Posted on 12/29/2007 7:41:14 PM PST by Eric Blair 2084
Drunken drivers, consider yourself warned: The cops will be out for blood.
Motorists on Fort Worth roads who refuse to take a breath test after being stopped for suspected drunken driving on New Year's Eve and New Year's Day will have their blood drawn to determine whether they are impaired.
"If you refuse to take that blood test, we are going to ask for a warrant from a magistrate and come back and take your blood," said Fort Worth Police Chief Ralph Mendoza. "Basically, we are going to get our evidence one way or the other."
For the first time, Fort Worth police are launching a DWI No Refusal campaign in an effort to keep drunken drivers off the roads during the holiday.
In a news conference Friday morning, Mendoza, along with officials from the Tarrant County district attorney's office, Dalworthington Gardens, and Mothers Against Drunk Driving warned motorists not to get behind the wheel if they have imbibed.
"If you are stopped by a Fort Worth police officer and you are arrested for DWI, we are going to get a sample," said prosecutor Richard Alpert, who specializes in the prosecution of DWI and intoxication manslaughter cases. "We are going to get the evidence we need in court to prove your guilt. There is no way around it."
Defense attorney Abe Factor who routinely defends those arrested for DWI, said he believes that the campaign is little more than a publicity ploy and that the results will be lackluster, partly because the process will take time and many will score below the legal limit of 0.08.
"To me, it's more sizzle than steak," he said. "It's a good for thing for them to have a press conference over, but the numbers are going to be fairly small. If they stop someone who is really intoxicated, they are going to have them videotaped all over the place anyway."
The idea for the no refusal holiday came from senior prosecutor Lloyd Whelchel of the Tarrant County district attorney's office.
Whelchel recently attended a training seminar and reminded officials that authorities in El Paso and Harris County had similar programs in place.
The campaign will run from 8 p.m. Monday to 5 a.m. Tuesday and from 8 p.m. Tuesday to 5 a.m. Wednesday. If a Fort Worth police officer pulls over a suspected drunken driver who refuses a breath test, the officer will seek a search warrant from a magistrate.
The suspect will then be taken to a room at the Fort Worth Police Department, where at least three officers with Dalworthington Gardens Public Safety Department will be on hand to take their blood.
You’re right, but there is a simple and constitutional solution to this problem. If the refusal of the driver to submit to a blood alcohol test compromises investigations, there is a simple solution. It’s otherwise known as night court.
Arrest the driver on suspicion, an absolutely legal reason. If he refuses the test, bring him before the judge, who can issue the warrant for the search. The odor associated with the consumption of alcohol is not protected under the fifth amendment. If you stink like a drunk, you stink like a drunk.
The judge issues a warrant and your blood is drawn. This could be done in minutes, except that it goes against the grain and it makes judges work night hours they would rather not do.
So to hell with the constitution.
I totally agree.
(Sidenet sitting on the pot) “just doing my bit for FFFFreeedom..ahh” L0L
“Insanity . I wonder if MADD is behind this ?”
Yes. In a similar article last night, it said MADD even funds the nurses that will collect the blood sample. It wasn’t about Tarrant County, though.
Gargle with Listerine, or other alcohol laden mouthwash and take a breathalyzer test up to 30 minutes later...you'll light it up like a Christmas tree. In those cases, you'd virtually have to have your blood drawn to prove you weren't over the legal limit.
Shut up and get in the boxcar.
presumed guilt? fancy that
Give the authoritahs a stool sample and you will get the Abner Louima treatment. You will obey. Stretch out your arm and welcome the needle of Gubmint in your vein. You will learn to love Big Brother.
Given your tagline I’ll take that as a humorous remark.
Everything I say is humorous. Some people just don’t get the joke until they are behind bars.
“Why would someone refuse a breathalyser?”
I do. I had a cop stop me just because I decided not to make a left turn and stay in my lane after signaling.
The article said no such thing. It said:
Fort Worth Police Chief Ralph Mendoza. "Basically, we are going to get our evidence one way or the other."
I read it as, "If we think you might be drunk, we will pull you over, and worthiness of our initial determination be damned, we will take your blood."
Color me (extremely) mildly amused.
Good. You’re only one step from laughing to keep from crying.
You try and fight it, and they'll beat you to a pulp and charge you with resisting.
Thanks for the ping!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.