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akarunway

Laws in general> DUI in particular

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I don't care to have you twisting my words around so you can make some kind of 'point'. Whatever that may be. Have a nice day!:)

Chuck





Bahahahahahaha, this is fucking laughable - I post a piece of case law FROM YOUR VERY STATE WHERE YOUR WIFE IS A COP, and all you can say is that I'm twisting your words.

ISSUE: Can cops in some states forcibly draw blood?

YOU: No

ME: Yes

CASE LAW SUPPORTING ME: http://caselaw.lp.findlaw.com/.../107901a&invol=1

TWISTING: Not Present

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Not in any way condoning drunk driving, but why should someone who is not impaired but has BAC >.08 be a problem to anyone.



For the same reason we don't have speed limits set based on each individuals ability to handle a vehicle. Fraught with peril; there would be exploitation of loopholes before the ink dried, and it would be an administrative nightmare.



That's the logical approach, but more likely some fine, fine insurance corporation called in a marker to get the limit lowered for these reasons:

1) Fewer drunk drivers = less claims

2) Lower limits = more drunk driving arrests = higher premiums

So you see, it's fascism = corporations writing the laws.

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That's like the cops saying they kicked down the door of a house w/o a warrant, but they found contraband, hence a good search. The 4th is supposed to exterminate, "ends justifies the means" practices.
________________________________

Wrong answer!
If, the cops kick in a door without a warrant and find 'contraband' or dope or guns, whatever without a warrant... it's no good. Police reports are turned-over to DA investigators who go through the report... no warrant... no case. It gets thrown-out! If, it does get to court, the judge will throw it out.


Chuck

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I don't care to have you twisting my words around so you can make some kind of 'point'. Whatever that may be. Have a nice day!:)

Chuck





Bahahahahahaha, this is fucking laughable - I post a piece of case law FROM YOUR VERY STATE WHERE YOUR WIFE IS A COP, and all you can say is that I'm twisting your words.

ISSUE: Can cops in some states forcibly draw blood?

YOU: No

ME: Yes

CASE LAW SUPPORTING ME: http://caselaw.lp.findlaw.com/.../107901a&invol=1

TWISTING: Not Present


_________________________________

I went back and re-read what I wrote. Where did I ever say that blood could not be 'forcibly' taken?
Agreed, you quoted case law. Re-read all of the posts. You take things and turn them around to suit your 'cause'... whatever that may be. All i see is a total dis-liking for cops in general.


Chuck

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Chuck, you realize, don't you, that you're letting him jerk you around. Don't bother feeding the dawg.


___________________________

Thanks, Man! I appreciate the 'wake-up'. I should know better than to let some agitator get to me.
Thanks, again.


Chuck

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I never said it was typical . . .



You implied it:

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You lose your ass. They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you. Of course they wake the judge to get their telephonic warrant to searcha nd seize your body for evidence.




. . =(_8^(1)

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That's like the cops saying they kicked down the door of a house w/o a warrant, but they found contraband, hence a good search. The 4th is supposed to exterminate, "ends justifies the means" practices.
________________________________

Wrong answer!
If, the cops kick in a door without a warrant and find 'contraband' or dope or guns, whatever without a warrant... it's no good. Police reports are turned-over to DA investigators who go through the report... no warrant... no case. It gets thrown-out! If, it does get to court, the judge will throw it out.


Chuck




My statement was in response to you including that a defendant who had his blood forcibly drawn, ended up being twice the limit. I was merely pointing out that the ultimate finding is irrelevant, the process is what is being weighed. My example above is that whatever is found after an illegal search is supposedly tossed. The end result of findings isn’t supposed to matter…. I think we all know the real-world case.

As for your little explanation, you have described the, “Fruits of the poisonous tree doctrine.” Along with the exclusionary rule, the defendant’s attorney would beat all these guys to the punch to getting it pitched. As for the prosecutor throwing it, hardly. They usually wait to see what the defendant does, if they acquiesce then it’s all good.

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I went back and re-read what I wrote. Where did I ever say that blood could not be 'forcibly' taken?



In this reply that you just erased, along with 2 other posts on page 2:

Let me ask you this; Have you ever, personally experienced such actions by 4 or 5 'fine officers' or judge or witnessed such actions by law enforcement or are you just trying to stir-up some shit?

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Agreed, you quoted case law. Re-read all of the posts. You take things and turn them around to suit your 'cause'... whatever that may be. All i see is a total dis-liking for cops in general.



What did I turn around or skew? I made a point, you disagreed, I posted several sites including a piece of case law and now you refuse to admit you were wrong.:P

This is even sweeter, I asked:

Now, Lawrocket, tell the nice people what the cops do if you refuse to submit to a BAC blood or breath test.

Rookie replied:

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I'm not LAW, but I do believe you automaticlly lose you license.



(not incorrect, but not complete)

Kelp wrote:

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In CA, yes. Other states may vary, though I imagine most are the same.



(not incorrect, but not complete)

Andy (the former attny) wrote:

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By the way, in most states, if a defendant refuses a BAC test (aside from the fact that that will get his license suspended and or result in a separate charge for that), the fact of the refusal will be admitted into evidence at trial, so the judge/jury will understand why they're not being presented with BAC evidence.



(not incorrect, but not complete)

Then I wrote:

You lose your ass. They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you. Of course they wake the judge to get their telephonic warrant to searcha nd seize your body for evidence. It used to, "Shock the conscious" of the SCOTUS, but not now.

Andy the former lawyer wrote:

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Very funny.
Of course, they don't do that.



OH, LOOK WHAT I JUST DISCOVERED, MASERRIG JUST DELETED 3 POSTS ON PAGE 2 OF THIS THREAD!!!!!! I’M ABOUT TO FALL OUT OF MY FUCKING CHAIR LAUGHING!!!!!!!!!!!! BAHAHAHAHAHAHAHAHA, FUCKING BAHA.

Oh well, we can’t accuse you of revisionism.

________________________________________________________

What you wrote is saved in my reply:

Let me ask you this; Have you ever, personally experienced such actions by 4 or 5 'fine officers' or judge or witnessed such actions by law enforcement or are you just trying to stir-up some shit?

This is not you saying that you disagree with me that this isn’t practiced? Paaaleeeesssseee.

Then you wrote:

You haven't established a thing. A few generalities, inciteful rhetoric, some quotes...

If you didn’t disagree, then why would we have the dispute over establishment?

Thanks for the laughs:D:D:D

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I never said it was typical . . .



You implied it:

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You lose your ass. They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you. Of course they wake the judge to get their telephonic warrant to searcha nd seize your body for evidence.



Truth is that they can do what they want. If I find a case where a person with no priors had this done, will you concede?

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Truth is that they can do what they want. If I find a case where a person with no priors had this done, will you concede?



How would a case demonstrating that this was done prove it as "typical"?

Not arguing with the anguish that this was EVER done, or is legal anywhere. [:/]


. . =(_8^(1)

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You lose your ass. They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you. Of course they wake the judge to get their telephonic warrant to searcha nd seize your body for evidence.



Truth is that they can do what they want. If I find a case where a person with no priors had this done, will you concede?




Let's clarify your statement

They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you.

When this was written, I see pictures of Rodney King getting kicked and beaten.

Though later you define that statement as ~ the cops will take you to a hospital and have an MD draw blood. (I don't see any slamming to the ground in your clarification)

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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That's the logical approach, but more likely some fine, fine insurance corporation called in a marker to get the limit lowered for these reasons:

1) Fewer drunk drivers = less claims

2) Lower limits = more drunk driving arrests = higher premiums



3) fewer impaired drivers = less dead people?

The impairment to reflex time and thinking skills is very demonstable even at .08. It is the lack of a critcal event that lets these 'less drunk' people get home without incident.

I don't believe the insurance companies have been effective as MADD in these matters. The companies have managed to set things up so they can surcharge for 10 years after a conviction.

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You implied this would be typical police response, but your one cite involves a repeat offender at triple (IOW, fucking obvious PC) the limit?



As for triple the limit, that isn't discovered until after the blood draw, so that's immaterial. That's like the cops saying they kicked down the door of a house w/o a warrant, but they found contraband, hence a good search. The 4th is supposed to exterminate, "ends justifies the means" practices.



No, it's nothing like kicking down a random door to find drugs inside. A person with a BAC at .25 is obviously drunk (or fucking drunk or passed out). They are easy to identify in a crowd of sober people.

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Truth is that they can do what they want. If I find a case where a person with no priors had this done, will you concede?



How would a case demonstrating that this was done prove it as "typical"?

Not arguing with the anguish that this was EVER done, or is legal anywhere. [:/]



"typical" was your word, not mine. I just wrote that it happens. Soif only 1 girls gets raped, it's not a big deal? The point behind innocent until proven guilty is trashed by using priors to determine the degree of Constitutional rights a person should have.

So with your logic if the cops are following a car and the cops run the plate and discover the owner hashad a prior speeding ticket, they should then be able to pull you over since you match the description given by dispatch.

Your trashing of the presumption of innocense won't be admired by me.

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You lose your ass. They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you. Of course they wake the judge to get their telephonic warrant to searcha nd seize your body for evidence.



Truth is that they can do what they want. If I find a case where a person with no priors had this done, will you concede?




Let's clarify your statement

They will 4 or 5 fine officers and slam your ass to the ground and forcibly pull your blood from you.

When this was written, I see pictures of Rodney King getting kicked and beaten.

Though later you define that statement as ~ the cops will take you to a hospital and have an MD draw blood. (I don't see any slamming to the ground in your clarification)



I had a friend that related a story to me where they physically slammed him down in a mobile van.

Some cops draw blood as I read as I was researching this topic.

Funny how it goes from, 'cops don't do that' to, 'ok, let's split hairs so we can justify it as acceptable. Look, kids, drawing blood from someone against their will is what it is. The venue can be in the street, it can be in the hospital or it can be in a mobile van and it's still the same thing. If I cited some story about a gil being raped, would you question the venue? Ridiculous...

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In the State of Texas, to draw blood from a person arrested for DWI and that person has refused the breathalizer test, a search warrant must be obtained prior to any blood sample(s) being taken.


Chuck



Jesus Christ, I only wrote that 2 pages ago, thanks for reading for comprehension. It's a procedural telephonic warrant; takes minutes.

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That's the logical approach, but more likely some fine, fine insurance corporation called in a marker to get the limit lowered for these reasons:

1) Fewer drunk drivers = less claims

2) Lower limits = more drunk driving arrests = higher premiums



3) fewer impaired drivers = less dead people?

The impairment to reflex time and thinking skills is very demonstable even at .08. It is the lack of a critcal event that lets these 'less drunk' people get home without incident.

I don't believe the insurance companies have been effective as MADD in these matters. The companies have managed to set things up so they can surcharge for 10 years after a conviction.




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3) fewer impaired drivers = less dead people?



I agree, I don't know how many years since my last drink - never really liked it. I'm not defending drunk driving. Of course,

4) Outlaw skydiving = no skydiving deaths

We can apply that logic anywhere, how about this:

5) No 4th Amendment = more crimes solved = ultimately less crime

The idea is to find the balance between safety and privacy and I think forcibly drawing any fluid from people crosses that line and not by just a little. Many doctors refuse to do it, as it violates the patient / doctor relationship.

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I don't believe the insurance companies have been effective as MADD in these matters. The companies have managed to set things up so they can surcharge for 10 years after a conviction.



I'm sure insurance companies don't care about DUI limits and haven't donated millions to the cause :P

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You implied this would be typical police response, but your one cite involves a repeat offender at triple (IOW, fucking obvious PC) the limit?



As for triple the limit, that isn't discovered until after the blood draw, so that's immaterial. That's like the cops saying they kicked down the door of a house w/o a warrant, but they found contraband, hence a good search. The 4th is supposed to exterminate, "ends justifies the means" practices.



No, it's nothing like kicking down a random door to find drugs inside. A person with a BAC at .25 is obviously drunk (or fucking drunk or passed out). They are easy to identify in a crowd of sober people.



There ya go speaking for all the functioning drunks out there. I'm shitfaced after .05, I'm sure, but some folks function well after .25, not that they should be driving. My stepdad was one.

Again, you started by commenting on the sequence of the find, then drifted off. If a cop finds a beer can in your car, fine, use it as PC to search the rest, but not slam you and throw a needle in your arm.

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