"No refusal".. "blood test" DUI checkpoints could be coming to Tampa

[Libertytree]

http://www.wtsp.com/news/topstories/story.aspx?storyid=165079&catid=250

Tampa, Florida-- With New Year's Eve only days away, the National Highway Traffic Safety Administration expects this to be one of the deadliest weeks of the year on the roads.

But now a new weapon is being used in the fight against drunk driving.

It's a change that could make you more likely to be convicted.

"I think it's a great deterrent for people," said Linda Unfried, from Mother's Against Drunk Driving in Hillsborough County.

Florida is among several states now holding what are called "no refusal" checkpoints.

It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.

It's already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

"I think you'll see the difference because people will not drink and drive. I truly believe that," she said.

Not everyone is on board, though.

DUI defense attorney Kevin Hayslett sees the mandatory blood test as a violation of constitutional rights.

"It's a slippery slope and it's got to stop somewhere," Hayslett explained, "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

The federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow! Because we know from the results from these machines that they're not operating as the state or the government says they're supposed to operate," said Stephen Daniels, a DUI consultant and expert witness.

Supporters, though, say you could see the "no refusal" checkpoints in the Bay area by October.

"We don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives," Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

[vacuum]

This is about collecting blood. Eugenics

[Errosion Of Accord]

I would like to see many people go seek out these illicit searches, and do the following. Crack the window just far enough to let the assholes have the license and registration, have the judge issue a BS warrant that doesn't list exactly what the cops are looking for. Have the cops bust out windows and get hormonally enraged, then sue the whole lot of assholes for violation of civil rights.

[Mouse]

My bud in cali got collared on this crap. He refused to blow, they took him downtown. He refused to blow and they told him he would be restricted while a nurse took his blood if he refused to give it. All within the laws in that state. He gave them the blood and was then the slave of the state for many thousands of dollars and months, and has a record.

I did the crack the window, don't speak to the cops routine on a trip in the midwest, and let me tell you, that does NOT work. I had been drinking the night before but was not in any way intoxicated at 10 AM when pulled for speeding. Troopy took the cracked window immediately as non compliance and demanded get out of the vehicle, at which point he determined that he would be investigating a crime. Officer has me get in his car and is giving me a bunch of crap about the window thing and starts in on the eyeball tests with the pencil. He asks if I have been drinking, I answer Coffee. After about half an hour and a clear checkout on all my identity, he wants me to do sobriety tests outside the car. I ask him if I am being charged with a crime. He indicates I am impeding his investigation. I ask repeatedly to leave "Am I free to go"...NO. I know I am pretty sober so he asks me to blow the mobile thingy and I do - he says I have been drinking. I ask what the meter reads and he says he cannot tell me. I ask am I free to go. NO. He asks to do the sobriety tests out on the road. At this point I tell him to charge me or release me. He places me under arrest, cuffs me and takes me about 10 miles to a sherrif office. They make me blow, and I know I am pretty sober, so I blow. I get back a miniscule alcohol number. Cop pisses off, goes of to his car, writes me a speeding ticket and releases me. About an hour and a half of my life is gone now. Trooper leaves me at sheriff office in small rural town with no cab, 10 miles from my vehicle. I start looking for a cab. No cabs in the area. I start looking for a tow truck or anything and find a shop with someone working, explain my situation. She says her husband is coming to drop something off and can give me a lift. I go through my bag (that the cop illegally searched) and cannot find my keys. I have to go back to the sheriff, have them call the cop and find out about the keys. "Ooops" sorry about that, boy. He comes back an hour later with my keys. Then I get a ride to my truck, which has been gone through. Then I got the F out of there.

The don't talk to cops, constitutional rights BS will get you f ucked up the ass. Just get your ticket and don't start any shit. If you think they are trying to build a case for something then shut up. I could have probably cruised right on out of there with a speeding ticket if I played sheeple with this cocksucker. Your rights are bullshit on the side of a road, just do your best to not lose control of situation or give them evidence against you.

[Neuro]

On the bright side Mouse, your non-compliance may have saved a few other fellow travelers from this cop. And your speeding fine was the same, no?

[tekrunner]

http://www.wtsp.com/news/topstories/story.aspx?storyid=165079&catid=250

Tampa, Florida-- With New Year's Eve only days away, the National Highway Traffic Safety Administration expects this to be one of the deadliest weeks of the year on the roads.

But now a new weapon is being used in the fight against drunk driving.

It's a change that could make you more likely to be convicted.

"I think it's a great deterrent for people," said Linda Unfried, from Mother's Against Drunk Driving in Hillsborough County.

Florida is among several states now holding what are called "no refusal" checkpoints.

It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.

It's already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

"I think you'll see the difference because people will not drink and drive. I truly believe that," she said.

Not everyone is on board, though.

DUI defense attorney Kevin Hayslett sees the mandatory blood test as a violation of constitutional rights.

"It's a slippery slope and it's got to stop somewhere," Hayslett explained, "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

The federal government says Florida has among the highest rates of breathalyzer refusal.

"Now you've got attorneys telling their clients, don't blow, don't blow! Because we know from the results from these machines that they're not operating as the state or the government says they're supposed to operate," said Stephen Daniels, a DUI consultant and expert witness.

Supporters, though, say you could see the "no refusal" checkpoints in the Bay area by October.

"We don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives," Unfried said.

She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.




How convenient Linda Unfried also happens to work for the sheriffs office.

http://www.linkedin.com/pub/linda-unfried/17/605/348

[Silver Shield]

I am a firm believer of flying below the radar.

Being a former Marine I am exceptionally good at taking orders. I know to do the 'yes sir' very well. I learned that most that are in the enforcement class have a bit of psychopathy in them and that resistance only excites them to further abuse you further.

The best resistance, is the one they cannot stop.

Pick only the battles you can win without firing a shot.

These checkpoints are UnAmerican and Nazi like. I would recommend either staying in a hotel near your party, having a designated driver (my wife), or just staying home.

Side note never drive with guns, gold, or cash.

A cop buddy of mine just nabbed $187,000 in cash from a stop. He said it was drug money and it probably was, but you are guilty until proven innocent.

Or how about that guy in Jersey that was transporting his guns legally and was sentenced to jail and needed the Governor to step in.

[cedarchopper]

In a traffic stop situation like Mouse has described, my approach would be to roll down the window and put both hands on the wheel before he gets to the truck. Also, yes sir, no sir...almost military style, but a little more nuanced. Give them your "papers" and take the ticket without making a lasting impression on the cop...in other words, no aggressive behavior, no arguing...you can try politely explaining whatever defense you might have for being pulled over, but just person to person communication. Now, beyond that point, like if they ask permission to search, my answer is a polite NO...and when pressed for a reason, it is because I value you my rights and the law.

If you go to court, the prosecutor will always ask the cop what kind of demeanor you displayed and if the cop felt threatened by you...you want to leave no impression on the cop, you want them to not even remember you. Court is where you do your arguing, if it comes to that. There are strategies for beating tickets before you get to court...but that's another topic.

I don't like to mess around with cops...I treat them like a potentially dangerous animal - handle with caution.

[Dogman]

In a traffic stop situation like Mouse has described, my approach would be to roll down the window and put both hands on the wheel before he gets to the truck. Also, yes sir, no sir...almost military style, but a little more nuanced. Give them your "papers" and take the ticket without making a lasting impression on the cop...in other words, no aggressive behavior, no arguing...you can try politely explaining whatever defense you might have for being pulled over, but just person to person communication. Now, beyond that point, like if they ask permission to search, my answer is a polite NO...and when pressed for a reason, it is because I value you my rights and the law.

If you go to court, the prosecutor will always ask the cop what kind of demeanor you displayed and if the cop felt threatened by you...you want to leave no impression on the cop, you want them to not even remember you. Court is where you do your arguing, if it comes to that. There are strategies for beating tickets before you get to court...but that's another topic.

I don't like to mess around with cops...I treat them like a potentially dangerous animal - handle with caution.


What he said!

This law is in effect in Texas!