Greensboro, NC asked in Car Accidents, Civil Rights and Personal Injury for North Carolina

Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Civil Rights Lawyer
  • Baton Rouge, LA

A: In answer to your question, yes. I don't think his excuse is valid however law enforcement is not require to have each driver involved in a MVA given a breathlyzer test. Now, if you think the law enforcement really breached his duties, then you can assert a complaint with his supervisor or Internal Affairs.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
  • Personal Injury Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Yes it is officers discretion as to whether or not to test for impairment.

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