No, the cop was wrong, and so was his lieutenant
What I'm getting at is that any time a cop - or a salesman, or anyone who wants you to do something you're not enthusiastic about - starts insisting that you have to do it right away "for your own good" it's best to delay it. If they're not willing to wait, there's something not kosher about the request.
"If you wait for your lawyer before answering these questions, I won't be able to help you." OK, thanks, I'll definitely wait for my lawyer then.
"I can't guarantee this offer will still be there tomorrow." OK, I'll talk to you tomorrow and see what the deal looks like then.
"If the other driver's family tries to sue for wrongful death, this guy's best defense will be a clean sample from immediately after the accident. If he's not conscious to give consent, would you agree to take the sample and give him the option to test it or dispose of it once he's awake?" Oh, that's actually pretty reasonable. Let me check with my supervisor.
But that's not what he said. There's clearly no reason for a police phlebotomist to do the draw unless he's a suspect. His reaction confirmed he was acting outside his authority, and the lieutenant who told him to do it was also wrong.
I was citing the CDL regs just to make the point that it's entirely normal for a professional driver to be tested after an accident, even if he's not believed to be at fault. Who normally performs that test, I didn't check.
"If you wait for your lawyer before answering these questions, I won't be able to help you." OK, thanks, I'll definitely wait for my lawyer then.
"I can't guarantee this offer will still be there tomorrow." OK, I'll talk to you tomorrow and see what the deal looks like then.
"If the other driver's family tries to sue for wrongful death, this guy's best defense will be a clean sample from immediately after the accident. If he's not conscious to give consent, would you agree to take the sample and give him the option to test it or dispose of it once he's awake?" Oh, that's actually pretty reasonable. Let me check with my supervisor.
But that's not what he said. There's clearly no reason for a police phlebotomist to do the draw unless he's a suspect. His reaction confirmed he was acting outside his authority, and the lieutenant who told him to do it was also wrong.
I was citing the CDL regs just to make the point that it's entirely normal for a professional driver to be tested after an accident, even if he's not believed to be at fault. Who normally performs that test, I didn't check.