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Old 03-18-2013, 10:53 PM   #1
mrdonkhan
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Blood Test

I don't know how long it's been the law but, I found out today that if you refuse a blood test to check for alcohol, your Driver's License will be suspended.

I understand the reasoning behind it but, I feel it is still a violation of the Constitution as we are all innocent until proven guilty in a court of law.

Fire away everyone
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Old 03-19-2013, 01:35 AM   #2
Reapp
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It's called implied consent, it's been the law since 1995 at least. There is no Constitutional violation as driving is a privilege, not a right. A refusal also can be used as evidence of guilt in a court of law.
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Old 03-19-2013, 06:06 AM   #3
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Originally Posted by mrdonkhan View Post
I don't know how long it's been the law but, I found out today that if you refuse a blood test to check for alcohol, your Driver's License will be suspended.

I understand the reasoning behind it but, I feel it is still a violation of the Constitution as we are all innocent until proven guilty in a court of law.

Fire away everyone
Furthermore, the policy with most law enforcement agencies in Burnet and LLano counties is that if you refuse, and if you are arrested for DWI (refusing does not necessarily mean you will be arrested), the officer will get a search warrant to have blood drawn.

Drink-Drive-Bleed.
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Old 03-19-2013, 04:22 PM   #4
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I all for getting drunks off the road.

It is debatable weather driving is a "Right" or a "Privilege". I know law enforcement view it as a "Privilege" as do most people. I tend to agree but, I found through research that in US Court rulings that it is "Right".

Here is a good link that argues this point - http://archuletacountyguard.org/right-2-drive-1.html

If it is easy to get a court order to draw blood why do you need to ask the person to draw blood. I do not think the person should be punished for exercising his 5th Amendment Rights.

Not all DWI/DUI arrests are convicted.

A person can be arrested for DWI/DUI without failing a breathalyzer or blood test but just the word of an officer. I know that an officer has had training on how to spot a drunk but the person could have a physical situation or emotional situation that might lead to his failing any test the officer gives.

We are all human. We all make mistakes. If I make a mistake, I try my best to make up the damage to that person. I do not justify my mistake but try to take full responsibility. That way I hopefully will not do that again.

We give a lot of power to people to keep us safe. "With great power comes great responsibility".

I'm just rambling now.

Food for thought.
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Old 03-19-2013, 08:34 PM   #5
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The website you posted is just one of the hundreds of "sovereign citizens" sites, therefore it has no credibility.

When you obtain your drivers license you agree to provide a breath or blood specimen when requested, if you do not your driving privilege is revoked. As an example, a police officer can have your blood drawn if you are unconscious as you cannot revoke the consent you gave when you applied for your license (Note: you must be under arrest for implied consent to be triggered, you do not have to be conscious to be placed under arrest.) In Burnet County, a search warrant will be sought after you refuse to provide a specimen and your blood will be drawn. It would really shock you if you knew the average blood alcohol content of the DWI arrests in Marble Falls...

There is no "mistake" made when someone drinks and drives or is otherwise impaired while operating a motor vehicle, it is a decision they made that they will have to answer for if caught.
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Old 03-19-2013, 11:19 PM   #6
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Wow those "sovereign citizens" are nuts. I never heard of them before.

My point is that driving may not be a "right" but having a license can be vital to that person's livelihood thus his pursuit of life, liberty and happiness and taking it away without due process is violating the 14th Amendment.

I'm sure Reapp has some horror stories of drunks on the road and I am thankful that he got some of them off the road as it probably saved my life or lives of my friends.
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Old 03-19-2013, 11:41 PM   #7
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My apologies if I didn't explain the license suspension fully; the arrested driver does have due process before they lose their license. When the officer serves them with the Notice of Suspension, they have 15 days from that date to request a hearing before an administrative law judge and plea their case to try and keep their license.
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Old 03-20-2013, 02:39 PM   #8
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Thank you for clearing that up Reapp.
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Old 03-21-2013, 05:58 AM   #9
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[QUOTE=mrdonkhan;16293
My point is that driving may not be a "right" but having a license can be vital to that person's livelihood thus his pursuit of life, liberty and happiness ....[/QUOTE]

Now THERE is a good reason not to drink and drive!
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Old 03-30-2013, 12:09 AM   #10
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Check out Eddie Craig and take his classes....in fact check out all of Rule of Law Radio

http://ruleoflawradio.com/

Last edited by Dandroid; 03-30-2013 at 12:11 AM.
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Old 03-30-2013, 05:46 AM   #11
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As if on cue...
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Old 03-30-2013, 07:56 PM   #12
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Check out Eddie Craig and take his classes....in fact check out all of Rule of Law Radio

http://ruleoflawradio.com/
Thanks for the link. It helps others who want to know the truth of whats really going on and need to wake the heck up.. .. Another good link is www.Drawaline.org . Hosted by Gerry Donaldson. He also hosts a show on Blog Talk Radio that,s called Our Constitution Foundation and principals and is on every Tuesday night at 8 pm to 10 pm.
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Old 03-31-2013, 08:18 AM   #13
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Thanks for the link. It helps others who want to know the truth of whats really going on and need to wake the heck up.. .. Another good link is www.Drawaline.org . Hosted by Gerry Donaldson. He also hosts a show on Blog Talk Radio that,s called Our Constitution Foundation and principals and is on every Tuesday night at 8 pm to 10 pm.
Looks like great info, If you ever get a chance to attend one of Sheriff Richard Macks seminars I highly suggest it.
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Old 04-01-2013, 09:06 AM   #14
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Looks like great info, If you ever get a chance to attend one of Sheriff Richard Macks seminars I highly suggest it.
I have not yet attended his seminars but I have talked with him on the phone when he was a guest on Gerry Donaldsons btr show.. Top notch guy.
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Old 04-01-2013, 02:15 PM   #15
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As if on cue...
Just here to help..here are a few other fantastic links and info

http://sheriffmack.com/

http://cspoa.org/

http://www.constitutionalsheriffs.com/
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Old 04-14-2013, 10:50 AM   #16
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I have not yet attended his seminars but I have talked with him on the phone when he was a guest on Gerry Donaldsons btr show.. Top notch guy.
countryboy,

Here is a video of Eddie Craig...he holds his class today, Sunday, at Brave New Books from 2 to 6. Eddies big push is due process but covers much much more. Hope to see you there sometime.

http://www.infowars.com/special-repo...t-you-to-know/

http://www.bravenewbookstore.com/
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Old 06-13-2013, 02:02 PM   #17
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I grew up in Houston, one of the jobs I had working my way through school was as an E-Tag wrecker driver - that is basically an emergency response vehicle as we worked with PD, FD & EMS responding to accident sean's. After 10 pm most of these were alcohol & drug related, after over a year of witnessing the pain, suffering & death from the decision to do so I developed a ZERO TOLERANCE for driving under the influence of ANYTHING. After moving to the Hill Country I volunteered with the KVFD & Llano County EMS as a first responder ~ It was Deja Vu
If it was up to me the punishments for DUI would be doubled.....fb
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