DUI Check Points And Demanding Council?

ItsTime said:
How once I am arrested do I not have rights to a counsel before the blood being taken?
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I seem to recall that in FL, they were gonna have judges at the ready to issue warrants for your blood at DUI checkpoints if you refused a breathalyzer.
 
specsaregood said:
I seem to recall that in FL, they were gonna have judges at the ready to issue warrants for your blood at DUI checkpoints if you refused a breathalyzer.
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They should be disbarred if they do. A warrant is to be issued on probable cause. Exercising your rights is not probably cause.

("Should" being the operative word.)
 
dannno said:
Wow, you really got fucked... wth.....
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I have had 2 DUIs in my lifetime.
The first one I was drunk,,but was not driving. I was parked and going to sleep till morning.
The second one I was not drunk, and the cops doctored the test. He was a certified dirty cop who was fired a month later.

I oppose these laws from a logical, factual and personal basis.
 
Krugerrand said:
They should be disbarred if they do. A warrant is to be issued on probable cause. Exercising your rights is not probably cause.
("Should" being the operative word.)
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Yes, well that is the operative word.
thread on the subject:
http://www.ronpaulforums.com/showth...reath-test-checkpoint-or-mandatory-blood-test
It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.
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pcosmar said:
I have had 2 DUIs in my lifetime.
The first one I was drunk,,but was not driving. I was parked and going to sleep till morning.The second one I was not drunk, and the cops doctored the test. He was a certified dirty cop who was fired a month later.

I oppose these laws from a logical, factual and personal basis.
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Was the vehicle running and/or did you have possession of the keys to the vehicle and/or were you in the driver's seat?
 
LedHed said:
Was the vehicle running and/or did you have possession of the keys to the vehicle and/or were you in the driver's seat?
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The car was not running and the engine was cold (several hours cold).
Of course I had the keys. It was my fuckin' car. And yes I was in the seat going to sleep. the trunk is cramped.

I was NOT Driving. The car was NOT running and had very obliviously not been for some time.
 
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pcosmar said:
The car was not running and the engine was cold (several hours cold).
Of course I had the keys. It was my fuckin' car. And yes I was in the seat going to sleep. the trunk is cramped.

I was NOT Driving. The car was NOT running and had very obliviously not been for some time.
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Then you were busted by intent - "obliviously."

If you didn't have the keys, then you would have been unable to start and operate the vehicle. Lack of means/intent.
 
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pcosmar said:
The car was not running and the engine was cold (several hours cold).
Of course I had the keys. It was my fuckin' car. And yes I was in the seat going to sleep. the trunk is cramped.

I was NOT Driving. The car was NOT running and had very obliviously not been for some time.
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Ya I don't necessarily agree with the laws in the first place, but beyond that I don't see any reason why someone shouldn't be able to turn the battery of the car on to say, listen to the radio.. as long as the engine isn't on they aren't going anywhere..
 
LedHed said:
Then you were busted by intent - "obliviously."

If you didn't have the keys, then you would have been unable to start and operate the vehicle. Lack of means/intent.
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If I didn't have the keys I would not have been able to drive it there and park it.
How fuckin' stupid are you.

Nor would I have been able to drive it later in the morning when I was sober.
I made the choice not to drive. That was my mistake.

My "intent" was to sleep.
 
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specsaregood said:
Well in that case, if you own a gun you should be prosecuted with attempted murder. Since you have the means to shoot somebody.

trolling is fun, eh?
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There are distinct differences, but I'm learning not to try and explain (or even discuss sometimes) things beyond a certain point to some here, since they wouldn't get it anyway.
 
pcosmar said:
Nor would I have been able to drive it later in the morning when I was sober.
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My "intent" was to sleep.
How'd that work out for ya?

If I didn't have the keys I would not have been able to drive it there and park it.
See? Now that's funny!!!

How fuckin' stupid are you.
"Obliviously" smarter than you it would seem. I wasn't the one who got busted for DUI.

I made the choice not to drive. That was my mistake.
Can't argue with THAT "logic!" ;)
 
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LedHed said:
There are distinct differences, but I'm learning not to try and explain (or even discuss sometimes) things beyond a certain point to some here, since they wouldn't get it anyway.
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I'd like to hear what those distinct differences are. As far as I'm concerned a car without keys in the ignition is like a gun that is not loaded. A car with keys in the ignition that is not running is like a loaded gun with the safety on. A car with the engine running would be the equivalent of a loaded gun without the safety on..

Yet NONE of those things prove the motivation of the person who is in the car.

BTW it is appearing that you're going to be banned before not too long.
 
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LedHed said:
You have the means, motive, and opportunity to look them up like anyone else, so look em up.
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No, you have said there are differences between a person with a gun being charged with attempted murder simply for having the gun, and a drunk person being charged for attempting to drive a car simply for using it as a bed. You are the one with the responsibility to explain the differences.
 
Sorry to disappoint you. Just because you don't understand a concept or you refuse to do a little research doesn't place me under any obligation or responsibility to do it for you. :)
 
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