Drawing blood in DWI cases without warrant unconstitutional

[kingjason]

Most agencies have 24hr magistrates or access to a judge, so big whoop it'll get signed anyway.

I'll be interested on when they'll treat DWIs like those bullshit continuous family violence charges.

?????

They already do. Theft is enhance able, family violence, and DWI's also.

[David]

Drawing blood in DWI cases without warrant unconstitutional

?????



They already do. Theft is enhance able, family violence, and DWI's also.

I get that, but you can be charged with felony "continuous family violence" without any prior convictions just based off arrests within a 12mos period. Where as most other offenses are only enhanced off of previous convictions.

[racrguy]

Damn those cops for trying to keep drunk drivers off the road, and prevent them from gaming the system so they can continue drunk driving!

No, you stupid son of a bitch, it's not about gaming the system, it's about basic fucking protections against the police doing whatever the fuck they want to.

[Gasser64]

I love me some constitution. Think im going to get a big picture of it to hang on my wall

[CexMashean]

No, you stupid son of a bitch, it's not about gaming the system, it's about basic fucking protections against the police doing whatever the fuck they want to.

It most cases, I'd agree.
But now it'll come down to someone who was clearly drunk, but because they refused to blow, refused a sobriety test, and now can't have blood drawn, it'll turn into a drawn out case of someone fighting the system to remain guilty while they were clearly drunk or under the influence of something else.

Are you super pissy about having your blood drawn? Stop driving drunk/under the influence. Take a fucking sobriety test of blow yourself clean. This isn't like some dwi checkpoint, this is someone pulled over for how they were driving.

When it comes to (most) actions taken to crack down on it, I can't complain about them.

[kingjason]

I get that, but you can be charged with felony "continuous family violence" without any prior convictions just based off arrests within a 12mos period. Where as most other offenses are only enhanced off of previous convictions.

No. They all read the same. I came from a city that made me quite the expert in FV. Class C is never enhance able. Class A and up good sir.

PC 22.01

An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or

We actually have to run a CCH on them and find prior convictions. Sometimes you have to call the DA and check because their CCH will show a conviction on assault but in a CC 4 or CC 10 which is where they tried domestics. It didn't start showing up on CCH's as FV until they changed the code to add FV to the end of the charge several years back.

[Forever_frost]

I love me some constitution. Think im going to get a big picture of it to hang on my wall

Hobby Lobby has them. I have a big one on my wall

[CexMashean]

Hobby Lobby has them. I have a big one on my wall

You left out the word "every".

[racrguy]

It most cases, I'd agree.
But now it'll come down to someone who was clearly drunk, but because they refused to blow, refused a sobriety test, and now can't have blood drawn, it'll turn into a drawn out case of someone fighting the system to remain guilty while they were clearly drunk or under the influence of something else.

Are you super pissy about having your blood drawn? Stop driving drunk/under the influence. Take a fucking sobriety test of blow yourself clean. This isn't like some dwi checkpoint, this is someone pulled over for how they were driving.

When it comes to (most) actions taken to crack down on it, I can't complain about them.

It doesn't matter if the people were actually drunk or not. They can still have blood drawn, but it requires a warrant. It's also my right to draw out a case just as long as I can in order to make this process as painful for the prosecutor as I can. If you want to forego your rights, you're more than welcome to, I on the other hand will not. If they don't have a warrant and are required to get one, they can suck my hairy balls. Sobriety tests, most vehicle searches, never consent to any of that shit, you're only giving them possible evidence. It's their job to convict you, not yours.

[Forever_frost]

You left out the word "every".

Well I have the Constitution and the Declaration on one wall of my bedroom and the Pledge and mural of the Capitol above my headboard. My game room is another matter entirely.

[Forever_frost]

It doesn't matter if the people were actually drunk or not. They can still have blood drawn, but it requires a warrant. It's also my right to draw out a case just as long as I can in order to make this process as painful for the prosecutor as I can. If you want to forego your rights, you're more than welcome to, I on the other hand will not. If they don't have a warrant and are required to get one, they can suck my hairy balls. Sobriety tests, most vehicle searches, never consent to any of that shit, you're only giving them possible evidence. It's their job to convict you, not yours.

Exactly right. You are under no obligation to make things easy for a cop or prosecutor and if you think that they'll go easy if you tell on yourself.... you're an idiot. You have a Bill of Rights for a reason, however if you want to give those away to someone with the power to lock you up? Go for it.

[CexMashean]

It doesn't matter if the people were actually drunk or not. They can still have blood drawn, but it requires a warrant. It's also my right to draw out a case just as long as I can in order to make this process as painful for the prosecutor as I can. If you want to forego your rights, you're more than welcome to, I on the other hand will not. If they don't have a warrant and are required to get one, they can suck my hairy balls. Sobriety tests, most vehicle searches, never consent to any of that shit, you're only giving them possible evidence. It's their job to convict you, not yours.

All i read was "I was busted, but I'm going to do my best to not be busted."

[racrguy]

All i read was "I was busted, but I'm going to do my best to not be busted."

Yes, because not submitting to the whims of the government means you've gotten a DWI/DUI. Nigga u dum.

[CexMashean]

Yes, because not submitting to the whims of the government means you've gotten a DWI/DUI. Nigga u dum.

Says the guy who wants it to be as easy as possible for people to get that high bac and take a drive to whataburger at 2am without any fear of repercussions. You must be good friends with the guy in my signature.

[racrguy]

Says the guy who wants it to be as easy as possible for people to get that high bac and take a drive to whataburger at 2am without any fear of repercussions. You must be good friends with the guy in my signature.

Sure. Why not.


Hey, how'd that pre-planned tricycle with the troglodytes go? Owait, nvm.