Legal Question in DUI Law in Pennsylvania
MIP - breathlyzer testing
Is a search warrrant needed to perform breatholyzer for 18yrs pedestrian by police???
3 Answers from Attorneys
Re: MIP - breathlyzer testing
no. You should hire a private attorney as soon as possible.
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
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