Comment Re:Bad Idea (Score 5, Interesting) 1219
That's not the way things are run, he's just an uninformed twit. In most, if not all states, you agree to surrender to breath testing at the discretion of law enforcement as part of getting your license. Courts tend to interpret the power a little more narrowly than cops would like, but if they have even the slightest reasonable suspicion, you're not going to get anywhere.
An on-the-spot judge is new, though, and is going to be problematic. We take separation of powers pretty seriously here. A judge is not a police officer, and shouldn't be acting like one. The commingling is going totrigger a massive legal fight.