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To: elkfersupper
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 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.

16 posted on 03/11/2009 7:30:00 PM PDT by Darren McCarty (Obama = Jimmy Carter II)
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To: Darren McCarty

I don’t know Florida statute, but if there is probably cause, the suspects are screwed on Federal Case law.
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I don’t know about drawing blood but if you’re asked to do a field sobriety test ALWAYS refuse , you can only leave yourself open to abuse at the hands of a cop to whom any misstep is a sign that you’re drunk ,, no difference at all from refusing to answer questions that “seem” harmless at the time... no good can come of it.

Also if you are diabetic be aware that diabetics metabolize differently than the rest of us and their breath contains elevated levels of acetone and benzene (yes , paint remover chemicals) , many , many breathalyzers read diabetics breath as containing alcohol when you may have had nothing to drink.


28 posted on 03/11/2009 9:18:16 PM PDT by Neidermeyer
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