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-   -   Dui, and blood tests??? (http://forums.pelicanparts.com/off-topic-discussions/480312-dui-blood-tests.html)

m21sniper 06-16-2009 07:50 AM

Quote:

Originally Posted by GH85Carrera (Post 4724794)
I don't have a problem with that. Many drunks are obvious. Borderline drunks need to prove themselves. Don't drive drunk or even tipsy and it will never be a problem. I was stopped at a DUI roadblock. I was driving stone cold sober. I was pissed that I was delayed, but they caught several drunks that day.

You're quite the gestapo enabler, aintcha?

Rick Lee 06-16-2009 07:50 AM

Quote:

Originally Posted by sailchef (Post 4725050)
Has anyone ever had an Ignition Interlock Device hooked up to their car?

You blow into a hose connected to a sensor and if there is no alchohol detected your ignition will start? otherwize the sensor prevents the car from being started. Delaware will hook these up to habitual offenders cars to allow them to drive to work etc.

I think that's how it works in AZ now for 6-12 mos. after you get your privileges back. Of course, you could just have your kid blow into it for you, if you're insistent on such behavior.

Best thing about getting a DUI is that, losing your privileges for 6-12 mos., you can drink every single minute you feel like it. You're never gonna be responsible for driving home. So why not get drunk as often as you want?

When I was suspended in NJ and went to visit my folks, I had to drive to New Hope, PA and my folks came across the bridge and one of them drive my Carrera home with me in the passenger seat. Yeah, that was some punishment.

m21sniper 06-16-2009 07:51 AM

Quote:

Originally Posted by GH85Carrera (Post 4724794)
I don't have a problem with that. Many drunks are obvious. Borderline drunks need to prove themselves. Don't drive drunk or even tipsy and it will never be a problem. I was stopped at a DUI roadblock. I was driving stone cold sober. I was pissed that I was delayed, but they caught several drunks that day.

You're quite the gestapo enabler, aintcha?

Quote:

Originally Posted by legion (Post 4724796)
I do, as it is a clear violation of our Constitution.

Same here.

Quote:

Originally Posted by Dueller (Post 4724932)
You'd be suprised at how low the .08 BAC level is. 2 beers/wines/drinks in a 1 hour period for a normal sized male will put you very close to if not over the limit.

Justice.


Submit motherfkers.

Porsche-O-Phile 06-16-2009 07:57 AM

That does it. From now on I'm not having beer or wine with my dinner. I'm going with HEROIN!

Rikao4 06-16-2009 08:04 AM

you can refuse to blow in Germany..
no biggie..
Franz will take you to the nearest ER..
were they will take a sample..
cry all you want..
its STFU...
and if over the limit..
your driving days are over for a very long time..

Rika

m21sniper 06-16-2009 08:10 AM

Stallworth pleads guilty, gets 30 days in jail

AP –

By CURT ANDERSON, AP Legal Affairs Writer – 19 mins ago

MIAMI – Cleveland Browns wide receiver Donte' Stallworth is going to serve 30 days in jail after pleading guilty in Florida to a DUI manslaughter charge.

The plea deal announced Tuesday calls for the 28-year-old Stallworth to also serve 10 years' probation and do 1,000 community service hours for killing a pedestrian he hit with his car. Stallworth had faced up to 15 years in prison.

Police say Stallworth was drinking at a hotel bar before the March 14 crash that killed 59-year-old construction worker Mario Reyes. Tests showed Stallworth's blood-alcohol content was .126.

Stallworth also reached a confidential financial settlement with the Reyes' family. A person close to the negotiations told The Association Press about the agreement on the condition of anonymity because they were not authorized to talk about the deal.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

MIAMI (AP) — Cleveland Browns wide receiver Donte' Stallworth has agreed to plead guilty to DUI manslaughter charges Tuesday, and reached a financial settlement with the family of the pedestrian he struck and killed in a March car crash, a person with knowledge of the deal said.

The person spoke on condition of anonymity to The Associated Press because they were not authorized to talk about the settlement. The person said the terms of the agreement are confidential but will avoid a potential wrongful death lawsuit from the family of 59-year-old Mario Reyes.

Stallworth, 28, is expected to receive a short jail sentence and a lengthy term of probation if his plea deal is accepted by Miami-Dade Circuit Judge Dennis Murphy.

Miami Beach police said Stallworth was drinking at the swank Fontainebleau hotel bar before the March 14 crash. He left to go to a nearby home — he owns three properties in the Miami area — in his black 2005 Bentley on MacArthur Causeway, which links the beach to downtown Miami.

Prosecutors say Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

A spokeswoman for the Miami-Dade State Attorney's Office said Reyes' family has been pushing hard to resolve the case.

"We have been in intense negotiations for the past couple of days," spokeswoman Terry Chavez said. "We always take the victim's wishes into account."

Stallworth had faced up to 15 years in prison on the DUI manslaughter charge, but the plea deal calls for far less time.

Stallworth had a blood-alcohol level of .126 after the crash, well above Florida's .08 limit. Stallworth has also has cooperated with investigators and issued a statement shortly after the crash expressing sympathy for Reyes' family.

Stallworth stopped after the crash and immediately told officers he had hit Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone.

Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He also has played for New England, Philadelphia and New Orleans.

The National Football League has said it will review the matter for possible disciplinary action after the legal case is completed.

David Cornwell, a Stallworth attorney handling the NFL situation, said he has kept top league officials apprised of the case.

"Whenever it is appropriate to do so, we are prepared to discuss the circumstances under which Donte' will resume his career," Cornwell said.

------

Justice is served.

Rikao4 06-16-2009 08:27 AM

or
the grieving family is recovering at the local Benz dealership as I type..

john70t 06-16-2009 09:30 AM

Quote:

Originally Posted by sailchef (Post 4725050)
Delaware will hook these up to habitual offenders cars to allow them to drive to work etc.

Here's an idea for repeat offenders: No licence, then jail, then 30 public lashes with the bullwhip followed by jail, then the gallows(not necessarily in that order).

There are a lot of factors involved in "intoxication" and mental abilities. I've been more "drunk" off low bood sugar/no sleep/one beer than a six-pack.

Banning cell-phones and radios and setting speed govenors at 70mph would statistically be more effective at reducing highway deaths (notice I didn't say "popular").
At the same time manufactures are selling GPS, movie systems, and other distractions as fast as they can.

The public always wants a simple solution to "fix" the problem. That solution would be draconian technological governmental oversight which would be easily sidestepped, thus leading to even more oversight. Either that or prohibition.

Porsche-O-Phile 06-16-2009 09:47 AM

Teaching idiots out there how to drive (starting by teaching them to maintain a constant speed) would save far more lives than either DUI enforcement OR speed enforcement.

Speed doesn't kill. A difference between vehicle speeds on the same piece of road kills. If you got the overly-aggressive types who think it's their god-given right to whip in and out of lanes cutting people off doing 30+ MPH over the limit off the road, along with the "rolling asphalt plugs" who think it's hunky-dory to park their behemoth in the left lane doing exactly the speed limit (or under it), you'd make the roads far safer.

Of course the whole "save our children from drunk drivers" thing is far more eye-catching and gets the attention of all the overprotective parental types out there though.

m21sniper 06-16-2009 09:53 AM

Quote:

Originally Posted by john70t (Post 4725258)
Either that or prohibition.

Prohibition is a solution to nothing.

legion 06-16-2009 10:24 AM

Quote:

Originally Posted by sailchef (Post 4725050)
Delaware will hook these up to habitual offenders cars to allow them to drive to work etc.

MADD is trying to get a law passed that would mandate those in Illinois after the FIRST offense.

Heel n Toe 06-16-2009 11:01 AM

Quote:

Originally Posted by 125shifter (Post 4724661)
Given the choice of breathalizer, urine, or blood, choose blood. It's should show the least amount of intoxicants. Plus this gives your body extra time to rid itself of alcohol.

Quote:

Originally Posted by Rick Lee (Post 4724997)
I've won some traffic court cases too, as soon as the cop opened his mouth or presented photos. Still, I will never ever again help the state collect evidence against me. I won't refuse a breathlyzer (again). But I won't play these games anymore, while they wait for my BAC to peak or call new recruits to the scene to use me for training, etc. Yes, that has happened.

Someone recently told me that some consider it wise to submit to the breathalyzer ASAP at the scene because if it's done later, it often gives a higher reading because more of the alcohol has absorbed into your system from your stomach/digestive system.

What's the deal? Does it go up for a period of time and then begin to drop off?

legion 06-16-2009 11:05 AM

Quote:

Originally Posted by Heel n Toe (Post 4725480)
What's the deal? Does it go up for a period of time and then begin to drop off?

Yes.

Rick Lee 06-16-2009 11:10 AM

I've heard you peak 45 min. or so after your last drink. But I'd only ever submit to a breathalyzer if I knew 100% I would pass it. Problem is whether the state you're in allows the BAC reading (depending on how it was obtained) to be calculated back to when you were stopped or, if you can drag it out for two hours, they allow the reading at the time blood is drawn.

There is a judge in Fairfax Co., VA who tossed out a bunch of DUI cases based on BAC's because the law reads "a person whose BAC is .08 or higher shall be presumed guilty of xxx." Judge had a big problem with that wording and tossed the cases in order to get the challenges started. I don't know what ever happened with that. But a few guilty as sin drunk drivers walked scot free.

Dueller 06-16-2009 11:11 AM

Quote:

Originally Posted by Heel n Toe (Post 4725480)
Someone recently told me that some consider it wise to submit to the breathalyzer ASAP at the scene because if it's done later, it often gives a higher reading because more of the alcohol has absorbed into your system from your stomach/digestive system.

What's the deal? Does it go up for a period of time and then begin to drop off?

Yes. depends on a number of factors including weight, sex, drinking pattern, type of drink, metabolism, etc. GENERALLY, your highest BAC level will occur within 30-60 minutes of last consumption but can occur as late as 2 hrs after consumption. We sometimes use retrograde extrapolation (Or anterograde extrapolation) to determine exact BAC level at a specific time...but this generally requires two separate readings at separate times.

greglepore 06-16-2009 11:13 AM

As to the original post, in Pa, as most states, a refusal gets you a 1yr license suspension. Cops can still charge you with dui, just have to prove it common law-by testifying as to their observation.

Dueller 06-16-2009 11:20 AM

Quote:

Originally Posted by greglepore (Post 4725510)
As to the original post, in Pa, as most states, a refusal gets you a 1yr license suspension. Cops can still charge you with dui, just have to prove it common law-by testifying as to their observation.

Excellent point. Under implied consent law (i.e., by operating a car on public roads you impliedly coonsent to taking a test) the suspension for refusal is a civil penalty, whereas DUI conviction is a criminal penalty. And yes, even if you don't submit to test officer can still cite you for "commion law" DUI based on his observations.

Most LEO's cite you for both just in case your brilliant lawyer gets tests results thrown out they can fall back to CL DUI. Would seem to violate double jeopardy but SCOTUS has ruled it is merely two different ways of proving the same crime.

FWIW, 99% of the blood tests I've seen are higher than the breath tests when both are given.

legion 06-16-2009 11:26 AM

I simply don't understand how requiring a blood test without a warrant is not an "unreasonable search and seizure".

304065 06-16-2009 11:34 AM

Quote:

Originally Posted by legion (Post 4724796)
I do, as it is a clear violation of our Constitution.

How exactly? You retain your fourth, fifth and tenth amendment rights absolutely. However if you choose to do so you forfeit the privilege of driving. That's why the warrant is required to make you give evidence of your physical person against your will.

Even if you don't like it, the Constitution is working.

legion 06-16-2009 11:38 AM

I think the Founding Fathers would be horrified that someone could be compelled to provide evidence against themselves from within their own bodies without a warrant.


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