A cop who harassed a nurse for a truckers blood sample has been fired.

I think the medical situation with the unconsious patient demands that no blood be taken because the patient cannot consent nor be informed about what needs to happen. When you combine that with time itself that passes the processes inside the body has a tendancy to clean up after itself.

The behavior of the Policeman has shown that he was in dire need of a extended amount of time away from the law enforcement occupation with sufficent time of quiet reflection to show that the Nurses too are under certain limitations and capacity to do things when and only when it's lawful to do so. Otherwise it's assault and battery in addtion to the violation on the 4th Amendment. as well as at least one other.

They say we are supposed to be a land that follows the rule of law. This case would for me show that sometimes even the strongest law would sometimes fail against a passion or emotion of adequate strength and unable to be harnessed into a disclipine long enough to try and resolve this particular problen.

 

Despite the fact he was a moron regarding the way he went about it, there was nothing anti-trucker about the fired officer's actions. Post-crash drug and alcohol testing is required per FMCSA Regulation:

§382.303 Post-accident testing.
(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:

(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life;

(b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:

(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life;

- eCFR — Code of Federal Regulations

Question 1: Why does the Federal Highway Administration (FHWA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FHWA does not allow a Federal, State or local law enforcement agency test to substitute for a pre-employment, random, reasonable suspicion, return-to-duty, or follow-up test? Will such substitutions be allowed in the future?

Guidance:

A highway accident is generally investigated by a Federal, State, or local law enforcement agency that may determine that probable cause exists to conduct alcohol or controlled substances testing of a surviving driver. The Federal Highway Administration (FHWA) believes that testing done by such agencies will be done to document an investigation for a charge of driving under the influence of a substance and should be allowed to substitute for a FHWA-required test. The FHWA expects this provision to be used rarely.

The Federal Highway Administration (FHWA) is required by statute to provide certain protection for drivers who are tested for alcohol and controlled substances. The FHWA believes that law enforcement agencies investigating accidents will provide similar protection based on the local court’s prior action in such types of testing.

The Federal Highway Administration (FHWA) will not allow a similar approach for law enforcement agencies to conduct testing for the other types of testing. A law enforcement agency, however, may act as a consortium to provide any testing in accordance with parts 40 and 382.

- Regulations Section​

 

I agree actions be taken if you would have read my other post. You threw all of us in the same boat though. You dug that hole too deep to get out of. In my 20 years of law enforcement i was always fair.

 

The truck driver was at no fault of the accident. It was the other car that caused the accident.

 

It doesn't matter who is at fault. The post-crash testing is still required of any driver of an FMCSA regulated commercial vehicle involved in a fatality. The driver of the other vehicle died in the crash.

 

While the majority of my interactions with law enforcement have been acceptable , those times when the officer has acted with an unprofessional, imperialistic manner leave a much larger impression.

An example - when I was 22 I lived in the Eastside if Milwaukee. One night as I'm coming home from the bar I see someone trying to steal my licence plates. I yell, guy runs off, I finish taking off both plates and toss them in my trunk. Next morning I quick toss them back on, don't think another thought about it. A couple weeks later I get pulled over for not having proof of registration, turns out on put the plate with the sticker on the front. I try to explain, cops having none of it. He spends the better part of an hour lecturing me on the importance of following the rules and leans really hard to get my consent to search the car. Ends up giving me a ticket. It gets tossed as soon as I go to court. The officer knew the ticket was bogus, he just wanted to assert his authority over me. It would have been cheaper by far just to pay the ticket then to lose a day of work, pay for parking downtown, etc.

It didn't take too many interactions like that to change my impression of police officers from Sheriff Andy Griffeth to Sherrie Buford T Justice.

 

I asked someone one time down in NC way... for righteous directions to a door factory of all things.

Shore... follow this heah road see...(Yes papi I see...) find yourself this big baptist church turn left see? (Yes Lord I see....) and there you are. Hm. Ok thank you.

Drive follow this heah road. See? Find the big baptist church see?

Discover the 1st church, 2nd church, the reformed church and the blessed redeemer church all on the left with thee possible streets to turn left on.

They give me IV medicine called Tramadol I think or torodol for the massive migraine that pounded me down to the ground on the side of the shoulder and grass. Took about a hour for it to work.

 

As of September 10th, Payne had been officially fired, and Tracy, officially demoted.

This was not Payne’s first disciplinary issue within the department. Back in 2013, an internal-affairs investigation showed that he had been sexually harassing a female co-worker in a way that was “persistent and severe.”

Payne was also recently fired from his part-time paramedic job after being caught on camera saying that he would take the “good patients” to other hospitals, leaving all the transient and homeless patients for the University of Utah hospital, where Wubbels worked.

The FBI is still conducting criminal investigations into the incident to determine whether there were any civil rights violations.

 

I'm sure Officer Payne thinks the same thing of himself and I bet there's some people who dealt with you who would disagree

 

Ok so truckers are trash as whole?