Billy Lane causes fatal crash
#61
09-11-2006, 12:46 PM
RE: Billy Lane causes fatal crash
ORIGINAL: dgator66
In Alabama, there still has to be probable cause, other than just an accident occuring. Also, Implied Consent does not give the police the right to withdraw blood against a person's will. That person has the right to refuse the test, but must face the consequences.
In Alabama, there still has to be probable cause, other than just an accident occuring. Also, Implied Consent does not give the police the right to withdraw blood against a person's will. That person has the right to refuse the test, but must face the consequences.
ORIGINAL: dgator66
Just driving on the roads doesn't give probable cause. That is one reason that DUI check points are not called DUI checkpoints anymore. Nowadays, they are called driver's checkpoints and the pretense for the traffic stop is given as a check of license/registration/insurance, which are legitimate requirements of all vehicles on the road. The DUI's are based on officer observation of the driver during the initial check.
Just driving on the roads doesn't give probable cause. That is one reason that DUI check points are not called DUI checkpoints anymore. Nowadays, they are called driver's checkpoints and the pretense for the traffic stop is given as a check of license/registration/insurance, which are legitimate requirements of all vehicles on the road. The DUI's are based on officer observation of the driver during the initial check.
#62
09-11-2006, 04:52 PM
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RE: Billy Lane causes fatal crash
ORIGINAL: dgator66
In Alabama, there still has to be probable cause, other than just an accident occuring. Also, Implied Consent does not give the police the right to withdraw blood against a person's will. That person has the right to refuse the test, but must face the consequences. In AL, that is nothing more than a mandatory 90 day driver's license suspension for refusal to take a test. It still takes a search warrant from a judge to withdraw the blood, barring certain extenuating circumstances. Just driving on the roads doesn't give probable cause. That is one reason that DUI check points are not called DUI checkpoints anymore. Nowadays, they are called driver's checkpoints and the pretense for the traffic stop is given as a check of license/registration/insurance, which are legitimate requirements of all vehicles on the road. The DUI's are based on officer observation of the driver during the initial check.
ORIGINAL: surv1
In most implied consent states, the fact you are in an accident IS the probable cause. I know it's that way in Mississippi.
ORIGINAL: CRASH
I don't think so. Read the statute again. It says "while under the influence of alcoholic beverages". In order to allege they were under the influence, you need to have probable cause.
ORIGINAL: surv1
I don't agree with this. Florida is an Implied Consent state, and their statatue reads: "Any person who accepts the privilege extended by the laws of Florida of operating a motor vehicle is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical or physical test if the person is lawfully arrested for any offense allegedly committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances or controlled substances." This also means that a blood sample can even be taken by reasonable force with the help of a law officer if the subject refuses to provide one. The act of driving on the road is all the probable cause they need.
ORIGINAL: 1984fxrs
However, Miller said in Florida officers don't automatically take blood alcohol levels after a fatal crash, and they have to have probable cause in order to conduct the test.
However, Miller said in Florida officers don't automatically take blood alcohol levels after a fatal crash, and they have to have probable cause in order to conduct the test.
The officer will want to eliminate any possibilties and submitting to the blood test could be benifical by proving the driver wasn't under the influience of any drugs or alchol. Just because the oder of alcohol is not present and the person is not capable of submitting to balance tests the possability exists of other drugs at the statute states
http://www.legislature.state.al.us/C...975/coatoc.htm
Section 32-5-200
Consent to blood test; definitions; incapacity; refusal to submit to test; notice of suspension, etc., of license; hearing; appeal.
(a) Any person who operates a motor vehicle on the public highways of this state who is involved in an accident that results in death or a serious physical injury to any person shall be deemed to have given consent to a test of his or her blood for the purpose of determining the alcoholic content of his or her blood or the presence of amphetamines, opiates, or cannabis. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person, while driving a motor vehicle on the public highways of this state, was under the influence of alcohol, amphetamines, opiates, or cannabis. The person shall be informed by the law enforcement officer who is investigating the accident that[b] failure to submit to a test will result in the suspension o
#63
09-11-2006, 05:08 PM
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RE: Billy Lane causes fatal crash
not to mention this day and age they will have a warrant to withdraw blood 24 hours a day within 10 minutes. THey have set up a great system for this. SO if you refuse, you loose your license and they will STILL get your blood.
#64
09-11-2006, 05:27 PM
RE: Billy Lane causes fatal crash
Yall are right, but when I was discussing the Alabama Implied Consent law, it was in reference to a comment in the thread that they could draw blood against your will in ANY accident. I mentioned the extenuating circumstances. We were talking about the abscence of probable cause. Or rather, what constituted probable cause. Vegas, you are right, I have seen a search warrant for blood done over the phone (recorded) and it took less than five minutes.
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