TexasCHLforum.com

tbrown wrote:They used to teach this in school, but here you go. http://www.tlc.state.tx.us/gtli/legproc/diagram.html" onclick="window.open(this.href);return false;

Thank you for your amazingly informative response. Back in the Bronze Age, when I attended school, we didn't have to learn this kind of thing.

Let me ask the question another way: Why does the legislature, every session, add to the 300 or so traffic offenses that a LEO can use as probable cause for a stop? Don't they have enough already?

I remember several years ago they added "obscured license plates." A woman I worked with was stopped on something like January 2 (a day after the law went into effect) because the license plate frame that the dealer put on the car "obscured" her license plate. The ticket was a couple of hundred dollars, and she couldn't get out of it by just taking off the frame. (It was in one of those forgettable towns south of Houston, like Missouri city.)

- Jim

Who are "they"?

- Jim

A very few people may have a medical emergency—not related to alcohol or drug abuse—while driving. Most of those people would would stop and look for help.

I used to work with a guy who was a type 1 diabetic, back in the 1970s. He had an insulin crisis that mimicked intoxication while driving. He was arrested in Phoenix (Maricopa County, Arizona, which is noted for its very humane and sophisticated police). They arrested him and threw him in the drunk tank. He got medical help when one of the inmates observed that he was critically ill.

When he got out of the hospital he sued the police. He had a letter of apology signed by the police chief, framed in his office. Supposedly they added medical screening of arrestees to their practices after that.

However, if you look at some of these dashcam videos, the people are belligerent, or they pull that garbage like "I just had one beer," "Do you know who I am?" or "I pay your salary," which every cop can tell you about. Some offer bribes. People who are ill don't do those things.

I'll guess without looking it up that more than 90% of the people who have non-consent blood draws are messed up through their own intentional, voluntary actions—and if they are taken to an ER for the blood draw, they are going to be screened by medical personnel (i.e., triaged).

As for the probable cause for a traffic stop, I see someone every 55 seconds that could be pulled over for erratic driving, failing to signal a turn, speeding, "rolling stops," unrestrained infants, obscured license plates, etc. You don't even need to make an effort to look. Philosophically I don't like this, but it is the way things are now.

- Jim

I understand that the courts have upheld the procedure every time it has been challenged.

I'm not thrilled with the idea of warrants being issued all but automatically; but then I'm not thrilled with many aspects of settled law (as many of us are not).

Of course most drivers who are subject to compulsory tests are in fact intoxicated, which means they get zero sympathy.

- Jim

Every case is unique.

I've seen video of intoxicated drivers who were so obviously messed up that no breathalyzer or blood draw was necessary.

Probably the "no refusal" thing works because most of the cases where they get a warrant for a blood draw are in that category. Probably most defendants take a plea (like 90% of state misdemeanor defendants). If you see one going for a jury trial, it's likely someone with a previous conviction who is desperate to avoid jail time.

- Jim

Even if the DA just shrugs and drops all the charges, it costs the suspect/defendant several nights in jail, thousands of dollars in legal fees, and usually some embarrassment.

If anyone thinks this is a winning lottery ticket, try to find someone who received a significant settlement on a wrongful arrest that did not involve a beat-down or some kind of criminal conspiracy on the part of the police.

I don't like it, but that's the way the system works.

- Jim

PSTL*PAKR wrote:What does an illegal immigrant look like???

Not going there. Nope.

- Jim

Sure.

And drive the speed limit. And make sure your registration and inspection are up-to-date. And make sure your brake lights, turn signals, and license plate lights work. And your seat belt is buckled. And all of your passengers. And you don't look like a doper or illegal immigrant.

Did I leave out anything?

- Jim

Y'all do know this is a "zero tolerance/no refusal" weekend, right?

http://www.reporternews.com/news/2012/a ... labor-day/" onclick="window.open(this.href);return false;

So much for that pesky forth amendment thing. At least they get licensed phlebotomists or nurses for the blood draws.

Have fun, but be safe, as my mother used to say.

- Jim