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LegalGround Forum >> Cops can draw blood from drunk driving suspects
| 9/13/09 5:51 PM | |
worldfightfan
Member Since: 11/4/06 Posts: 3298 |
This is so F*** Up .. what is this country coming to? http://www.msnbc.msn.com/id/32824729/ |
| 9/13/09 5:57 PM | |
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AGSa
Member Since: 2/15/07 Posts: 2826 |
WOW! That IS fucked up. |
| 9/13/09 5:58 PM | |
jaseprobst
12 
Member Since: 6/6/03 Posts: 19488 |
That's been around for a while. |
| 9/13/09 6:17 PM | |
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TSMontana
33
Edited: 09/13/09 6:17 PM Member Since: 5/7/03 Posts: 6501 |
Welcome to red state mentality. Forget about civil liberties. |
| 9/13/09 6:35 PM | |
Claw Hand
49
Member Since: 8/3/07 Posts: 477 |
This isn't new at all. In Florida, I believe they can only do this if you hit or kill someone with a vehicle while under suspicion of DUI. I had a friend that simply got pulled over, he probably wouldn't have blown over a .08, but didn't want to chance a DUI and he refused. They didn't have the authority to take his blood in that instance but they immediately suspended his license. He fought it, and got it reduced to some other infraction because they had no proof he was over the limit. |
| 9/13/09 7:35 PM | |
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angryinch
Member Since: 3/14/04 Posts: 54882 |
unless the drunk driver in question happens to be a cop....then other cops will show up, tell bystanders that the driver isn't drunk, then they'll give the driver something to eat and wait about 6 or 7 hours before administering a blood test or breathalyzer. |
| 9/13/09 7:38 PM | |
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worldfightfan
Member Since: 11/4/06 Posts: 3304 |
this is hosed up police state mentality. |
| 9/13/09 7:38 PM | |
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worldfightfan
Member Since: 11/4/06 Posts: 3305 |
angryinch - unless the drunk driver in question happens to be a cop....then other cops will show up, tell bystanders that the driver isn't drunk, then they'll give the driver something to eat and wait about 6 or 7 hours before administering a blood test or breathalyzer. true dat! |
| 9/13/09 7:45 PM | |
Jack Page
5
Member Since: 5/14/09 Posts: 523 |
had a friend in a situation like this. refused breathalyzer. cops said they need to take blood. he told them if they do he may end up hemoraging because he is a hemophyliac. Sorry about the spelling im nicely buzzed watching football. Anyways, he told them if they took his blood he would charge the department with reckless endangerment or some shit. They took it anyways, he ended up in the hospital for a while, and ended up settling with the department for almost a mil. So if you refuse and they say they will take blood claim to be a hemophyliac, |
| 9/13/09 8:27 PM | |
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alpo
8
Member Since: 1/1/01 Posts: 45525 |
TSMontana - Welcome to red state mentality. Forget about civil liberties. Um, you're joking, right? LOL |
| 9/13/09 9:17 PM | |
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whiteghost
1
Member Since: 3/11/09 Posts: 132 |
the cop in the picture isn't even wearing gloves when he's about to draw blood. this is going to be very costly for PD when the cops mess up and get their asses sued. Even if you're on a blood thinner or have a propensity to forming clots, this could open the potential for major lawsuits. In CT if you refuse breathalyzer they automatically suspend your license for 90 days, but at least you don't get a DUI |
| 9/13/09 9:18 PM | |
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JonnySak
5
Member Since: 7/27/05 Posts: 8118 |
pgimlin - correct me if i am wrong No. I read a story last week where I guy submitted to a breathalyzer, passed it, and still had blood forcibly withdrawn (which he also passed). |
| 9/13/09 9:19 PM | |
Altofsky
38
Member Since: 12/17/06 Posts: 26778 |
"In CT if you refuse breathalyzer they automatically suspend your license for 90 days, but at least you don't get a DUI" If you're drunk, YOU DESERVE A DUI. Civil rights should not protect an individual from driving drunk and refusing a test to prove it. |
| 9/13/09 9:26 PM | |
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balloon knotter
Member Since: 2/27/07 Posts: 13013 |
totally unneccesary and opening up PD's to huge liability. In NJ if you refuse the breathalyzer its the same as if you were DWI. there's no incentive to refuse it you are fucked either way. |
| 9/13/09 9:28 PM | |
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Napowned
Member Since: 1/1/01 Posts: 5144 |
Thats funny, I thought we had the right to choose our medical procedures and our doctors. |
| 9/13/09 9:43 PM | |
ranier wolfcastle
245
Member Since: 11/28/03 Posts: 27440 |
my dads dui lawyer in cali said a registered nurse must take blood, if not its legally inadmissable (and the fag judge threw out her motion) |
| 9/13/09 9:56 PM | |
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BarkLikeADog
9
Member Since: 10/11/05 Posts: 11887 |
"Civil rights should not protect an individual from driving drunk and refusing a test to prove it." If you are a completely functional driver I don't care what substances you consumed. If you are clearly impaired the cop can prove it without an objective test. The disconnect here is that "drunk" is subjective to the individual & "impaired" is subjective to the cop, so we have a supposedly objective test that gives certain individuals an advantage. I'd rather leave it subjective to the cop in this case, just my opinion. Some fatass trucker who isn't impaired at all gets nailed & his life is fucked, while my mom is a deadly menace at .0000001 & gets to skate, something's fucked about both those scenarios. BAC is a letter-of-the-law farce. I don't drink, I don't support drunken driving, & I don't trust cops, but I think we took a wrong turn on this one. & that's not even getting into the liability issues. So I'm gonna side with the civil rights side. |
| 9/13/09 10:03 PM | |
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Elite Hunting
Member Since: 4/27/06 Posts: 852 |
Don't drive drunk and you don't have any problems. |
| 9/13/09 10:11 PM | |
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balloon knotter
Member Since: 2/27/07 Posts: 13016 |
Elite Hunting - Don't drive drunk and you don't have any problems. that's not true. this will end up being another thing for power tripping cops to do if they want to teach someone a lesson or try to find a reason to bust someone. |
| 9/13/09 11:10 PM | |
Beezulbubba
27
Member Since: 1/1/01 Posts: 5636 |
Mandatory here in PA, I think. They do it everytime anyways evemn if it isn't, Just more money for them. The dui laws are strictly a cash cow for angencies and the like, and have amlmost nil for dealing with enforcment. |
| 9/13/09 11:51 PM | |
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annihil8torz
Member Since: 4/2/03 Posts: 10126 |
I've had this happen to me already....back in 1998 here in Michigan. I refused the street PBT (handheld breathalyzer) and was taken to jail. By refusing, I lost my license for 90 days automatically. I got to the jail and refused the actual breathalyzer machine there as well. By doing that, I lost my license for 6 months automatically by the Secretary of State. I went to sleep in the cell figuring I'd sleep it off. I was awoken by an officer who told me that they had just gotten a supeona to have my blood drawn. They took me to the hospital and my blood was drawn where they got a blood/alcohol reading. If I would have made it another 6 minutes, any reading of theirs would not have been admissable in court. I gambled and I lost. |
| 9/13/09 11:52 PM | |
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annihil8torz
Member Since: 4/2/03 Posts: 10127 |
Elite Hunting - Don't drive drunk and you don't have any problems. |
| 9/14/09 12:08 AM | |
pfsjkd
Member Since: 1/1/01 Posts: 18690 |
The .08 limit is backed up by research. It wasn't just an arbitrary number. It makes the process more objective than giving a cop complete discretion on whether or not a person's impaired. Doing that would only add fuel to the fires of people like AI who have a pathological hatred of cops and think they have too much power as it is. |
| 9/14/09 12:13 AM | |
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DAVID H
30
Member Since: 1/1/01 Posts: 744 |
Yeah, don't drink and drive. People who drink and drive are pieces of shit anyways. |
| 9/14/09 12:34 AM | |
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Squatdog
52
Member Since: 1/1/01 Posts: 25927 |
balloon knotter -Elite Hunting - Don't drive drunk and you don't have any problems. LOL@this....holy shit. |
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