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