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Further information on forcible DUI blood draws

Posted by $ winterwind 7 years, 8 months ago to The Gulch: General
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My beginning research on the forcible blood draws for suspected DUI/DWI gives me the following information:
It hasn't really crossed the border [you know, that big river in the center of the continent?] except in the cases of Arizona [they've always been death on DUI], Texas [that's a surprise!] and, of course, California. It is widely used in Tennessee, Florida and New York.

Several jurisdictions have found it to be an unreasonable search and seizure, so the police have to have a warrant. A judge will usually be on call [sometimes in the back of the police car]. Victims are not always taken to a hospital, but often are.

There are a couple of grisly stories about people having their blood drawn in the back seat of a police car [lighting source? maglite] of on the hood of the police car [lighting source? headlights of another car]. I don't know if these are true or not.

It's a hard time of year to get information on this, as sheriffs are sometimes up for re-election and I hate to waste my time asking someone if he will allow it in his jurisdiction if he then goes on to lose the election.

I do intend to ask both candidates in the Adams county, Colorado election. Their phone numbers are published by their parties, so it's OK to use them to ask a question, right?

I would like to expand my research after the election, and ask the question of sitting sheriffs. Note to self: when do they take office?

I am also contacting INFOWARS and seeing if there's anything left of the Tyranny Response Team, a fun organization if there ever was one!

Thoughts?


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  • Posted by $ 7 years, 8 months ago
    thenewspaper.com does discuss a Nevada case, but is seems to be in the first wave of cases, in which judges and courts found that a WARRANTLESS blood draw was unconstitutional. The reasoning then goes, if you had a warrant, you're good.

    Not good enough for me! I want them stopped.
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  • Posted by Herb7734 7 years, 8 months ago
    To some extent, this is being driven by the horror of having been maimed or killed by an irresponsible drunk driver. Ask any relative, a mother or father about how they feel about blood tests after they've experienced the horror. Add to this, the government's thirst for more and more control over the people and you have a mighty high mountain to climb to dissuade the use of these unconstitutional and intrusive tests. However, after looking at a few DUI stops on COPS or similar shows, drunks are pretty easy to identify, specially if you have a mini cam to record them. The blood tests are simply a step too far.
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  • Posted by $ MarkHarrison 7 years, 8 months ago
    Included now in LegalShield's membership service - 24/7/365 emergency access to counsel in cases where the members liberty is threatened. (Including being arrested or detained by law enforcement)
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    • Posted by $ jlc 7 years, 8 months ago
      MarkHarrison -

      I just looked up LegalShield and they sound like a worthwhile service at reasonable rates - kinda sorta like a legal version of the Auto Club.

      If you have actual experience with them, would you please provide details?

      Jan
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      • Posted by $ MarkHarrison 7 years, 8 months ago
        It's exactly like an auto club membership but for legal services. Some states consider it an insurance-type product and require a license (i have some but not all), but for the advice (most used part) it really isnt, rates dont go up from usage. My enrollment site is http://PeaceOfMind4Life.com. My number is there if you have questions.
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  • Posted by dbhalling 7 years, 8 months ago
    "I do intend to ask both candidates in the Adams county, Colorado election. Their phone numbers are published by their parties, so it's OK to use them to ask a question, right? "

    Excellent idea
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  • Posted by $ allosaur 7 years, 8 months ago
    Comrade citizens, tonight for PR purposes, superior authority asks for pretty comrade people only to dress up like local police and go door to door, each holding up an empty hypodermic when singing, "Trick or treat!"
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  • Posted by Zenphamy 7 years, 8 months ago
    Winter; From what I've gleaned, the idea originated in NHTSA and is brought to the state through their DPS/DOT state grants, and then granted to localities. It generates a lot of overtime pay for the officers involved that's paid for from the grant funds. Most are typically run in conjunction with DUI roadblocks in states that allow that and warrants are rubber stamp type with at times even prosecutors or retired judges serving as special 24 hr on call magistrates.

    NHTSA has long been frustrated that most state's implied consent laws still allow the suspect to decline and only face a 3 to 6 mo loss of driving privileges for that refusal. Some states have now added a requirement that after the initial license suspension, a breath analyzer machine must be installed in the offenders automobiles, even his employer's trucks, etc. for up to 10 years (on a 3rd strike), 5yrs on the 2nd and 2 yrs on the 1st at a cost averaging $130/mo, in order to obtain a restricted license and the states, through compact agree to enforce each others sentences.

    NHTSA saw the forced blood draws as a stronger tool in their box along with the push to have the .08 concentration reduced to .05.

    Their goal is to eliminate as much as possible a defense for each offense, particularly those that have found the standard sobriety field tests to be not credible
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  • Posted by $ jlc 7 years, 8 months ago
    Thank you, winterwind. I think we all agree that this is too far. I think that Herb has a good point that this is 'surfing' on the battlecry of deaths by drunk drivers.

    Thinking about it, this means that we are again back at the 'security vs liberty' dichotomy.

    Jan
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  • Posted by khalling 7 years, 8 months ago
    In my former country of El Paso, I'd ask the sheriff, but his hands are so full right now with trumped up bogus, let's see if anything will stick mess right now. I can't see them doing it and he has resisted some Colorado laws in the past, most recently the changes to firearm ownership that lead to the recall of the head of the state senate. BUt on other bad laws, he has been compliant. Colorado law makes it very difficult for there not to be an arrest in 911 domestic dispute calls. There has been massive abuse of that law but he insists his hands are tied. I am not suggesting women can't be abusive, but on the occasion I was in court to witness it, one case after the other (mostly female) was dismissed-but not before the defendant spent the night in lock-up and under-went the undignified body cavity search, while you are completely naked. It is anti-human and it is a massive waste of state resources. But that's another topic. The judge on demand 24/7 thing is chilling. We all need to do our part in making our local sheriff's offices aware that we are watching them. I'm calling the State Troopers Association as well. squeaky wheels...
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