Tennessee bill mandates forcible blood draw on drivers

[j706]

So, if I'm reading this correctly, they must be assuming they can justify these under exigent circumstance.
If the PC is valid, why not have the Magistrate sign off on it and remove the contoversy? Don't must PD's have a 24hr contact to a Justice for this kind of thing?
If have no issues with requiring a blood draw IF ,and only IF, the 4th Amendment is not violated.

Never heard of a 24 hour justice in Indiana. Matter of fact I have never heard of a justice here at all. After hours we call the on call prosecutor and then fax a copy of our PC to the on call judge. They in turn sign off on it and fax it back. I work 3rd's and have got search warrants in 20 minutes. Our system works pretty well.

 

[96firephoenix]

In Indiana, refusal to submit to a breathalyzer test and a blood draw is immediate incarceration and suspension of licence, is it not?

This country does need stricter enforcement of DUI/OWI/DWI/etc laws. By that I mean stricter punishments for the laws already in place, not newer stricter laws. Again, I'll point to Europe as an example of something done right. In the EU, the first DUI is a 6 month or 1 year suspension of licence and up to a month in prison. Not jail, prison. The second DUI is suspension forever and up to 6mo. in prison. None of this slap you on the wrist let you go in 2 days pay for fine sissy bull. If they really want to deter something, harsher punishments, not stricter laws, are the way to go.

 

[j706]

In Indiana, refusal to submit to a breathalyzer test and a blood draw is immediate incarceration and suspension of licence, is it not?

This country does need stricter enforcement of DUI/OWI/DWI/etc laws. By that I mean stricter punishments for the laws already in place, not newer stricter laws. Again, I'll point to Europe as an example of something done right. In the EU, the first DUI is a 6 month or 1 year suspension of licence and up to a month in prison. Not jail, prison. The second DUI is suspension forever and up to 6mo. in prison. None of this slap you on the wrist let you go in 2 days pay for fine sissy bull. If they really want to deter something, harsher punishments, not stricter laws, are the way to go.

For your first question-yes a refusal with PC will get you thrown in jail. In the county I work they no longer take the refusal stuff. They want us to get the blood draw warrant.

OWI's are one of the most frustrating things we do IMO. Back when refusals were common it was not uncommon for the person to get no suspended time. Depends on the judge. The judge that does most of the OWI's in this county's spouse was arrested for OWI. So that judge is not to hard on OWI's.

In Indiana it takes quite a few OWI convictions to get prison time. I have arrested one certain person five times for OWI (They are HTV life!) No prison time has ever been served by that clown.

 

[jsharmon7]

For your first question-yes a refusal with PC will get you thrown in jail. In the county I work they no longer take the refusal stuff. They want us to get the blood draw warrant.

OWI's are one of the most frustrating things we do IMO. Back when refusals were common it was not uncommon for the person to get no suspended time. Depends on the judge. The judge that does most of the OWI's in this county's spouse was arrested for OWI. So that judge is not to hard on OWI's.

In Indiana it takes quite a few OWI convictions to get prison time. I have arrested one certain person five times for OWI (They are HTV life!) No prison time has ever been served by that clown.

HTV and drunk...and no prison time. Well what's the deterrent for him then? Some inconvenience and some quality time with j706?

 

[Stschil]

Never heard of a 24 hour justice in Indiana. Matter of fact I have never heard of a justice here at all. After hours we call the on call prosecutor and then fax a copy of our PC to the on call judge. They in turn sign off on it and fax it back. I work 3rd's and have got search warrants in 20 minutes. Our system works pretty well.

Pretty much what I meant just wasnt sure of the actual titles.
Thanks for Thr clarifying language

 

[rambone]

It must feel good to dominate citizens and withdraw their blood against their will. Makes ya feel like a real man.

 

[signut49]

So I'm on vacation driving through TN and I have a headlight out. I get pulled over. I have my 10 year-old kid in the car. They can do a blood test on me because the kid is under 16? Is my jest of this correct?

A new law in Tennessee will require police to forcibly draw blood from drivers at the roadside, with/without consent, if they've ever had a DUI in their life, -or- if they are pulled over with a child in the car.

And if you don't let the vampires take your blood, then your driver's license will be revoked. SUBMIT!! OBEY!!


DUI bill requires blood draw in certain cases in Tennessee

 

[rambone]

So I'm on vacation driving through TN and I have a headlight out. I get pulled over. I have my 10 year-old kid in the car. They can do a blood test on me because the kid is under 16? Is my jest of this correct?

Probably if your tire crossed the solid line.

 

[bobzilla]

Justone more reason to not have ankle biters.

 

[j706]

HTV and drunk...and no prison time. Well what's the deterrent for him then? Some inconvenience and some quality time with j706?

That is my point. There seems to be no deterrence. Another example was a guy I got two times in one year. He was .23 and .28 respectively. He received probation and house arrest with a hardship DL. The very first day of his new job he was in a company van,crossed the center line and killed a man coming home from work. He was .21 and celebrating his new job!! .21 at 4pm!! When I did a search of his person before transport for a blood draw, he had his ankle monitor on. By the way, I was sitting in the court room when he received a 12 year sentence. But he had to kill someone first.

 

[signut49]

C'mon Rambone. Give me a straight answer, buddy.

Probably if your tire crossed the solid line.

 

[rambone]

C'mon Rambone. Give me a straight answer, buddy.

We don't really know. Even the article says that it is a vague law. Don't be surprised when it gets used and abused.


"It's impossible to know exactly how the statute will be interpreted, but these issues will be dealt with on a case-by-case basis by defense lawyers, prosecutors and the courts after the bill goes into effect," she said.

 

[Liberty's Teeth]

I am totally against the forcible blood draw, but if someone is convicted of a DUI then I want their license revoked for life and if they kill someone will driving intoxicated I want them hung from a tree.

 

[signut49]

Now, that's scary. You know how those VAGUE laws jump up and bite you in the a--!

We don't really know. Even the article says that it is a vague law. Don't be surprised when it gets used and abused.


"It's impossible to know exactly how the statute will be interpreted, but these issues will be dealt with on a case-by-case basis by defense lawyers, prosecutors and the courts after the bill goes into effect," she said.

 

[downzero]

Ha, seems that people here need to google "legality principle."

 

[Keyser Soze]

It must feel good to dominate citizens and withdraw their blood against their will. Makes ya feel like a real man.

This is only done when you have probable cause for an OWI charge and the suspect refuses to take a chemical test? Its not done randomly?

 

[rambone]

This is only done when you have probable cause for an OWI charge and the suspect refuses to take a chemical test? Its not done randomly?

It says nothing of chemical tests.

 

[Keyser Soze]

It says nothing of chemical tests.

A blood test to test for chemicals..a breath test to test for alcohol.
Regardless they are not done without probable cause. Its probably a three hour process for a class C misdemeanor.