It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

How to refuse an unlawful DUI forced Blood sample checkpoint

page: 1
13
<<   2  3 >>

log in

join
share:

posted on Dec, 24 2014 @ 11:02 AM
link   
How to refuse an unlawful DUI forced Blood sample checkpoint like a PRO! Check this dude.



Look how calm this guy is! The mass of camera lenses probably played a big part in speeding up the process but we could all take a leaf out of this guys book! I am always prepared to get my camera out if the police stop me.
edit on 26/10/2010 by TechUnique because: (no reason given)




posted on Dec, 24 2014 @ 11:13 AM
link   
Either have a camera or have a sound recorder with you in the car with the record button handy at all times.

If you are going to get stopped you should definitely be recording, this time it was okay but would he have been treated the same without the visible cameras you ask? I doubt that it would but of course thats innocent (well probablu innocent) bystanders opinion.



posted on Dec, 24 2014 @ 11:16 AM
link   

originally posted by: Biigs
Either have a camera or have a sound recorder with you in the car with the record button handy at all times.

If you are going to get stopped you should definitely be recording, this time it was okay but would he have been treated the same without the visible cameras you ask? I doubt that it would but of course thats innocent (well probablu innocent) bystanders opinion.


I bet the situation would have been ENTIRELY different if he had not had a camera.



posted on Dec, 24 2014 @ 11:20 AM
link   
a reply to: TechUnique

I'm confused. Where was the forced blood draw?

If the kid driving had admitting to drinking alcohol, would he have been forced to take a blood test? (He looked underage, btw, idk, maybe 21.)

What happened to breathalyzers?
edit on 24-12-2014 by windword because: (no reason given)



posted on Dec, 24 2014 @ 11:35 AM
link   
They have nurses/doctors at DUI checkpoints?
Or do they drag each person away to a clinic?
How does the person get back to their vehicle if they've had no alcohol?
How do they get the test results back so fast?

The logistics of blood tests seems mind boggling.....



posted on Dec, 24 2014 @ 11:45 AM
link   
I don't know much about it, only that you guys have loads of forced DUI checkpoints and in this video they had a police blood unit. The guy in the video at the end asks one of the officers about the forced blood units.



posted on Dec, 24 2014 @ 11:46 AM
link   
a reply to: snowspirit

They have somebody on standby, usually in the trailer, who is qualified to draw blood.

The blood draw is only supposed to happen after the person has presented a reasonable suspicion of being under the influence, then pulled out of line for a field sobriety test, and THEN consents to either a Breathalyzer or a blood draw. The "no refusal" part comes in to play because there is a magistrate at the checkpoint who can immediately sign a warrant for somebody who a) gives a reasonable suspicion of being under the influence b) fails a field sobriety test and c) refuses to submit to any further testing.

Obviously there is the potential for this to be abused, in that refusing to answer whether one has had a drink or not will possibly be taken as "reasonable suspicion" by some officers, but that would be stretching the concept of probable cause to a huge extent and would cause all kinds of problems for said officer in the end. Getting a warrant to draw blood isn't a new thing.

ETA: Also, they don't automatically go to the blood draw. It's just an option.
edit on 24-12-2014 by Shamrock6 because: added stuff



posted on Dec, 24 2014 @ 11:55 AM
link   
a reply to: Shamrock6

Exactly, there was no reason to pull the kid over, it was a road block and breath test - the cops were shooting wild for hits rather than seeing a driver swerving and such and pulling them over and testing them.

Random stops for zero reason is like nazi stuff with any random person anywhere ever at any time: Papers please.



posted on Dec, 24 2014 @ 11:57 AM
link   

originally posted by: Biigs
a reply to: Shamrock6

Exactly, there was no reason to pull the kid over, it was a road block and breath test - the cops were shooting wild for hits rather than seeing a driver swerving and such and pulling them over and testing them.

Random stops for zero reason is like nazi stuff with any random person anywhere ever at any time: Papers please.


Exactly. And then if the cops really don't like it and the guy doesn't have a camera. They literally could force a blood sample by the sounds of what someone said above. It's not like US cops haven't been known to abuse their power lol..



posted on Dec, 24 2014 @ 11:59 AM
link   
What happens to the blood after the alcohol test? Does part of the sample go to a DNA database?



posted on Dec, 24 2014 @ 12:00 PM
link   

originally posted by: windword
a reply to: TechUnique

I'm confused. Where was the forced blood draw?

If the kid driving had admitting to drinking alcohol, would he have been forced to take a blood test? (He looked underage, btw, idk, maybe 21.)

What happened to breathalyzers?


That is BS! They will only give you a breath test. If you personally request a blood test you better have 400 plus dollars on you and then they will take you to a hospital ER and have one done but the only time one is Forced on you is when a bad accident has happened and they think you are drunk, they will test you 9 ways to Sunday then.



posted on Dec, 24 2014 @ 12:04 PM
link   

originally posted by: Biigs
a reply to: Shamrock6

Exactly, there was no reason to pull the kid over, it was a road block and breath test - the cops were shooting wild for hits rather than seeing a driver swerving and such and pulling them over and testing them.

Random stops for zero reason is like nazi stuff with any random person anywhere ever at any time: Papers please.


Yea I was just explaining the process, not looking for a rant about the Nazis or the legality of the checkpoint.



posted on Dec, 24 2014 @ 12:05 PM
link   
In Canada refusing the breathalizer test results in immediate roadside suspension (cannot drive away), or charges of refusing a breath test, which is the same as DUI, just without knowing how drunk you were (numbers).

It's just assumed that there's no reason to refuse a breath test unless you've been drinking.

The only time I've ever heard of the blood tests being performed is when the vehicle driven has been in an accident.



posted on Dec, 24 2014 @ 12:05 PM
link   
If the officer smells alcohol, probable cause would take over.

here is a web sight with good advice and a video from a lawyer.

www.flexyourrights.org...



posted on Dec, 24 2014 @ 12:08 PM
link   

originally posted by: wdkirk
If the officer smells alcohol, probable cause would take over.

here is a web sight with good advice and a video from a lawyer.

www.flexyourrights.org...


Exactly its probable cause.

If cops can pull people over for this with absolutely no "probably cause" why not stop anyone for anything?

"Excuse me sir, do you have a license for the aircraft you may or not have?"



posted on Dec, 24 2014 @ 12:24 PM
link   
a reply to: Biigs

no not really, when you sign a for your license you agree to the states law regarding the use of motor vehicles.
such as Floridia where it plainly states on the front of the license that.

Operation of a motor vehicle constitutes to any sobriety test required by law

how is that being a like nazi stuff? if you agree to it. don't want to have it done to you don't sign the paper to recive your license.
here is a little more info.


Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.

Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.

38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.

In 12 states, sobriety checkpoints are not conducted. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on the its interpretation of the U.S. Constitution.
Sobriety Checkpoint Laws

the link shows what states have them and what courts have upheld them

these two little kiddies are just part of those in groups that think they know the laws and are trying to trap cops.



posted on Dec, 24 2014 @ 12:40 PM
link   
Still not as bad as Sweden, they send under cover cops into nightclubs and if found to be having a good time they can legaly detain and force a blood sample under suspicion of being under the influence of drugs. If found positive for any narcotics you get done for possession.



posted on Dec, 24 2014 @ 12:40 PM
link   

originally posted by: wdkirk
If the officer smells alcohol, probable cause would take over.

here is a web sight with good advice and a video from a lawyer.

www.flexyourrights.org...


I agree. The mobile unit in the video said Smryna on it. That could be Smyrna, GA. In Georgia, I believe that any field sobriety tests including hand-held breathalyzers are optional and can be politely refused. If you refuse them, they'll most likely arrest you and require you to take the test with the official unit. If you refuse that, then the implied consent governing the issue of licenses in many states takes over, and you may lose your license.
Here's a local GA attorney with lots of good advice and a downloadable card of what to say (and not say). I think most people end up talking too much during situations like this and end up being their own worst enemy.

GA Attorney



posted on Dec, 24 2014 @ 12:48 PM
link   
I think it is safe to say that we should exercise our rights while sober.

If you are drunk and you exercise your rights then you.......are wrong.

Be safe y'all.



posted on Dec, 24 2014 @ 12:51 PM
link   
In Sweden, you may not exit a bar and get in your car to drive even if you did not drink. The US laws are, in general, much less draconian than those in Sweden. I don't know how GB treats the DUI problem but their laws seem unusual in other respects.



new topics

top topics



 
13
<<   2  3 >>

log in

join