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auto breathalyzer

Is there anything I can do if the police refused a breath test upon another person in car accident?

I was in a car accident, error remains to be determined, but the driver of the other car that hit me head on, in total my car, smelled of alcohol. I asked for a Breathalyzer test be done, but the police at the scene stated that she spoke with his daughter and the man had a speech impediment and was slow. When my friend arrived to give me a lift they also pointed to the smell and asked for a test, again refused. Is there anything that can be done to help prove the man can drink or for my case? I have no collision coverage on my car and fully believe that there is no chance that the accident was not my fault. I want to make sure my car is paid by his insurance and possibly to stop him before someone else gets hurt more than me.

I think you can sue him and then claim that you and your friend smelled of alcohol, but who do you think have the most weight? You and your friend or the police who did not think that a test was necessary?


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