A DUI conviction is as easy as shootin lawyers in a quail hunt...
"There's a report out tonight that 24-years ago I was apprehended in Kennebunkport, Maine, for a DUI. That's an accurate story. I'm not proud of that. I oftentimes said that years ago I made some mistakes. I occasionally drank too much and I did on that night. I was pulled over. I admitted to the policeman that I had been drinking. I paid a fine. And I regret that it happened. But it did. I've learned my lesson."
—President George W. Bush, CNN Larry King Live, November 2, 2000
"Vice president Cheney’s first DWI conviction came in November 1962 when he was 21. According to the docket from Cheyenne Municipal Court, Cheney was arrested for 'operating motor vehicle while intoxicated.' A judge found Cheney guilty of the two charges and hit him with a 30-day suspension of his driver’s license. Cheney also had to forfeit a $150 bond. A police arrest card by Rock Springs Police Department shows Cheney was fined $100 for his second DWI conviction. According to Police Chief Neil Kourbelas, local cops and judges would not have known that Cheney was a repeat offender. "We could have arrested Jack the Ripper back then and had no idea what he had done.'”
-GaDUIblog.com, Top 50 DUI Arrests of All-Time, Feb 16 2007
"I'm the guy who pulled the trigger and shot my friend." [but was not tested for blood alcohol]
-Vice President Dick Cheney, Fox News, TheSmokingGun.com
"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
—Tennessee Driver Handbook and Driver License Study Guide
Video: Big Sis Pre-Crime System to Brain Scan Americans For Thinking “Malintent” - “Future Attribute Screening Technology (FAST), a US Department of Homeland Security (DHS) programme designed to spot people who are intending to commit a terrorist act, has in the past few months completed its first round of field tests at an undisclosed location in the northeast,” reports Nature.
Tennessee Homeland Security Fusion Center Puts ACLU On Terrorist List - . “The Tennessee Fusion Center (TFC) is a team effort of local, state and federal law enforcement, in cooperation with the citizens of the State of Tennessee, for the timely receipt, analysis and dissemination of terrorism information and all criminal activity relating to Tennessee, including DUI, and monitoring hidden cameras in all bars, restaurants and strip clubs,” explains the Tennessee Bureau of Investigation.
DUI bill requires blood draw in certain cases in Tennessee
May 30, 2011
It wasn't Kenneth Guyer Jr.'s first time behind the wheel allegedly drunk.
When the 40-year-old man got pulled over in September, it was his third time being stopped on suspicion of driving under the influence.
And law enforcement knew about his 1994 and 2003 DUI convictions.
When a police officer in Benton, Tenn., asked him to take a breath test or consent to a blood draw, he refused. When his case got to court, prosecutors didn't have enough evidence to charge him as a three-time DUI offender, so the charge was reduced to a lesser, included offense.
But if DUI-related legislation awaiting Gov. Bill Haslam's signature gets the go-ahead, defendants like Guyer will no longer slip through a loophole.
The legislation, which would go into effect Jan. 1, 2012, will require police to force a blood draw regardless of whether the driver consents to it if they have a prior DUI conviction or if they have a child in the vehicle with them under the age of 16.
Sponsored by lawmakers Sen. Mae Beavers, R-Mount Juliet, and Rep. Tony Shipley, R-Kingsport, the legislation, which critics claim violates certain constitutional rights, received unanimous support in the House and Senate.
"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."
Police began forcibly drawing blood in DUI cases in July 2009. Under current law, in vehicular assault or vehicular homicide cases, police can take a driver's blood with probable cause.
But in all other circumstances, a driver may refuse to submit blood with the understanding his or her driver's license will be suspended. It's called the Implied Consent Statute.
Brooklynn Martin Townsend, an assistant district attorney general in Bebb's 10th Judicial District whose job is funded by a federal grant to strictly prosecute DUI cases, hopes the legislation prohibits defendants like Guyer from getting off so easy.
"With multiple offenders, generally after their first or second DUI, their defense attorney says, 'Don't take the BAC (blood-alcohol content) test,' " Townsend said. "They learn not to do anything so they know they get that added benefit of very limited amount of evidence to show they're impaired.
"If I don't have a blood or breath test, as you can see, it can be very difficult to convict a multiple offender."
In addition, she said, multiple DUI offenders often have revoked licenses for prior convictions so the Implied Consent violation means nothing to them.
"This new law will help us immensely in getting multiple offenders who have learned to play the game off the road, which means more lives saved," Townsend said.
But Knoxville-based defense attorney Gregory P. Isaacs contends there is more than one way to prove someone is drunk behind the wheel.
"Field sobriety tests, which are federally approved, are used in every arrest and in court every day as evidence to show someone is impaired. So to say people aren't doing that to get out of a crime is not correct," he said.
Isaacs added that defense lawyers also often use a police video from the arrest that can be more powerful than any test in the eyes of a jury.
He also contends the passing of the bill raises Fourth Amendment issues, most of them grounded in the constitutional right to be free from unreasonable searches and seizures.
"Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues," he said. "This law really opens Pandora's box on virtually every DUI stop and weakens all of our fundamental freedoms."
It's like letting law enforcement go blindly into a convicted sexual offender's home to search because they think something is in there, he said.
Other critics, including Melanie Bean, the Tennessee Association of Criminal Defense Lawyers legislative chair, agreed there are a number of potential constitutional problems with the legislation.
"It's impossible to know exactly how the statute will be interpreted, but these issues will be dealt with on a case-by-case basis by defense lawyers, prosecutors and the courts after the bill goes into effect," she said.
Natalie Neysa Alund may be reached at 865-342-6307.
Comments
"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
—Tennessee Driver Handbook and Driver License Study Guide
"One of the major defects in many methods of blood-alcohol analysis is the failure to identify ethanol to the exclusion of all other chemical compounds. Thus a client with other compounds in his blood or breath may have a high 'blood-alcohol' reading with little or no ethanol in his body. If you look at the warranties - it is sort of interesting - none of the breath machine manufacturers warrant these things to actually test blood alcohol."
—Lawrence Taylor, attorney at law, DUICENTER.COM, Drunk Driving Defense, 5th Edition (2000)
"Nancy Benoit also had a blood alcohol reading of .184, although Sperry said the blood alcohol and drug levels could be affected by the decomposition of her body. 'These (blood alcohol) results are not reliable for interpretation because the amount of alcohol in her system could have all come from the decomposition.'"
—Cindy Morley, Fayette Daily News, GBI: Chris Benoit's son was full of Xanax, July 18, 2007
"The only reliable test for blood alcohol from a corpse is by drawing the blood directly from the interior chambers of the heart. Otherwise the blood can be contaminated with stomach and intestinal contents from ingested alcohol. This is especially true for crash victims."
—Dr Randall Pedigo MD, Knox County coroner, KPD firearms instructor and expert medical witness, shot 6 times by TBI during raid on his home searching for firearm used by towtrucking carthieves to kill a cop in Knoxville (actual shooter was "suicided" by police state death squad via "lead poisoning" and hanging), convicted of homosexual rape by injection of "vitamin" sedatives, conversation with Pirate News and The Prohibition Times
So where is all the cash going to come from to pay for all these new laws? Just a question?
Borrowed from Communist China and the private kosher "Federal" Reserve Bank that counterfeits all so-called dollar bills and steals 100% of fed income taxes by the unconstitutional unratified 16th Amendment.
"We don't know if it will stand up or if it's constitutional, but we'll test it." A DA making this statement should raise all kinds of red flags concerning his background and abilities. Any DA that says this should be removed from office.
ohh i see it does not really matter . this is tennessee no probs
this will not pass the constitutionality test. you have a right not to incriminate yourself. shouldnt matter what your criminal history is.
nope you cannot put a man in jail but once . then you can make a criminal of him since his child support will now be past due ... oh yeah and his license is revoked .and ohh yeah he must go to work to keep his children up . ohh wait now hes a felony . gotta love idiots .
"Shit's gettin way too complicated for me. There are white folks, and then there are ignorant mutherfuckers like you! You can put lipstick on a pig. Sorry ass mutherfucker's got nuttin on me. I inhaled frequently - that was the point. Pot helped, and booze. A little blow when you could afford it. Junkie, pothead. That's where I'd been headed. You ain't my bitch nigger, git your own damn fries!"
-Barack Hussein Obama Soetoro, Dreams From My Father MP3
"Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded. America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves."
-President Abraham Lincoln (Rothschild), unlicensed attorney at law
"Let me start with law enforcement contacts with respect to traffic stops, for suspicion of driving under the influence of alcohol or drugs. The Fifth amendment of the Bill of Rights states that we are not to be forced to incrimnate ourselves. The actual wording is, you cannot be compelled to be a witness against yourself. If you are stopped for suspicion of DUI, these are your rights regardless of the laws of your state. First of all, you are to deny having consumed any alcoholic beverages whatsoever. You are never to admit to having one or two drinks. If you admit to consuming even one drop of alcohol, you open the door to 'probable cause', allowing the police officer to search your car for open containers. Next, you are never to submit to a Field Sobriety Test. You are to refuse to do so. They cannot make you walk the line, they cannot make you balance or anything else. Now when you are arrested, you are to refuse to allow a blood-alcohol test, regardless of what state law 'requires', such as revocation of driving priveleges for a period of time. That's an attempt to compel you to be a witness against yourself. Supreme Court decisions in this area are very specific with regards to your rights as folows: Lefkowitz vs Turley, and the Fifth Amendment, provides that no person shall be compelled in any criminal case to be a witness against himself, and permits him to refuse to any any other qustions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings."
—George Gordon Law Hour, GeorgeGordon.com, "The Policeman is not your friend - He is your adversary," October 30, 2007
"I saw two officers as before, who rode up to me, with their pistols in their hands, said God damn you stop, if go an Inch further, you are a dead Man, and swore if we did not turn in to that pasture, they would blow our brains out. Major Mitchel of the 5th Regt clapd his Pistol to my head, and said he was going to ask me some questions, if I did not tell the truth, he would blow my brains out. I told him I esteemed myself a man of truth, that he had stopped me on the highway, & made me a prisoner, I knew not by what right; I would tell him the truth; I was not afraid."
—Paul Revere, owner of RevereWare¨, sworn affidavit: "Memorandum on Events of April 18, 1775" (declassified Top Secret), while under arrest (and subsequent escape) from Redcoat martial-law traffic police at Minute Man National Historic Park, Paul Revere Capture Site, on the eve of the American Revolutionary War and kicking off the Battle of Lexington and Concord, against the army, navy and courts of King George III, heriditary dictator of England who attempted "gun control" by an Assault Weapons Ban of defensive 50-caliber muskets and cannon, Paul Revere's Ride, by David Hackett Fischer
"Rocky Top you'll always be
Home sweet home to me
Good ole Rocky Top, Rocky Top, Tennessee
Rocky Top, Tennessee.
Once two strangers climbed old Rocky Top
Looking for a moonshine still
Strangers ain't come down from Rocky Top
Reckon they never will."
-University of Tennessee official fight song
http://www.utk.edu/athletics/tn_songs.shtml
"Back during Prohibition, when ATF agents went to the mountains to bust stills, they didn't come back. People wouldn't tolerate that oppression. That was before fluoride was added to the water..."
-Police Officer Jack McLamb, Jack McLamb Radio Show, 20 Feb 2010 (his webmaster was sent to prison for infiltrating Bohemian Grove and shooting video as an employee)
http://www.jackmclamb.org
"Don't get a DUI. When a cop pulls you over..... shoot him!" (crowd cheered wildly)
-Christopher Scum, The Dirty Works, Rebel Scum movie premier, Knoxville Tennessee
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