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How to make it a YES for you Russ Whitney has traveled so many places and met so many different men and women. It amazes him how so several things have changed, but what fascinates him is the fact that some things are still the exact same. Yes, some issues are still the exact same no matter how much time has passed and how significantly other issues around has changed.It is said that nothing is constant, but as they say there's always an...more
OUI Sobriety Checkpoint Massachusetts State Trooper COMMONWEALTH vs. CHERYL A. BAZINET.No. 08-P-1681.APPEALS COURT OF MASSACHUSETTS76 Mass. App. Ct. 908; 924 N.E.2d 755April 13, 2010, DecidedCheryl Bazinet, the defendant, was stopped at an OUI sobriety checkpoint. A State trooper working the checkpoint spoke with her and detected an odor of alcohol. Consequently, the trooper directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had "glossy, bloodshot eyes" accompanied by "a strong odor of an intoxicating beverage on her breath as she spoke". Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence.Defendant moved to dismiss the complaint on grounds that the OUI checkpoint procedures were not consistent with constitutional requirements.Whether the odor of alcohol is sufficient reasonable suspicion to further detain an operator for further testing?The court said that the "odor of alcohol" was one of the "clues of impaired operation" for which the screening officers were to check...more
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