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The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I'm presumed innocent?

 

Question:

The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I'm presumed innocent?

Answer:

Agreed, it is blatantly unfair. But the law in California provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test.

WARNING: Be aware of a 10-day deadline for calling the California DMV to request a hearing on the suspension and to get an extension of the temporary license.

 

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