Amazing.
What does your āstoryā have to do with any of this? Nothing.
Where do you state he should have gotten a warrant?
And I quote, āGranted, Johnny Law should have gotten his warrant.ā
Itās not about you.
Itās not about you.
Such a profound way to say someone doesnāt have a right to an opposing viewpoint.
Youāre the mod, delete my posts.
Or suspend my account.
Might want to update.
Are you supposed to use āmodā as a weapon because you canāt debate?
You have a right to be utterly and completely wrong. You donāt have a right to be off topic streaming consciousness.
Tell it to the Chaplain.
It was 2017, must have been on the old board. Same thing happened to me yesterday about the Parkland shooting.
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The officer over reacted. The requirement for the drug and alcohol screens in this case, because the driver was not suspected of breaking the law, was a mandatory administrative requirement because of his commercial license and the involvement of a commercial vehicle in the accident. Had the driver been conscious, he would have willingly submitted to the collection and test. To do otherwise would mean immediate suspension of his Class A license. Most officers donāt fully understand DOT drug and alcohol regulations. There is also often a wrongful presumption of it being the truckās fault. The cop knew something about the requirement of the CDL holder to be tested, no matter whose fault, in this type of accident. But it was an administrative regulatory requirement, not a criminal investigation requirement, in this case.
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41-6a-520 (1)(b): āa test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii)."
ā ā ā ā bag Payne stated in his report he wanted the blood from a burn patient because he did not believe.
There was no implied consent.
ETA: before the whining starts
Lol sorry I thought that was copy and paste from article highlighted. My bad
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But you were conscious, and had the choice to refuse to be tested (and suffer the consequences of doing so).
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I am a CDL driver and you are correct. When an accident involving a commercial vehicle involving property damage, injuries and or fatalities happens a blood alcohol sampling is mandatory.
My only question is why the hub bub? Thereās an eight hour clock that started. If the driver required hospitalization, why couldnāt officers wait until he was stabilized, perhaps regain consciousness then do the draw?
The truck driver was a reserve Idaho cop. Payne was creating and backstopping a narrative.
If you watch the video, they have no right to the blood draw without a warrant. If the detective was authorized to take the blood, they never would have gave her 500k.
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Perhaps the hurry was for this reason:
Thereās a short window of opportunity to detect any consumed substances, unlike more common urine testing, which IIRC detects substances for up to 30 days, and hair drug testing (taken from the bottom layers of hair) that can detect substances ingested for up to 6 months.
It appears, though, that medical personnel are required to draw the blood. Police are trained in some medical functions, but would they even be allowed to be the ones to draw the sample?
Iām not arguing that the officer was in the right. That CDL holder wasnāt under investigation for a criminal violation, but the officers were in full blown criminal investigation mode. Accident investigations are administrative and accident reports are just reports, not charging documents. If they develop information that a criminal portion of the states traffic regulations have been violated, then citations are issued, and in the case of DUI and/or vehicular homicide, arrests are made. The drug screen for the driver was a mandatory administrative requirement. The entire DOT drug and alcohol program is an administrative requirement. Pre-employment screening is a mandatory administrative requirement, quarterly random screening is a mandatory administrative requirement, post accident screening for DOT reported accidents are a mandatory administrative requirement and even the reasonable suspicion screening, when a manager/dispatcher has quantifiable, observed indications that a CDL driver in their employ has reported for duty, or is on duty , while impaired, is a mandatory administrative requirement. A former driver for my current employer is in custody for vehicular homicide, fleeing the scene, failure to stop and render aid. He, unlike the driver in the story, is under criminal investigation. His fleeing the scene provided immediate probable cause for a criminal violation, triggering a criminal investigation by the TX DPS.
What Iām saying is that even if he was suspected of a crime, the officers still wouldnāt have been in the right.
He should have gotten that warrant. Does anyone here know how long it takes to obtain one?
As in the link in a post above the window of opportunity to detect any substances in the much less common method of serum testing is three days, and it also appears due to Chain of Custody only medical personnel are allowed to draw this sample.
