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Texas Police Will Take Blood By Force in DUI Cases
Ft. Worth Star Telegram via TheNewspaper.com ^ | 9/14/05 | Ft. Worth Star Telegram Staff

Posted on 09/14/2005 3:42:43 PM PDT by elkfersupper

Dalworthington Gardens, Texas police will draw the blood of drunk driving suspects.

After completing a training course, Dalworthington Gardens police officers have been certified to draw blood from any motorist whom they suspect of driving under the influence of alcohol. The small North Texas city joins three counties -- Montague, Archer and Clay -- which have recently adopted similar policies.

These jurisdictions are seeking to make drunk driving convictions less vulnerable to court challenge as mounting evidence shows breathalyzer machines can be inaccurate. Under the new policy, a suspect will be brought to a police station and asked in a videotaped interrogation to submit voluntarily to a blood test. If the request is refused, police will call one of the judges who have agreed to remain on-call to obtain a warrant. If approved, police will draw the blood, by force if necessary. Anyone who refuses a blood test, even if not convicted or formally accused of a crime, will surrender his license to drive on the spot and will not see it again for at least six months.

"It's kind of eerie," Frank Colosi, an attorney who works with the Fort Worth chapter of the American Civil Liberties Union told the Ft. Worth Star-Telegram. "It's kind of grotesque that the government can come and take your blood."

Section 724.017 of the Texas code requires that, "Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer....'qualified technician' does not include emergency medical services personnel." Dalworthington Gardens believes their twenty-hour course meets this standard.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Texas
KEYWORDS: alcohol; billofrights; constitutionlist; donutwatch; dui; dumbideas; dwi; fascism; govwatch; jackbootedthugs; leo; madd; scotus; vampires; wodlist
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To: Protagoras
Can you force these thugs to take your blood to prove your innocent?

Well, just ask them to take another sample for you to have independently analyzed and see what happens.

"Aluminum shampoo".

201 posted on 09/15/2005 5:45:03 PM PDT by elkfersupper
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To: CSM
What, no ping for me? ;-)

Sorry, I got behind on replies and then had power failure, then had to go sleep, work, etc.

All that definitely cuts into my FReep time.

202 posted on 09/15/2005 5:46:30 PM PDT by elkfersupper
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To: elkfersupper

The sad reason this is occuring is because attorneys are getting legitimate DUIs overturned on the lame premis that the breathalizer machine operators will not release their 'source code'. So thousands of drunkards are getting off scott free...not learning their lesson...and more likely to kill innocent people. If this is the only way they can get around that loop hole Im all for it. Oh yeah by the way...i have got a DUI before (it was reduced to reckless driving) for driving .08. If I had not got that I probably would have kept on being an idiot that would go to a bar and drive home drunk. Nothing like being locked up for a nite to set your priorties straight.


203 posted on 09/15/2005 5:48:05 PM PDT by Boogieman69
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To: goldstategop
You do NOT have a right to refuse a test to see if you are drunk or drugged. A drivers license is usually granted on the condition you consent to administrative testing of your condition if you are arrested in the course of a DUI. If you're too stupid to understand you will be tested and you willfully refuse the test - you will lose your drivers' license.

And it amazes me; the number of people on this forum, who don't have a problem with that.

204 posted on 09/15/2005 5:49:06 PM PDT by elkfersupper
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To: elkfersupper

What would Texas do about someone like U.S. Senator Ted Chappaquiddick Kennedy (Drunk-MA), who left the scene of Mary Jo Kopechne's death and hid in a hotel room until the next day?


205 posted on 09/15/2005 5:53:16 PM PDT by foofoopowder
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To: elkfersupper

Self-inflicted nosebleeds are the most likely source...;-)


206 posted on 09/15/2005 5:59:06 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: CSM
I have stated many times on FR that the loony left and righteous right are equally dangerous to our freedoms. Both want to use government guns to enforce their preferred morality and both feel emotionally satisfied when successful

I agree entirely.

Your post was spot on

Thanks. Thinking about the issues brought up in this thread inspired me to get a brand new tagline.

207 posted on 09/15/2005 6:37:01 PM PDT by A Jovial Cad ("It has been my experience that folks who have no vices have very few virtues." -Abraham Lincoln)
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To: JeffAtlanta
Those are the two most dangerous groups - both are totally at war with the constitution and liberty

I didn't used to think so, as far as the "fundamentalists" went anyway, but repeated alliances between those two disparate groups on policies meant to deprive the rest of us of freedom and the right to be "left alone" over the past few years have convinced me that you're absolutely right. Maybe I just wasn't paying attention before, or had a "no enemies on the right" attitude.

No more: my long-held contempt for the politically correct left is almost matched by my growing disdain for their neo-puritan allies in the ranks of the fundamentalist "vice crusaders".

208 posted on 09/15/2005 6:45:58 PM PDT by A Jovial Cad ("It has been my experience that folks who have no vices have very few virtues." -Abraham Lincoln)
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To: elkfersupper
Compelling?

ROTFLMAO!!!!!

Let's look again at your link

Case#1-"Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience."
[As I said, anyone can travel as a passenger. An operator must be certified.]

Case#'s2,3,&4-Again they all speak of a right to travel. Nothing stated in any of them about a right to operate a motor vehicle

Then that link cites a whole bunch of cases, on a diverse number of topics in order to try and make a basket of apples into an orange. Yes, there is a right to travel freely as a passenger. However that is not the same as being an operator of a motor vehicle. As I have pointed out above(more than once), it takes training and certification of ability to operate a motor vehicle on public roads. Private property is another story, but on public roads certification is required.

As an aside, I did enjoy the ads on that link. Expecially the one where Killer Whales talk to us . . .

(Bong- Koo-Koo! Koo-Koo! Koo-Koo!)

209 posted on 09/15/2005 7:06:15 PM PDT by Petruchio ( ... .--. .- -.-- / .- -. -.. / -. . ..- - . .-. / .. .-.. .-.. . --. .- .-.. / .- .-.. .. . -. ...)
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To: the gillman@blacklagoon.com

I agree. There are already stories of people who were 'tasered' who died, and people (usually with weight) who died of cardiac arrest after physical confrontations with law enforcement.


210 posted on 09/15/2005 7:24:01 PM PDT by ZOTnot ('We're going to take things away from you on behalf of the common good'--Hillary, 6/28/2004.)
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To: Boogieman69
This nonsense you are spouting about so many people getting off on DWI's is nothing but that, nonsense. I'm in court all the time and I've tried more DWI's than I can count and have watched many more DWI trials than I've tried. Almost everyone is convicted. It is the rare bird who gets out of a DWI. People are often convicted on scant evidence, nothing measuring up to that generally required in most other types of criminal cases. The tables have turned on those who would drink or use any other intoxicants to the point where solid proof of intoxication appears to be no longer required. In most cases mere evidence of use of an intoxicant coupled with any meager evidence that might hint at possible intoxication will satisfy a judge. The pendulum has swung too far.
211 posted on 09/15/2005 8:14:30 PM PDT by TKDietz
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To: Boogieman69

And what is this about source code? The bottom line is that those tests are not 100% accurate. If someone registers .08% on the test they may actually only have blood alcohol content of .07% or .06% or lower, and one person with that blood alcohol content may be fine to drive while another might be fairly impaired. With the "per se" laws we have now though, no proof of impairment is necessary. With zero proof of impairment most judges will convict with a test result of .08%, and all someone accused of driving while impaired can do then is spend the big bucks and take his case to a jury trial and hope the jury doesn't convict and give him a lot more time than the judge would give him. In the rare instance where a defendant has enough money he may very well try to hire a good expert to challenge the validity of the test. But he's not looking for a loophole, he's looking to level the playing field between him and the man with a badge with instant credibility in the eyes of the trier of fact. Breathalyzers are not nearly the solid evidence they would lead you to believe that they are, otherwise the cops referred to in the article that is the subject of this thread would not be looking to hold people down and extract their blood against their will.


212 posted on 09/15/2005 8:35:36 PM PDT by TKDietz
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To: elkfersupper

You know(or not) I work in LE. I've done a few DUI arrests over the years and investigated more than enough DUI fatality accidents and have no patience for drunk drivers or convicted repeat offenders but I try to keep it all in perspective. This is crap. The legal process already provides for suspension of licenses for refusal of BAC tests. Surprisingly, for those who can afford jury trials even if they refused to give a breath sample, the jurys have been on the ball in my experience. Unless they've killed or injured someone forget about the blood draw, especially by LE. I sure as heck ain't gonna poke a needle into someone. Make it miserable for the convicted not the accused.


213 posted on 09/15/2005 9:22:06 PM PDT by Horatio Gates
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To: Horatio Gates
As someone who works in LE, please give your view on elkfersupper's claim that Driving A Right, Not A Privilege and his link in post #56
214 posted on 09/15/2005 11:00:41 PM PDT by Petruchio ( ... .--. .- -.-- / .- -. -.. / -. . ..- - . .-. / .. .-.. .-.. . --. .- .-.. / .- .-.. .. . -. ...)
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To: Petruchio
Can't help but notice that you skip over challenging someone whom would make mincemeat of your silly arguments in short order, like myself, with due delicate concern.

Not surprised. Intellectual cowards always operate thus--and you certainly are such a specimen.

215 posted on 09/16/2005 2:10:23 AM PDT by A Jovial Cad ("It has been my experience that folks who have no vices have very few virtues." -Abraham Lincoln)
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To: Horatio Gates

A few years ago some doofus rammed his van into the back of my motorcycle, resulting in the tail of my motorcycle impaled in his radiator and me tossed onto the road and taken to the hospital. The cop didn't even bother to give the guy a TICKET, much less a test for whether he was stoned on something. There has got to be some reasonable answer to investigating injury or fatality accidents.


216 posted on 09/16/2005 2:17:10 AM PDT by HiTech RedNeck (No wonder the Southern Baptist Church threw Greer out: Only one god per church! [Ann Coulter])
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To: johnb838

Or, spit?


217 posted on 09/16/2005 2:20:36 AM PDT by HiTech RedNeck (No wonder the Southern Baptist Church threw Greer out: Only one god per church! [Ann Coulter])
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To: NCLaw441

After about 2:00 am , (I have heard) the overwhelming majority of drivers are intoxicated.


218 posted on 09/16/2005 6:59:57 AM PDT by MeanWestTexan (A good friend helps you move. A great friend helps you move a body.)
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To: NCLaw441

Take the total population of drivers, divide them into subsets of drunks and non drunks and compare the accident rates.

I bet drunks have fewer accidents percentagewise than sober drivers.


219 posted on 09/16/2005 8:36:56 AM PDT by swarthyguy
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To: swarthyguy

You said: I bet drunks have fewer accidents percentagewise than sober drivers.
***

That's an interesting hypothesis. Why do you think that might be true?


220 posted on 09/16/2005 8:45:35 AM PDT by NCLaw441
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