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GEORGIA SUPREME COURT RULES POLICE CANNOT COMPEL DRIVERS SUSPECTED OF DUI TO TAKE A BREATHALYZER
13WMAZ ^

Posted on 10/18/2017 9:20:53 AM PDT by JP1201

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To: a fool in paradise
It’s heading down to 0.05% and then 0.03%. CDC is already pushing for it. And in Sweden it is 0.01%.

As I remember at one time in states it was .12. I thought that was a fair decision. Now I don't promote someone to get to that level. It is just that like in government if they can suck more control & money from you they will do it. That's my issue. Same for pharma. When people got their cholesterol levels down to what was recommended & they couldn't sell ant more products, they lowered it & they are still going further, which is totally unhealthy.

41 posted on 10/18/2017 9:47:29 AM PDT by Digger
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I contend that the Founding Fathers _would_ have enumerated a “right to vehicular travel” had they conceived of its necessity.

One FF notably lamented that the enumerated BoR would be construed as “if it’s not listed, it’s not a right” - this is exactly what he had in mind. The notion of regulating drivers with licensing and strict vehicle requirements simply didn’t occur to them in a mostly-unoccupied country featuring dirt roads (if any) and at best horse-drawn carriages. Had the notion occurred to them, it would have been just as revolting as licensing presses or firearms. _Of_course_ you have a right to travel, and distances being what they are you naturally have a right to a machine that facilitates that travel (liable for any harm done in the process).

Ergo I reject the notion that “driving is a privilege, not a right.” Absolutely it’s a right, no less than the 1st & 2nd Amendments. That it’s not enumerated doesn’t mean it doesn’t exist.


42 posted on 10/18/2017 9:49:14 AM PDT by ctdonath2 (It's not "white privilege", it's "Puritan work ethic". Behavior begets consequences.)
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To: ilovesarah2012
Isn’t it if you refuse a breathalyze, your license is automatically suspended?
I believe in NY State you automatically lose your license for a minimum of 6 months.
43 posted on 10/18/2017 9:49:25 AM PDT by oh8eleven (RVN '67-'68)
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To: JP1201

It brings to question whether or not a defendant’s refusal of a breath test can be submitted as evidence in their trial. As it stands, prosecutors can submit a defendants’ refusal of the test. This new ruling changes that.


This part is important, and why I applaud this decision.

The reason is that if they REALLY think you are drunk they can take you to the station and do a blood test. Breathalizer tests are well known to be less than accurate, and one reason I suspect that I heard around a decade ago that attorneys and elected officials normally will never subject themselves to such a test.

Blood tests tell the story. Breathalizer tests should not be admissible in a court of law and should be used for the sole purpose of determining whether they should bother with a blood test.

BTW, I say this as a non-drinking driver.

I also consider texting while driving to be more dangerous than driving “buzzed”. Much more.


44 posted on 10/18/2017 9:49:51 AM PDT by robroys woman (So you're not confused, I'm male.)
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To: FlingWingFlyer

>>Democrat “judges” looking out for their criminal pals again.

I’m more conservative than most on this forum and I fully agree with this decision.


45 posted on 10/18/2017 9:50:46 AM PDT by 1L
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To: ilovesarah2012

Isn’t it if you refuse a breathalyze, your license is automatically suspended?


This is why it was important that this happened.

Breathalizers are not that accurate anyway. Blood tests are what tells your blood alcohol level.


46 posted on 10/18/2017 9:50:57 AM PDT by robroys woman (So you're not confused, I'm male.)
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To: JP1201

DNA evidence is now not allowed?


47 posted on 10/18/2017 9:51:50 AM PDT by READINABLUESTATE ("If guns cause crime, there must be something wrong with mine." -Ted Nugent)
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To: Trump20162020

0.08% is a dumb legal limit anyway.


Exactly. I’d like to see blood test results treated like speeding is treated. i.e. going five over is not the same as going 35 over.


48 posted on 10/18/2017 9:51:51 AM PDT by robroys woman (So you're not confused, I'm male.)
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To: TexasGator

Yup Bri’s claim was based on the wording


49 posted on 10/18/2017 9:52:18 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: a fool in paradise
"It’s heading down to 0.05% and then 0.03%. CDC is already pushing for it."

About 20 years ago when these standards were being set the National Highway Traffic Safety Administration (NHTSA) tested NASCAR drivers at various BAC levels in controlled driving tests. The results were that at .01 to .04 they actually drove better. It was at .07 that things went really went downhill. That created the push for the .08 level.

50 posted on 10/18/2017 9:52:28 AM PDT by circlecity
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To: MrEdd

You haven’t looked at all the studies


51 posted on 10/18/2017 9:52:54 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: littleharbour

the refusal is essentially an admission of guilt.


That’s the part I have the biggest problem with. Especially when you consider the accuracy (or lack thereof) of breathalizers.


52 posted on 10/18/2017 9:53:24 AM PDT by robroys woman (So you're not confused, I'm male.)
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To: 1L

my co-worker has been arrested 3 times for OUI.
each time he has been sentences as a first offender.
The third time, all within a 15 year span, the court again gave him a 1st offender sentence, drunk school and 90 days suspended or whatever.

the DMV on the other hand said NO, THIRD offense and suspended his license for 8 years.

The DMV here in MA is above the law.


53 posted on 10/18/2017 9:54:12 AM PDT by mowowie
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To: ctdonath2
"Absolutely it’s a right, no less than the 1st & 2nd Amendments. That it’s not enumerated doesn’t mean it doesn’t exist."

QOTD
54 posted on 10/18/2017 9:54:46 AM PDT by Hugh the Scot ("The days of being a keyboard commando are over. It's time to get some bloody knuckles." -Drew68)
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To: JP1201

Bad ruling. Do they even take probably cause into consideration?

Imagine a cop letting somebody drive away drunk and the suspect ends up killing somebody while driving.

If it’s about cops can’t physically force you to take a breathalyzer, Then i’m okay with it because many states have a refuse and you’re guilty. Confiscate their license right there/ Tow their car away to an impound lot and let them get a lawyer and go to trial.


55 posted on 10/18/2017 9:56:14 AM PDT by Fhios (Down with your fascism, up with our fascism.)
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To: Digger

The woman who founded MADD left before it even went down to 0.15.

She saw it as neoprohibition and that was not her goal.


56 posted on 10/18/2017 9:57:02 AM PDT by a fool in paradise (Did Barack Obama denounce Communism and dictatorships when he visited Cuba as a puppet of the State?)
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To: Nifster

People are impaired when at that level.


They may be, but I can tell you with utmost confidence that I coan drive better with .15 than a lot of people where I live who never touch alcohol.

The reason is simple: The qualification for getting a license here is the ability to fog a mirror.

A coordination and reflex test is better. It’s not a “one size fits all” measurement that, truth be told, isn’t that accurate to begin with. Only a blood test gives one’s actual blood alcohol level.


57 posted on 10/18/2017 9:57:28 AM PDT by robroys woman (So you're not confused, I'm male.)
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To: marron
I don’t think I could pass any other kind... stand on one foot and touch the back of your head while singing the Star Spangled Banner

If youre a professional sports player today, you have the option to take the test while kneeling.

Rimshot

58 posted on 10/18/2017 9:57:39 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: robroys woman

You are out of your mind. I don’t ever want to be on the road when you are


59 posted on 10/18/2017 10:01:05 AM PDT by Nifster (I see puppy dogs in the clouds)
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To: 1L

A DUI by itself (I’m not talking about vehicular homicide, for example) is not a criminal offense in my state. I’ll bet it’s not a criminal offense in MOST states. There’s a legal distinction between a violation of a criminal statute and a violation of a motor vehicle code.


60 posted on 10/18/2017 10:02:21 AM PDT by Alberta's Child ("Tell them to stand!" -- President Trump, 9/23/2017)
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