Skip to comments.'No refusal' initiative to become more common in Harris County
Posted on 12/30/2010 12:49:32 PM PST by RikaStrom
Harris County law enforcement agencies will again crack down on drunken drivers during Christmas and New Year's, but the expanded operations no will longer be limited to holiday weekends.
The "no refusal" initiative a countywide program that expedites search warrants for blood samples from drunken driving suspects who refuse breath tests now will be in effect every weekend for the next three years due in large part to a grant recently issued by the Texas Department of Transportation to the Harris County District Attorney's Office. The initiative, which also includes funds from the District Attorney's Office, will total about $750,000.
(Excerpt) Read more at chron.com ...
Ping to another one.
Head’s up. I didn’t see this one anywhere.
It will be a good time if anything to pick up illegals and deport them.
Has Harris County fixed the problems in their corruption evidence labs yet?
Has Harris County fixed the problems in their corrupt evidence labs yet?
Here’s the Tampa thread link....
Vampires are very popular these days.
They are more likely to cut bait when they pull over someone they suspect may be in the country illegally.
Of course they are. This is a revenue enhancement venture, nothing more. Illegals aren’t even on their radar.
This is the 2nd or third year they have been doing this, it works.
New Years Eve is for rookies anyway. Stay home and there will not be a problem.
Except if you have gas (burp) from drinking some beer, it can boost your readings. And the machines must be calibrated. Even if you blow below 0.08, it does not prohibit them from charging you anyway. And now they want to be able to prosecute 0.05 and below with another charge. Procedural crimes over "impairment". But it all brings in more money for insurance companies, lawyers, politicians, and county fines.
This just isn’t a good idea. It is un-American...PERIOD.
They need to have lawyers on hand to represent people.
Illegals don’t have the thousands of dollars to fund the system and may provide false ID anyway.
Let’s hear three oinks for this latest “revenue enhancement” venture. They lost the red light camera money so they had to do something !
Of course, they’ll not do something useful, like catch illegals for deportation. Or lack of driver’s licenses. Or lack of insurance. Or the pitiful condition of the junkpile the illegal is piloting.
This is a good program.
This is not the same as the Tampa initiative. Tampa has “checkpoints” ... which sounds like a blanket stop-and-check with or without probable cause.
As I understand it, Harris County gets a “no refusal” warrant after a sobriety-test refusal on a probable-cause initiated traffic stop. They don’t do tests on every stop or at a checkpoint ... they do tests when probable cause exists.
If probable cause exists, and a warrant is issued, the Constitution is satisfied, and justice is served.
They’ve been doing this in my Indiana county for several years on ALL chemical test refusal cases. It has many down sides for the defendant:
1. You are still going to jail if you refuse
2. First you will go to the hospital where they will draw your blood
3. Your case will be filed and the Bureau of Motor Vehicles will immediately suspend your license for one year
4. The state still gets the evidence necessary to convict you, and might even find some other things in your blood, like drugs or controlled substances, that would not show up on a breath test
5. Because of the backlog at the Department of Toxicology, an agency run by the 3 Stooges, the State will continue the case for 8 months until they get the test results
6. You will get convicted of the Operating While Intoxicated charge, and then there is an additional license suspension (minimum 1st offense 90 days) which has to get tacked on top of the one year refusal suspension.
Good advice: Don’t refuse the test unless this is your 3rd OWI.
Best advice: Don’t drink and drive.
Sorry, I disagree with this entire approach.
This body is MINE - I am not property of any state, country or munciple district. I, and I alone will decide if someone is going to TAKE my body, and only with permission.
The way the law USED to read, was that if pulled over for Drunk driving, if the driver refused to cooperate - he forfeited his driving priviledge for a period of 1 year. This was more harsh than the Drunk Driving charge he was pulled over for. An automatic plea of guilt would be assumed - so you were legally better off by cooperating with a Blood Alcohol reading of your choice.
If the Police can stop me, arbitarily - and then take my blood - arbitrarily -then I am not a person; but property of a state or goverment.
Funny, they CANNOT do this to accused rapists to determine whether the rape victim has been exposed to AIDS or any other sexually transmitted disease.
For all practical purposes, an accused child molester or murderer has more constitutional rights than a defendant in a drunk driving case.
Of course, the accused child molester or murderer has a lot more to lose.
The State of Nevada has had this on the law books for over 15 years. Something called, implied consent.