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	<title>Comments on: Indiana police force catherization on DUI suspect after passing breathalyzer</title>
	<atom:link href="http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/</link>
	<description>It's a First Amendment Right</description>
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		<title>By: The Dave</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15094</link>
		<dc:creator>The Dave</dc:creator>
		<pubDate>Tue, 08 Sep 2009 23:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15094</guid>
		<description>&quot;No idea what they do if you pass the field sobriety test AND the field breathalyzer.&quot; &lt;-- In theory, you&#039;re seemed sober.</description>
		<content:encoded><![CDATA[<p>&#8220;No idea what they do if you pass the field sobriety test AND the field breathalyzer.&#8221; &lt;&#8211; In theory, you&#8217;re seemed sober.</p>
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		<title>By: genewitch</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15093</link>
		<dc:creator>genewitch</dc:creator>
		<pubDate>Tue, 08 Sep 2009 22:23:18 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15093</guid>
		<description>@tony, joel, michael

Yeah, if you blow above the limit on the breathalyzer, they take you to the hospital to draw blood.

No idea what they do if you pass the field sobriety test AND the field breathalyzer.</description>
		<content:encoded><![CDATA[<p>@tony, joel, michael</p>
<p>Yeah, if you blow above the limit on the breathalyzer, they take you to the hospital to draw blood.</p>
<p>No idea what they do if you pass the field sobriety test AND the field breathalyzer.</p>
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		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15059</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Mon, 07 Sep 2009 18:29:45 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15059</guid>
		<description>Here in Indiana if you blow above the limit on the breathalyzer, they&#039;ll take you in for another breath test on the machine at the station.

If you refuse, they&#039;ll try and get you to consent to a blood test at a hospital, any way they can to get something to show in court.</description>
		<content:encoded><![CDATA[<p>Here in Indiana if you blow above the limit on the breathalyzer, they&#8217;ll take you in for another breath test on the machine at the station.</p>
<p>If you refuse, they&#8217;ll try and get you to consent to a blood test at a hospital, any way they can to get something to show in court.</p>
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		<title>By: Joel Chandler</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15058</link>
		<dc:creator>Joel Chandler</dc:creator>
		<pubDate>Mon, 07 Sep 2009 17:07:47 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15058</guid>
		<description>genewitch,

My comment was based upon a supposition: LEO is employing logic.  I realize that in many cases that&#039;s a false predicate.

IF, LEO is consistent then they would employ the blood test no matter what the breathalyzer results were.  &quot;Hey you blew a negative, I&#039;m taking you to County Hospital to confirm.&quot;  OR &quot;Hey you blew a positive, I&#039;m taking you to County Hospital to confirm.&quot;

I was trying, in my earlier post to point out the inconsistent behavior of LEO.  You will likely never be given a blood test by LEO because they doubt the accuracy of the breathalyzer if the results are what they are looking for in the first place.  In my opinion, they are not looking for the truth but a conviction.

For LEO and Prosecutors it&#039;s about winning not justice.</description>
		<content:encoded><![CDATA[<p>genewitch,</p>
<p>My comment was based upon a supposition: LEO is employing logic.  I realize that in many cases that&#8217;s a false predicate.</p>
<p>IF, LEO is consistent then they would employ the blood test no matter what the breathalyzer results were.  &#8220;Hey you blew a negative, I&#8217;m taking you to County Hospital to confirm.&#8221;  OR &#8220;Hey you blew a positive, I&#8217;m taking you to County Hospital to confirm.&#8221;</p>
<p>I was trying, in my earlier post to point out the inconsistent behavior of LEO.  You will likely never be given a blood test by LEO because they doubt the accuracy of the breathalyzer if the results are what they are looking for in the first place.  In my opinion, they are not looking for the truth but a conviction.</p>
<p>For LEO and Prosecutors it&#8217;s about winning not justice.</p>
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		<title>By: tony</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15055</link>
		<dc:creator>tony</dc:creator>
		<pubDate>Mon, 07 Sep 2009 13:32:17 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15055</guid>
		<description>genewitch:  you need that test now or what, FAILED it? were we talking about passing it or what, oh HELL if you fail, they dont need anyother test, do they? &quot;your BUSTED&quot;</description>
		<content:encoded><![CDATA[<p>genewitch:  you need that test now or what, FAILED it? were we talking about passing it or what, oh HELL if you fail, they dont need anyother test, do they? &#8220;your BUSTED&#8221;</p>
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		<title>By: genewitch</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15054</link>
		<dc:creator>genewitch</dc:creator>
		<pubDate>Mon, 07 Sep 2009 12:02:35 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15054</guid>
		<description>#17 @joel

Yeah, if you fail the breathalyzer test you can still be taken to a medical office for a blood test.

I speak from experience. &gt;.&lt; (hey, it was a decade ago, what are you gunna do?)</description>
		<content:encoded><![CDATA[<p>#17 @joel</p>
<p>Yeah, if you fail the breathalyzer test you can still be taken to a medical office for a blood test.</p>
<p>I speak from experience. &gt;.&lt; (hey, it was a decade ago, what are you gunna do?)</p>
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		<title>By: Joel Chandler</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15050</link>
		<dc:creator>Joel Chandler</dc:creator>
		<pubDate>Mon, 07 Sep 2009 04:46:33 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15050</guid>
		<description>Edith needs to take a civics lesson in the worst way.  &quot;.. the very rights that our government has bestowed upon them....&quot;  The government has not bestowed any rights upon the citizens.  In fact, if she would take the time to read the Federalist Papers, the Declaration of Independence and the US Constitution she will learn that the governments derives ALL of its powers from the PEOPLE!

One of the underlying principles embraced by the Founding Fathers and the framers of the Constitution was the idea that certain rights are inalienable because they are NOT derived from the government.

How can anyone abuse their civil rights by simply exercising them?</description>
		<content:encoded><![CDATA[<p>Edith needs to take a civics lesson in the worst way.  &#8220;.. the very rights that our government has bestowed upon them&#8230;.&#8221;  The government has not bestowed any rights upon the citizens.  In fact, if she would take the time to read the Federalist Papers, the Declaration of Independence and the US Constitution she will learn that the governments derives ALL of its powers from the PEOPLE!</p>
<p>One of the underlying principles embraced by the Founding Fathers and the framers of the Constitution was the idea that certain rights are inalienable because they are NOT derived from the government.</p>
<p>How can anyone abuse their civil rights by simply exercising them?</p>
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		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15049</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Mon, 07 Sep 2009 04:29:48 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15049</guid>
		<description>From Edith&#039;s about page:

&quot;We are appalled over the all-too-evident rise of those who would disrespect our laws and institutions.  Being American means being willing to stand up to those who would spew their Anti-American rhetoric and shout them down.  This is our intent.

&quot;We will not sit idly by and watch as Utopian radicals abuse the very rights that our government has bestowed upon them to disparage that same government.&quot;

Premium batshit insanity and authority worship. It&#039;s just bloody sad.</description>
		<content:encoded><![CDATA[<p>From Edith&#8217;s about page:</p>
<p>&#8220;We are appalled over the all-too-evident rise of those who would disrespect our laws and institutions.  Being American means being willing to stand up to those who would spew their Anti-American rhetoric and shout them down.  This is our intent.</p>
<p>&#8220;We will not sit idly by and watch as Utopian radicals abuse the very rights that our government has bestowed upon them to disparage that same government.&#8221;</p>
<p>Premium batshit insanity and authority worship. It&#8217;s just bloody sad.</p>
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		<title>By: Kylie</title>
		<link>http://carlosmiller.com/2009/09/04/indiana-police-force-catherization-on-dui-suspect-after-passing-breathalyzer/#comment-15043</link>
		<dc:creator>Kylie</dc:creator>
		<pubDate>Sun, 06 Sep 2009 17:22:17 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7907#comment-15043</guid>
		<description>Also, if the cop wanted to charge him with something and couldn&#039;t prove DUI with the breathalizer, why didn&#039;t he just charge him with two counts of running a stop sign and reckless and imprudent driving, or whatever similar charge they have available in that jurisdiction? Or maybe even a reckless endangerment? You don&#039;t have to be drunk to be reckless, and supposedly the original motivation for pulling him over was him running two stop signs.

Definitely reeks of contempt of cop.</description>
		<content:encoded><![CDATA[<p>Also, if the cop wanted to charge him with something and couldn&#8217;t prove DUI with the breathalizer, why didn&#8217;t he just charge him with two counts of running a stop sign and reckless and imprudent driving, or whatever similar charge they have available in that jurisdiction? Or maybe even a reckless endangerment? You don&#8217;t have to be drunk to be reckless, and supposedly the original motivation for pulling him over was him running two stop signs.</p>
<p>Definitely reeks of contempt of cop.</p>
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