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Old 12-28-2012, 16:18   #111
Bruce M
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Join Date: Jan 2010
Location: S FL
Posts: 13,190
Quote:
Originally Posted by Random View Post
...

Your understanding of how the law should work is sound, but sadly you're misunderstanding how it is being used.
As it currently stands you can stand there stone cold sober with no evidence to the contrary. Your sober refusal to submit to a breathalyzer is being used as the (only) probable cause for them to take you into custody, restrain you, and draw your blood against your will.

....
That may be how it is happening or it may be your opinion of how it is happening. At least around here the refusal with no other evidence is not sufficient to get to the point where blood is forcibly drawn. Do you by chance have any cases in which blood was forced based solely on the refusal?
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Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.
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