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Multi-Agency No Refusal Initiative Targets Drunk Drivers in Harr

Multi-Agency No Refusal Initiative Targets Drunk Drivers in Harr
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TownHubAdmin Top Forum Contributor4.7 yrs
~ 2 years, 10 mos ago   Dec 29, '23 11:46am  
Multi-Agency No Refusal Initiative Targets Drunk Drivers in Harris County
 
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MULTI-AGENCY DRIVING WHILE INTOXICATED NO REFUSAL INITIATIVE HAS BEGUN!!
 
Today, members with Constable Mark Herman's Office attended a press conference at the Houston TranStar Office regarding this weekend's multi-agency Driving While Intoxicated No Refusal initiative.
 
Constable Mark Herman and the Harris County Precinct 4 Constable’s Office joined forces with multiple agencies ahead of the New Year's holiday weekend to crack down on drunk drivers across the county.
 
This zero tolerance initiative will run from Friday, December 29th to Monday, January 1st.
 
“These increased law enforcement patrols have incorporated a pro-active police approach during this busy weekend to keep our citizens and their families safe. If you choose to drink and drive, you choose to go to jail.” - Constable Mark Herman
 
Please follow Constable Herman's Safety Tips:
• Designate a sober driver if you have consumed alcohol.
• Call a cab or Uber for transportation needs.
• Protect others by taking their keys if they attempt to drive after consuming alcohol.
• Be responsible-make safe decisions.
Happy New Year from the men and women of Constable Mark Herman’s Office!
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Airborne319 3.2 yrs
~ 2 years, 10 mos ago   Dec 29, '23 11:50am  
No refusal sounds like a violation of your 4th Amendment Rights. I don't drink so I have no skin in the game on this, but no refusal doesn't sound legal.
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Govchance 9.8 yrs
~ 2 years, 10 mos ago   Dec 29, '23 1:36pm  
Airborne319 :
That being said, if you drink and you drive, you are stupid! If you are behind to wheel of an automobile and you have alcohol on you breath, you are just asking for trouble. If you get pulled over, your life is going to change and not for the better!
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Airborne319 3.2 yrs
~ 2 years, 10 mos ago   Dec 29, '23 1:53pm  
Airborne319 : That being said, if you drink and you drive, you are stupid! If you are behind to wheel of an automobile and you have alcohol on you breath, you are just asking for trouble. If you get pulled over, your life is going to change and not for the better!
 
Govchance : As previously stated it would be impossible for me to have alcohol on my breath as I don't drink. I am looking at this more from an overreach standpoint. If we don't stand up when the state overreaches its authority, soon we will have no rights left. What's the Franklin quote that applies here - "those who would give up essential liberty to purchase little safety deserve neither".
 
Also another concept you're forgetting is that you don't forfeit rights until you are convicted of something. No refusal is a way to get around the presumption of innocence that is a right. So we are in essence letting the government trample on two fundamental rights.
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beadweaver 11.4 yrs
~ 2 years, 10 mos ago   Dec 29, '23 2:02pm  
Airborne319 :
Driving is not a righ is a privilege. When you accept a license, you agree to the laws of the motor vehicle codes. Law enforcement enforce those rules / laws. They also enforce Texas laws of the state, city, county.
A privilege is not a right.
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Govchance 9.8 yrs
~ 2 years, 10 mos ago   Dec 29, '23 2:03pm  
Airborne319 :
I am not arguing that point AB. My point being, it is a holiday, you know the cops are out their looking, if you are still stupid enough to get out there and drink/drive, you deserve what you get.
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Baldrick 6.5 yrs App
~ 2 years, 10 mos ago   Dec 29, '23 6:15pm  
No refusal sounds like a violation of your 4th Amendment Rights. I don't drink so I have no skin in the game on this, but no refusal doesn't sound legal.
 
Airborne319: It's really not at least because they still need probable cause to pull you over, Texas has found roadblocks unconstitutional.
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Airborne319 3.2 yrs
~ 2 years, 10 mos ago   Dec 29, '23 6:38pm  
I still say what no refusal is doing is taking away the assumption of innocence and putting the burden on proof on the citizen not on law enforcement and prosecution we it belongs. All they have to say is "we think we smell alcohol" - be it true or not - then you are compelled to prove your innocence, thereby giving up your 4th Amendment rights. To my knowledge the concept of no refusal has never been appealed to SCOTUS. My opinion is that this is a winnable case.
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Jayson 3.1 yrs
~ 2 years, 10 mos ago   Dec 29, '23 7:14pm  
My opinion is that there are valid drunks that need pulling over and jail/penalties… also a massive cash grab for police agencies for those who knowingly delve into the inference of "might have smelled alcohol". I have seen that personal destruction happen to folks who've done nothing wrong yet have to spend $12-$23k to get out of to preserve their careers.
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SmokeableForest 3 yrs
~ 2 years, 10 mos ago   Dec 29, '23 8:50pm  
Don't forget people smokin' and flyin' now. Usually look three times each way and go under the speed limit, stop twice at stop signs.
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SmokeableForest 3 yrs
~ 2 years, 10 mos ago   Dec 29, '23 8:51pm  
U feel like you are going 80 when you are doing 40 but when drinking it's vice versa.
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dac1842 13.3 yrs
~ 2 years, 10 mos ago   Dec 30, '23 10:06am  
Airborne319 :
Absolutely legal. It has been upheld by the courts.
You have no right to drink and drive
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billcherie2 8.8 yrs
~ 2 years, 10 mos ago   Dec 30, '23 10:22am  
If you are a designated driver is it legal for a passenger to have an open container in the vehicle ?
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Airborne319 3.2 yrs
~ 2 years, 10 mos ago   Dec 30, '23 10:36am  
Airborne319 : Absolutely legal. It has been upheld by the courts. You have no right to drink and drive
 
dac1842 : You're missing the point. Its not about a right to drink and drive. Its about the assumption of guilt and proving innocence by forcing a potentially self incriminating test. Per our Constitution and Bill of Rights, the burden of proof is on the accuser, not the accused. We are also provided with an assumption of innocence, not guilt. If we allow the government to trample our rights in the name of public safety, subverting the assumption of innocence and demanding tests to prove it, what happens when they subvert that precedence and decide they can kick in your door with a SWAT team in the name of public safety. Is that what you want? If we do not push back against the ever encroaching stance of big brother, before long we will be living in the truly dystopian brave new world…. Checks and balances on government exist because the founders well understood the desire of a government to exert power.
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dac1842 13.3 yrs
~ 2 years, 10 mos ago   Dec 30, '23 10:50am  
Airborne319 :
The officer who pulls you over 1- had to have probable cause for the stop.
Once you have been pulled over, the officer has to establish further probable cause, such as you exhibit signs of intoxication or impairment.
 
Once that is established you will be asked to submit to standardized field sobriety tests, these are the tests you agreed you would perform when you received your privileges to drive.
If you refuse these tests, or refuse the breath test, the officer submits an affidavit for a blood search warrant, which is reviewed by a Judge. If the Judge agrees that probable cause exists he/she signs the search warrant.
 
The process is the same as if the officer believed, or had reason to believe that you have drugs in your house.
The only difference is the item to be searched is your person and not a structure.
If one wants to avoid this, there is a simple solution, don't drink and drive.
Drunk drivers should be arrested, the laws and punishment in Texas are way to lax.
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