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Mandatory Blood Alcohol Testing by MadMark
Started on: 06-28-2014 11:14 PM
Replies: 25 (303 views)
Last post by: Nurb432 on 06-29-2014 09:08 PM
MadMark
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Report this Post06-28-2014 11:14 PM Click Here to See the Profile for MadMarkClick Here to Email MadMarkSend a Private Message to MadMarkEdit/Delete MessageReply w/QuoteDirect Link to This Post
I have a hard time believing that forcing people to have their blood drawn when a policeman stops you to get an alcohol reading is legal/constitutional here in the US. But, it appears to be happening in Oregon.

http://www.infowars.com/ore...l-blood-checkpoints/
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MadMark
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Report this Post06-28-2014 11:58 PM Click Here to See the Profile for MadMarkClick Here to Email MadMarkSend a Private Message to MadMarkEdit/Delete MessageReply w/QuoteDirect Link to This Post
When I first read this I didn't realize this was an Alex Jones thing, so I don't know how true this is.
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TK
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Report this Post06-29-2014 12:27 AM Click Here to See the Profile for TKSend a Private Message to TKEdit/Delete MessageReply w/QuoteDirect Link to This Post
The KVAL link does appear to support his claim but it requires a judges order. I think this is pure scare tactic but we will see how it plays out.
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Fats
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Report this Post06-29-2014 02:19 AM Click Here to See the Profile for FatsClick Here to Email FatsSend a Private Message to FatsEdit/Delete MessageReply w/QuoteDirect Link to This Post
At the "no refusal" checkpoints here they have a judge on site to sign orders.

I don't drink and drive, I rarely drink and I see a huge issue with this.

Brad
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skuzzbomer
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Report this Post06-29-2014 03:13 AM Click Here to See the Profile for skuzzbomerSend a Private Message to skuzzbomerEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Fats:

At the "no refusal" checkpoints here they have a judge on site to sign orders.

I don't drink and drive, I rarely drink and I see a huge issue with this.

Brad


I see a huge problem as well... Especially for those of us who have a tendency to pass the **** out when pierced by needles. That's a case for a medical malpractice suit if they don't listen, as there are certain things that have to be taken into consideration when performing such actions on those of us that are afflicted.
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Tony Kania
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Report this Post06-29-2014 03:59 AM Click Here to See the Profile for Tony KaniaSend a Private Message to Tony KaniaEdit/Delete MessageReply w/QuoteDirect Link to This Post
This does not happen. It is only a myth. Seriously, you kids at friggen gulable. *huge sarcasm*
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Red88FF
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Report this Post06-29-2014 01:29 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFEdit/Delete MessageReply w/QuoteDirect Link to This Post
I thought that checkpoints had been found unconstitutional, which they dam well should be and I believe they are.


I am sure somebody will pipe off with the "if you have nothing to hide" idiot remark.
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Monkeyman
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Report this Post06-29-2014 01:33 PM Click Here to See the Profile for MonkeymanSend a Private Message to MonkeymanEdit/Delete MessageReply w/QuoteDirect Link to This Post
They can make me blow into a breathylizer any time they want. I've got no issue with that as long as the check points are stopping everyone (there have been quite a few that target bikes only). Getting pricked by a needle is something completely different. Judge onsite or not, if it happened without probable cause, it's going to court and I WILL win.
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Nurb432
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Report this Post06-29-2014 01:36 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Red88FF:

I thought that checkpoints had been found unconstitutional, which they dam well should be and I believe they are.



Here they got around it by placing them 'after a cross road' and 'well marked ahead of time' so that you can pull off if you like and avoid it... I'm sure that wont raise suspicion...

I see seat belt checkpoints all the time. ( does anyone else remember when they first started with the mandatory seat belt talks? ' we will never use it to stop you, its just to keep you safe'.. now we have f-ing checkpoints )

I always wear my belt as i dont want to go flying thru the windshield if some moron hits me, and have since i could get in a car... But i still dont like what is going on.

[This message has been edited by Nurb432 (edited 06-29-2014).]

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Nurb432
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Report this Post06-29-2014 01:37 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post

Nurb432

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quote
Originally posted by Monkeyman:

They can make me blow into a breathylizer any time they want. I've got no issue with that as long as the check points are stopping everyone (there have been quite a few that target bikes only). Getting pricked by a needle is something completely different. Judge onsite or not, if it happened without probable cause, it's going to court and I WILL win.


I have a problem with presumed guilt, in any situation.
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Red88FF
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Report this Post06-29-2014 01:40 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Monkeyman:

They can make me blow into a breathylizer any time they want. I've got no issue with that as long as the check points are stopping everyone (there have been quite a few that target bikes only). Getting pricked by a needle is something completely different. Judge onsite or not, if it happened without probable cause, it's going to court and I WILL win.


Actually, you can refuse. You will forfeit your license but you can do it.

I may be wrong or things might have changed but the last I heard of a court ordered blood draw it had to be done at the hospital and then only in case of a death or injury accident.
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Report this Post06-29-2014 01:45 PM Click Here to See the Profile for WichitaClick Here to Email WichitaSend a Private Message to WichitaEdit/Delete MessageReply w/QuoteDirect Link to This Post
What is the major difference between the police asking you to consent to a blood drawn alcohol test, breath analyzer test and the field sobriety test?

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Formula88
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Report this Post06-29-2014 01:48 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Edit/Delete MessageReply w/QuoteDirect Link to This Post
In NC they side stepped the issue. Refusal a sobriety test, breathlyzer or blood test results in a 1 year revocation of your driver's license. You're not charged with being impaired. The charge is refusal to submit to the test.
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Report this Post06-29-2014 01:51 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Edit/Delete MessageReply w/QuoteDirect Link to This Post

Formula88

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quote
Originally posted by Monkeyman:
I WILL win.


No, you won't. There's plenty of legal precedent where people have challenged it and lost.
Not saying you shouldn't fight it anyway if you found yourself in that position - just understand you will lose in the end.
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Report this Post06-29-2014 02:08 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Red88FF:


Actually, you can refuse. You will forfeit your license but you can do it.

I may be wrong or things might have changed but the last I heard of a court ordered blood draw it had to be done at the hospital and then only in case of a death or injury accident.


Not sure if that would apply for a checkpoint since there is no stated suspicion. If you were stopped individually, sure..
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Nurb432
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Report this Post06-29-2014 02:10 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post

Nurb432

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quote
Originally posted by Wichita:

What is the major difference between the police asking you to consent to a blood drawn alcohol test, breath analyzer test and the field sobriety test?


Do you trust some unknown to stick needles in your arm? Pretty damned invasive to me, just for going about your daily business...
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Monkeyman
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Report this Post06-29-2014 08:30 PM Click Here to See the Profile for MonkeymanSend a Private Message to MonkeymanEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Nurb432:

Do you trust some unknown to stick needles in your arm? Pretty damned invasive to me, just for going about your daily business...


As long as they're a trained phlebotomist, it doesn't matter. They've been trained not only how to draw blood but how to observe sterility rules. I get blood drawn by an "unknown" every 3 months.

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Monkeyman
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Report this Post06-29-2014 08:33 PM Click Here to See the Profile for MonkeymanSend a Private Message to MonkeymanEdit/Delete MessageReply w/QuoteDirect Link to This Post

Monkeyman

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quote
Originally posted by Formula88:

No, you won't. There's plenty of legal precedent where people have challenged it and lost.
Not saying you shouldn't fight it anyway if you found yourself in that position - just understand you will lose in the end.


Yes, I will. If there's no probably cause, they CAN'T draw my blood. If they say I was weaving or crossed the center line or any of another million things that may or may not indicate impaired driving, that's a different story. If I get stopped at a checkpoint and, just because they want, they decide to draw my blood, I'll refuse. I won't lose my license and I WILL win a lawsuit. It would be the same as a cop stopping you as you were walking down the street and telling you he was going to draw your blood.

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Monkeyman
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Report this Post06-29-2014 08:39 PM Click Here to See the Profile for MonkeymanSend a Private Message to MonkeymanEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Wichita:

What is the major difference between the police asking you to consent to a blood drawn alcohol test, breath analyzer test and the field sobriety test?


It's all about proof and, assuming I'm NOT under the influence, it's in my favor to have a breathalyzer and/or blood test. I'm diabetic. If my sugar drops too low, I might exhibit signs that are similar to being intoxicated/high. So, let's say my sugar gets low (unexpectedly...it could conceivably happen in a matter of seconds) and I run a stop sign. A cop stops me (legitimately) and wants to do a field sobriety test which I would fail. If it stopped there, I could be charged with a DUI and I wouldn't have any evidence in my favor. I could SAY I wasn't drunk but just that my sugar was low. Who's to say I'm right or wrong? On the other hand, if I fail the FST and they draw my blood AND it shows I haven't been drinking or using drugs, they won't charge me and I get to go home.

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Report this Post06-29-2014 08:43 PM Click Here to See the Profile for MonkeymanSend a Private Message to MonkeymanEdit/Delete MessageReply w/QuoteDirect Link to This Post

Monkeyman

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quote
Originally posted by Formula88:

In NC they side stepped the issue. Refusal a sobriety test, breathlyzer or blood test results in a 1 year revocation of your driver's license. You're not charged with being impaired. The charge is refusal to submit to the test.


And, when I go to court, I'll ask why they decided to check me/my blood. When they say, "just because we wanted to", me and my license will be going home. If I get stopped and the officer says he thinks I was weaving, crossed the center line, driving too slowly, etc, I'll be more than happy to submit to a FST. TBH, unless you have a lot of money to throw at a lawyer, it's probably the better bet to take the refusal charge rather than the DUI charge. That's just my opinion and I've never been charged with either so I could be wrong.

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Report this Post06-29-2014 08:49 PM Click Here to See the Profile for HudiniClick Here to Email HudiniSend a Private Message to HudiniEdit/Delete MessageReply w/QuoteDirect Link to This Post
The big difference here is that driving is not a right, it's a privilege. If I had the time and money I'd fight too but odds are I would submit to that damn breath test just because I don't want the hassle. They will piss off enough people that sooner or later someone will fight this gestapo crap.
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Report this Post06-29-2014 08:51 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Monkeyman:


As long as they're a trained phlebotomist, it doesn't matter. They've been trained not only how to draw blood but how to observe sterility rules. I get blood drawn by an "unknown" every 3 months.


Yes, but that is due to your job, part of the 'agreement'.. We are talking 'regular' citizens going about their daily lives..
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Nurb432
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Report this Post06-29-2014 08:52 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post

Nurb432

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quote
Originally posted by Hudini:

The big difference here is that driving is not a right, it's a privilege.


Technically yes, but i personally think its a grey area since you do have a right to move around as you please without being questioned. Just because technology has advanced and we no longer have to walk, it shouldn't change things.
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Report this Post06-29-2014 08:54 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post

Nurb432

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quote
Originally posted by Hudini:
They will piss off enough people that sooner or later someone will fight this gestapo crap.


I used to believe that too. I dont these days. The government is far too powerful, and vindictive..
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Report this Post06-29-2014 09:02 PM Click Here to See the Profile for HudiniClick Here to Email HudiniSend a Private Message to HudiniEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Nurb432:


Technically yes, but i personally think its a grey area since you do have a right to move around as you please without being questioned. Just because technology has advanced and we no longer have to walk, it shouldn't change things.


I believe this has been settled already. Not 100% sure though. Operating a motor vehicle is considered special so you need a license, etc. I agree it's simply another mode of travel but think the courts have already decided.
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Nurb432
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Report this Post06-29-2014 09:08 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Edit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Hudini:


I believe this has been settled already. Not 100% sure though. Operating a motor vehicle is considered special so you need a license, etc. I agree it's simply another mode of travel but think the courts have already decided.


I was talking from how i feel, not the courts.

They make us get a license to carry my handgun, and that is a right. I have to register as a lobbyist to exercise my right to political free speech.... so the precedent is there.

And i have no issue with the concept of registration/licensing for driving, as if you dont meet a level of competency, you are a danger to others. At least as long as its not designed to prevent most people from being able to be registered, either by cost or complexity. But i do have an issue with the other 2 examples.

[This message has been edited by Nurb432 (edited 06-29-2014).]

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