Hi Cofty...interesting...what happens if a person is unable to supply a breath test due to a medical condition or extremely high level of intoxication (i've seen both scenarios)?
tenyearsafter
JoinedPosts by tenyearsafter
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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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Attention Lurkers- Consider the effectiveness of your lifesaving work
by stuckinamovement inhypothetical scenario.
you are a city manager in a major metropolitan city with a population of 3,000,000.. .
if the governing body was truly convinced themselves of the impending disaster and the fact that the end is imminent would they not focus their efforts in spreading the message through effective means such as telephone, television, internet, social networks etc?
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tenyearsafter
SIAM,
That is an outstanding analogy!! I don't see how any logical, thinking person could miss your point. I might even try to use it with a couple of my witness relatives (with your permission of course!).
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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
Hi Blondie...the "forced" blood test is only given if the arrestee refuses a voluntary breath or blood test...even an involuntary blood test is drawn by a licensed nurse or phlebotomist. To add insult to injury, the person refusing loses their driver's license for a year, even if the blood test is drawn after the refusal.
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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 would say the only ones making any "real" money on a DUI is the attorney representing the defendant!
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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.
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What Was Your Attitude When A Householder Slammed The Door In Your Face?
by minimus indid you get angry?
feel pity?
not care?.
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tenyearsafter
"kicked the dust off of my shoes" and headed down the road...
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Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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
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!
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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 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!
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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
Exactly undercover...and there doesn't seem to be a shortage of drunk, stupid drivers out there!! LOL
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66
Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...
by minimus inin 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
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.