Posted on 12/29/2007 7:41:14 PM PST by Eric Blair 2084
Drunken drivers, consider yourself warned: The cops will be out for blood.
Motorists on Fort Worth roads who refuse to take a breath test after being stopped for suspected drunken driving on New Year's Eve and New Year's Day will have their blood drawn to determine whether they are impaired.
"If you refuse to take that blood test, we are going to ask for a warrant from a magistrate and come back and take your blood," said Fort Worth Police Chief Ralph Mendoza. "Basically, we are going to get our evidence one way or the other."
For the first time, Fort Worth police are launching a DWI No Refusal campaign in an effort to keep drunken drivers off the roads during the holiday.
In a news conference Friday morning, Mendoza, along with officials from the Tarrant County district attorney's office, Dalworthington Gardens, and Mothers Against Drunk Driving warned motorists not to get behind the wheel if they have imbibed.
"If you are stopped by a Fort Worth police officer and you are arrested for DWI, we are going to get a sample," said prosecutor Richard Alpert, who specializes in the prosecution of DWI and intoxication manslaughter cases. "We are going to get the evidence we need in court to prove your guilt. There is no way around it."
Defense attorney Abe Factor who routinely defends those arrested for DWI, said he believes that the campaign is little more than a publicity ploy and that the results will be lackluster, partly because the process will take time and many will score below the legal limit of 0.08.
"To me, it's more sizzle than steak," he said. "It's a good for thing for them to have a press conference over, but the numbers are going to be fairly small. If they stop someone who is really intoxicated, they are going to have them videotaped all over the place anyway."
The idea for the no refusal holiday came from senior prosecutor Lloyd Whelchel of the Tarrant County district attorney's office.
Whelchel recently attended a training seminar and reminded officials that authorities in El Paso and Harris County had similar programs in place.
The campaign will run from 8 p.m. Monday to 5 a.m. Tuesday and from 8 p.m. Tuesday to 5 a.m. Wednesday. If a Fort Worth police officer pulls over a suspected drunken driver who refuses a breath test, the officer will seek a search warrant from a magistrate.
The suspect will then be taken to a room at the Fort Worth Police Department, where at least three officers with Dalworthington Gardens Public Safety Department will be on hand to take their blood.
As I understand it, in most states if you refuse a breath test, and or blood test, then you forfeit your driver’s license- just for the refusal, regardless of whether or not you are drunk. I think that is fair, I think this idea of forced blood tests is unconstitutional.
NJ is always about 3 years ahead of Maryland. I went to college in Maryland but the DPRNJ has them beat hands down.
It was a joke. They get your blood but they don’t use a needle, they do it the old fashioned way. They just smash your head into the pavement if you don’t put the cigarette out.
“Now that you mention it, insurance companies have been doing that.”
I always thought that insurance companies were private companies entering into contracts with individuals.
I had no idea they were part of the gov’t.
</sarcasm>
You posted: Well, normally you are not required to give evidence against your self - right against self incrimination and all that.
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I am pretty sure the Supreme Court has interpreted the constitution on this and related issues (writing samples, hair samples, voice “prints” etc.) and has determined that the taking of them doesn’t violate the 5th amendment. If we considered this in the context of other crimes such as murder or molestation of a child, there would be a lot less argument about taking blood, or even semen samples. Once you are arrested the state is entitled to its evidence. I disagree with those who have posted to the contrary here.
>>>I had no idea they were part of the govt.
Yeah, I remember those days too.
bump
Will you just go along with it and let them stick you with a HIV tainted needle ?The time to "just go along with it" is when they ask you to take the breath test. If you take the breath test, you won't get stuck with a needle.
It's not really that difficult to avoid the needle. Here are the rules:
1. Don't drive drunk (I've been driving for decades and never gotten pulled over, not once)
2. If you get pulled over and they ask you to take a breath test, take a breath test.
I know why the police are doing this, because drunk drivers are repeat offenders and they and their lawyers have figured out a way to beat the system by saying no to the breath test. Well screw them. Lock 'em up. And their lawyers.
It’s “teetotaller”, not “tea totaller”.
Post 125 .
Thanks. I’ll make a not of it and change it.
Oh no, not you again. What are you an attorney or something? :-)
You should be a talking head legal analist (not a misspelling) on cable TV.
“Once you are arrested the state is entitled to it’s evidence”
I hope they do a full body cavity search the next time some cop decides he doesn’t like your face and arrests you for jaywalking when you are in a hurry to make it to your next real estate closing.
I didn’t write the law. I didn’t interpret the law. All I did was report what I understand the law to be. I am not sure how having the cops violate me will help with your argument. But if it makes you feel better, enjoy your fantasy.
The cops would have to show probable cause to get a warrant for a blood test or any other search (except a search for weapons or the passenger area of the car). I don’t think the defendant gets to be heard, but I could be wrong. And I don’t think merely refusing the breathalyzer test creates probable cause for the search, but odor of alcohol in the car, or alcohol in the car, of flunking the field sobriety test (I am not sure I could pass all of those tests if I were stone sober) could create probable cause.
And you billed me $1,120 for that?
LOL!!! Although, why don’t I think you’re joking this time?
You posted: And you billed me $1,120 for that?
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You’d have to be my client for me to bill you. Having read many of your irrational and irritating comments on FR, there is no chance you would ever be my client. Not to worry, though, there are many attorneys who share your personality, or lack of same.
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