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Is Timberlake a friend of Dorothy?

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That posting was probably a joke. But what an asshole for being that fucked up, and not even ordering a Lyft or Uber. The cost would have been insignificant for him. And now he's going to pay big-time. Why endanger others' lives when it would be just as easy for you not to? 😤 Seriously messed up.

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Fake.

Firstly, if the Police had administered a blood test, they would only do established tests for illegal drugs. Truvada for example, would not be detected, because there is no reason to test for it.

Secondly, poppers have a very short half-life. They're almost impossible to detect in the blood unless the sample is taken and tested immediately after they have been inhaled.

4 hours ago, unicorn said:

That posting was probably a joke. But what an asshole for being that fucked up, and not even ordering a Lyft or Uber. The cost would have been insignificant for him. And now he's going to pay big-time. Why endanger others' lives when it would be just as easy for you not to? 😤 Seriously messed up.

He's not going to pay big time. He'll get a fine, lose his license for a while. Slap on the wrist and "don't do it again".

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15 hours ago, omega said:

...

He's not going to pay big time. He'll get a fine, lose his license for a while. Slap on the wrist and "don't do it again".

It looks as though you're right, unlike in California, there is no enhancement in New York for refusing a BAC test. Probably works out best, if you're dead drunk as JT was, to refuse the test:

https://www.bradmazarin.com/test-refusals-in-new-york-state#:~:text=In addition%2C there is a,prior refusal within five years.

"...If a person who has been lawfully arrested for DWI in New York State refuses to take a breath test, after being warned of the consequences for doing so, his/her license or privilege to drive in New York will be suspended for either 15 days or until a hearing is held at Department of Motor Vehicles. If the Administrative Law Judge at DMV finds that the driver has refused to submit to a chemical test, his/her license or driving privilege will be revoked for one year. In addition, there is a $500 civil penalty as well as $250 in surcharges each year for three years. Finally, the refusal can be used as evidence of consciousness of guilt in a subsequent criminal trial. The penalties are more severe for individuals who have a prior refusal within five years...".

If a person who has been lawfully arrested for DWI in New York State refuses to take a breath test, after being warned of the consequences for doing so, his/her license or privilege to drive in New York will be suspended for either 15 days or until a hearing is held at Department of Motor Vehicles. If the Administrative Law Judge at DMV finds that the driver has refused to submit to a chemical test, his/her license or driving privilege will be revoked for one year. In addition, there is a $500 civil penalty as well as $250 in surcharges each year for three years. Finally, the refusal can be used as evidence of consciousness of guilt in a subsequent criminal trial. The penalties are more severe for individuals who have a prior refusal within five years.

California has a harder line on these refusals:

https://hartlevin.com/practice-areas/dui/what-happens-if-you-refuse-a-breathalyzer-test/#:~:text=While it is your right,impact on your legal defense.

"...Consequences of Refusing a Breathalyzer Test:
1. Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver’s license, regardless of whether you’re ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense. It’s important to note that this administrative suspension is separate from any suspension imposed by the court.  The normal suspension on a first offense DUI with refusal is one year of no driving. There is no ability to drive even for work purposes.  The one year suspension is a hard suspension which is why it is critical to fight it.
 
2. Increased Penalties: If you are later convicted of a DUI after refusing a breathalyzer test, the fact that you refused can be used against you in court. The prosecution may argue that your refusal indicates a consciousness of guilt, potentially leading to enhanced penalties, such as longer license suspensions, mandatory alcohol education programs, or even jail time.  The DA’s policy is to ask for a minimum of 48 hours in jail for a refusal, not considering any other aggravating factors that may further enhance the punishment. 

 

So it looks like it's sad, but you're probably right. Given that this happened in New York, the consequences for JT will be minor. He'll just need to hire a driver, not a big deal for someone like JT. However, one can hope that the judge will see through this and enhance his penalties...

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