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'No refusal' initiative to become more common in Harris County
Houston Chronicle ^ | Dec. 22, 2010 | ANITA HASSAN

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: abuseofpower; cultureofcorruption; donutwatch; dui; fifthamendment; harriscounty; houston; hpdcrimelab; neoprohibition; norefusal; papersplease; policestate; revenuetickets; searchandseizure; unconstitutional
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To: SnakeDoctor; Hodar
If probable cause exists, and a warrant is issued, the Constitution is satisfied, and justice is served.

So let's see. If I exercise my 4th and 5th amendment rights to not provide evidence against myself, then that becomes "probable cause." And based on that probable cause, the state can compel me to provide evidence against myself from within my body.

Justice served, circular fascist style!

Seems like with that kind of logic, anything you like can be dispensed with in the Bill of Rights!

21 posted on 12/30/2010 1:20:43 PM PST by sam_paine (X .................................)
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To: henkster

I think we should drug test the mayor, city council, and staff for drugs. Hair samples to be cut this afternoon at 3:15pm.

They are making plenty of other unsound judgements and our lesbian mayor has a history of ignoring state law to do whatever she wanted to (pre-office) anyway.

It’s for the good of the chil’ren.


22 posted on 12/30/2010 1:21:43 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: surfer

Just my personal opinion but as American Citizens we are supposed to have the right to travel about freely within our country. Being stopped at a roadblock for a breath test is BS. If the cops think you are a hazard to the road then they should pull you over. Have you ever seen a drunk driving? They are all over the place they stick out like a sore thumb.

Beyond the roadblock it is unconstitutional to force an American Citizen to a blood test. I don’t care what its in connection with. Under the Constitution we have the right to be “secure” in our persons. No judge can take that away from us.

I find it very unsettling to read postings from people who just say “well stay off the road” What is that supposed to mean? This is supposed to be the land of the free not Russia.


23 posted on 12/30/2010 1:22:10 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: a fool in paradise
Illegals don’t have the thousands of dollars to fund the system and may provide false ID anyway

And apparently there is some new pilot program for first time offenders I've heard it's rather draconian and it costs the defendant a bloody fortune, but if you manage to get through the process they expunge the DWI.

This is pure revenue generator.

24 posted on 12/30/2010 1:22:26 PM PST by RikaStrom (Pray for Obama - Psalm 109:8 "Let his days be few; and let another take his place of leadership.")
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To: henkster

Put some security cameras on the holding cells too just to catch the “few” crooked cops who assault prisoners.

If we are going to get 300 security cameras on the street to be able to follow up on assault calls, there should be a few in the prisons too.


25 posted on 12/30/2010 1:22:50 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: freekitty
It will be a good time if anything to pick up illegals and deport them.

LOL, in Houston? That won't happen, but I totally agree with you, that is should!

26 posted on 12/30/2010 1:23:24 PM PST by RikaStrom (Pray for Obama - Psalm 109:8 "Let his days be few; and let another take his place of leadership.")
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To: RikaStrom

This really is turning in to Nazi Germany.


27 posted on 12/30/2010 1:23:49 PM PST by screaminsunshine (Americanism vs Communism)
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To: humblegunner
Vampires are very popular these days.

Very. What a gaggle of people they are going to have at these stops. And I don't trust breathalizers. Too easy to muck with the calibration.

28 posted on 12/30/2010 1:24:39 PM PST by RikaStrom (Pray for Obama - Psalm 109:8 "Let his days be few; and let another take his place of leadership.")
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To: henkster
If you get the hankering, read "Next" by the late Michael Crichton. In it, is creates a story about Genetic Manipulation, using laws currently on the books - where people are pulled over, and stem cells are harvested from them (against their will) because some company owned a 'patent' on their DNA.

As usual, Mr. Crichton has the last dozen pages of his story referencing laws and cases currently on the books to support his assertions.

If the police can forcibly take my blood - what's next? My heart? Liver? Brain? Bones? Under what pretext? In this case - my blood is being forcibly taken, to testify against me in a court of law.

This is wrong, on so many levels it's scary.

29 posted on 12/30/2010 1:25:10 PM PST by Hodar (Who needs laws .... when this "feels" so right?)
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To: a fool in paradise

Also drug test the Cops and all welfare recipients and all their kids and especially all Politicians.


30 posted on 12/30/2010 1:25:57 PM PST by screaminsunshine (Americanism vs Communism)
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To: Georgia Girl 2
Have you ever seen a drunk driving? They are all over the place they stick out like a sore thumb.

That's IMPAIRED driving. This is criminalizing drinking. The new "standard" they are pushing for (down from present 0.08 and prior 0.15) is 0.03-0.05.

It's about getting "easier" convictions. More revenues. More wins on paper.

The founder of MADD left the organization she began in the 1980s when she saw the way it was heading. She lobbied against them on behalf of brewers and bars in the 1990s.

Utah wants breathalyzer ignitions on all cars, prior charges or not. Hey, we can all take the time to respond to a nagging ignition system wanting a "retest" while we've are driving, right? Rainy roads can wait.

If we are going to take these measures with drinking and driving, we'd better be at least as strict when it comes to cellphone/texting and driving. That causes accidents throughout the day, not just 10pm-6am.

31 posted on 12/30/2010 1:27:34 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: Hodar

Texas was already caught red handed doing studies of illegally collected blood samples from babies in hospital.


32 posted on 12/30/2010 1:28:53 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: RikaStrom
What a gaggle of people they are going to have at these stops.

Too right.

Me, I'm traveling about three miles.

And it ain't exactly Westheimer out here. ;-)

33 posted on 12/30/2010 1:29:00 PM PST by humblegunner (Blogger Overlord)
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To: sam_paine
So let's see. If I exercise my 4th and 5th amendment rights to not provide evidence against myself, then that becomes "probable cause." And based on that probable cause, the state can compel me to provide evidence against myself from within my body.

And don't think you can film the officers in your traffic stop...

34 posted on 12/30/2010 1:30:07 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: jimt
Let’s hear three oinks for this latest “revenue enhancement” venture.

How about reappraising the evaulation of Bill White's home? It went down $1million in evaluation while he was mayor and he claims he didn't even ask them to do it.

Wonder if he filed an amended tax return to get back his "overpayment" on the earlier evaluation?

35 posted on 12/30/2010 1:32:29 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: a fool in paradise
I think we should drug test the mayor, city council, and staff for drugs. Hair samples to be cut this afternoon at 3:15pm.

Houston's Mayor, Anise Parker?

You could get a hair sample from between her teeth but it wouldn't be hers.

I never actually said that...

36 posted on 12/30/2010 1:32:46 PM PST by humblegunner (Blogger Overlord)
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To: sam_paine

No. If you’re stopped and they have reason to think you’re drunk, they have probable cause, and they can ask you to take a sobriety test. If you refuse the test, they can show/explain probable cause to a judge to get a warrant.

The probable cause isn’t the refusal ... the probable cause is what leads to the question that led to the refusal.

SnakeDoc


37 posted on 12/30/2010 1:33:14 PM PST by SnakeDoctor ("They made it evident to every man [...] that human beings are many, but men are few." -- Herodotus)
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To: humblegunner

Hair? That’s just carpet.


38 posted on 12/30/2010 1:33:35 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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To: a fool in paradise
Utah wants breathalyzer ignitions on all cars, prior charges or not.

There's a reason we call them 'U-tards'.

Somehow, the whole idea of "Honey, come over here and blow in this tube, so I can go get some more beer" hasn't crossed what passes for a brain here.

39 posted on 12/30/2010 1:33:51 PM PST by Hodar (Who needs laws .... when this "feels" so right?)
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To: SnakeDoctor

The city cut loose Mayor Bill White’s minor daughter when she was busted after curfew, pulled over on probable cause, asked to submit to a drunk test, refused, and was bonded out all before 8am.

Again Bill White claimed he had no influence in this matter. The case was later dropped when the officer changed his statement. Did he lie in his initial report then?

Nothing but a sham either way.


40 posted on 12/30/2010 1:36:06 PM PST by a fool in paradise (The biggest waste of brainpower is to want to change something that's not changeable. -Albert Brooks)
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