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Forced blood tests in Jefferson Parish this weekend

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posted on May, 27 2010 @ 05:08 PM
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Scariest thing I've ever heard in my life. And my brother was killed by a drunk driver. But in Jefferson Parish, part of the New Orleans Metro area, if you refuse a breathalizer test this weekend you will be forced to take a blood test. Magistrates and EMT's will be on call all weekend. Scary.

www.nola.com...




posted on May, 27 2010 @ 05:11 PM
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That's been going on in Austin, TX for quite some time now. It's a double edged sword. I understand why it's done, but it does seem overly invasive.



posted on May, 27 2010 @ 05:18 PM
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Well, how else are they going to make a DNA data bank?

It's more than invasive. Can they hold you down or subdue you to draw the blood? Doesn't seem right.



posted on May, 27 2010 @ 05:22 PM
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I have a phobia of needles. Long story as to why. I've threatened doctors before because of it. Come near me with a needle and I'll stab you in the frackin' eye with it. Period. Enough said.

I still believe what they're doing is unconstitutional.



posted on May, 27 2010 @ 05:42 PM
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Nothing new, Michigan has had something like this for awhile, if you get pulled over any time and smell of alcohol and you refuse a breath test, its a automatic $100-$200 fine and an automatic arrest. After you get to the station you have an option of breath test or go to the hospital for a blood test, if you still refuse they put you in restraints and draw a sample.



posted on May, 27 2010 @ 05:44 PM
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WHen I was younger in my wild days, my buddy the sheriff's deputy said that if I ever have a wreck or get pulled over for drunk driving to hop out toss the keys and drink a beer. I've got no problem with breathalizers. But forced blood tests if I refuse a breathalizer? Holding me down and stealing my blood? Spooky.

I wonder if this is applicable for people without a drivers license. We have a slew of illegals here, I wonder what happens when one of them hits the checkpoint and refuses the breathalizer. Do they have to take the blood test since its related to only licensed drivers?



posted on May, 27 2010 @ 05:47 PM
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Oh my! If they tried that in Jersey....well, let's just say don't try it in Jersey. I had no idea stuff like this was going on.

Either submit to a breathalizer or they stick you with a needle??

There's got to be something unconstitutional about it -- it doesn't sound right to me! Forcibly drawing blood.....


In Jersey, if you get pulled over and refuse a breathalizer it's an automatic DWI. Sounds the better way to go to me.



posted on May, 27 2010 @ 05:49 PM
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this is the way its been done in Denmark since the 80's at least...



posted on May, 27 2010 @ 06:01 PM
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Yea Michigan has some wacky laws. They recently passed medical marijuana. But guess what? Under Michigan law if you get pulled over and the officer suspects you have marijuana in your system, doesn't matter if you have a prescription for it or not and doesn't matter if you didn't smoke that day or yesterday if THC is in your system from last week or a month ago and you test positive in a blood test, you just got yourself a DUI of marijuana.



posted on May, 27 2010 @ 06:04 PM
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Originally posted by InvisibleObserver
Nothing new, Michigan has had something like this for awhile, if you get pulled over any time and smell of alcohol and you refuse a breath test, its a automatic $100-$200 fine and an automatic arrest. After you get to the station you have an option of breath test or go to the hospital for a blood test, if you still refuse they put you in restraints and draw a sample.


How can they do this legally? I'm assuming you know what you're talking about but this just doesn't sound kosher. Somebody should fight that law in court.

Where I live, you can refuse and take the fine and an automatic arrest on a charge of refusing the breath test but they cannot force you either to take a breathalizer or a blood test - ever. It's the ultimate invasion of privacy.



posted on May, 27 2010 @ 06:04 PM
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Yeah same thing in CA. If you refuse a breathalyzer at a traffic stop you can be subdued and blood tested.


 
Posted Via ATS Mobile: m.abovetopsecret.com
 



posted on May, 27 2010 @ 06:06 PM
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Originally posted by InvisibleObserver
Yea Michigan has some wacky laws. They recently passed medical marijuana. But guess what? Under Michigan law if you get pulled over and the officer suspects you have marijuana in your system, doesn't matter if you have a prescription for it or not and doesn't matter if you didn't smoke that day or yesterday if THC is in your system from last week or a month ago and you test positive in a blood test, you just got yourself a DUI of marijuana.


They're only laws until someone contests them successfully.

Edit to add: I guess what I'm trying to say is just because they're laws doesn't make them legal.

[edit on 27/5/2010 by Iamonlyhuman]



posted on May, 27 2010 @ 06:10 PM
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Don't come to Australia then

because that's the way it is here and no apologies


So those of you who don't want your alcohol level measured via blood-test better start blowing into the proferred breathaliser --- or reconcile yourselves to jail and blood test

OR --- don't drink and drive

After all, how much 'freedom' do you believe you're entitled to ?

---- the 'freedom' to drive under the influence and kill or maim others ?

But no doubt you draw the line at such 'freedoms' when it comes to some drunken fool endangering YOUR life or the lives of your loved-ones ?



posted on May, 27 2010 @ 06:10 PM
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reply to post by Iamonlyhuman
 


I'm with you! I've honestly never heard of such a thing: "submit or they subdue you.....", seriously?

What happens if you simply refuse the breathalizer but say charge me with a DWI / DUI? If you agree to the charge and the fine, they can't still force the blood test, can they?



posted on May, 27 2010 @ 06:29 PM
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reply to post by lpowell0627
 


Well, in my state, you don't even have to admit to DUI. But, when you refuse to blow you are automatically arrested and charged with failure to submit AND DUI. The court is the place to settle it all out, not the jailhouse.



posted on May, 27 2010 @ 06:36 PM
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I believe these laws were put in place due to the high level of alcoholism from long winters, from the high percentages of alcohol related vehicle, snowmobile,atv/orv accidents and deaths between the 60s-mid 90s. It greatly reduced the numbers. Michigan also has the 3 strike law on drunk drivings, first offence is a short time in jail, high fines, probation rehabilitation, 2nd offence a little longer stay in jail, higher fines, probation, rehabilitation and number 3 offence in a certain period of time you are sent to prison for I believe 3-5 years, somewhere in there.



posted on May, 27 2010 @ 06:37 PM
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I don't have a problem with this at all. Drunk drivers are a big issue. In the article link it says that after refusing a breath taste a judge at the jail will take everything into consideration and issue a search warrant for a blood sample. The legality issue of getting a sample is managed. If a person is sober I fail to see how this will cause any problems.



posted on May, 27 2010 @ 06:37 PM
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Originally posted by Dock9
Don't come to Australia then

After all, how much 'freedom' do you believe you're entitled to ?

---- the 'freedom' to drive under the influence and kill or maim others ?

But no doubt you draw the line at such 'freedoms' when it comes to some drunken fool endangering YOUR life or the lives of your loved-ones ?



No one has said that people should be free to drive drunk. I'm all for drunk driving laws. My state has one of the strictest laws around and I'm all for it.

However, the police should never invade someone's body forcibly, without consent - ever. It's called assault and battery, it is illegal.

And, I see that it is illegal in Australia as well:

en.wikipedia.org...

Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat of violence caused by an immediate show of force.[1][2]



posted on May, 27 2010 @ 06:45 PM
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reply to post by Ineedmeds
 


Thanks. That makes more sense. I think if posters who think that their police can force them to take blood tests understood their local laws better they would find something similar to this.



posted on May, 27 2010 @ 06:51 PM
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reply to post by Iamonlyhuman
 


So you're making the taking of blood from someone suspected of being under the influence to 'police battery', now ?

Anything rather than admit that if you drink and drive and are pulled over AND refuse to prove your innocence via the breathalizer -- then the police will ascertain your blood-alcohol level via a blood test ?

When did 'bodily manhandling' enter this equations/discussion ?


You're a manipulative 'conversationalist' ---- aren't you ?

and you're skewing the facts to suit your agenda, imo


YOUR CHOICE is one of deciding to drive drunk -- or not -- in the FIRST place. Do you understand that ?


If you *DO* give your lack of intelligence -- lack of consideration for the law and others --- lack of judgement --- criminal leanings --- ignorance and ego to win the day and if you *DO* drive under the influence of alcohol

then you are breaking the law. And you are endangering others. Others -- you know --- ALL those other people who have the right to drive in safety of public roads

It makes you a potential MURDERER


and *IF* the police have reason to suspect you are driving under the influence

then they will STOP you

and they will provide you the OPTION to prove your innocence via the breathaliser


If you REFUSE to prove your innocence

if you REFUSE to PROVE you are not under the legal limit

then those police will put you in the Black Maria and will take you to the police station

where you will be provided the OPTION of demonstrating your innocence via blood-test


If you REFUSE to prove your innocence

you will be handcuffed and the law will deal with you as it sees fit


IT happens every hour of every day


Because *your* freedoms do not take precedence over mine or those of anyone else

you might as well get used to that



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