Forced Catheterization Used In DUI Case

how'd they get a warrant if the breathalyzer said it was under .08?

 

and only if there is undigested alcohol in your system.

BS either way, breathalyzer is imho against the 5th amendment rights.


K

 

When you get a driver license you are signing a document that gives the state the right to check you for DUI. Driving is not a right.....................

But, what this cop did is down right wrong. I hope cop and city lose a big sum of money.

Mark

 

Driving is a privilege, not a right. You agree to submit to testing when you get your driver's license. The guy should have submitted to a test. He failed to do so, so I have no problem with forced catheterization in that case.

 

This is a gray area.

The driver in this instance DID comply with the testing at the scene. It clearly showed he was not over the limit. The officer FAILED to show the reason for further testing. He did this by a gut feeling. Which should be noted was wrong.

I do not condone that the driver did not want the further testing, but I also do see where the officer was wrong.

Otherwise, look forward for more of this to happen. They could pull over a driver and give a breath test to them. It comes back negative, so the officer says, I think it is wrong. Let's go to the hospital for further testing. Guess who pays for the testing?

No, I think he over stepped the boundary.

 

I don't see anything grey about it. The guy was asked to submit to a breath analyzer, and did.

The cop had reasonable suspicion to request it. But once it was passed, there was no grounds for further suspicion.

Passing the test, the officer over stepped his authority by submitting the driver to additional unfounded and unwarranted test.

Some may argue the badge gave the officer that authority. The court will decide who is right in this case.

I do. We're not playing golf, the officer doesn't get a mulligan. The driver won that round. Not being a good sport, or simply just being an A hole of a bully, the officer abused his authority.

Agreed......

 

yes, BUT because the penalties are assessed in court, where penalties include jail, you are entitled to your constitutional rights. If they simply took your license then yes it would be a privilege.


K

ps stop it ith the huge font, you are not that important.