Yeah, but they don’t need to. They already have probable cause because they personally witnessed her speeding. Now, to charge her with DUI, they would need evidence, but they don’t need to smell alcohol to search her car in this case. It doesn’t seem like they were interested in doing any of that anyway. They just wanted her to pull over to write her a ticket, and she instead decided to blow it up into a “thing”. Stupid.
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They witnessed her speeding and maintained continued visual contact with her in the vehicle; this constitutes fresh pursuit. They can search the vehicle and probably enforce a breathalyzer test under these conditions (though US and various states’ laws can be weird).
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I live one county over and even I wasn’t sure we were talking about New York State until Rochester was mentioned, and there’s still a chance there’s a Rochester in one of those other Monroe counties.
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She says in the video she’ll just throw it out… aren’t they supposed to recuse themselves if there’s even an appearance of bias?
We had the daughter of the local magistrate in my elementary school class when I was a kid – I was a precocious child (one of those ones people say should become a lawyer because they like to argue).
I was like oh so if I ever do something I’ll have to talk to Alice’s dad?! and my mom kind of laughed and went no if they know you they recuse themselve and someone else looks at it.
Then again, I guess I grew up in a functional community…
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