tenyearsafter

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Posts by tenyearsafter

• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

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  tenyearsafter

  I think the point that people are missing here is that the "needle" being forced is only if they person refuses a voluntary breath or blood test...and they signed away the right to refuse when they applied for and signed there driver's license application. Irreverent is correct, this is called "implied consent". In CA, the vehicle code states:

  23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.

  I am pretty confident that the rest of the states have similar statutes on the books.
• 
  41

  What Was Your Attitude When A Householder Slammed The Door In Your Face?

  by minimus in

  1. jw
  2. friends

  did you get angry?

  feel pity?

  not care?.

  1. 
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  tenyearsafter

  "kicked the dust off of my shoes" and headed down the road...
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  Danabug makes a great point...I think that texting while driving is even more dangerous than minor alcohol impairment while driving. Texting is incredibly distracting, and I think the punishment should be comparable to DUI. Way too many accidents that could have been prevented if the driver had not taken their eyes off the road texting!
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  I guess one needs to note the difference between being arrested and convicted of DUI. Arrest is based on reasonable cause...in and of itself, it is not a conviction. Most states don't require a bond to be released on DUI...they typically wait until the driver is considered "sober" and release them on a citation and promise to appear. The fines and big money don't come into play until you are convicted...and that requires tangible proof, ie: a BAC over .08% or obvious signs of impairment. Typically, the DA will not prosecute unless they have a BAC over .08%. If it is under .10% and the person has no prior convictions, the DA will often drop the DUI charge to a "wet" reckless driving conviction. Get convicted of DUI, and the money starts to really add up!
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  Exactly undercover...and there doesn't seem to be a shortage of drunk, stupid drivers out there!! LOL
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  Bottom line to all of this is: "Don't get behind the wheel with a BAC of .08% or higher!"...that should resolve any issues of getting convicted of DUI.
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  Driving is defined as "being in control of the vehicle"...typically, that would mean you are behind the wheel, keys in the ignition, engine running...whether you are actually driving or not.
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  undercover,

  The legal guidelines for DUI checkpoints require pre-notification of the location, time and date of the checkpoint. In addition, there has to be an "escape" route so that people can turn out before reaching the checkpoint. You would think that this would pretty much negate any chance of catching impaired drivers, but in our town the checkpoints typically yield an average of 5 DUI arrests with one checkpoint getting 17 DUI arrests!! That seems to be pretty effective...and certainly puts others on notice not to drive impaired.
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  Danabug...BAC=blood alcohol content.

  BTS, I would disagree that "low" BAC drivers do not prove to be a higher danger than sober drivers. I guess it would be based on what a low BAC driver is. Is it .08%?....05%?....02%? You will not be arrested if you are under .08% unless there are other obvious signs of impairment. Checkpoints are reandom...typically, every 5th or 10th vehicle is waved in. If there is no sign of alcohol, your license is checked and you are on your way. There still has to be the same elements of DUI present as if you were stopped driving to be arrested for DUI at a checkpoint.
• 
  66

  Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

  by minimus in

  1. jw
  2. friends

  in your arm by judge's order.

  (a judge will be there at the checkpoint) and of course, if you are legally drunk, you'll be arrested on the spot.. so this weekend in tampa, they'll be sticking needles in your arms if you refuse their demands.

  they say they'll be heavily advertising the area that they'll be at over the holiday..

  1. 
  2. 
  3. 
• 

  tenyearsafter

  In CA this has been standard operating procedure for years...most counties accept it based on the principle of "not being able to withhold evidence", ie: a breath or blood sample during a DUI investigation. In CA, you are under the "implied consent" ruling as soon as you sign your driver's license application. The implied consent rule states that you will provide a chemical test sample as part of a DUI investigation...and most counties will allow a "forced draw" blood test if you refuse to provide one voluntarily. No warrant required...you signed that right away when you applied for the driver's license. And if you refuse, you will lose your license regardless of whether the sample was obtained involuntarily.