Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Is it Justified to Forcefully take Blood for Testing? »
0
- When a police arrest any citizen for DUI then that arrested person has the right to choose that either he or she is willing to take a breath test or a blood test. Of course, there is always a third choice that is to refuse to take either.
Refusal to take test lead to bad consequences
The individual can do this, but it will lead towards bad consequences. These are that he or she will face an increased jail sentence or a longer driver’s license suspension or, in most states, that person who refuse any test has to face both these. Now the problem is that some police officers just won’t accept their refusal.
Now the Law enforcement agencies forcefully take the Test
It has been noticed that now among law enforcement agencies it has become an increasing practice to simply ignore this third choice and they forcefully take blood from the arrestee (although some this practice has been banned by some states).
You might also like
|
|
|
|
|
Street turned into a demolition derby by a DUI suspect »
Early Tuesday morning, a DUI arresting police officer and three others were admitted in the hospital, when a driver suspected of DUI hit several cars in the Olney section of Philadelphia.
Rather than stopping the car, the suspect accelerated his motor and raced down the 6100 block of North 11th Street near West Spencer Street.
Car went out of control
The car suddenly went out of control and it turned the street that seems to be a scene out of a demolition derby.
You might also like
|
|
|
|
|
Police Charged Area doctor with DUI »
Early Saturday Police charged a doctor with DUI when he was stopped by a sheriff’s deputy.
The sheriff had been alerted by witnesses who say that he saw the man slumped over the steering wheel in his SUV, which was parked in the middle of a roadway.
The two witnesses told authorities that they saw man driving recklessly, almost hitting several vehicles.
You might also like
|
|
|
|
|
Two Ogden officers suspected of DUI »
In separate cases, two Ogden police officers are suspected of driving under the influence. 
Harrisville police Chief Max Jackson said that last week Harrisville police received results of a blood test that has been taken from an Ogden officer who was injured in a single-car crash in July near 1500 North and Washington Boulevard.
You might also like
|
|
|
|
|
DUI Suspect Escapes In Stolen Duluth Police Car »
At Atlanta, officials are in a search for a handcuffed man who has slipped out of the backseat of a Duluth police car and the cruiser has been stolen after being arrested for DUI.
On Monday evening, an officer stopped a U-Haul truck for a traffic violation.
Duluth Maj. Don Woodruff has said that the officer at that time realized that the driver was intoxicated, so he put on handcuffs and then put him in the backseat of the patrol car.
The officer went to search the U-Haul and when he returned back his patrol car and the suspect were gone away.
You might also like
|
|
|
|
|
For 3 DUI Convictions Pike Woman will Serve Prison time »
On Friday, Pike County District Attorney Raymond Tonkin said that a Milford woman will serve prison time following three convictions for three drunken driving arrests during six months.
On Jan. 22, Heather Almodoval, 39, drove her vehicle off the road; at that time her blood-alcohol level registered at .15 %.
You might also like
|
|
|
|
|
Police crack down on DUI with checkpoints, patrols »
State law enforcement agencies would crack down harder on drunken drivers as they have joined a national DUI enforcement initiative and this will be starting on Friday.
This effort is being conducted by the Office of Highway Safety, which is currently overseeing several driving campaigns in order to make roads safer in the state.
OHS Director Tricia Roberts has said in his statement that they want everyone to understand that if you drive impaired, you will be arrested, and that does not matter what you drive whether a passenger car, pickup, sport utility vehicle or motorcycle.
You might also like
|
|
|
|
|
Kane Co. prosecutor considers ending DUI stings »
Kane County State’s Attorney John Barsanti has said that due to lack of cooperation from police he might abandon an aggressive DUI campaign.
On Tuesday, Barsanti said that recently two municipal police departments have turned him down, who have previously expressed interest in conducting "No Refusal" crackdowns in their jurisdictions. The objection that has been raised by the agencies, which Barsanti would not name, was that they thought it was a controversial subject.
It has been said by Barsanti that it’s a kind of surprising to him. He thought that they would have more support from the law enforcement communities.
You might also like
|
|
|
|
|
DUI and the Disappearing Right to a Jury Trial »
Ok, so it has been said by the cop that I looked bad on the field sobriety tests, but I know myself that I’m not guilty: I only had two drinks and I have got the witnesses. It doesn’t matter what the arresting police officer is saying, I can tell my side of the story to my fellow citizens and then let them decide. Right?
Well that is not necessary. This right to jury trial, had been handed down centuries ago from England’s Magna Carta, it was considered so fundamental to the framers of our Constitution that it had been included by them in the Bill of Rights? This is what we call Sixth Amendment. So it makes no exceptions to this sacred right to trial by a jury of peers.
So why is this happening that some states today are denying jury trial to a person who is accused of drunk driving? Why is that, for instance, an American citizen who has been arrested in New Jersey is forced to accept the decision of a politically-appointed judge? After all, on that subject the Sixth Amendment is pretty clear:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
You might also like
|
|
|
|
|
Maryland Man Gets 5th DUI »
A Maryland man who has already have four drunken-driving convictions is now facing DUI charges for the 5th time after Delaware State Police say he was stopped as he was driving more than 100 mph on Interstate 495.
On early Monday, a trooper has stopped 33-year-old Christopher Kendall of Chesapeake City, Md.,in Claymont after it has been said by the police that his Nissan Pathfinder have been swerving and speeding at nearly 102 mph in a 60 mph zone.
You might also like
|
|
|
|
|
