Further information on forcible DUI blood draws
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?
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?
Not good enough for me! I want them stopped.
http://www.thenewspaper.com
Another resource
http://www.motorists.org
Right this minute, I hear a piece of cherry strudel and a cup of coffee calling my name - but I'll be back. :O
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
Excellent idea
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
Thinking about it, this means that we are again back at the 'security vs liberty' dichotomy.
Jan