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Thread: "No refusal" DUI checkpoints could be coming to Tampa

  1. #71
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by MaggieD View Post
    Illinois has had checkpoints for years. Refusal to take a breathalizer means a 6-month license suspension. They don't need no stinkin' blood tests. Sounds like other states are behind the curve.
    Florida already has checkpoints and automatic license suspension for refusing a breathalyzer (I think it is one year), we are not behind the curve, we are lapping you.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by marduc View Post
    Florida already has checkpoints and automatic license suspension for refusing a breathalyzer (I think it is one year), we are not behind the curve, we are lapping you.
    Normally they even tell you were the check points will be

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Deuce View Post
    What innocent person would refuse having their vehicle or home searched, at any time of day? Surely that's probably cause.

    Or maybe this "if she's not a witch she's float" scenario is a bad idea.
    Umm.. no. Not the same thing, not at all. In the one case you are blowing into a tube. In the other, your privacy is being invaded. There is no reason other than intoxication to refuse to share your exalations. Why else would you be private about the air you are exhaling?
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Dittohead not! View Post
    There is no reason other than intoxication to refuse to share your exalations.
    Incrimination, due process, probable cause.... ring a bell? I don't drink and drive, and oppose DUI checkpoints as they are currently being implemented.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Travelsonic View Post
    Incrimination, due process, probable cause.... ring a bell? I don't drink and drive, and oppose DUI checkpoints as they are currently being implemented.
    How would you implement them?
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Phoenix View Post
    Full Story HERE


    Street Judges? Reminds me of Judge Dredd. "I AM the law"
    Seems like this should violate some type of separation of powers. I also wonder what constitutes "reasonable suspicion" to take the blood since this is a checkpoint situation. Many times refusal constitutes "reasonable suspicion" which is bogus.
    I believe checkpoint are unconstitutional period. This IMO is another example of the American people are tolerant of an unconstitutional practice because it has become the norm and it is "for the public safety" or "the greater good". Now the government takes that practice to another level to see if they can get away with it also.
    Texas has had them for some time, and in Texas, if you refuse a breath test, they take you to a hospital or clinic, strap you into a gurney (the same kind used for lethal injections), and draw your blood. Last night (New Year's Eve), they had them going full force, and made LOTS of arrests. How else do you think they can afford to pay for all those helicopters and crime labs? It's a pyramid scheme of sorts. If you are poor or middle class, you get thrown into the pyramid, and then you get sucked dry of your money. If you don't have money, then you go into the plantation jail, or even prison, system here, where people work their asses off, and the state or county makes one hell of a profit from it. You know, I had no idea that this kind of money making machine even existed until I got my own DWI, which I am still on probation for. Now don't get me wrong. I broke the law, and deserved what I got, but this experience opened my eyes to what the court system in Texas is doing. IMHO, the judicial system, along with the police departments, ARE crimes. That's what they have become. Justice in Texas is all about the money now, and how to wring as much of it as they can out of the citizenry, and nothing more. There is no justice here. The president of the Houston chapter of MADD was arrested for DWI, and so was a judge known as the hanging judge for drunk drivers. Both got off with nothing more than a slap on the wrist. If you are rich or important, that's what you get. If you are not, then they go medieval on you, until they have sucked every penny you have from you. Class warfare? You bet your ass it is. Even so, I am not complaining about my punishment. That opened my eyes too. I won't drive after drinking beer any more, and that just might save me a lot of grief. After all, I don't want to die, nor do I want to end up killing someone else either, but drinking and driving is a good way to end up doing both. So I'll take my sentence and learn from it.
    Last edited by danarhea; 01-01-11 at 09:06 AM.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Phoenix View Post
    maybe someone spilled a beer on you and you smell like alcohol. We could give a hundred examples. i shouldn't be forced to give my blood period. Do you have to give your blood as a truck driver?
    But there would still be probable cause. If the checkpoints simply ascertain if a person may have been drinking or not with no intrusion, I have no problem with it and it isn't constitutional. If the police officer determines through your actions or your breath that there is probable cause that you may be driving drunk, there is no problem with the breathalyzer or blood test...
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by danarhea View Post
    I won't drive after drinking beer any more, and that just might save me a lot of grief. After all, I don't want to die, nor do I want to end up killing someone else either, but drinking and driving is a good way to end up doing both. So I'll take my sentence and learn from it.
    +1 I am glad you learned from the experience. Sadly, so many do not and are repeat offenders. The fatal and permanent nature of injuries and deaths caused by driving while intoxicated has necessitated some of these somewhat extreme measures. It seems like some states ARE going overboard, but it wouldn't be necessary if it wern't for the irresponsible minority who are KILLING people...

    That being said, I support check points in which the officer is initially non-invasive and lets you go on your way if you show no signs/probable cause of being intoxicated. If there is alcohol on your breath or the officer can smell alcohol in the car (or obviously sees an open can/cup/bottle of alcohol) there is probable cause and I completely support breathalyzers/blood tests in such situations. I see nothing unconstitutional about that...
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by ludahai View Post
    +1 I am glad you learned from the experience. Sadly, so many do not and are repeat offenders. The fatal and permanent nature of injuries and deaths caused by driving while intoxicated has necessitated some of these somewhat extreme measures. It seems like some states ARE going overboard, but it wouldn't be necessary if it wern't for the irresponsible minority who are KILLING people...

    That being said, I support check points in which the officer is initially non-invasive and lets you go on your way if you show no signs/probable cause of being intoxicated. If there is alcohol on your breath or the officer can smell alcohol in the car (or obviously sees an open can/cup/bottle of alcohol) there is probable cause and I completely support breathalyzers/blood tests in such situations. I see nothing unconstitutional about that...
    Then it should also be good enough for the president of the Houston Chapter of MADD. She is also a drunk driver, but didn't have to go through what everybody else has to. Like I said, there are 2 standards of justice in Texas. One for the rich and important, and one for everybody else.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Simply driving a car at 2 AM is not cause for reasonable suspiscion. This **** needs to stop.
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