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Fort Worth police won't take 'no' for an answer
Fort Worth Star Telegram ^ | December 29, 2007 | MELODY McDONALD

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.


TOPICS: News/Current Events; US: Texas
KEYWORDS: alcohol; donutwatch; dwi; nannystate
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To: buccaneer81

(which will happen after you blow into a rigged breathalyzer.)

That’s scary because I believe it happens because of a corrupt cop. On any given day.....


141 posted on 12/29/2007 9:45:24 PM PST by jwh_Denver (Scrooge, my kind of guy.)
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To: Eric Blair 2084

Imagine the following case. A hemophiliac that has not been drinking is stopped at a checkpoint and told to take a breathalyzer test. After refusal, the officer arrests the driver and takes him to the center for processing. During the process, the driver is cut or starts bleeding from the punctured blood vessel. The driver loses a lot of blood and possibly his life as no police personnel have any idea why he is bleeding so much. Liability, anyone? Lots of liability?


142 posted on 12/29/2007 9:45:39 PM PST by 17th Miss Regt
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To: Calpernia

If hillary socialized health care gets in, look for all sorts of mandated checks.


143 posted on 12/29/2007 9:47:17 PM PST by valkyry1
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To: mylife

Texas may be wrong on smoking to a degree. I was trying to have a conversation with my bartender and he told me that by law he can’t smoke in the bar.

He had to go outside. I’m not sure if it was a state or local law or just an overbearing boss at the Hotel. I talked to the overbearing boss at the Hotel but she couldn’t clarify.


144 posted on 12/29/2007 9:49:40 PM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: 17th Miss Regt

Like I said, social engineering is tough. The liberals like it until their trial lawyer constituency is let loose on them. What comes around goes around. They will sit around and ask the age old question “Who let the dogs out?”


145 posted on 12/29/2007 9:52:05 PM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: Neu Pragmatist

Nothing new here in Michigan. It’s the law. I assumed it was like that in all the states.


146 posted on 12/29/2007 9:53:33 PM PST by gigster
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To: Eric Blair 2084
I was trying to have a conversation with my bartender and he told me that by law he can’t smoke in the bar.

This is rich. A town I live about ten miles from passed a public smoking ban. Part of the ban was that to smoke, you had to go outside and be so many feet from the entrance to wherever you're at.

So, after the ban went into effect, the city cops went through town and arrested everyone standing outside bars smoking for public intoxication.

I should also note that in the past 5 years the population of this city has dropped by 1/3 because no one wants to live in it.
147 posted on 12/29/2007 9:56:33 PM PST by JamesP81 ("I am against "zero tolerance" policies. It is a crutch for idiots." --FReeper Tenacious 1)
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To: Calpernia

Ma’am we have to have a long talk. You sound like my mother in law. She smokes cigarettes but has a problem with every other vice known to man. Including me leaving my dirty underwear in the bathroom after giving the kids a shower in her bathroom.

The point is you can’t get a little bit pregnant. You are either for Gubmint socially engineering and legislating vices (including yours) away or you are not.


148 posted on 12/29/2007 9:58:38 PM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: JamesP81

Why am I not surprised? We’re all going to Hell in a handbasket.

I’m not an Ayn Rand devotee but damn if she wasn’t right half a century ago. Atlas Shrugged. Government has no power over law abiding citizens, they only have power over criminals. Just make everything illegal and Gubmint owns you.


149 posted on 12/29/2007 10:02:32 PM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: dragnet2
Yes, but one would presume that most pilots, bus/taxi drivers or truck drivers would not get behind the joystick or wheel while suffering obvious heart attack symptoms such as crushing chest pain, pain radiating down the left side/arm with nausea/vomiting and weakness, nor would one assume that the pilot or driver would deliberately bring on a condition that would render him so patently unfit for flying or driving.

Drunk driving, on the other hand, can and does kill a lot of people. I remember several years ago when a drunk behind a wheel killed an entire family on their way to their daughter's graduation in my then hometown.

Now, I'll be the first to admit that I'm not a legal scholar insofar as the Fifth Amendment goes. However, I would hazard a guess that in the majority of cases the cop stopping you is not so corrupt that he'd deliberately rig a breathalyzer test. If you agree to the breathalyzer and it is rigged, you can call a lawyer and have that lawyer have you give a blood sample. You can then have that blood sample independently analyzed and, when the sample comes back indicating that you haven't had a drink since the Truman administration, you can sue the police department for every nickel of their budget. In fact, I'd strongly recommend that you do so.

150 posted on 12/29/2007 10:11:35 PM PST by PalestrinaGal0317 (Gentlemen cry peace, peace, but there is no peace! The war is actually begun!)
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To: MarkL

“...it will mean an automatic 1 year drivers license suspension.”

I may be wrong but I think this is pretty standard. Here in Washington State it is a 6 mo. suspension. It is not a presumption of guilt, but a requirement of being issued a driver’s license that you will submit to a breath test when asked. Driving is a privilege, not a right.
I do not agree with being physically forced to have blood drawn. That could be extremely dangerous (for cop as well as driver).


151 posted on 12/29/2007 10:36:44 PM PST by beelzepug ("Smith & Wesson - don't leave home without it.")
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To: PalestrinaGal0317
Yes, but one would presume that most pilots, bus/taxi drivers or truck drivers would not get behind the joystick or wheel while suffering obvious heart attack symptoms such as crushing chest pain, pain radiating down the left side/arm with nausea/vomiting and weakness

Huh?

What if the heart attack occurred while driving or flying? Would that not be a potential killer for others?

152 posted on 12/29/2007 10:40:49 PM PST by dragnet2
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To: PalestrinaGal0317
If you agree to the breathalyzer and it is rigged, you can call a lawyer and have that lawyer have you give a blood sample.

How fast do you think you can get a lawyer to do that?
A blood test would be useless in a short while.
153 posted on 12/29/2007 10:45:31 PM PST by FreedomOfExpression (Dime: a dollar with all the taxes taken out.)
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To: The Magical Mischief Tour

D D A M M: Drunk Drivers Against Mad Mothers....


154 posted on 12/29/2007 11:16:20 PM PST by OnRightOnLeftCoast (Not to be confused with similar-name pirate RightOnLeftCoast)
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To: Inyo-Mono
at least we don’t Draconian measures like this going on here!

Wait until it starts generating a revenue stream and see what Ahnold does.

155 posted on 12/29/2007 11:38:00 PM PST by Sarajevo (You're just jealous because the voices only talk to me.)
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To: Calpernia
Is this really a bad thing?

I would say, yes. Aside from being a violation of the 5th Amendment, considering all the bad bugs that are out there, hepatitis, AIDS, etc., I don't want some high school hall monitor reject with an attitude and a badge touching me with a needle, especially by force. I don't drink, so what happens when they make a mistake, jab me with a dirty needle and I get Hepatitis? Who pays for the treatment, lost wages, etc.?

In Tennessee, if you are suspected of DUI and refuse a Breathalyzer or blood test, you automatically loose your license for 1 year, unless you can prove in court that you were not impaired at the time. I don't know about Texas law regarding this, but loss of license for 1 year seems adequate to me.

I seriously doubt this law will stand up if someone takes it all the way to the SCOTUS.....and probably not the Texas SC....

156 posted on 12/30/2007 3:53:04 AM PST by Thermalseeker (Debates? Those weren't no stinkin' debates!)
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To: Starwolf
They would have to move fast. Too many problems with this.

157 posted on 12/30/2007 6:09:39 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Neu Pragmatist
I wonder if they would do it to illegals ?

Or Officials? I'd like to see all of them take a random blood test! Weed out the whole lot of them.!

158 posted on 12/30/2007 6:39:36 AM PST by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: Eric Blair 2084

When did probable cause become a non-issue in this country? I missed the headline that day.


159 posted on 12/30/2007 6:42:51 AM PST by DaGman
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To: Eric Blair 2084

I came here to listen. Hence my questions I posted. If I don’t understand something, I ask :)

And it sounds like your mother in law is a wonderful person. I would come at you too for leaving that dirty underwear around!

/tease


160 posted on 12/30/2007 6:47:01 AM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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