011
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 1 month ago
ok, sounds reasonable.

Tennessee's implied consent law is here:

https://law.justia.com/codes/tennessee/2010/title-55/chapter-10/part-4/55-10-406/

This means that in order to get a license at all one must agrees in advance to be tested so that a police officer can see if someone is driving under the influence.

The statute later on does say arrest, but if your friend was not free to leave, then your friend was, in fact, in custody.

He can, of course, challenge the refusal as part of his defense of the case. If he was not under arrest and the police procedure was wrong, then the refusal couldn't stand.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,011
Experience: Active member of the NYS bar since 1989
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