No refusal weekend!!! HAVE A DD

[Silverback]

The Miranda Rights... Ok, how do I explain this?

If you're being questioned, you have the right to refuse to answer any question. You don't have to say where you came from, how much you drank, refuse SFST's etc. However, if the officer feels that you are still operating a motor vehicle on a public roadway while intoxicated, you may still be arrested. If you then refuse the breath test, the officer may obtain a search warrant for your blood. At that point, there is NOTHING you can do to refuse that. Like I mentioned in my above post, just dispute the legalities in court.

No I know what you are saying, but again, even if you get the warrant to take my blood, and do. I still requested an attorney before making any decisions, I never refused, only asked to speak to someone who makes a living understanding the laws before I make a decision. Then when the attorney fights it in court, they will ask the officers if I requested an attorney before making any decisions, which will show that I was within my rights to do so. I'm also sure the attorney would request a trial by jury, so that the jurors would be more apt to understand what a violation or rights it is to take blood from someone without their consent or allowing them to speak to an attorney.

This isn't a bash on any cops here, I understand you're doing what you're told to do by your superiors. But those making the laws here are way out of line, and once it reaches the Supreme Court, I guess it will be decided, but then what about everyone that had their blood taken against their wishes? Do they all get to sue the city/county/state for abusing their rights?

[Machx2]

so based on my rights that you read to me upon my arrest, you immediately violate them?

"You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"

Basically you are saying I no longer have the right to remain silent or to an attorney before you decide to take my blood?

I don't know how any of that is violated by a judge granting a warrant for your blood. All no refusal does is speeds up the process to get the blood warrants if you were to refuse. Your lawyer will do nothing and will probably tell you to leave him alone at 2am lol.

[Silverback]

IMO it's not a fight worth fighting, constitutional or not. You'll spend A LOT more money than cab fare, or even renting a limo for the day.

I agree with it being cheaper to get a cab, etc. And I'm 100 percent behind not getting behind the wheel drunk.

I'm defending what's a violation of your rights, and when you feel your rights have been violated, that you should fight it, and you have every right to fight it.

[Osiris]

No I know what you are saying, but again, even if you get the warrant to take my blood, and do. I still requested an attorney before making any decisions, I never refused, only asked to speak to someone who makes a living understanding the laws before I make a decision. Then when the attorney fights it in court, they will ask the officers if I requested an attorney before making any decisions, which will show that I was within my rights to do so. I'm also sure the attorney would request a trial by jury, so that the jurors would be more apt to understand what a violation or rights it is to take blood from someone without their consent or allowing them to speak to an attorney.

This isn't a bash on any cops here, I understand you're doing what you're told to do by your superiors. But those making the laws here are way out of line, and once it reaches the Supreme Court, I guess it will be decided, but then what about everyone that had their blood taken against their wishes? Do they all get to sue the city/county/state for abusing their rights?

I see what you're saying: that it makes you look better in court, and the officers look worse. Throws the credibility to your side.

I would really like to see how this plays out. I just sure as hope that it won't be any of my cases! LOL.

[Silverback]

I don't know how any of that is violated by a judge granting a warrant for your blood. All no refusal does is speeds up the process to get the blood warrants if you were to refuse. Your lawyer will do nothing and will probably tell you to leave him alone at 2am lol.

It's the automatically issuing a warrant for your blood for ANYONE that refuses, that's pushing the limits of violating your rights.

You can't even issue a blood warrant without a defense attorney's representation in a murder trial.

[Machx2]

I agree with it being cheaper to get a cab, etc. And I'm 100 percent behind not getting behind the wheel drunk.

I'm defending what's a violation of your rights, and when you feel your rights have been violated, that you should fight it, and you have every right to fight it.

Most drunk people won't refuse in the first place. Or at least the ones I get. They want to "prove" they are not drunk.

[Silverback]

Most drunk people won't refuse in the first place. Or at least the ones I get. They want to "prove" they are not drunk.

Because the only thing they know is that if they refuse, they get their license suspended for 180 days, almost no questions asked, until their DWI case is tried in court. Only then if found not guilty is the license reinstated. So I guess most think they haven't had THAT MUCH to drink.

If you don't know if you will or won't blow the legal limit, why would you?

[Machx2]

Because the only thing they know is that if they refuse, they get their license suspended for 180 days, almost no questions asked, until their DWI case is tried in court. Only then if found not guilty is the license reinstated. So I guess most think they haven't had THAT MUCH to drink.

If you don't know if you will or won't blow the legal limit, why would you?

Because most people that drive drunk, honestly don't believe they are drunk.

[Big A]

No I know what you are saying, but again, even if you get the warrant to take my blood, and do. I still requested an attorney before making any decisions, I never refused, only asked to speak to someone who makes a living understanding the laws before I make a decision. Then when the attorney fights it in court, they will ask the officers if I requested an attorney before making any decisions, which will show that I was within my rights to do so. I'm also sure the attorney would request a trial by jury, so that the jurors would be more apt to understand what a violation or rights it is to take blood from someone without their consent or allowing them to speak to an attorney.

This isn't a bash on any cops here, I understand you're doing what you're told to do by your superiors. But those making the laws here are way out of line, and once it reaches the Supreme Court, I guess it will be decided, but then what about everyone that had their blood taken against their wishes? Do they all get to sue the city/county/state for abusing their rights?

When a search warrant has been granted for your home or car, do you have the right to have an attorney present beforehand? No. Having an attorney present, as I understand it, applies to only your statements. Physical property is another thing, much like a trafficer harboring illicit substances or bombs in the vagina or rectum.

Interesting argument though, is the body property, sacred, or something in between?

[roliath]

so glad I don't drink anymore, so I don't have to put up with this bullshit

[Silverback]

When a search warrant has been granted for your home or car, do you have the right to have an attorney present beforehand? No. Having an attorney present, as I understand it, applies to only your statements. Physical property is another thing, much like a trafficer harboring illicit substances or bombs in the vagina or rectum.

Interesting argument though, is the body property, sacred, or something in between?

Ok, so should it be ok for a city say that June is "No Refusal" Month for property search warrants? Basically the whole month of June, any cop wanting to do a property search has a magic, instant warrant at their disposal?

[Osiris]

[Unicorn Jeff]

Fucking fatty

[Unicorn Jeff]

I do like this though. Matt vs DFWMUSTANGS PD!

[Big A]

It's the automatically issuing a warrant for your blood for ANYONE that refuses, that's pushing the limits of violating your rights.

You can't even issue a blood warrant without a defense attorney's representation in a murder trial.

The one time that I was in a position to blow, I didn't refuse. Not because I was ignorant of the law, but as far as I was concerned, a fuck up is a fuck up. I was fully prepared to take the punishment given, because I had broken the law. Anyone refusing is simply trying to manipulate the system to get away with breaking the law, and creating a very unsafe situation.