Watching The Cops
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Title: Cops Put Bag On Woman’s Head, Strap Her To Chair And Choke Her To Draw Blood For DUI Test
Source:
Prison Planet
URL Source: http://www.prisonplanet.com/lawsuit ... o-draw-blood-for-dui-test.html
Published: Feb 09, 2015
Author: Prisonplanet.com
Post Date: 2015-02-10 00:46:24 by GeorgiaConservative
Keywords: police, cops
Views: 29346
Comments: 69
A woman is suing a host of parties after it emerged that cops in Austin, Texas, forcably took her blood for a DUI test, in a scene that sounds more like something that would occur at a Guantanamo Bay prison camp. Caroline Callaway was arrested by a police officer after she refused to take a breath test during a routine traffic stop. Ms Callaway was taken directly to the Travis County jail where the shocking events unfolded. Callaway’s attorney told reporters with Courthouse News that despite only “passive and verbal resistance” she was taken “to a small padded room, where she was surrounded by officers and strapped into ‘the chair,’ with her legs, wrists and shoulders restrained.” Callaway, who had informed the police that she suffers from anxiety disorder and uses medications for the ailment, then “began to involuntarily tremble from anxiety and fear.” This prompted the cops to put a bag, known as a “Tranzport Hood,” over her head to deprive the senses, in some backwards notion that this would have a calming effect. All the hood did was cause Callaway to panic further as she could not see what was happening and had further difficulty breathing. A contracted nurse was on hand to perform the blood draw, but according to the complaint, “the needle popped out because of Ms. Callaway’s shaking and blood spewed onto one of the officers.” “(D)efendants continued the abuse determined to take Ms. Callaway’s blood. In order to stop Ms. Callaway from trembling, one of the officers used choke hold pressure points on her neck, until her body went limp.” the complaint further notes. 
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#7. To: GeorgiaConservative (#0)
How do we know she wasn't spitting on the officers in her drunken rage... as the reason for the hood?
If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it. DUI laws and processes to prove guilt exist to make police able to get more taxes, not make the roads safer. If society wants fewer drunks on the roads harming others, put more police on the job and train them to watch for signs of drunks driving with their eyes and nose. As far as I am concerned, taking of blood or forced breathalyzers are violations of the 5th amendment. It doesn't matter if a person has an accident because they were fat or drunk, they had an accident. Now if they can be proven to have caused the accident, the reason they did so is not relevant and should not be related to punishment. If say they were sitting at a light and someone rear ends them, are they at fault because the cops give her a test that she fails?
There are a few things, medically, that can look like intoxication. A blood BAC or a breath test is imperative. Besides, most states write into their law that an operator can't refuse, upon PC for a DWI arrest. Driving is not a right... it's a privledge.
I agree. Make the determination based on the officer's observation -- the way the person was driving, their appearance, alcohol on breath, slurred speech, etc. If, as a result of those observations, the person is arrested for DUI, then THEY may request the officer to perform a DUI test to prove their innocence.
Only one hole in your plan, the defendant doesn't have to prove Jack-shit. You're opening up a whole can of constitutional worms.
#32. To: GrandIsland (#27)
You're right. He doesn't have to. He can go to court and listen to the officer describe why he was arrested for DUI -- weaving all over the road, eyes red, speech blurred, reeking of alcohol -- and as his defense offer ... diddley-squat. My plan offers him a choice and retains his rights. Rather than being forced to take some DUI test, the arrest is based on the officer's observation. If the driver knows he's not impaired, he can insist on a DUI test (breath or blood) and settle the matter with the officer right then and there. Or not. Justice is served and no rights are violated. Why not?
Top • Page Up • Full Thread • Page Down • Bottom/LatestCallaway, who had informed the police that she suffers from anxiety disorder and uses medications for the ailment, then “began to involuntarily tremble from anxiety and fear.” This prompted the cops to put a bag, known as a “Tranzport Hood,” over her head to deprive the senses, in some backwards notion that this would have a calming effect.
#17. To: GrandIsland (#7)
#20. To: jeremiad (#17)
If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it.
#26. To: GrandIsland (#20)
"If the lady is easily proven to be drunk and unable to safely drive a vehicle by such old fashioned tools as observation, there is no reason to force her to "donate" blood to prove it."
#27. To: misterwhite (#26)
f, as a result of those observations, the person is arrested for DUI, then THEY may request the officer to perform a DUI test to prove their innocence.
Replies to Comment # 27. "the defendant doesn't have to prove Jack-shit."
End Trace Mode for Comment # 27.
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