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Originally posted by ColoradoJens
reply to post by Xcathdra
How does an incapacitated person in a car wreck show you a license?
CJ
Definition of INCAPACITATE
1
: to make legally incapable or ineligible
2
: to deprive of capacity or natural power : disable
Examples of INCAPACITATE
The class teaches you how to incapacitate an attacker.
The stroke left her completely incapacitated.
He was incapacitated by the pain.
a computer system incapacitated by software problems
Synonyms: cripple, disable, hamstring, immobilize, paralyze, prostrate
Originally posted by ColoradoJens
How does an incapacitated person consent to medical treatment? They don't.
How does an incapacitated person consent to an alcohol test? They don't.
Are you somehow suggesting they do?
Implied consent is consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).
Implied consent and driving while intoxicatedSee also: Drunk driving (United States)
All U.S. states have driver licensing laws which state that a licensed driver has given his implied consent to a field sobriety test and/or a Breathalyzer or similar manner of determining blood alcohol concentration. These laws have generally been upheld by courts as a valid exercise of the states' police power, against challenges under the Fourth Amendment (as a reasonable search and seizure) and Fifth Amendment (as not violative of the right against self-incrimination). This is largely because in the United States, driving is considered a privilege rather than a right, and the state has a legitimate interest in keeping dangerously intoxicated drivers off the road, to prevent injury, property damage, and loss of life. In most states, however, the police must have reasonable grounds for administering a sobriety test.[1]
First aidIn the United States, if a person is at risk of death or injury but unconscious or otherwise unable to respond, other people including members of the public and paramedics may assume implied consent to touch the person to provide first aid.[3] Many states have Good Samaritan laws that protect persons giving aid from legal liability, but the type of persons (laypeople versus healthcare professionals) and the amount of protection varies.
Originally posted by Xcathdra
reply to post by ColoradoJens
Because we go back to the term unresponsive and how it was used in this situation. The bulk of people are only using it in the medical term while rejecting the other applications of that term by other agencies. Unresponsive does NOT always mean unconscious nor does it only have medical applications.
Originally posted by ColoradoJens
Originally posted by Xcathdra
reply to post by ColoradoJens
Because we go back to the term unresponsive and how it was used in this situation. The bulk of people are only using it in the medical term while rejecting the other applications of that term by other agencies. Unresponsive does NOT always mean unconscious nor does it only have medical applications.
But in this case it did.
CJ
Originally posted by ColoradoJens
When Ricky Jones collided with a car in Cleburne April 9th, he was disoriented and confused. A Cleburne police officer questioned him. His audio was recorded. He asked Jones, “Do you understand that I’m talking to you? Answer my question. What’s the matter with you?”
Originally posted by ColoradoJens
Exactly, it does. It shows his unresponsiveness connotated with his medical condition.
Originally posted by ColoradoJens
His condition made it so when the office was shouting at him if he understood him he couldn't respond. He had just been in a car accident.
Originally posted by ColoradoJens
There are many reasons why he may not have understood the officer.
Originally posted by ColoradoJens
To tase someone without them causing anything other than the annoyance of silence is criminal. Especially in these circumstances. What if it had been an old senile woman? Should she be tased after getting in a wreck because she has no idea where she is?
CJ
Originally posted by Xcathdra
reply to post by ColoradoJens
You guys are missing my point... At no point have I ever said the officer was right to do what he did.. What I have stated is its a tough call,
Originally posted by HandyDandy
A tough call is when you can see yourself doing the same thing.
Originally posted by HandyDandy
Can you see yourself tazing someone who was just in an accident, disoriented and confused but not answering you or your commands?
Originally posted by HandyDandy
Do you see yourself using your lethal weapon on someone as a cattle prod for compliance as this cop did?
Originally posted by HandyDandy
If so, you are one of the "bad apples" IMO.
Originally posted by HandyDandy
And you just lost a huge amount of respect from me and probably a hell of a lot of others.
Originally posted by Xcathdra
and its being done simply because you and the others despise law enforcement regardless of what occured.
Please educate yourself on how a taser works, including the difference between probe discharge and drive stun, in addition to understanding the difference between a lethal weapon and less than leathal.
Your and others position is based solely on the officers actions where as mine are based on the legalities involved that allowed the officer to make that choice.
Contrary to belief there is a difference.
Originally posted by HandyDandy
Funny how I love my brother the policeman.
Originally posted by HandyDandy
Please educate yourself in how many people die from being tazed a year. It is NOT less than lethal....in many cases it IS lethal.
Originally posted by HandyDandy
In other words....damn the morality of it, you just want the legality of it?
Originally posted by HandyDandy
You do know that everything Hitler did while in power was legal.......correct?
Originally posted by HandyDandy
There sure is. And you've shown what kind of person you are.