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Old 12-16-2008, 03:26 PM   #41
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I don't either. I still ain't blowing into a tube though. They can tow my beater and take me DT.
and that is a choice that you make... but don't say they didn't have probable cause. if policy allows them to breath test you when you get pulled over then I'll let them do it... i shouldn't have been breaking the law to get pulled over in the first place
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Old 12-16-2008, 03:28 PM   #42
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I am guessing everybody on here believes every cop is going to act in accordance to the law?
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Old 12-16-2008, 03:29 PM   #43
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and that is a choice that you make... but don't say they didn't have probable cause. if policy allows them to breath test you when you get pulled over then I'll let them do it... i shouldn't have been breaking the law to get pulled over in the first place
I hear ya. But IMHO PC is when my breath smells like Rum & Coke (Mmmmm, Rum & Coke) or when I say "No, Ociffer I haven't been drinking". Not a broken TL.

But. The more drunks off the road the better. I'm driving home at 3-4 AM every Saturday night. I see plenty of 'em.
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Old 12-16-2008, 03:34 PM   #44
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I am guessing everybody on here believes every cop is going to act in accordance to the law?
Your right, its just odd that cops seem to break the law on those breaking the law, it just ain't right is it.
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Old 12-16-2008, 03:43 PM   #45
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I hear ya. But IMHO PC is when my breath smells like Rum & Coke (Mmmmm, Rum & Coke) or when I say "No, Ociffer I haven't been drinking". Not a broken TL.

But. The more drunks off the road the better. I'm driving home at 3-4 AM every Saturday night. I see plenty of 'em.
when i see 'em, i call 'em in. I love seeing drunks get pulled over!!
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Old 12-16-2008, 03:45 PM   #46
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The way I see it, alot of cops out there are gonna try to bend the rules a little bit in order for it to work for them.


But if your doing absolutely nothing ILLEGAL, then there really should be no reason a cop should be fcking with you.....


Like candy with the whole cop deal being downtown. If a cop had his lights on and used his PA to say "Hey you on the motorcycle in the black jacket, with black hair, pull over" or whatever, then she probably would'a thought "OH !!" I think he means me. Then gone from there...

(Disclaimer: This is just purely an example)
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So is refusing to give it up.

If you keep looking in the pantry and finding out its empty, eventually you go to a restaurant.
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Old 12-16-2008, 03:48 PM   #47
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Old 12-16-2008, 03:49 PM   #48
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the facts still remains...drunk drivers kill people.

I have no respect for someone that gets behind the wheel drunk. I don't care how "AWARE" you think you are.

I think you are lucky if you ONLY go to jail for a night for drinking and driving.

Think for one second...how would your life be if you feel asleep, swerved, hit and killed someone?
Trust me Joy, at that moment and time, the alky-haul is doing the thinking for them....
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So is refusing to give it up.

If you keep looking in the pantry and finding out its empty, eventually you go to a restaurant.
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Old 12-16-2008, 03:52 PM   #49
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Old 12-16-2008, 03:54 PM   #50
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I don't care what anyone says....I've been so freaking drunk I puked my entire night away...I still KNEW what was going on around me and knew not to drive.....that is until I passed out, which at that point I'm pretty sure I wasn't getting in a car and taking off on my own, more or less MOVING period.

People still make choices drunk or sober.

I've lost 2 friends to drunks, one in HS and one in college. For their sake I will never side with a drunk....nor feel sorry for them.
You've been drunk before?

Noooo....please say it aint so?
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So is refusing to give it up.

If you keep looking in the pantry and finding out its empty, eventually you go to a restaurant.
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Old 12-16-2008, 04:00 PM   #51
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Old 12-16-2008, 04:28 PM   #52
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yes I have heard of this.
just because you have had a drink does not mean the officer has the right to ask you to submit to a breathanalyzer.
you people are missing out on a lot of information, since most of you aren't former police officers.

if an officer asks you if you have had anything to drink and you reply that yes you have, he only now has reasonable suspicion and can begin further investigation. he does not automatically have the right to ask you to submit. he must speak to you and take note of your behavior. he can then ask that you submit to a feild sobriety test, including the horizontal gaze nystagmas, balance test, ect. if during this time he believes you are incapable of operating a motor vehicle or have had more drinks per hour for your body weight than could be ingested without causing you to be at or over .08 BAC, then he can arrest you and take you to a facility with a breathanylizer machine and licensed attendant.
just BAC testing every single person will back up the line at the PD to a huge amount, it will take officers off the street, and may cause more of a pain than good. you can play the what if game all day if you want and got no real results, it's just speculation. but giving up normal rights for "just a bit" and expecting them back is foolish. if you never did this job, you are speculating out of your .
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Old 12-16-2008, 04:38 PM   #53
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I have no problem with checking everyone who gets pulled over for alcohol as a standard operating procedure. By not allowing this, who are we protecting? Kinda like a checkpoint for illegals near the border. Or being checked for ID when buying a beer.
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Old 12-16-2008, 04:59 PM   #54
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Anatomy of a DWI “no-refusal weekend”
How Harris County police and prosecutors are cooperating to curb DWIs
By Warren Diepraam, Assistant District Attorney in Harris County

Texas is the deadliest state in the nation when it comes to DWI fatalities. Texas statutes designed to decrease the carnage on our roads have been effective to a degree, but many measures seem to have limited success in further curbing the number of deaths. Public perception of how these crimes should be prosecuted has fallen victim to the “CSI effect”; jurors now have a somewhat glamorous view of what evidence is needed in a DWI prosecution. And the refusal of many DWI suspects to provide a scientific or chemical sample to a law enforcement agency after a DWI arrest is a significant problem in ensuring justice in Texas courts.

Theoretically, every person stopped for DWI in Texas should provide a chemical sample to a law enforcement officer. All Texas drivers have impliedly consented to provide a sample of breath or blood when it is lawfully requested by a police officer making a DWI arrest.1 However, roughly half of suspects refuse to provide a sample.2 For suspects, there are collateral consequences for refusing to provide a sample, such as administrative license suspensions,3 and for prosecutors, there are evidentiary consequences, such as admissibility of the subject’s refusal as evidence of guilt.4 Although these consequences are evident, the number of DWI arrestees refusing to provide a chemical sample has remained at roughly 50 percent.5

As a result, some law enforcement agencies and prosecutors’ offices have begun to use search warrants to obtain blood samples when suspects refuse to submit to a breath test. We in the Harris County DA’s Office have formed a Vehicular Assault Team (VAT) to focus our energy on such cases, and earlier this year we established a new program, called “no-refusal weekends,” to ensure a breath or blood sample from every suspect pulled over for suspected DWI, full prosecution of these offenders, and, more importantly, to decrease the numbers of fatalities over holidays.

In Harris County, there have been an inordinate number of traffic fatalities during certain holiday periods when alcohol consumption increases: Memorial Day, Halloween, Christmas, etc. This has been noted as a nationwide trend and is addressed by NHTSA and others in both advertising and public information campaigns and in high intensity patrol or checkpoint programs. The loss of life associated with these dates causes a tremendous amount of grief to survivors for the remainder of their lives. A holiday season that should otherwise be festive suddenly becomes a reminder of death and tragedy. To combat this circumstance, we created a plan of action for a “no-refusal weekend” over Memorial Day, and took our idea to Chuck Rosenthal, our district attorney, who has been very supportive of our efforts to combat driving fatalities and who quickly gave us approval to proceed.

Due to the overwhelming number of DWI cases in Harris County,6 we came up with procedures to streamline the process, to ensure both adequate handling of evidence and protection of suspects’ rights. Rather than have the arresting officer take the subject to one location to draft the warrant, then to a hospital or fire station to execute the warrant, we decided that all parties would be at one central facility and that normal DWI booking procedures should be followed. We also knew we’d need more help.

We discussed the “no-refusal weekend” concept with a local judge, Mike Fields of County Criminal Court No. 14, who volunteered to review the warrants for blood; local and national MADD representatives agreed to hire and pay for a nurse, Angela Biddle;7 and Paul Lassalle, the Houston Police Department DWI/Task Force liaison officer, handled the entire blood collection process after the suspect was released to him. I decided that we would need three prosecutors at the site to talk to the officers, prepare the warrants, and have them reviewed by a judge. Eric Kugler and Craig Feazel, both VAT members, joined me that night. Separating the workload minimized training of the arresting officers, who simply followed their normal routine.

Because the no-refusal weekend was a first for Harris County, we did not want to create additional evidentiary concerns. Primarily, we decided to ensure the admissibility of other evidence, such as the refusal and the station video, by following standard DWI procedure: The arresting officer would bring the offender to the Houston Police Department Central Intoxilyzer Facility (Central Intox). The officers would then be instructed to follow normal protocol, such as reading the statutory warning to the suspect, either obtaining a refusal or a breath sample, then videotaping the suspect. Therefore, if any problem arose with the warrant or the blood sample, the refusal and the video would be unaffected. When suspects refused to provide a sample, they were brought into another room that had been sanitized to hospital standards and quarantined so that access by others was limited. Although there is no requirement that the room be sanitized, as there is with a mandatory blood draw sample, we decided it would be better to follow this approach.8 The entire process was videotaped, from the reading of the statutory warning to the blood draw, which was important to minimize suspects’ claims of coercion or failing to follow proper procedures, and we catalogued any statements for trial.

The search warrant was drafted in template form prior to the weekend, and Eric Kugler reviewed it.9 Its purpose was to speed the process of drafting the warrant to ensure that the blood sample was obtained as close as possible to the time of driving. (A prosecutor could also use a warrant from the TDCAA book by Richard Alpert, DWI Investigation and Prosecution.) A copy of the template warrant was then stored on the Houston Police Department DWI computers.

As Memorial Day approached, the people and procedures were in place. With preventing fatalities as our focus, we held a press conference whereby our DA, Chuck Rosenthal; Officer Lassalle; and a MADD representative announced that every person arrested for DWI over the weekend and who refused to provide a chemical sample would have a blood sample taken. We tried to get the word out as much as possible.

Unfortunately, many people failed to take notice of the announcement, and the first suspected drunk driver was soon brought to Central Intox. The officers had been previously instructed not to alter their normal process to minimize any admissibility issues with the refusal.10 We had a quick turnaround on the warrants, which was due to our preparation beforehand; additionally, having prosecutors and officers in the same room to discuss the details of the arrest for the warrant template was beneficial. (Contact between the suspect and the prosecutor drafting the warrant was kept to a minimum.) The prosecutor then faxed the warrant to the judge and called him via telephone. The officer would be sworn to the warrant, and the judge would sign the warrant and fax it back to Central Intox. A copy of the signed warrant was presented to the suspect with an admonishment that the police officer executing the warrant had authority to enlist civilians to obtain the evidence.11 At that point, the nurse would use a Betadine swab to prep the area and the blood sample was drawn.12 Although the results would not be available for a week pending analysis, the prosecutors working at Central Intox would accept charges on the case as a DWI Refusal. The entire process involving the suspect was documented by using one videotape for later use by the trial prosecutor and the lawyers defending the suspect.

Although the officers were reasonably attentive at following the protocol and not forewarning the suspect, the impaired suspects were probably not as quiet. A total of 12 blood samples were obtained that night, and three-quarters of them provided breath samples (up from the approximate 50-percent nightly average). The 25-point increase could have been a result of the arrestees communicating with each other or, theoretically, it could have been a coincidence. Therefore, long-term analysis of the compliance rate will be analyzed when the program has sufficient numbers. One thing is certain: On that particular night, every person arrested and processed at Central Intake provided a chemical sample one way or the other.

When the suspects appeared on the various dockets, a package was prepared and delivered to the trial court prosecutors. This package included a certified copy of the arrest warrant, a sanitization certificate with a business records affidavit, a chain of custody statement with a business records affidavit,13 and a caselaw/statutory citation packet that included court holdings and statutes on issues that may be raised by defense lawyers. After all blood and breath test results were obtained, they were also forwarded to the prosecutors.
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Old 12-16-2008, 04:59 PM   #55
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Of the 12 people arrested that night who went through the warrant process, 10 tested well above the statutory limit in Texas:14 Results varied from 0.118 to 0.321, with an average of approximately 0.21! Of the two people who tested under the statutory limit, one tested at 0.073 but had also consumed additional impairing substances, thereby justifying the officer’s arrest decision.

The other suspect, an immigrant laborer, received a result of 0.061 with no additional impairing substance in his system. This person would have been handled as a refusal and most likely would have been taken to trial. Although there is no presumption of sobriety for suspects testing below a 0.08 (and all results at or below this level should also be evaluated under the “loss of normal use” definition of intoxication), this person’s case was dismissed. Therefore, one person who may have been convicted was exonerated as a result of this process. The exoneration of suspects is also a noteworthy goal of this program, although from this period it appears that the officers’ arrest decisions were highly accurate.

The program was an overwhelming success. Police officers built stronger cases without having to do increased paperwork; prosecutors received evidence that should result in appropriate verdicts and sentences; criminal defendants are theoretically receiving a better evaluation of their cases from their lawyers; one underprivileged defendant was exonerated; and the public obtained a streamlined and efficient process to ensure strict compliance with DWI laws.

As far as the future goes, we will continue the program, which should be in effect for every major holiday this year with a final study of results and refusal rates. The limited scope of the Memorial Day event, which was a test run with one law enforcement agency and one intake facility, will be expanded to include all law enforcement agencies, thus necessitating greater cooperation between police, prosecutors, and medical personnel to properly staff the extra facilities. In addition, local judicial personnel will have to enact procedures to ensure orderly and timely handling of these warrant requests. The future looks good because several agencies have already expressed their desire to participate, and judges are aware that the use of search warrants for blood samples will likely increase, as will the number of DWI cases.

But the public will benefit the most from this aggressive response to intoxicated driving: safer roads and better prosecutions.
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Old 12-16-2008, 06:54 PM   #56
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Old 12-16-2008, 07:14 PM   #57
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NO I had not heard that they were going to be running the program again this holiday. and as far as it goes I'll give blood I don't trust breathalyzers(sp) I've had them show incorrect a time or 2 and no not recently cause I don't comsume alchohoic beverages and operate any vehicle ever period!
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Old 12-16-2008, 07:57 PM   #58
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people seem to think that driving is a right...not a privilege. I am all for anyone on the road being subject to verification of them drinking or not. Where I grew up they often had DUI checks at choke points around the island. ALl that meant is everyone who passed through that checkpoint had a cop at least greet them and shine a light in their face. If anything was amiss they pulled you over for a field sobriety test.
If you turned around before you got to the check point and tried to drive away you get pulled over, field sobriety test, and car searched as well. Usually arrested for possession or DUI as well.

screw the drunk drivers they deserve jail time.
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Old 12-16-2008, 09:12 PM   #59
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^^^^^^^^
Warren Diapraam, the Asst DA that wrote the article listed above is out to make a name for himself. He has the right intentions but is overly aggressive in prosecuting some cases. We are going back and forth right now on a case that I have with him.

Drunk driver is going the wrong way on a hwy and kills a couple in a car. The drunk lives, but just barely. He is barely conscious and is non responsive and will be a vegetable for the rest of his life. I went to interview him after 6 months and he just stares and drools at me. I don't feel sorry for the guy, but i do feel for his family because I have spoken to his parents on several occasions. ADA Diapraam still wants to prosecute this guy on a murder charge. He cant even enter a plea....He cant even speak to a lawyer...so how can he even be fit to stand trial?
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Old 12-17-2008, 03:18 PM   #60
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Quote:
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Of the 12 people arrested that night who went through the warrant process, 10 tested well above the statutory limit in Texas:14 Results varied from 0.118 to 0.321, with an average of approximately 0.21! Of the two people who tested under the statutory limit, one tested at 0.073 but had also consumed additional impairing substances, thereby justifying the officer’s arrest decision.

The other suspect, an immigrant laborer, received a result of 0.061 with no additional impairing substance in his system. This person would have been handled as a refusal and most likely would have been taken to trial. Although there is no presumption of sobriety for suspects testing below a 0.08 (and all results at or below this level should also be evaluated under the “loss of normal use” definition of intoxication), this person’s case was dismissed. Therefore, one person who may have been convicted was exonerated as a result of this process. The exoneration of suspects is also a noteworthy goal of this program, although from this period it appears that the officers’ arrest decisions were highly accurate.

The program was an overwhelming success. Police officers built stronger cases without having to do increased paperwork; prosecutors received evidence that should result in appropriate verdicts and sentences; criminal defendants are theoretically receiving a better evaluation of their cases from their lawyers; one underprivileged defendant was exonerated; and the public obtained a streamlined and efficient process to ensure strict compliance with DWI laws.

As far as the future goes, we will continue the program, which should be in effect for every major holiday this year with a final study of results and refusal rates. The limited scope of the Memorial Day event, which was a test run with one law enforcement agency and one intake facility, will be expanded to include all law enforcement agencies, thus necessitating greater cooperation between police, prosecutors, and medical personnel to properly staff the extra facilities. In addition, local judicial personnel will have to enact procedures to ensure orderly and timely handling of these warrant requests. The future looks good because several agencies have already expressed their desire to participate, and judges are aware that the use of search warrants for blood samples will likely increase, as will the number of DWI cases.

But the public will benefit the most from this aggressive response to intoxicated driving: safer roads and better prosecutions.

Thanks!
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