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Washington State Lawmakers Push For DUI Check Points

Washington State Lawmakers Push For DUI Check Points

DUI News – State lawmakers and advocates are at it again, trying to change the law and amend the constitution to legalize random DUI check points here in Washington State.  The legalization of DUI check points would allow law enforcement to stop vehicles without legal cause and investigate individuals for possible driving under the influence of drugs and/or alcohol.  Why try again?  Supporters of DUI check points are convinced individuals will think twice about drunk driving knowing they could be stopped at a DUI sobriety check point and thus drunk driving would decrease.

Democratic State Representative Roger Goodman, of Kirkland, appears to be a supporting forefront voice on the controversial issue saying, “We’ve made a lot of progress in enacting DUI laws, but there’s one missing piece and that’s the sobriety checkpoints, which have been shown to reduce deaths by 25 to 30 percent in other states that have them.”  According to Goodman, 38 states nationwide and the District of Columbia currently have similar DUI check point laws in place.

Goodman, other lawmakers, MADD, and advocates for victims and survivors of drunk driving accidents have banded together knowing they have an extremely tough uphill battle to try to pass random DUI check points into law.  Past attempts to move DUI check points into law have all failed due to Washington State’s constitution having very strict privacy laws.  A report produced by the lawmakers and advocates will likely be handed over to state officials on December 4th to continue their push forward for DUI check points.

Those opposing DUI check points are not lying low, they are loudly voicing violations of State and Federal constitutional rights.  Many are saying Washington State is unique for having strict privacy laws and it should stay that way.  Doug Honig with the ACLU (American Civil Liberties Union) of Washington State, shared his stance saying, “In our society, if you’re out and about on the highway and you aren’t doing anything wrong, law enforcement shouldn’t be stopping you.”  He continued, “It’s a matter of general freedom in our society.”

This issue of legalizing DUI check points is difficult, on one hand we want to keep all people safe, on the other hand it would cost the right to privacy while driving.  When it comes to civil liberties I think it is wise to remember the old saying, “If you give them an inch, they will take a mile.”  Meaning, if we give up our right to privacy while driving and allow police officers to investigate anyone for possible DUI what will come next… allowing random searches of vehicles… or allowing law enforcement to enter homes without cause or warrant?  The more we allow law enforcement to encroach on our daily lives, the less freedom we truly have.

The information above was derived from the article Sobering idea?  State floats idea of random DUI check points, written by Lindsay Cohen, Nov. 6th 2013 and can be found on Kiro.com.

 

Written by S.O

 

 

Forced Blood Draws If Suspected Of DUI?

Forced Blood Draws If Suspected Of DUI?

Here in Washington State, an individual that is under suspicion of DUI (driving under the influence) has the right to refuse the field sobriety tests and portable breath test administered by law enforcement because these tests are voluntary.  An individual suspected of DUI also has the right to refuse to take the breathalyzer test at the station, however, they may face a one year driver’s license suspension by the DOL (department of licensing) because of the refusal.  Once an individual has refused the breathalyzer test, the burden of proving that individual is DUI is upon the arresting officer, thus the officer may call a judge to obtain a search warrant to obtain a blood draw sample from that individual.  Next that individual will be taken to a hospital where a nurse will take a sample of their blood to determine their BAC (blood alcohol content) levels.

Not all States follow this same procedure when handling persons suspected of DUI that have refused the breathalyzer test.  Georgia has their own legal methods of drawing blood samples from refusal individuals that are called “Forced Blood Draws” or “Forcible Blood Draws.”

Once a Georgia officer has obtained a search warrant from a judge for a blood draw, the “forcible” part of the blood draw comes into play when multiple police officers hustle a DUI suspect into a small room at the station, strap them onto a cot or table with multiple tethers, put them into a head lock, and wait for a nurse to draw their blood.  All individuals are treated in the same manner, strapped down and put into a head lock, even if they are completely calm and compliant.

This type of blood draw by restraints has become very controversial.  Many citizens have expressed this is a violation of our constitutional rights, it is animalistic, an unnecessary intrusive experience, and just plain terrifying.  A few of the comments posted after the news brief, DUI suspects face forced blood draws in some Ga. counties, found on www.myfoxatlanta.com read, “this is wrong. its all about control. no rights.” and “This is very wrong and the justice system is failing in a big way.”  Other people are saying this forceful procedure is completely justified if a DUI suspect isn’t being compliant by taking the breathalyzer test.

Police officers are justifying the procedure by saying these (restraints and headlocks) are necessary precautionary measures to ensure no one gets hurt.  They also claim these forced blood draws have increased their DUI conviction rate.

Just a reminder of our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Written by S.O

 

DUI Lawyer Says Amanda Bynes Is “Mentally Unfit” To Stand Trial For DUI

DUI Lawyer Says Amanda Bynes Is “Mentally Unfit” To Stand Trial For DUI

27-year-old actress, Amanda Bynes, was charged with a misdemeanor DUI back in April of 2012, when she scraped her black Mercedes along side a California patrol car.  In June of 2012, the “What a Girl Wants” film scarlet hired DUI attorney Rich Hutton and decided to plead not guilty.  Over a year later from the date of the arrest, Amanda’s DUI case was going to trial.  However, defense attorney Hutton showed up to court this past Tuesday, without Bynes by his side, to explain to the judge that Bynes could not undergo trial due to lack of the mental capacity to “understand the nature of the legal proceedings.”

Amanda Bynes has been under long-term care at a psychiatric ward since July of 2013 and is currently under a court ordered conservatorship, meaning she has an assigned guardian to assist and/or manage her daily activities and finances due to her mental limitations.  Allegedly Amanda’s mental diagnosis is complicated and may involve split personalities and/or schizophrenia.

During the DUI trial proceedings, the judge agreed with defense lawyer Hutton and decided to transfer Amanda’s DUI case to a mental health court where the new judge will conduct a hearing to determine Bynes’ mental competence.

 

Written by S.O