Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Texas Police Will Take Blood By Force in DUI Cases
Ft. Worth Star Telegram via TheNewspaper.com ^ | 9/14/05 | Ft. Worth Star Telegram Staff

Posted on 09/14/2005 3:42:43 PM PDT by elkfersupper

Dalworthington Gardens, Texas police will draw the blood of drunk driving suspects.

After completing a training course, Dalworthington Gardens police officers have been certified to draw blood from any motorist whom they suspect of driving under the influence of alcohol. The small North Texas city joins three counties -- Montague, Archer and Clay -- which have recently adopted similar policies.

These jurisdictions are seeking to make drunk driving convictions less vulnerable to court challenge as mounting evidence shows breathalyzer machines can be inaccurate. Under the new policy, a suspect will be brought to a police station and asked in a videotaped interrogation to submit voluntarily to a blood test. If the request is refused, police will call one of the judges who have agreed to remain on-call to obtain a warrant. If approved, police will draw the blood, by force if necessary. Anyone who refuses a blood test, even if not convicted or formally accused of a crime, will surrender his license to drive on the spot and will not see it again for at least six months.

"It's kind of eerie," Frank Colosi, an attorney who works with the Fort Worth chapter of the American Civil Liberties Union told the Ft. Worth Star-Telegram. "It's kind of grotesque that the government can come and take your blood."

Section 724.017 of the Texas code requires that, "Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer....'qualified technician' does not include emergency medical services personnel." Dalworthington Gardens believes their twenty-hour course meets this standard.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Texas
KEYWORDS: alcohol; billofrights; constitutionlist; donutwatch; dui; dumbideas; dwi; fascism; govwatch; jackbootedthugs; leo; madd; scotus; vampires; wodlist
Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-237 last
To: HiTech RedNeck
I don't know where this happened but if absolutely nothing was done about this it seems odd if not outright shoddy police work by someone who does the absolute minimum. At least collision report should have been completed and you should be advised where the initial investigation is heading. Sometimes there is an option for the prosecutor to decide if there is enough to charge on. How bad were you hurt and were there obvious signs of intoxication regarding doofus?

There are situations where I wouldn't issue tickets only because the incident was criminal in nature either for vehicular assault or homicide. As an example if you had broken some bones or other significant injury, Doofus would be getting a blood draw if it appeared alcohol or reckless deiving was a factor. In your case, not being there, I've issued many a negligent driving citation for rear enders. I hope you're doing okay. I've been slammed into like that twice and it hurt like hell. And I was in a car, once in my patrol car!

221 posted on 09/16/2005 8:46:10 AM PDT by Horatio Gates
[ Post Reply | Private Reply | To 216 | View Replies]

To: NCLaw441

Take the total population of drivers, divide them into subsets of drunks and non drunks and compare the accident rates.


222 posted on 09/16/2005 8:50:30 AM PDT by swarthyguy
[ Post Reply | Private Reply | To 220 | View Replies]

To: swarthyguy

Why do you "think" the rates are less for drunk drivers than sober ones? Have you done the research/calculations? Not trying to be a smarta$$ here, just wondering. It seems counterintuitive that drivers who are impaired have less accidents than those who are not, but I could certainly be wrong. I was just wondering if you knew that to be the case, or just thought so.


223 posted on 09/16/2005 8:56:28 AM PDT by NCLaw441
[ Post Reply | Private Reply | To 222 | View Replies]

To: NCLaw441

>>Have you done the research/calculations? Not trying to be a smarta$$ here, just wondering

No, I haven't.

Just looking at the number of drivers who are drunk, say at 2pm of Friday night after the clubs close and go home.

For a bunch of "unguided missiles", as they were characterised by a state trooper, amazingly few crack up.

That's why. Just a little tongue in cheek, four sheets to the wind humor.


224 posted on 09/16/2005 9:02:13 AM PDT by swarthyguy
[ Post Reply | Private Reply | To 223 | View Replies]

To: elkfersupper

"Aluminum shampoo".


?


225 posted on 09/16/2005 10:17:00 AM PDT by Protagoras (My liberal neighbor is more dangerous to my freedom than Osama Bin Laden.)
[ Post Reply | Private Reply | To 201 | View Replies]

To: Protagoras
"Aluminum shampoo"?

A little cop lingo there.

Those Magnalite multi-cell flashlights are made of aluminum. So are some batons.

An "aluminum shampoo" is what happens when the same is applied to the head area of a perp or suspect. Also known as "stick work", "tuneup", "attitude adjustment", and dozens of other clever euphemisms

226 posted on 09/16/2005 3:46:50 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 225 | View Replies]

To: Petruchio
Nothing stated in any of them about a right to operate a motor vehicle

Single-celled organisms will fight captivity. Human beings, the highest form of life on this planet, will vehemently insist that they be enslaved. Never content with their own enslavement, some will fight to the death to insure that the rest of humanity join them in their servitude.

This should keep you busy for awhile thinking up alternative methods to make us all go sit in your box. Numerous references to the right to operate a motor vehicle.

If you're happy and you know it, shake your chains.

Privilege VS. Right

"Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads" - Justice Tolman of the Supreme Court of the State of Washington

14 constitutional , state and local statute citations, 33 case histories and 20-page brief here:

Brief on Traveling as a "Right," Not a Government-Granted Privilege

another brief here

I guess you would have sat in the school bus lot in New Orleans, surrounded by refugees because you nobody had a "license" to drive a school bus.

227 posted on 09/16/2005 4:03:47 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 209 | View Replies]

To: Horatio Gates
Make it miserable for the convicted not the accused.

I agree. However the definition of "guilty" has been dialed down so much that it includes the accused (and very nearly everyone else who attracts the attention of LEO).

228 posted on 09/16/2005 4:14:00 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 213 | View Replies]

To: psychoknk

Yes, I was charged with DUI when I had an epileptic seizure once. That was the first one I ever had. Was *very* lucky to not have it on my record. The second wreck they took me to the hospital and I got diagnosed.

When I was at court, I heard a lawyer in front of me talking about trying to charge someone with DUI over taking too much Ibuprofin.


229 posted on 09/16/2005 4:24:55 PM PDT by Lauretij2
[ Post Reply | Private Reply | To 91 | View Replies]

To: Lauretij2
Diabetes and the Counterfeit DUI

How to Raise Your Blood-Alcohol with Rolaids

Driving a New Car? Don’t take a Breath Test!

Asthma Inhalers Cause High Breathalyzer Results

Driving Under the Influence of....Paint?

Many more such things at the linked site.

230 posted on 09/16/2005 4:53:46 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 229 | View Replies]

To: elkfersupper

I lost a job opportunity with the DUI, since they counted it as guilty first. So I put I hadn't been convicted on a job application, it came back that I had a DUI, lost a great opportunity that sent my life into a long term tailspin.

I'm lucky I didn't get convicted though.. It would've screwed me out of my CHL.


231 posted on 09/16/2005 5:00:26 PM PDT by Lauretij2
[ Post Reply | Private Reply | To 230 | View Replies]

To: Lauretij2
I lost a job opportunity with the DUI, since they counted it as guilty first.

Up to 2 million stories a year now just like yours (only with the conviction).

People cannot know how to comply with the law, there are no victims for the most part, and there is no defense.

You see, the real, dangerous "drunks" can't pay the fines, so they may or may not be prosecuted.

Everybody else? Well........

232 posted on 09/16/2005 5:05:12 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 231 | View Replies]

To: elkfersupper

So, which are you? The Single-celled organism or the slave?


233 posted on 09/16/2005 5:11:22 PM PDT by Petruchio ( ... .--. .- -.-- / .- -. -.. / -. . ..- - . .-. / .. .-.. .-.. . --. .- .-.. / .- .-.. .. . -. ...)
[ Post Reply | Private Reply | To 227 | View Replies]

To: johnb838

Why not ban sugar soft drinks? They cause massive ill-health and early death by contributing to obesity.

I'm sure we can think of lots of other things to ban, since we're in do-gooder mode.


234 posted on 09/16/2005 5:16:13 PM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Petruchio
So, which are you? The Single-celled organism or the slave?

Neither.

235 posted on 09/16/2005 5:17:43 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 233 | View Replies]

To: elkfersupper

I drink too, but don't drive.

Funny thing, the cops won't let you see what your blood test results are until trial, if you're lucky.


236 posted on 09/16/2005 5:29:25 PM PDT by Lauretij2
[ Post Reply | Private Reply | To 232 | View Replies]

To: elkfersupper

Now I get it. Also called thugspeak.


237 posted on 09/19/2005 6:37:24 AM PDT by Protagoras (My liberal neighbor is more dangerous to my freedom than Osama Bin Laden.)
[ Post Reply | Private Reply | To 226 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220221-237 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson