Posted on 03/11/2009 6:59:36 PM PDT by elkfersupper
Surrounded by flashing red and blue lights, the man in red leather sandals lifted one foot off the ground and waited as the deputy kept time. Then, finding that the man had failed the sobriety test, the deputy pulled the man's hands behind his back and shackled them. The man stood in a strip mall parking lot where he pulled over after an undercover deputy noticed him swerving in and out of his lane on Military Trail and he struck the median, said Sheriff's Cpl. Scott Yoder, who assisted with the arrest. The undercover deputy charged the driver with cocaine possession. Then a deputy made the DUI arrest. It was a moment repeated often Friday night, the first of a two-night countywide crackdown on drunken driving that involved more than 100 law enforcement officers. Twenty-six people were arrested Friday night on DUI charges, according to Capt. William Kenny, head of the Palm Beach County Sheriff's Office traffic division. At least four refused to submit to a blood test, the latest tool officials planned to employ against drunken driving. The Sheriff's Office, working closely with the State Attorney's Office, sparked controversy when it decided to seek a judge-approved search warrant to take blood from anyone who appeared drunk and refused a breath test. Opponents argue that forced blood tests violate Florida statute. But State Attorney Michael McAuliffe said other Florida counties upheld the techniques and the uproar was "much ado about nothing." "I am not sure what the controversy is," McAuliffe told officers before the patrol.
(Excerpt) Read more at sun-sentinel.com ...
If they get to the point of wanting to take blood, you’re going to jail period. Found that one out several years ago.
They couldn’t get me on a breathalyzer or a field sobriety test so they arrested me and took me to the hospital and then to jail.
LOL!
I couldn’t care less about the so called “rights” of drunks driving.
But if it saves the life of one child, it’s worth it!!!
What about the rights of sober drivers?
Its about all our rights.
The experts and the law seem to differ and change from day-to-day.
I couldn’t care less about the so called “rights” of drunks driving.
Forced blood tests? Hell...that crap don’t fly even up here in the Massachusetts Gulag.
They aren’t “forced” here but you’ll go to jail if you refuse. LOL
And then?
Now, in most jurisdictions that condone this travesty, they at lease give lip service to the warrant process and MIGHT arrange for a qualified phlebotomist.
I wouldn't be surprised if they start sucking it out of the gutter after the execution soon.
I don't know Florida statute, but if there is probably cause, the suspects are screwed on Federal Case law.
With so many refusals, the warrants did not appear effective, said Miami-based DUI attorney Michael Cohen, who argued that under Florida statute, it was illegal to force someone to comply with a blood test unless an accident caused serious injury or death. "I thought the whole point of the warrant was they could strap them down and take it against their will, just like they do with serious bodily injury," Cohen said. "It seems like this failed for them."
Maybe they have a shot there. If's that Florida law, it seems cut and dry, but even with my defense leanings, I take a defense attorney's word for what it's worth - a guy whose job is to stand up for his clients.
It’s nice when you can make them look like fools.
In my case I went to court 4 different times for arraignment and the prosecutor always had to tell the judge the evidence hadn’t arrived from the hospital. Finally on the 5th date the prosecutor wrote a number down on a piece of paper anb said that it was my BAC and if I plead guilty it would go easy on me. I said “OK I’m ready to enter a plea” and plead not guilty which put the prosecutor on the spot. He could either charge me without any evidence or move for dismissal. LOL I better never cross him again.
You should.
I don't DUI, don't condone it, and those who are convicted of it should not be on the road for a long time.
That aside, everyone should have the right to a fair trial, and our constitutional rights (search and seizure) are very important and have been eroded heavily since the days of the Terry stop.
I’m not eager at all to be on the road with a bunch of drunks careening around. These people have a right to be secure in their persons, though. Forced blood tests have more than just a whiff of totalitarianism about them. Get them off the road in some other, more Constitutional and less intrusive manner, please.
And if it saves the life of one illigal alien, it’s worth it, never mind his status.
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