Prosecutors dropped the DUI charges against Derek Lowe:
One of Lowe’s attorneys, Cory Yager, said Thursday that solicitor Raines Carter, the chief prosecutor in Atlanta Municipal Court, agreed to dismiss the charges for lack of evidence.
Yager says police video following the April 28 arrest showed Lowe “did remarkably well” in his field sobriety tests after declining a breath test.
Good for Derek. I hope he wasn’t drinking, and this was just a mistake by the police.
It should be pointed out that declining a brethalizer is barely ever a good strategy.
In most jurisdictions, the penalty for declining to provide a sample is the same as the penalty for failing. A failed test can be argued over in court. A declined test can not. I suspect that Lowe’s celebrity bought him some cred here.
When they ask you to blow, blow. Argue later when it will do you some good.
Pretty sure Lowe takes that test if he was not drinking.
Lowe had off field late night issues with the Red Sox that led to them letting him go.
As for deciding to blow or not, it depends on your state really, and how drunk you think you are. If you fail borderline, you can question the result in court. But many big time drinkers have a good alcohol tolerance and can look and act sober even when double the legal limit. You can not argue the accuracy if you are .15 no matter how well you do on the sobriety test. Lowe obviously made a wise choice if he was in this category.
You’re right about it depending on the state, pft, but no matter how high a number the sample produces, you can always argue about something. Was the machine calibrated correctly? Was the officer properly trained in the use of the machine? When was the last time the machine was calibrated? How old is it?.
If the accused declined the test, the questions are all coming his way.