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Posted on 03/07/2008 7:04:04 PM PST by elkfersupper
KELSO, Wash. -- When a man who was suspected of drunken driving in Longview refused to give blood and urine samples he was taken to a hospital.
His lawyer says he was held down kicking and screaming for a blood draw. And a tube was inserted into his bladder to withdraw the urine.
He sued Cowlitz County. A settlement was reached Friday in which he was paid $15,000, without authorities admitting they did anything wrong.
The 37-year-old man, Matthew Clifford Arthur, was on probation at the time of the arrest in November and was required to undergo screening for drugs and alcohol. When he refused, his lawyer says he should have been taken to the jail instead of the hospital.
“I could be wrong, but I thought that you have a right to refuse a blood test, but it is just about the same as a guilty plea.”
his lawyer agrees, sort of, claiming the better available option, legally, was not the forced tests but sending his client to jail
Ohh I remember the Foley. After colon surgery. We must have had the same Doctor. Mine had been in for a two weeks tho. Thought I had blocked that memory.
The worst part was when I would walk to the bathroom and forget I had it in. I never went too far. Talk about an immediate U turn.
“I’d be pi$$ed off too if they did this to me.”
Well, if he pissed off, they wouldn’t have had to stick in the tube.
At my local, the sign above the urinal simply states: "Bob does not sell beer, he just rents it".
That says it all. It's Bob's fault.
Mouthdropped..... I’m speechless
I had a cystoscopy done WITH anesthesia and it was the most uncomfortable day of my life. Good luck to you.
Then the solution is simple... If you refuse to comply with the terms of the probation, probation is revoked, and you go to jail. Simple. End of story. But "the state" doesn't force a medical procedure like inserting a catheter, at least it shouldn't in the US. China, the old Soviet Union, sure... But not the US.
Mark
“I didn’t think you could be forced.”
There are some states where it is legal to use force to take blood if you are suspected of being intoxicated.
Pretty damn amazing when you really stop and think about it!
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
Oh please! If they take a drunk to the hospital instead of jail, it’s because they need some kind of medical attention. They have to have blood and urine tests. From the stories I’ve heard from cops, these guys are usually cursing and kicking at the poor docs and nurses.
He probably got what he deserved.
“will pray for your situation.”
Thank you. I believe very strongly in the power of prayer.
Thank you.
I hope they at least get a bandage reading: "This Invasion of Privacy Paid for by Mothers Against Drunk Driving."
Let's see...Miss America 2006 is their spokeswoman, right? If she refuses one of those new see-through-clothing-X-Rays, do the cops get to strip search her?
If I refuse to be fingerprinted, do they get to cut off my fingers?
With implied consent, there's no need for this...and MADD should be ashamed for sponsoring it financially.
FR has become quite the statist haven.
It has been for the last few years, unfortunately.
Same here. These people have been duped into thinking this kind of thing is necessary for “safety”.
Yep.
There are two kinds of them, the power-hungry and the sheep.
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