Posted on 12/28/2007 7:07:11 PM PST by elkfersupper
More Texas jurisdictions are turning to forced blood draws to convict those suspected of DUI.
Jurisdictions within Texas are expanding programs where police use force to draw blood from motorists accused of driving under the influence of alcohol (DUI). Last week, El Paso announced it had joined Harris and Wilson Counties in a "no refusal" program specifically designed to streamline the blood drawing process.
It works as follows. An accused motorist is arrested and taken downtown. While being videotaped, he will be asked to submit to a breathalyzer test with officers specifically avoiding any mention that blood will be taken by force if the often inaccurate breathalyzer test is refused.
During key holiday weekends, a pre-assigned judge who agreed to wait by the phone will approve search warrants created from pre-written templates -- often within just thirty minutes. With warrant in hand, a nurse whose salary is often paid by Mothers Against Drunk Drivers (MADD) will draw blood while police officers exert the required level of force. In some cases, this use of force can cause permanent damage. Montague, Archer and Clay counties have similar programs except that these departments do away with the nurse and have police officers perform the blood draw themselves, despite a state law banning the practice (view law).
Two of the twelve motorists subjected to the first blood draws in Harris County on Memorial Day weekend this year were later found to have blood alcohol levels below the .08 limit. The program will return on New Year's Eve.
I repeat.........HAVEN'T BEEN DRUNK SINCE 1969.
If I don't recognize my state's authority to issue a driver license, and don't need the same, there is no need to read their stupid-a$$ exam, is there?
Tell us your jurisdiction and your hours of operation so we can avoid you.
You can’t compel a person to testify against themselves. It’s as simple as that. Drunk driving is bad, but not worse than a police state.
You (among many millions of other people in this country), have not been paying attention.
I don’t drink and drive, can you say the same?
Yes, and you are exhibiting stalking behavior.
Knock it off.
I tend to agree, but it’s not “simple as that”.
I guess it was a long time ago. The State will always go first and then when they rest it’s time for the defense to put on their defense if they want to put on a defense. It may be that your trial took so long because there were all sorts of little hearings before and even midway through the trial. I don’t know.
It’s not important. I was just curious. I know criminal trials can be a lot longer in some states than they are in mine. I’m always wondering what the heck goes on in these marathon trials to make them last so long.
“any other lawyer” means judges, and prosecutors as well. I arrested the major in charge of our internal affairs unit for DUI. He was convicted.
I never caught a judge or prosecutor DUI though I did write a state supreme court judge for speeding, and one prosecutor. Never caught a member of the defense bar doing anything wrong.
Any cop that “follow them home” is a fool. Any cop that believes prosecutors are their pals are stupid. They will prosecute a cop to the maximum extent, and rightfully so.
The sentence is in the past tense, so you can relax, shyster.
It’s sad when someones bad boy image is threatened by a 67 year old granny.
Things must just be a lot different in my area than they are in yours. Around here a cop will almost never ticket or arrest another cop, nor will they mess with judges or prosecutors either, not for small stuff anyway. Obviously things might very well be different for serious crimes, but for the small stuff these people all protect one another.
California has now designated all drivers in California as having the ability to judge any driver as a drunk driver. Yep.
Electronic signs all over the state declare in bright lights this:
So drivers in California now have the amazing ability to judge who is and isn't driving drunk. Amazing.REPORT DRUNK DRIVERS CALL 911
I swear I'm gonna git me some yellow and some black tape and close the top of the "H" with black and cover up the right leg of that "H" with yellow on a whole bunch of them Critical Mess Cal-Trans signs!!!
Sorry I changed the subject, but I been thinkin of this for over a year and you just reminded me and I just HAD to do it!!!
HOPPY NEW YEEEEEEEEEEEEAAAAAAAAAAAAAAAARRRRRRRRRR!!!
We had our share of problem children, but overall, my agency was clean. Most of the defense attys were good folks that played it straight as long as you were straight with them, and didn’t make chippy arrests or write BS reports. Most of the prosecutors(deputies actually)were new out of law school and as a result, were woefully inept. Some of the judges were good, some terrible.
Prosecutors, when caught, always trotted out the “We are on the same team” crap. That didn’t fly with me, and I made sure that it didn’t fly with my subordinates, later on.
Its .01. Actually I think the law is .08 now.
A person would be dead if they had .1 (10%) BAC.
The way I understand it, the FEDS threatened to take matching federal highway funds if the states didn’t get in line with the federal law.
So, if you ever wonder why each state still has its on immigration situation, it’s because the Feds haven’t made the states come around. But no one can say that the Feds cant make it happen if they wanted to.
“Its .01. Actually I think the law is .08 now.”
Do you even look at what you post?
.10 used to be the minimum limit for DUI. It was lowered to .08.
1.0 must be what you are writing about.
New Mexico, too. #DWI.
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