Can A Cop Smell Alcohol From Inside A Restaurant?
Posted by: From Arkansas in Are You Kidding Me?, Just Plain Weird on Aug 22 2007
Welcome back!
There is this story of a guy who drove up to a fast food driveup window and ordered some cheeseburgers. Driving up to the pickup window, the person at the window told him to pull up and wait for the food. A police officer, who was at the restaurant because of a complaint from the manager about drunken customers, took the guy’s food to him. He was arrested for drunken driving.
Here’s the problem. In court, the prosecution says that the officer was able to smell, from about 7 ft. away inside the restaurant, the alcohol on the guy’s breath. The defense says NO WAY! Now, the driver was above the legal limit for alcohol. He was reported to have slurred speech, red and watery eyes. But, can an officer have that good a sense of smell? I don’t think so unless the driver was so smashed that he reeked for yards around him. I dunno about that.
At this point, it will be up to a judge to determine if the cop could smell from inside a driveup window or not. In my opinion (worth absolutely zero, of course), while I do not condone drinking and driving, it would be pretty hard to believe the cop actually smelled the guy’s breath that far away. Come on!
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