Ross' Lawyer Wants Breath Tests Thrown Out

Diana Ross' attorney in a drunken driving case is asking a judge to throw out breath test results and statements the singer made to police on the night she was arrested. Ross, 59, was arrested Dec. 30

Diana Ross' attorney in a drunken driving case is asking a judge to throw out breath test results and statements the singer made to police on the night she was arrested. Ross, 59, was arrested Dec. 30 in Tucson, Ariz. She has pleaded innocent to the charge. Police said she had a blood-alcohol level of 0.20 percent; the legal limit in Arizona is 0.08 percent.

Defense attorney Stephen Paul Barnard has filed a motion arguing that police conducted a search without a warrant, which "raises the issue of the legality of the arrest and subsequent search and seizure." After she was given a breath test, arrested and informed of her rights, officers told Ross that more breath tests were needed.

Barnard said there was an element of coercion because Ross was given the choice of taking more tests and being allowed to go home, or being taken to a hospital, a police station, or to jail, where she would be subject to the tests after police received a warrant.

Prosecutors said the argument is misplaced. Under Arizona law, anyone arrested for drunken driving automatically consents to blood alcohol content testing.


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