Texags Rehashed = Forced DUI Blood Draws...

894 Views | 32 Replies | Last: 17 yr ago by Whitesnake
Comeby!
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...in numerous counties right now.



3 Dollar Bill
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taxi for me tonight
jetch17
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the taskforces in houston are supposed to be pretty high right now.

glad im not driving tonight.
aggie_wes
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The Cranium Ag
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Charles Barkley got it last night in Phoenix
Comeby!
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http://www.dui1.com/Dui_Lawyers_Driving16.htm

They can use tasers and batons.....
jetch17
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dont kick and scream or you may get tased, bro.
Comeby!
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http://www.dallascriminaldefenselawyerblog.com/2008/07/texas_dwi_blood_draw_warrants.html
3 Dollar Bill
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i would kick and scream until they beat the shjt out of me so i would have a better case
nai06
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question dont you agree to take a sobriety test when you get your DL?
Xenu
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quote:
Yes. This practice has been upheld by the Texas Court of Criminal Appeals in Beeman v. State, 86 SW3d 613 (Tex. Crim. App 2002). It is perfectly legal and as any 1st year law student knows the right against self incrimination deals with statements and not the collection of physical evidence. In fact the involuntary drawing of blood even without a search warrant was upheld by the Supreme Court of the United States in Schmerber v. California, 384 US 757 (1966)


jetch17
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sounds like thers no way around it.

theres no need for a sobriety test when a blood sample will tell them straight up whether youre over the limit or not.
TexasRebel
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sounds like a good way to spread disease

can't wait until they get hold of a few hemophiliacs, and some infected blood...
Javelina
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Genius, be sure to let them know that you're HIV positive as they go in with the needle. Be sure to start wriggling as you do it.
Lobster Twins
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"kicking and screaming" may = additional charges
3 Dollar Bill
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i believe i was kidding, lobsy
Lobster Twins
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TeLeFaWx impeached.
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Tell them you are a Jehovah's Witness. They can't take your blood.
Comeby!
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There's an idea...
Oldfart2
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I thought it was a choice of breathalizer or blood. Not a forced blood "donation".
EMY92
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If you refuse the breathalizer, they get the warrant for blood.
Oldfart2
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So it's still basically a choice.
PigInABlanket
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quote:
Tell them you are a Jehovah's Witness. They can't take your blood.
Legal Fail
3 Dollar Bill
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Court: Religious Objection Won't Stop DNA Sampling

http://www.click2houston.com/news/18390398/detail.html#-
double aught
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MADD
straw
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Jehovahs witnesses won't accept blood products. You can take it out.
BRP
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I'm a reverse Jehovahs witness.
$30,000 Millionaire
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I got pulled over a few weeks ago when I had not been drinking. I had trouble setting the cruise control on my new car. The exchange with the officer was like this:

30K: Can I help you?

Officer: Sir, do you know why I pulled you over?

30K: No

Officer: Sir, you were driving erratically, and we are strictly enforcing DUI cases this season. Would you please give me your license and insurance?

30K: Here

Officer: Have you been drinking?

30K: No

Officer: Sir, would you please step out of the car?

30K: Ok

Officer: Sir, I am going to administer a field sobriety test. Will you submit to this?

30K: No, I will not

Officer: Sir, If you refuse, I will need to ask you to submit to a breathalyzer test.

30K: I will not submit to a breathalyzer, but I'm willing to submit to a blood test at a healthcare facility of my choosing. Let's go over to the Baylor over there and I'll give you a blood sample.

Officer: Sir, the breathalyzer can determine your sobriety.

30K: Officer, with all due respect, the breathalyzer machines are known to be inaccurate. I have already agreed to a blood test, let's go.

Officer: Sir, I have the right to take you into custody and obtain a warrant to determine your sobriety.

30K: am I under arrest, then?

Officer: Hold on, sir

--Officer goes to his cruiser for 3-4 minutes and comes back. I presume he wanted to see if I had warrants or a rap sheet--

Officer: Why were you driving erractically?

30K: I just bought this car and I was trying to set the cruise control.

Officer: I have determined through our conversation that you are not impaired, you are free to go.

30K: Thanks for continuing to serve and protect!

BurnetAggie99
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What gets me is that when they take your blood they are also storing your DNA by making a scan of your DNA profile and keeping it in a database. Thats not right.
$30,000 Millionaire
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I think the cops resort to borderline illegal tactics. They basically try to entrap the common joe.
Comeby!
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did that really happen and how far were you from baylor.
Whitesnake
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quote:
They basically try to entrap the common joe.


Like tailgating you in a merging lane only to pull you over and accuse you of "swerving?" Yeah, swerving to avoid getting hit by you ya *****. Mere 20 minutes later I was free to go.

Imagine - driving after dark w/o being drunk.
bigfoot10s
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got pulled over once for following too closely. I was driving behind a suburban and we came over a hill to see a highway patrol coming our way, the guy in front of me slammed his breaks, thus making me follow too closely. Told him that, he let me go, and the other car had to get out of the car to talk to him.


As for the sobriety tests, just dont drink and drive. I dont see whats so hard about that.
$30,000 Millionaire
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Yes, it did. We were probably 2 miles from Baylor. I hadn't had anything to drink, but I wasn't going to be party to some subjective touch your nose test. I would have kept asking if I was under arrest if I was not let free.
Whitesnake
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I respect cops and I've never gotten a DWI, but sometimes it's just frustrating to get hassled when you've done nothing wrong but drive through a "suspicious area" that happens to be half a mile from my house.
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