Legal Question in DUI Law in Pennsylvania

MIP - breathlyzer testing

Is a search warrrant needed to perform breatholyzer for 18yrs pedestrian by police???


Asked on 11/20/07, 7:28 pm

3 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: MIP - breathlyzer testing

no. You should hire a private attorney as soon as possible.

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Answered on 11/20/07, 7:46 pm
Gary Moore Gary Moore Attorney At Law

Re: MIP - breathlyzer testing

To administer a breathalyzer test there must be probable cause to arrest; a reasonable suspicion that the person is committing a crime. Secondly, requiring someone to subject to a breathalyzer when operation of a vehicle is not involved

is not otherwised authorized without a search warrant.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/20/07, 11:13 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: MIP - breathlyzer testing

Each case is unique, and the police do need some form of probable cause before they can arrest a person. Once they have arrested you, if they ask you to take a breathalyzer test they do not need to get a search warrant. I would need to review all of the facts of your case before I could give you a definite answer to your question as to how it relates to the actual arrest. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 11/23/07, 12:22 pm


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