Vampire Prosecutors- Part II

The TDCAA thread on forced blood draws is becoming a self congratulatory orgy. What is missing in this discussion is whether these forced blood draws are being used merely to convict, or if justice is being done.

Barring an injury accident, Texans have the right to refuse blood/breath testing. These prosecutors are making an end run around the legislative process with these warrants. But I digress.

Here is a comment by “Greg Davis”-

Collin County will be conducting another no-refusal weekend this weekend to
coincide with the Super Bowl. We’ve lengthened the effective time periods to
7:00 p.m.-5:00 a.m. after consulting with our agencies and the Tarrant County
DA’s Office. We’ll be using a fax/email system to communicate with our judges,
and we’ve streamlined the affidavit so that officers can fill in the blanks and
complete it in less than 10 minutes. We anticipate 10-20 blood draws from the
participating agencies. It’s good to see that other counties are pursuing this
type of DWI enforcement. It would be good to see a state-wide no-refusal weekend
in the near future.

Another county using “fill in the blank” affidavits for warrants. A fax/email system to communicate with “our” judges. How convenient. If these drivers are so “intoxicated” why are these forced blood draws necessary?

I filed an open records request to learn more about this Super Bowl no refusal weekend. I’m expecting the usual AG request delay tactics. The public should be aware that these self described “cutting edge” prosecutors are making an Orwellian farce out of our constitutional protections. My advice- watch the Super Bowl at home, or in Dallas County.

Finally, Don a brave reader from Levelland has jumped onto the TDCAA message board and voiced his concerns. Good job Don! Let your elected DA know that you do not stand for these forced blood draws.

<img src="http://www.blogger.c says:

January 30, 2008 at 11:39 am

Congratulatory. Advice.And I agree.

<img src="http://www.blogge says:

January 30, 2008 at 2:54 pm

THERE is a point. If they are so intoxicated, why would you need a blood draw. Surely the video would be indisputable, if, like MADD maintains, you are slobbering shit faced at .08. This is becoming truly scary. I don’t know what to do about it. I don’t drink, but the specter of a couple of big cops holding someone down and sticking a needle in him against his will,(or even HERS) because they “suspect” he/she might have been drinking somehow doesn’t jibe with the picture I have in my head of America. Keep up the good work.

January 30, 2008 at 3:55 pm

Don,I read your post on TDCAA. Good for you! Let me help you with Mr. Bradley’s response.Probable cause for DWI is a joke. Officers use everything from the subjective (glassy eyes) to the absurd (speeding) as a sign of DWI. Officers also ignore all contrary evidence.JB is the complete opposite of myself politicaly. He abhors freedom and defendant’s rights. Notice how JB did not state how many of the blood tests came back under .08. Try filing an open records request to find out.RG

January 31, 2008 at 9:16 am

I dont understand why attorneys have not attempted to sue Tarrant/Collin county how do they think htey can get away with that and who the hell are the judges they should not be elected using there power to scare the public not unless there is a accident then they will not take my blood when I drink with a few drinks in me

January 31, 2008 at 11:09 am

God that is creepy (the TDAA blog). Who takes the blood? A cop with rubber gloves, or a trained and certified R.N.? This is so Orwellian. And we pay for these guys’s jobs? A cop better be damn sure I’m drunk before he pulls me over and tries that crap. Cause if I am truly sober and I get stuck with a frickin’ needle……! And what happens to my blood after it is determined I’m sober?

February 1, 2008 at 8:37 am

Doc J,A nurse usually draws the blood. If you are found to have no alcohol in your system then hopefully the state will not press charges. However, you are entitled to nothing for spending the night in jail and posting bond.Hence the common cop adage- You may beat the rap, but you won’t beat the ride.

February 1, 2008 at 3:50 pm

Don-No prosecutor has ever argued that .08 is “slobbering shit faced.” .08 is an arbitrary #, above which one is deemed to be driving with an unlawful Breath (or Blood) alcohol level.In fact, most prosecutors will specifically argue that DUI does not mean “falling down drunk.” Impaired, not drunk, is the standard for DUI

February 7, 2008 at 11:54 am

So…. are the warrants supposed to use the standards set forth in T.C. §724.012 (requirements for mandatory specimin collection)? Or are they a means to get around T.C. §724.013 (refusal to give sample)? Can the sarch warrant be attacked in per-trial motions if the probable cause given does not comply with T.C. §724.012? Any thoughts?

Steve Fisher says:

July 21, 2008 at 3:14 pm

5th Admendment; Self incrimination. 4th Admendment Reasonable Search and Seisure.Texas Constiution; Self incrimination. Why let a few simple little laws stand in the way of abusing the public? It is abhorent!