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Colorado is setting THC levels for DUI driving...

bakelite

Active member
Blood tests are way too invasive but in principle this is a huge step towards the mainstream acceptance of cannabis in the US. This step really should be embraced by people who want the herb to be tolerated by society as a whole. With freedom comes responsibility. If we as as cannabis users can not assume responsibility for our actions then we are not ready for legalization.
-bakelite
 

crazybear

Member
Blood tests are way too invasive but in principle this is a huge step towards the mainstream acceptance of cannabis in the US. This step really should be embraced by people who want the herb to be tolerated by society as a whole. With freedom comes responsibility. If we as as cannabis users can not assume responsibility for our actions then we are not ready for legalization.
-bakelite

WTF! Acceptance? Making more stupid F**KING laws because cannabis is legal in the state for medical reasons! It's just another way to F**K with people, like wow I can't smoke now because if I get stopped with weed in the car have a med card they take a blood test & get I a DUI for weed, coming from somebody that may of used for their condition, but then they would be too afraid of losing there license!
Just another case of intrusion by the F**KING Government into peoples lives, cause they can!!!!I am tired of this F**KING Government shit!:plant grow::smoweed:
 
There is no avoiding this for impacting any Colorado patient operating a vehicle. We are already in the process of having our MMJ cards show up when they run our license. Its in the process or already been done as there is several public cases with the defense of prejudice claims. Prejudice officer or not, Still their highly creditable words against ours. Good thing we all have camera phones with video now days. Make some evidence for yourself to discredit any "impared claims".
 

hazy

Active member
Veteran
jd4083 said:
Uh, seriously? Proof that cops in AZ are forcing drivers to submit to a CONSENSUAL test option while on the side of the highway?

I don't know if it's proof, but here's some info from some attorney's websites that seems to say it happens.



from 'asktheazduiattorneydotcom'

Specifically, if you refuse to comply, the requesting police officers will get a telephonic search warrant. That means that they will telephone an on-call judge, be sworn in, and say enough to establish the probable cause needed to get a search warrant to take the requested sample forcibly. For example, in a case where an officer wants a blood sample and you are refusing to give it, once the officer has the search warrant, they are going to draw your blood. If you forcibly refuse to give it to them, they will restrain you in a medieval-looking chair and take your blood (and, if they have to, they can Taser you or apply pain stimulus to get compliance). One way or another they will take your blood if you refuse to give it voluntarily.

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from duiarizonadotcom

Blood testing in Arizona DUI cases is used frequently. As a general rule, blood testing is more accurate and less prone to attack than breath testing. Whenever an Arizona DUI suspect refuses to take a breath test, the police officer has the option of obtaining a search warrant and forcibly taking the defendant's blood.

WHO TAKES THE BLOOD?

This is a good, and evolving, question in Arizona DUI Law. Classically, blood samples in Arizona DUI cases were taken only at hospitals by qualified medical personnel. Recently, however, police officers have started to gain phlebotomist credentials so that they can draw your blood.

There have been DUI cases where a police officer in Arizona literally stabs a suspect with a needle on the hood of a police cruiser. While this is not the norm, it can and does happen.

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Phoenix Police To Use Blood Tests For DUI Stops
By KTAR.com

POSTED: 6:18 am MST May 11, 2007


PHOENIX -- If you drive drunk, the Phoenix Police Department will stick it to you where it hurts.

The department is making the switch from the traditional breath tests to blood tests when they stop someone suspected of being under the influence.

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http://www.tucsonduilawyers.com/DUI_Pages/arizona-dui-law.html

While breath testing is still the most widespread method of chemical testing, over the past few years, blood testing has grown in popularity. The alternative to breath testing is blood testing. Here in Pima County, blood tests are preferred by the Pima County Sheriff's Department. In the past Sheriff's Deputies transported individuals to a hospital where trained medical personnel would draw blood. However, beginning a few years ago Pima County Sheriff's Department began sending deputies to a short venipuncture course consisting of little more then a few days of actual instruction. After completion of this course the sheriff's department proclaims their deputies "qualified" to draw blood.
Police say the reason is easy: the evidence is harder to disprove in court and it could be more accurate.

Sgt. Chris Moore said people who don't like needles shouldn't drink and drive, because they really don't have a choice.

"We give you the opportunity and we read you what the Motor Vehicle Division provides us -- what the consequences are for not taking the test -- and if you still chose to refuse, the officer can request a search warrant through a judge then we would end up taking your blood anyway," said Moore.

Moore said there's no point in trying to refuse the test, because you signed up for it when you got your license.

"That is a privilege to drive and a part of that acknowledgement is that you will provide a blood sample or breath or urine to the police department when they ask you to for a DUI investigation."

He also said police can use reasonable force if they need to in order to get the blood.


================================

http://www.azduiatty.com/the-dangers-of-phleboto-cops.htm


The Dangers of Phleboto-Cops
Why We All Should Be Frightened About Police "Phlebotomists"

If you have been injured by a police officer drawing your blood, photograph, document, & call our office immediately!

Many DUI investigations in both Phoenix and Tucson now result with the arresting officer selecting a blood test over a breath test. Up until a few years ago, when officers opted for a blood test, they would transport the DUI suspect to a hospital or other similar type medical facility where trained medical personnel would draw blood in a clinical setting. This procedure has been largely abandoned. Now, DUI suspects, after being told by the investigating officer a blood test will be done, are confronted with a second armed law enforcement officer wielding a needle to draw blood. The officers tell the suspects Arizona law requires them to submit to the draw and that they will suffer consequences if they fail to do so. These needle wielding officers usually claim to be trained phlebotomists.

The vast majority of the police officers calling themselves phlebotomists, however, are not graduates of a phlebotomy program and certainly cannot be considered medical personnel. While these officers claim to be "trained" phlebotomists, they will admit upon closer questioning that they merely have a "certificate of completion" in "venipuncture," and not full training in phlebotomy. Pima County Sheriff's Department "phlebotomy" supervisor, Sgt. Theel, in sworn testimony, repeatedly has asserted that his officers are first and foremost police officers obtaining evidence, and not medical personnel. This is important as while these police "phlebotomists" are performing an invasive medical procedure, their first concern is not for the safety of the blood draw subject, but gathering evidence.


This is not surprising given Arizona's failure to regulate the drawing of blood. Under Arizona law, anyone can draw blood and Arizona law enforcement agencies have taken full advantage of this this fact. Indeed, most officers claiming qualification to draw blood attended a short one week course which provided a mere two days of actual classroom instruction on the limited skill of venipuncture. After taking the course, unlike true medical personnel, most are never again subject to oversight or evaluation to assure they are maintaining their skills and applying them appropriately.


Does this limited training and the complete lack of institutional oversight and control have an affect on the blood draws being performed in the field? It is a fair guess it does. Sworn testimony as well as numerous police reports from Pima County Sheriff's Department DUI investigations have revealed a consistent trail of questionable and in many cases, dangerous blood draws performed by Pima County Sheriff's Deputies.

For example, venipunctures are done in the field and are usually done either in the back seat of an unsanitized patrol vehicle, or with the suspect standing at the trunk of the patrol vehicle. Both of these procedures raise serious questions about the reasonableness of the officers' actions. In regards to drawing blood with the suspect standing by the trunk, it must be noted that the officers' training materials indicate venipuncture should never be done with the subject standing. An while there might be some circumstances which mandate breaking this rule, PCSO has selected to routinely disregard the rule. Expert testimony on this very subject in multiple court hearings plainly established the obvious risk of a standing subject swaying or even fainting during the draw. Indeed, true to form, PCSO police reports, indicate that on multiple occasions subjects have indeed swayed, pulling needles from their arms, risking the spilling of potentially contagious blood, contamination of the sample itself, and injury to the blood draw subject. And all of this could easily be avoided simply by transporting to a clinical setting. The PCSO phlebotomy supervisor, who amazingly has no training in drawing blood, despite being aware of the conduct, indicated there were no regulations prohibiting it, and there were no plans to implement any regulations prohibiting it.

Chances are, if a suspect's blood is not drawn on the trunk of a police cruiser, it more likely then not was drawn in the back seat of the patrol vehicle. If the draw is true to form, the phlebotomist conducting the draw failed to clean the back seat prior to or after the draw and the officer failed to safely secure the subject's arm, placing him in risk of injury.

In regards to either of these "techniques," the important point to remember is the needless risk of injury and harm in these cases could have easily been avoided simply by transporting the subject to a clinical setting. As far as this counsel has been able to determine, the only ascertainable reason deputies are performing the blood draws in the field is for the convenience of the Sheriff's Department. The officers can, and purposefully do not, transport DUI suspects to a clean clinical environment. Instead, solely for law enforcement convenience, agencies have decided to draw blood in the field.


And as if the above stated was not egregious enough, police reports and sworn testimony have also shown draws being done: in lunch rooms in disregard to OSHA requirements; next to sewer facilities; in the dirty back rooms of convenience stores; and on the ground in a parking lot with multiple deputies sticking the suspect multiple times while other deputies forcibly pinned the suspect in the gravel. Testimony has even established a deputy stopping an ambulance minutes before it was due to arrive at the hospital for the purpose of drawing blood.


Is this reasonable? Is this legal? Shockingly, if not surprisingly, the trial courts have followed the familiar trend of seemingly suspending the constitutional rights of DUI suspects and have placed their stamps of approval upon the officers' actions. Some of these decisions have been appealed and will be reviewed by Arizona appellate courts.

Charnesky & Dieglio, Tucson Arizona 85701

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S

stickey fingers

GOVERMENT DRUG DEALERS

GOVERMENT DRUG DEALERS

FUCK colorados states, dea ran drug dealing program ! i love it, co the first state in the nation to have legal state and federal drug dealers, literly fucked up shit in co wich makes me HATE my goverment even more, and it makes me think that i need to portect what i have that much more ! FUCK the goverment !!!!! they get to much of my green as it is and now let alone putting a 24HR cam up my ass in thier house,BULLSHIT
i see the true intentions of my goverment ! i will fuck them everytime before they fuck me ! oh yeah FUCK our goverment!!!!!!! and thier whole agenda
RIP DR JAY
 
S

stickey fingers

Sorry about the off topic and all the F bombs, i am still bitter over prop 19

:xmastree: RIP DR JAY
 

ibjamming

Active member
Veteran
I don't know if it's proof, but here's some info from some attorney's websites that seems to say it happens.



from 'asktheazduiattorneydotcom'

Specifically, if you refuse to comply, the requesting police officers will get a telephonic search warrant. That means that they will telephone an on-call judge, be sworn in, and say enough to establish the probable cause needed to get a search warrant to take the requested sample forcibly. For example, in a case where an officer wants a blood sample and you are refusing to give it, once the officer has the search warrant, they are going to draw your blood. If you forcibly refuse to give it to them, they will restrain you in a medieval-looking chair and take your blood (and, if they have to, they can Taser you or apply pain stimulus to get compliance). One way or another they will take your blood if you refuse to give it voluntarily.



==============================

And NOBODY says a fucking word! In fact MOST people will PRAISE it...get those dangerous drunk drivers off the road! What...all 7 that are left? It's NOT that big a deal to warrant that kind of a response!

They're controlling everything...they give you a few limited choices and you call if freedom. They make these blanket laws that do more harm than good. And you sit there with your face glued to your iPhone..."socializing".

Your texting is MUCH more dangerous than someone with a minimal BAC...like 10X more. You want SAFE roads? Get RID of all the fucking distractions they put in cars...including your passengers.

Teens kill more people than anyone. We should RAISE the driving age to 21. You kids don't have jobs any more...why do you need to drive? Or JUST to work/school. What they NEED in cars are signal jammers so you can't use a phone until the engine is turned off.

I can't count how many assholes have almost hit me because of the damn phones.

How about we go after the REAL problems for a change? But we won't...the politicians need their phones in their car... Follow the money...

Loved the post Hazy...
 
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