It was bound to happen!

[smoothoperator]

And one night it did.
Papa came home and it was just us kids.

[talltex]

And one night it did.
Papa came home and it was just us kids.

had a dozen roses and a bottle of wine....
if he was looking to surprize us he was doing fine....

[trentwhite778]

I reeeeeaallly didn't want that song in my head this morning. Thanks a lot guys.

[PUCKER]

And one night it did.
Papa came home and it was just us kids.

had a dozen roses and a bottle of wine....
if he was looking to surprize us he was doing fine....

I heard him cry for mama up and down the hall
Then I heard a bottle break against the bedroom wall

[Keith B]

OK, enough Garth; get back on topic please.

[bizarrenormality]

That old diesel engine made and eerie sound as Papa fired it up and headed into town, until a police car pulled him over. It was a good thing he didn't drink any of that bottle of wine or he might have lost his CDL and CHL from one bad decision.

[johncanfield]

And now back to our regular programming:

The Supreme Court agreed to hear Missouri vs. McNeely. Article here in the Orlando Slantinel.

"WASHINGTON — The Supreme Court has agreed to decide whether motorists suspected of drunk driving who refuse to take a breath test can be forced to have their blood drawn at a hospital.

The ruling in a Missouri case, expected early next year, will help define the powers of the police and the rights of motorists when they are stopped for driving while intoxicated.

In most states, as a condition of obtaining a license, applicants must consent to submit to a test of their breath, blood or urine if stopped on suspicion of drunk driving. Failing to do so can mean their driver's license will be revoked. Moreover, a jury can be told their refusal to be tested is evidence of guilt.

But judges in some states have balked at going further and forcing suspects to have their blood drawn against their will. Several state high courts have deemed this an "unreasonable search" in violation of the 4th Amendment."

[recaffeination]

The OP was stopped for speeding, not for drunk driving, so the BAC testing refusal discussion is as much a thread hijack as the Garth song lyrics.

[sjfcontrol]

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

What does an illegal immigrant look like???

[johncanfield]

[The Annoyed Man]

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

I think that probably goes to the "one picture is worth a thousand words" argument. Someone might be weaving all over the road, exhibit slurred speech, and be unable to maintain their balance during a roadside sobriety test, and it could be explained either by excessive alcohol consumption, or by being actively in the process of experiencing a brain aneurism, or any combination thereof. The subject could have had one beer....hence the odor of alcohol esters on their breath....AND still be having a stroke. But, the point of this is that either way, the subject needs to be taken off the road. Of course, if he's having a stroke, one wonders if an arrest will get him life-saving medical help more or less expeditiously. Anyway, I realize that this is an extreme example, but it does point out that with a video, the fact that the driver is obviously impaired—whatever the cause—kind of puts it beyond question as to whether or not blood needs to be drawn, whether or not the subject has the right of refusal, and whether or not the officer was justified in stopping the person in the first place.

[seamusTX]

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

[tbrown]

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.

They made it that way intentionally.

[seamusTX]

Who are "they"?

- Jim

[tbrown]

They used to teach this in school, but here you go. http://www.tlc.state.tx.us/gtli/legproc/diagram.html