Posted on 12/16/2013 8:56:37 AM PST by moonshinner_09
Troopers all across Texas are going after drunk drivers this holiday season.
The Texas Department of Public Safety (DPS) is aiming to lower the amount of drunk drivers across the state by increasing the amount of troopers, working overtime, and enforcing stricter rules.
No refusals are among the stricter rules being enforced, meaning if an officer believes you are drunk and asks you to take a blood test you will most likely have to still take one.
If you say no, the officer will get a warrant from a judge immediately to get your blood specimen.
Saying no to a breathalyzer will also prompt authorities to get a warrant for a blood test.
"For example if you are a 0.05 you can still get arrested if the officer believes that you have lost physical and mental capacity to safely operate a motor vehicle," Trooper Maria Hernandez said.
Anything over a 0.08 blood alcohol concentration is deemed too dangerous for a driver to be behind the wheel.
Another rule is if they catch you intoxicated while driving with children under 15-years-old, you will get a $10,000 fine, two years in state jail and your license will be suspended.
This is the first time DPS is teaming up with police, fire departments and emergency medical services (EMS) to decrease the amount of drunk driving related accidents.
(Excerpt) Read more at valleycentral.com ...
I'm no expert in the law, but when they order you to step out of the car, you don't have to comply?
And since Trooper Maria Hernandez isn't' physically able to protect herself in brawl with a male, she'll call for male backup, and or just beat you, shoot you or tase you, strap you to a table, and forcible take your blood with a syringe and needle, to see if you've had a beer or glass of wine.
Don't mess with Texas...government
0.15% BAC driving is dangerous by any standard.
I was responding to your statement that you would have to “prove your innocence,” which is done in a court of law. Of course there is opportunity for abuse by police. That’s why there are also laws against official misconduct. And they are quite a bit more serious than drunk driving.
“Only open your window enough to get your license and registration through.”
Officer, I’m sorry I can only open my window this much. I’ve recently been exposed to tuberculosis and have been told I’m contagious, for your safety please stay back from my window....
Here is my license and registration.
Cough, spit, cough......
“I’m no expert in the law, but when they order you to step out of the car, you don’t have to comply?”
No, you don’t have to without a reason.
If you believe they have no probable cause to force you to get out it should be your choice.
If they come to your door with no warrant you don’t have to let them in or go outside. If you do it was your choice.
Absolutely...
And since Trooper Maria Hernandez isn't' physically able to protect herself in brawl with a male, she'll call for male backup, and or just beat you, shoot you or tase you, strap you to a table, and forcible take your blood with a syringe and needle, to see if you've had a beer or glass of wine.
For revenue and total control purposes, wait till government expands this Nazi like behavior towards the elderly to see if they had prescription drugs in their systems..
The elderly will make real easy targets...and most of them have more assets to seize.
It's coming, bet the rent...
That’s the idea!
If you can afford a "good" one.......
If you say no, the officer will get a warrant from a judge immediately to get your blood specimen.
Saying no to a breathalyzer will also prompt authorities to get a warrant for a blood test. have no rig
And this is what they would need to do. I do not drink but I can assure you that to test me the Police WILL need a warrant. I believe in the Constitution at all times......
“You cant prosecute me for something I refuse to give. “
Read the fine print on your DL.
Just do what I do every December: Go stone cold and don’t drink a drop.
Fk them and their pulling me over. I get pulled over once or twice every Decemberfor various contrived offenses such as going into the median twice, left of center, drifting and even got pulled over twice for something called “surging”.
Once got pulled over minutes after buying a brand new car. CHP said his partner saw me dip into the median and cross left of center.
I laughed and “Really? Because you guys only came up on me from the highway and I’ve been sitting here at this light when you came behind me”.
“You’re challenging the word of my partner?” He curtly responded.
“Well, I’m saying if you want to contrive a reason for pulling me over by all means start writing tickets but, if your purpose is to use the contrivance for a DUI then get on with that too. I’m sure the car dealer I just spent the last four hours with and his employees will be all too happy to share how we made this deal sitting around and drinking”. P
“Oh? So you just bought this car?” He fakely asked “Why so late in the evening to huy a car?”
I laughed and popped back “I have no control over when these jokers will finally conclude a deal. You ever buy a car and stand around all day waiting for a salesman to stop playing games?”
He laughed and said he could relate and his partner had just had a hell of a time buying a car. Then asked if there was anything they coucould help me with.
“Why sure!” I happily responded “Your partner could help me figure out how to use this Sirius radio.
That jerkoff actually came to my car and tried to help direct me.
They admitted they didn’t know how to get Sirius working, congratulated me on my new car, wished me luck on the radio and to have a good night.
Putz’s
I never drink in December unless I am stuck at a hotel and even then I hold way back.
Never know why a cop will initiate contact with you.
Yes, what an idiotic statement. Apparently Beagle thinks that you don't have to comply with any lawful order of a police office who had legally stopped you.
Just tell them you are a Dreamer and are here illegally. They’ll smile and send you on your way.
“For revenue and total control purposes, wait till government expands this Nazi like behavior towards the elderly to see if they had prescription drugs in their systems. The elderly will make real easy targets...and most of them have more assets to seize.”
Rather than this public safety BS, when they pull you over for some “offense” they should just come to your window and say “Sir, I think you may be driving impaired for which I can arrest you based on my own judgement. That could take several hours and result in a police record, OR you could just make a contribution to the State Dept of Revenue. Now if you would like to give me a credit card I can quickly get you on your way”
“Yes, what an idiotic statement. Apparently Beagle thinks that you don’t have to comply with any lawful order of a police office who had legally stopped you.”
What makes it a lawful order? Take your time...
Yep. Happened to a guy I know last week. He has a second job as a cook at a local tavern. The local cop, who cruses through the parking lot saw his car parked there for hours and pulled him over when his shift was over and then told him he smelled booze on his breath. He had him do all the stupid human tricks and then gave him the breathalizer test.
His reading was 0.00. The guy doesn't drink at all. Hasn't had a drop of booze in over 40 years.
Probable cause? That's a joke.
They then wave goodbye to the illegal, and haul ass after Joe tax payer citizen who has a legitimate address and legit ID...This is all done becasue the courts know where to send the collection bills and know where to serve warrants and know where to seize their stuff.
They also know joe tax payer citizen will show up in court to pay..
Florida DL states “Operations of a motor vehicle constitutes content to any sobriety test required by law.” It doesn’t state, “Law enforcement may take your blood for any reason it deems it has the right to.”
My issue isn’t with the search, it’s the method. They don’t have a right to just assume you’re intoxicated and have a judge issue a warrant without just cause. Mens rea does not constitute immediate guilt just because someone had a couple of beers, and a judge cannot (SHOULD NOT) issue a warrant on probable cause if it doesn’t exist. Sadly, that’s what’s happening to our legal system.
I STILL have the right to revoke consent. The byline states that it CONSTITUTES consent, it does not demand it. Consent, as with any legal contract, can be revoked at any time, it just means I can no longer drive as a licensed individual.
Again, you can’t tell me that I am denied the right to refuse a sobriety test. That’s about as totalitarian as it gets.
No, it doesn't. No, it isn't. No, there isn't.
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