Live-Streaming Florida Woman Charged With Drunken Driving
HughPickens.com writes: Christine Hauser writes in the NY Times that police in Lakeland, Florida say 911 dispatchers started receiving calls Saturday from viewers who were watching a woman broadcasting herself while apparently driving drunk, using the live-streaming app Periscope. Despite the tip being generated in the virtual world, it took some traditional police sleuthing to find the woman and, ultimately, arrest and charge her. The woman first invited her viewers to follow her as she went bar-hopping in downtown Lakeland. During the live stream, Beall repeatedly said that she was drunk and appeared to be asking viewers for directions. She noticed that there were at least 57 people watching and asked, "So where am I right now, people?" One 911 caller said Beall was driving a Toyota in the north Lakeland area. "I just saw a girl on Periscope driving drunk. She doesn't know where she is and she's driving really fast," said the caller. As officers pulled Beall over, her 2015 Toyota Corolla, which already had a flat right front tire, rammed into a curb. Beall failed the Standardized Field Sobriety Tests and she refused the breathalyzer test.
Taking the optional Field Sobriety Test (FST) is never a good idea. Not doing the Breathalyzer test after being arrested in Florida is also not a good idea as it results in the automatic suspension of your license and your refusal to take the test can be used against you in court. In addition, it doesn't prevent the police from obtaining a warrant to draw your blood and determine your BAC.
Here is part of your own quote of Florida Law:
... if the person is lawfully arrested for any offense allegedly committed... The chemical or physical breath test must be incidental to a lawful arrest
That means "after you are arrested" with, you know, probable cause and stuff. Here is the Intoxilyzer 8000 that is used by the Florida Department Of Law Enforcement (a.k.a state police): http://www.alcoholtest.com/int...
Here is their web page on their alcohol testing program:
http://www.fdle.state.fl.us/Co...
I don't know, Bob, that looks like a big machine to me. Although it does have what looks like a handle, I'll give you that. But it is not a breathalyzer. A breathalyzer is not used in BAC tests. A breathalyzer is not a "breath test instrument" as referred to in 316.1932 (1)(a)2. You should also read 316.1932 (1)(f)1. If you refuse to blow into a breathalyzer on the side of the road, you are not "refusing to submit to a BAC test".