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Brownsville Police Chief: Breath Test Refusals Not an Option for Drivers
KRGV ^ | Mar 28, 2014 | KRGV

Posted on 03/28/2014 5:25:57 PM PDT by moonshinner_09

BROWNSVILLE - Brownsville police announced a new policy effective today. Brownsville Police Chief Orlando Rodriguez said the Driving While Intoxicated - No-Refusal policy allows officers to get a warrant to draw blood from anyone who refuses a Breathalyzer test.

The method is the same used for operations during the holidays. Chief Rodriguez told us a blood test gives prosecutors the evidence they need to secure a conviction.

At a press conference, Rodriguez said, "Our objective is to be able to present stronger case files for prosecution. I think we have the duty to do so and the responsibility and the right to do so under the law... Make no mistake, from now on in Brownsville if you choose to drink and drive, breath test refusals are not an option."

Cameron County District Attorney Luis Saenz said, "The jury has to be convinced without a reasonable doubt. When you have a breath test and we talk about a sobriety test, the defendant can say he's been sick, that he can't stand properly, that he didn't understand and that gives the jury something to consider on the side of finding him not guilty. Whereas if you have a blood test, that's it, once you establish it was properly drawn and properly maintained."

(Excerpt) Read more at krgv.com ...


TOPICS: Local News; Society
KEYWORDS: donutwatch; sobrietytests; texas
Sounds like they want to declare you guilty without first receiving a hearing
1 posted on 03/28/2014 5:25:57 PM PDT by moonshinner_09
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To: moonshinner_09

Police State. That gives them DNA to store in their database, too...


2 posted on 03/28/2014 5:30:41 PM PDT by Antoninus II
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To: moonshinner_09

I don’t have a fundamental issue with a blood test as long as it’s based on REAL probable cause; but a fundamental issue is that LEOs refuse to make an arrest and then dand a doctor take a blood sample against the person’s will, and THAT is called assault.


3 posted on 03/28/2014 5:31:21 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: moonshinner_09

Dand = demand ;-)


4 posted on 03/28/2014 5:32:36 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: moonshinner_09

And to force you to give evidence against yourself.


5 posted on 03/28/2014 5:34:13 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: moonshinner_09
“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If...if...We didn't love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.”

― Aleksandr Solzhenitsyn

6 posted on 03/28/2014 5:34:13 PM PDT by 2ndDivisionVet (I will raise $2M for Sarah Palin's next run, what will you do?)
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To: SampleMan

Wasn’t there a court ruling in Texas recently that allowed them to get a warrant after they collected evidence?


7 posted on 03/28/2014 5:38:04 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: moonshinner_09

I don’t drink, so there’s no probable cause to ask me for a Breathalyzer sample.


8 posted on 03/28/2014 5:38:18 PM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: moonshinner_09

Only if they apply the standard to illegals; no warrant required.

But this appears to be merely a ploy to get more DUI convictions against those of “driving while Caucasian”. Cant turn in conviction rates that discriminate, ya know.


9 posted on 03/28/2014 5:39:10 PM PDT by bakeneko
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To: Jonty30

They aren’t asking.


10 posted on 03/28/2014 5:41:59 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Jonty30
I don’t drink, so there’s no probable cause to ask me for a Breathalyzer sample.

You really think that?

Probable cause to many cops is "because I say so"

11 posted on 03/28/2014 5:45:00 PM PDT by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: moonshinner_09

12 posted on 03/28/2014 5:46:14 PM PDT by EEGator
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To: SampleMan
I don’t have a fundamental issue with a blood test as long as it’s based on REAL probable cause

I've seen the way police "justify" their "probable cause" in the courtroom setting.

I'm proud to say the only thing we the jury let the police get that day was "practice."

13 posted on 03/28/2014 5:50:59 PM PDT by papertyger (if disdain of homosexual behavior is "bigotry," is it any wonder hostility to Islam is "racism?")
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To: Popman

Can a citizen who suspects a cop is crooked get a confession by burning then from the feet first and on up till the confession comes?


14 posted on 03/28/2014 5:52:59 PM PDT by MtnClimber (Just doing laps around the sun and shaking my head that progressives can believe what they do!)
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To: moonshinner_09

Somebody needs 5th amendment lessons...


15 posted on 03/28/2014 5:56:19 PM PDT by Walkingfeather
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To: moonshinner_09

“Make no mistake, from now on in Brownsville if you choose to drink and drive, breath test refusals are not an option.”

Unless... you are a cop,lawyer, judge, or other member of the protected ruling class.


16 posted on 03/28/2014 5:56:25 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: SampleMan

Addendum:

Unfortunately, we could not save the defendant’s, a small business owner, CDL, as his refusal of a breathalyzer test automatically revoked his license.


17 posted on 03/28/2014 5:57:53 PM PDT by papertyger (if disdain of homosexual behavior is "bigotry," is it any wonder hostility to Islam is "racism?")
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To: moonshinner_09
We may as well update the maps and move the line that delineates Texas from Mexico to just north of Brownsville. As Miss Kay says......she gone.
18 posted on 03/28/2014 6:01:53 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: papertyger

I would think self defense could be applied in any police stop since assault can reasonably be expected.


19 posted on 03/28/2014 6:03:58 PM PDT by MtnClimber (Just doing laps around the sun and shaking my head that progressives can believe what they do!)
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To: moonshinner_09

I once had a cop stop me and ask me to take a Breathalyzer. I said no. He said “Then we will do a blood test.” I said “OK”. I’m still cleaning that suckers blood out of my clothes years later.


20 posted on 03/28/2014 6:08:08 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: MtnClimber

CDL= Commercial Drivers Licence

Basically, his means of supporting himself.


21 posted on 03/28/2014 6:15:10 PM PDT by papertyger (if disdain of homosexual behavior is "bigotry," is it any wonder hostility to Islam is "racism?")
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To: Starstruck
"I once had a cop stop me and ask me to take a Breathalyzer. I said no. He said “Then we will do a blood test.” I said “OK”. I’m still cleaning that suckers blood out of my clothes years later."

That will happen. For some people with needle phobia, an officer trying to draw blood will elicit a violent response.

22 posted on 03/28/2014 6:20:30 PM PDT by Truth29
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To: Truth29
For some people with needle phobia, an officer trying to draw blood will elicit a violent response.

Yes. My pediatrician is still trying to find his nads.

23 posted on 03/28/2014 6:25:26 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Antoninus II
That gives them DNA to store in their database, too...

Ding, Ding, Ding....we have a winner!!

24 posted on 03/28/2014 6:40:10 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Starstruck

Yes, anyone trying to stick a needle in me is surely getting “bang flopped”.


25 posted on 03/28/2014 6:55:17 PM PDT by MtnClimber (Just doing laps around the sun and shaking my head that progressives can believe what they do!)
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To: moonshinner_09

breathalizer test is on the spot....The blood test, however, is long after the arrest, and one could argue that he wasn’t drunk at the time of arrest, but the delay in taking the blood sample, allowed the alcohol that he had consumed 2 minutes before the arrest to affect the readings...


26 posted on 03/28/2014 7:16:49 PM PDT by terycarl (common sense prevails over all else)
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To: Antoninus II

It only applies to gringos aka those with US id, such as a drivers license or US passport. Non resident aliens are free to go on their merry drunken way, plus it will be a violation of the law to ask for photo identification of non-residents. /S


27 posted on 03/28/2014 7:33:57 PM PDT by 9422WMR (: " Tolerance is the virtue of a man who has no convictions".)
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To: 9422WMR

You might be off on this.
Local law enforcement along the border get no help from the feds.
Mexicans drive drunk as a sport.
It is the feds that don’t prosecute illegals.
The locals are trying to protect their own.
I have seen this in Laredo.
The illegals have no fear from the feds or the State of Texas, but they are scared to death of the Laredo cops.


28 posted on 03/28/2014 7:44:37 PM PDT by Texas resident (The democrat party is now the CPUSA)
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To: moonshinner_09
My cousin was an officer in the CHP.

His mantra was: Never, ever convict yourself on the side of the road. ALWAYS refuse the breath test and refuse to consent to a blood test.

Make them get a warrant.

Yes, there's a penalty to the driving privilege but it is minor compared to DUI.

In CA DUI carries severe penalties, most of which are not criminal.

29 posted on 03/28/2014 8:15:19 PM PDT by Mariner (War Criminal #18)
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To: moonshinner_09

Police states work real well for the jackboots.


30 posted on 03/28/2014 11:34:19 PM PDT by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: Texas resident

“You might be off on this.
Local law enforcement along the border get no help from the feds.
Mexicans drive drunk as a sport.
It is the feds that don’t prosecute illegals.
The locals are trying to protect their own.
I have seen this in Laredo.
The illegals have no fear from the feds or the State of Texas, but they are scared to death of the Laredo cops.”

I’m up in the FW area, and the local police pretty much ignore the illegals, (sanctuary city as it is) but if you are OTI, (other than illegal) they are all over you for any and every traffic violation. Drunk driving as a sport, yep all over TX the illegals are driving drunk. Shooting each other in local bars that would not be out of place in Guadalajara, has brought the authentic Mexican flavor to Tejas!/S


31 posted on 03/29/2014 12:42:13 AM PDT by 9422WMR (: " Tolerance is the virtue of a man who has no convictions".)
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To: moonshinner_09

They’ve been doing this in Indiana for some time now.


32 posted on 03/29/2014 3:03:08 AM PDT by circlecity
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To: 9422WMR

Agree. Houston cops just look the other way on illegals.
But us non illegals had better watch our step dontchaknow.


33 posted on 03/29/2014 3:34:33 AM PDT by Texas resident (The democrat party is now the CPUSA)
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