Legal Question in Traffic Law in Utah

my 20 yr old daughter attended a dance at Garden City, was walking by herself to a friends car, (she was not driving), walking across gravel in high heels, (stumbled a bit) and a police officer approched her and asked her "how much she had to drink" then aked her to take a breathalyzer test which came up 0 - 4 times he told her she "wasn't blowing hard enough thats why it came up 0 then said "it doesn't matter, I know you're drunk "and gave her a ticket for possesion by comsuption. there were no witnesses and she didn't have the pressence of mind to ask for another officer to be there or to ask for a blood test. what can she do,


Asked on 8/03/09, 1:33 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Plead not guilty. Take the case to trial if needed. The officer has to have evidence, not just a suspicion.

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Answered on 8/09/09, 10:42 pm


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