Kpdpipes
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Registered: 11/30/06
Posts: 1,575
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Reply with quote | #11 |
Quote: Originally Posted by NJGasguyQuote: Originally Posted by Kpdpipes
Deuces Tecum?? or something like that i forget the spelling
We have a winner!
We just did one not too long ago.. bad situation.
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Joe
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Registered: 05/15/06
Posts: 719
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Reply with quote | #12 |
You can use force. Just what is necessary to get the sample.
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Code3
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Registered: 01/22/09
Posts: 55
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Reply with quote | #13 |
When somone refuses blood, have the hospital take it by force. By signing for your license you consent to the giving of samples of blood breath and urine. Remeber driving is a PRIVLEDGE not a right. Sadly our ass backwards liberal state believes everyone is good and noone refuses to give samples of breath so they design a system of DUI based soley on the giving of breath samples. Go NEW JERSEY!!! In some states they are teaching cops to draw blood for situations like this. We will never get that. |
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ineedanewjob
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Registered: 08/20/07
Posts: 116
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Reply with quote | #14 |
Quote: By signing for your license you consent to the giving of samples of blood breath and urine.
That isn't true. When someone signs their license, they are consenting to the taking of their breath.... nothing about blood. Read the case law, you can use force to take blood, but it has relative to the offense. If someone refuses to give a breath sample they can not be taken to the hospital just to get a blood sample.
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nasa808
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Registered: 05/30/05
Posts: 4,022
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Reply with quote | #15 |
TRY TELLING THAT TO THIS DEPARTMENT I KNOW ABOUT.. IF YOU REFUSE TO BLOW, THEY TAKE YOU TO THE HOSPITAL TO TAKE BLOOD. TALK ABOUT ASS BACKWARDS.
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IN LOVING MEMORY OF MY BROTHER T.FRANKLIN #4637...YOU WILL ALWAYS BE IN MY HEART AND IN MY THOUGHTS!!!
" I WANT TO GO TO WORK EACH DAY AND HELP PEOPLE. I WANT TO COME HOME EACH NIGHT AND FEEL GOOD ABOUT WHAT I'VE DONE "
P.O RUSSEL TIMOSHENKO ( RIP ) |
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TheHeckler
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Registered: 11/11/04
Posts: 512
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Reply with quote | #16 |
To physically restrain someone to take a blood sample could be dangerous for the person trying to take the sample and the subject getting the blood drawn. Ripping a vein is a law suit waiting to happen and very likely when dealing with a belligerent drunk.
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NJLawman Original |
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Joe
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Registered: 05/15/06
Posts: 719
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Reply with quote | #17 |
Boohoo... driving around bombed is dangerous. Don't resist and your arteries remain intact. I will sit on your face if necessary.
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Kpdpipes
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Registered: 11/30/06
Posts: 1,575
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Reply with quote | #18 |
Quote: Originally Posted by ineedanewjobQuote: By signing for your license you consent to the giving of samples of blood breath and urine. That isn't true. When someone signs their license, they are consenting to the taking of their breath.... nothing about blood. Read the case law, you can use force to take blood, but it has relative to the offense. If someone refuses to give a breath sample they can not be taken to the hospital just to get a blood sample.
Actually we have caselaw here in NJ that specifically PROHIBITS taking blood by force. Other states do not, other states also have blood included in their Implied Consent laws.
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nasa808
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Registered: 05/30/05
Posts: 4,022
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Reply with quote | #19 |
YOU SURE ABOUT THAT BROTHER.. FROM MY UNDERSTANDING YOU CAN
( NJ VS WOOMER ). PLEASE CORRECT ME IF I AM WRONG.
__________________
IN LOVING MEMORY OF MY BROTHER T.FRANKLIN #4637...YOU WILL ALWAYS BE IN MY HEART AND IN MY THOUGHTS!!!
" I WANT TO GO TO WORK EACH DAY AND HELP PEOPLE. I WANT TO COME HOME EACH NIGHT AND FEEL GOOD ABOUT WHAT I'VE DONE "
P.O RUSSEL TIMOSHENKO ( RIP ) |
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Kpdpipes
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Registered: 11/30/06
Posts: 1,575
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Reply with quote | #20 |
Quote: Originally Posted by nasa808
YOU SURE ABOUT THAT BROTHER.. FROM MY UNDERSTANDING YOU CAN
( NJ VS WOOMER ). PLEASE CORRECT ME IF I AM WRONG.
Maybe that's a subsequent case. The one im thinking of the appellate division tossed the blood because the drunk stated he had a fear of needles and had to be held down. The Troopers from the BTU made it a point to mention that every time we had a recert. I guess it's 2 years since my last Brethalyzer recert where they brought the case up again. AFAIK if you need the bloods that bad (Severe Injury/Fatal) then get the Judge on the horn and get a full blown warrant for it and if the bad guy doesnt wasnt to sit still THEN have someone hold him down, but without that specific warrant, and just on your own, i think it's a bad practice.
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