blank'/> Liberally Lean From The Land Of Dairy Queen: The Police State Cometh . . . To Us

6.30.2009

The Police State Cometh . . . To Us

I've got it on pretty good authority that Wise County will conduct a "no refusal weekend" starting Friday on most, if not all, DWI cases. That means if you refuse to provide a sample of your breath or blood after a DWI arrest, the officer will go and obtain a search warrant for that red blood of yours. Then off you go to the hospital where they will take it by force. It's like Twilight but with a badge. (Dallas Observer article on the subject.) Edit: Just got work from a very reliable source that the blood draws will not be done a Wise Regional Health System (aka the Decatur Hospital). That's where they have always occurred in the past when the officers decided to get a warrant on a case by case basis.

49 comments:

Anonymous said...

Job security for you Mr Green.

Anonymous said...

Well, if you don't drink then drive, you won't have anything to worry about, now will you? How dare our County Attorney, medical community and law enforcement community try and save some lives over the 4th of July weekend!

Anonymous said...

1:47 not necessarily true about not having anything to worry about. If you are stone sober and refuse to provide a breath sample (e.g. just swished your mouth with Listerine), then get stuck with the AID needle.

Welcome to the Police State.

Anonymous said...

Wise Regional need the money?

And of course one needs only the word of "Wise County's Finest" till the lab results come back.

But there is good side to this. It obviously means all meth labs in WC have been shut down, no mules coming and going from Mexico, and I can bring out my shiny chrome rims and they will last thru the night.

Anonymous said...

Pathetic evidence of police power. They need less power, not more. Better stay close to home for the revelry! I know, the do-gooder, never do anything wrong crowd will love this show of force.

Anonymous said...

"How dare our County Attorney, medical community and law enforcement community try and save some lives over the 4th of July weekend!"

If saving lives was their motivation then why don't they drop all the fines and let people sleep it off Mayberry style?

Because there's too much money to be made off convictions! It's all a giant scam.

Gorilla said...

Met this dude at a conference and he told me that he and several of his friends went in on an apartment that was close to an area of bars and restaurants that all like to frequent. They all chip in and pay around $100 per month for rent. They have it furnished with a couple of flat screens, full service bar, etc. That way, if they go out drinking, they can just crash there.

Funny thing though, none of their wives know about the place - they have poker games, watch college football, UFC fights, etc. Great idea of those who don't want to endure the hassle of a DWI.

Anonymous said...

True, 2:34. Everyone squeals about "lives" and such, when it's really just a big $$$-making opportunity. Leave the people ALONE!

Anonymous said...

What would constitute the requisite probable cause to issue such a search warrant? No need to answer. That was a rhetorical question. The search warrants will be cavalierly issued on the most summary of bases by a justice of peace who will likely not be licensed to practice law. Meanwhile, an innocent motorist (and don’t fool yourself, there will be many) will be forced to undergo the most invasive of searches and have his or her day completely disrupted because we as a society are too apathetic to place limits on the discretion given to law enforcement personnel who have little more than a high school education.

Anonymous said...

'there will be blood' is the weirdest freakin movie i ever saw. very disturbing.

Anonymous said...

Well said, 2:45, especially about the power given to those with barely a high school education! That's who I want making decisions which affect my life!

Anonymous said...

Who pays for the blood tests?

Anonymous said...

2:45 - An educated person such as yourself would know that JP's in this County do not issue blood search warrants just for that issue of not being licensed. There are other officials in the County that handle this great idea.

Anonymous said...

Cops have too much power; why do they need this much power?

Anonymous said...

I prefer a devise that senses alcohol on the breath of a driver and transmits this information to local police, along with the location of the vehicle. This would eliminate most drunk driving and our roads would be safer.

Anonymous said...

In Wise County only Judge Fostel or Judge Cude may sign the search warrant. Both licensed attorneys. I have never seen a search warrant case come back under the legal limit and yes I have seen plenty. Mr. Green doesn't like blood draws because it is harder to convince a jury that a blood test cannot be trusted versus trying to convince the same jury that an officer's opinion or an intoxylizer 5000 cannot be trusted. As to the money thing, the county pays more money to run the county attorney's office than it ever collects in fines. If it is a money thing then the cheapest solution is to do away with law enforcement. Lowering the incidence of DWI is a good thing and this will lower the incidence of DWI this weekend at worst only slightly. The greatest danger of death anyone faces in this county from a criminal offense is from DWI. I don't worry about my family being murdered by an intruder or a kidnapper or a child molester or just some random crazy person nearly as much as I worry that they won't come home some night because an intoxicated person decides to drive and takes their lives and my happiness.

Anonymous said...

That's not real blood in that needle in the picture.

Anonymous said...

Hey, gorilla! How do these guys stay out all night at this pad and their wives not know about it? I don't think I could get away with that one!

Anonymous said...

And while all of that is going on, somebody or some family makes it home alive. And it seems their right, my right, your right to make it home alive ought to count for something; at least be equal to the precious rights of the drunk.

Anonymous said...

I believe the taser would deter more drunk drivers than any other device used today. I think ANYONE suspected of dui or any simular offence should automatically be tased. If the suspect proves to actually be intoxicated then he/she should be tased again..I really feel this would discourage drinking and driving. does anyone agree ?

Anonymous said...

i have often thought about hooking a breathalyzer* to my computer. Strictly to protect myself from my inebriated self.

Why don't insurance companies give discounts to people who willfully install tamper-proof breathalyzers in their cars? Maybe because tamper-proof ones don't exist? Dunno.

*I don't like the term Intoxylizer. It sounds like the thing that gets you drunk, not what measures your drunkenness**. So, I choose breathalyzer (not Breathalyzer).

** I find conjugating drink difficult. Drink Drank Drunk Drive. Oops, I'm doing it wrong again.

Anonymous said...

4:16 is Master of the Obvious.

6:54, let's continue on that slippery slope. I believe anybody making retarded posts on the internet should be tased until they pass out. You first!

Anonymous said...

6.54
Your idea would keep me from driving for sure. At any time. So, the tasers double as a traffic control device. win-win

I have issue with your "ANYONE suspected" bit.

Them: "Your papers comrade?"
Me: "Just a second."
Taser: "Bzzzrrrrrppp"

But, a taser isn't in my mind, "Cruel and Unusual." Perhaps you offer anyone convicted a choice, 100 taserings or whatever you were just sentenced too. Or, it could be more fun, and you could offer everyone the Make a Deal type offer.

You can plead guilty now, and receive 6 months in jail. Or choose a door.
Behind those three doors are;
1. 100 taserings
2. 2 years probation, $5-10,000 in associated costs.
3. A trip to Miami.

{No one ever wins the trip to Miami but drunks will never figure it out).

Anonymous said...

Gorilla talks way too much.....JS!

Anonymous said...

give me door no. 1 please..i've been a bad boy..whacko jacko

Anonymous said...

7:41----------------------

That's deep. man, deep

Anonymous said...

Have been sober for sixteen years.If only ever person that have met me drunk on the road before that it would scare then into more ratational thinking than I have seen on this post. On the extra apartment;the wives are'nt stupid,they just beat them home.

Anonymous said...

what's the odds of being killed by
someone sober, but distracted by a cell phone or unruly child in the back of a soccer mom's mini van ?
CAN YOU TASER THE SOCCER MOM ??
i'm so confused.

Anonymous said...

Sexy Rexy will pull more Blood that Carter Blood Center this weekend

Anonymous said...

Agreed, 6:13. Let's start tasing(?) soccer moms with screaming brats in their cars and teenagers texting while driving. I'm all about that, too. Let's not just stop with the drinkers, cuz those others are just as dangerous! Tase 'em all! How about let's also tase those old codgers who drive when they're 80 and can't see the damn road? Rather have a drunk on the road than an old lady!

Gorilla said...

4:24 - I think they "go to the deer lease" alot.

Anonymous said...

and lawyers should always be tased when pulled over for any reason, cause you know they know the law and should have known better...DF DA GL.

Anonymous said...

6:54 LOL alot! And 6:13 you are so right I believe many times I have come much closer to death due to crazy soccer moms not paying attention than to anyone DUI. They are a much greater danger to us. I would love to taser a few of them myself. LOL just thinking about it.

Anonymous said...

I'd love to see them tase the old folks who can't distinguish the accelerator from the brake, leading them to crash headlong into inanimate objects! That would crack me up.

Anonymous said...

Tough subject, interesting comments, it will be intersting how it plays out. In the meantime lets hoe the thought of a blood draw saves keeps some idiot from driving drunk.

Anonymous said...

Everybody needs to see a REAL drunk after he/she has been arrested. It needs to be on video and put on the blog for everybody to see,then you may have more respect for your law enforcement to see what they have to put up, while trying to protect and serve the community. If a drunk runs into you, knocks on your door or stumbles up to your car, who are you already calling?
If you can't respect the ones that protect and serves you and the community, it is because you have something to hide and your afraid you will be the next to get arrested, or already got arrested and pissed at them for catching you.

Anonymous said...

Drunks are always so flattering! Pissed all over themselves, slobbering,crawling around on the floor because they can't balance themselves to stand up, and still trying to charm a love for their future life!
HOW MUCH MORE PRECIOUS WOULD YOU WANT?

Anonymous said...

12:59 & 1:20 - You demonstrate the point very well - drunks are sloppy and dangerous. However, not all who drink are drunks. If a person has been drinking and driving and does not exhibit the characteristics you describe, then is he/she NOT a drunk? Many folks who are not in the condition you describe are taken to jail anyway. Protect and serve? Sometimes but sometimes the police react excessively.

Anonymous said...

I'm telling you don't lay a hand on a single person when they take you into the lab and in fact be as calm as can be until they sit you down and are about to take your blood and your rights. And EXPLODE do as much a mess as possible withiot real damage to the facility while screaming, THEY ARE KILLING ME!!!!!
Just wait until it's you Mr or Mz nothing to hide.

Anonymous said...

I am an avid golfer who loves to drink and drive my golf cart. I will continue to do so and no one will catch me. No me, no needle. Bring it on local police.

Anonymous said...

Aggresive drivers are probably just as big a menace, or more, than drinking drivers. Of course, an Aggresive drinking driver is hell on wheels really. Too bad a blood test cannot detect the sorry-assed aggresive driver that we all see everyday on the roads. Tailgating, weaving in and out trying to pass and so forth when we are driving the speed limit, or maybe a little more.

Anonymous said...

2:12 - Right on! There is an over-focus on drinking & driving while ignoring other even more serious driving problems - is the problem. Obviously it is easier to ask a driver if he's been drinking than it is to ask if they were emotionally unstable, were texting or talking on their cell phone or arguing with their passenger. And no breathalyzer or blood test will help.

Anonymous said...

AMEN, 9:04. Agreed, driving while DRUNK (notice I didn't say "had a drink or 2") is not good, but neither is being stupid, careless, texting, aggressive, or being old and blind or messing with your kids in the back seat. Let's be equitable in our harassment.

Anonymous said...

we will tase the truth out of you..!

Anonymous said...

The law is a person is legally intoxicated if they have lost the normal use of their mental and/or physical faculties or have a BAC of 0.08 or higher and this is due to the introduction of alcohol, a controlled substance, a drug or a dangerous drug or any combination thereof. Agree or disagree with the law many people who are not slobbering drunk are legally intoxicated. If a person's reaction time is slowed 1/10 of second and this is due to the introduction of alcohol, a controlled substance, a drug or a dangerous drug then that person is legally intoxicated. I am not trying to argue whether the law as written is a good law. I am just saying that the law as it is written is a very strict law. This is why you see officers arrest people for DWI who do not appear to be drunk. Lastly, though I have already said it, legally intoxicated happens way before drunk.

Anonymous said...

Blood draw? Don't worry because there is not officer in Wise County that can type that fast and spell "accused" name correctly.

Judge Cude and Fostel, "Happy 4th of July people". See u at the fireworks.

Anonymous said...

1:30, What does .10 grams of delivered "sample chamber" breath per liter's include. U know what your talking about?

I know 0.08 and 0.10 , ure just a dabbler of law enforecment technology. You have know before u type on the (Barry) blog.

Anonymous said...

1:30, I told David to offer a class for report writing. U have to think while u write, U be okay with that?

Anonymous said...

THE CARNAGE HAS STARTED!!! ABOUT 1 HOUR AGO 3 WCSO AND DPS HAD A GROUP OF YOUNG PEOPLE ROUNDED UP ON OLD DECATUR ROAD BY THE BACK ENTRANCE TO BLACK CREEK LAKE!!