February 01, 2013 (Press-News.org) US Supreme Court to rule on DWI blood test issue
The United States Supreme Court has agreed to hear a case addressing whether police are required to obtain a warrant before drawing blood samples from people suspected of driving while intoxicated.
Courts and law enforcement agencies across the U.S. are divided on whether warrantless blood draws violate the ban on unreasonable searches and seizures set forth in the Fourth Amendment to the U.S. Constitution. The Fourth Amendment requires police to obtain permission from a judge before conducting most searches and seizures of people or their property in order to prevent too much power from being placed in the hands of police.
Law enforcement agencies argue that they should not have to obtain a warrant before requiring drivers suspected of DWI to submit to a blood test, since alcohol dissipates in the bloodstream over time and the delays involved in seeking a warrant may cause evidence to be lost in some cases.
On the other hand, defense attorneys and civil liberties advocates such as the American Civil Liberties Union argue that warrantless blood draws intrude on drivers' constitutional rights without significantly improving public safety. They point out that many state and local governments require police to obtain warrants before drawing blood, and have managed to do so successfully in thousands of cases.
San Antonio "no refusal" policy
In Texas, state law provides that all drivers in the state give their "implied consent" to undergo blood or breath testing when requested by an officer conducting a lawful DWI arrest. However, because some drivers still refuse to provide a sample, many law enforcement agencies in Texas -- including the San Antonio Police Department -- now use search warrants to perform tests on drivers who do not submit voluntarily.
The Texas Department of Transportation provided a $1.4 million grant to the San Antonio Police Department and the Bexar County Sherriff's Office in 2012 to help fund the so-called "no refusal" policy, the San Antonio Express-News reported. The no-refusal program, which was previously limited to weekends, is now in effect every day of the year in the San Antonio area. The program provides extra police officers, medical technicians and other staff to help expedite the process of obtaining warrants and blood samples in cases of suspected DWI.
People facing DWI charges in Texas risk serious legal and personal consequences if convicted, including potential jail time, steep fines and license suspension. If you or a loved one has been arrested on suspicion of DWI in Texas, it is important to seek help from an experienced criminal defense lawyer who can help protect your rights and fight for an optimal resolution to the charges.
Article provided by Sylvia A. Cavazos, Attorney at Law
Visit us at http://www.sylviacavazoslaw.com
US Supreme Court to Rule on DWI Blood Test Issue
The US Supreme Court will soon decide whether police officers may draw blood from DWI suspects without a warrant.
2013-02-01
ELSE PRESS RELEASES FROM THIS DATE:
Dividing A Military Pension In A Divorce
2013-02-01
Dividing a military pension in a divorce
If you or your spouse is in the military or has a military pension, the property division in your divorce is more complex than most. The Uniformed Services Former Spouses Protection Act, or USFSPA, governs how a military pension and other military benefits are distributed or used in the event of a divorce.
Basics of the USFSPA
Military disposable retired pay is the service member's monthly retirement benefit -- a military pension. The USFSPA allows state courts to treat a military pension just like any other pension plan ...
Prenuptial and Postnuptial Agreements
2013-02-01
Prenuptial and postnuptial agreements
With more and more people marrying later in life and the increase in second marriages, prenuptial agreements are becoming more popular. A prenuptial agreement is a marital contract that is entered between a couple prior to their marriage. Generally a prenup ensures that the assets a person brings into a marriage remain their own if the marriage ends in divorce. The prenuptial agreement circumvents the idea of "what is mine is yours."
Benefits of a prenuptial agreement
Couples choose to enter into a pre-martial contract ...
Women And Children May Face Lapses In Insurance Coverage After Divorce
2013-02-01
Women and children may face lapses in insurance coverage after divorce
A new study discovered many women become uninsured every year after divorce. Sadly, lapses in insurance also affect the children of divorcing parents. Spouses should plan for their health, automotive, life and homeowners insurance coverage during divorce proceedings.
Divorcing women may lose health insurance coverage
A study by researchers at the University of Michigan found that every year about 115,000 women in the United States lose their health insurance coverage due to divorce. For the ...
The Dangers Of Athletics: High School Football And Brain Damage
2013-02-01
The dangers of athletics: High school football and brain damage
All sports involve some risk of injury. The nature of athletics coupled with the fearlessness of many children leads to thousands of sports-related accidents yearly. Yet, a recent study has brought forth disturbing data concerning long-term brain damage in football players, even those who only play at an amateur level.
High school football may lead to long-term brain damage
The Boston University Center for the Study of Traumatic Encephalopathy recently conducted a study which found evidence that playing ...
MN Legislator May Introduce Bill To Require Paid Sick Leave
2013-02-01
MN legislator may introduce bill to require paid sick leave
If you live and work in Minnesota, the chances are high that you either know someone or have personally been infected with one of the flu strains prevalent in the state this year. Minnesota is currently in the midst of flu season, with hospitals in Southern Minnesota recently reporting a sharp increase in the number of flu cases. According to health officials, over 900 people in Minnesota have been admitted to the hospital due to the flu.
The flu season got off to an early start this year. A health official ...
Three Steps In Rebuilding Your Credit After Bankruptcy
2013-02-01
Three steps in rebuilding your credit after bankruptcy
It goes without saying that the economy has been tough for the past four years. As a result of these economic difficulties, more South Carolinians and Americans in general have been through a bankruptcy. However, once the bankruptcy is completed, many do not know what to do to rebuild their credit.
It is important to return to financial heath after bankruptcy. Once a bankruptcy is filed, it stays on your credit report for up to 10 years, which can lower your credit score dramatically. Since lenders use your credit ...
Former Miami Police Sergeant Convicted Of Drug Conspiracy
2013-02-01
Former Miami police sergeant convicted of drug conspiracy
A former Miami police sergeant was recently convicted by a federal jury on several charges, including drug conspiracy and civil rights violations.
According to an FBI press release dated January 18, 2013, Raul Iglesias of Miami was convicted on eight counts, including conspiracy to possess cocaine, possession with intent to distribute, obstruction of justice and other charges. Earlier in January, the Miami Herald reported that Iglesias had testified in his own defense at trial, denying allegations that he had ...
New Law May Decrease Nursing Home Abuse In California
2013-02-01
New law may decrease nursing home abuse in California
A new California health care law makes all employees, supervisors or administrators at nursing homes or assisted living facilities mandated reporters. As mandated reporters, they are legally required to report any physical abuse, abandonment, neglect, isolation or financial abuse of residents in long-term care centers to local law enforcement and the care center's ombudsman.
The new legislation is a welcome response to elder abuse. Napa County's Health and Human Services department investigated 295 abuse and neglect ...
Nursing Home Director Sentenced To Prison For Drugging Elderly Residents
2013-02-01
Nursing home director sentenced to prison for drugging elderly residents
A California nursing director at a Kern County hospital was sentenced to three years in prison for drugging elderly patients with potent and medically unnecessary anti-psychotic medication to make them easier to control. According to the California Attorney General, the nursing director convinced others to prescribe the drugs to the noisier and more argumentative patients, so that she could keep them quiet and more manageable. The unnecessary drugs killed three patients and many more suffered serious ...
Church Van Crash Victims' Families Sue Driver Who Crossed Center Line
2013-02-01
Church van crash victims' families sue driver who crossed center line
The families of a teenage girl and a youth pastor who died when their church van was struck head on by another vehicle on Chapman Highway have sued the driver they say is responsible for causing the crash. The 21-year-old man was allegedly driving under the influence when police say he crossed the center line in his sport utility vehicle and struck the church van head-on, killing a 16-year-old and a 45-year-old, and injuring 12 others. Investigators reported that they found drugs in the man's SUV. ...
LAST 30 PRESS RELEASES:
Some fuel lodges in the inner walls of fusion vessels. Researchers now have a better idea of how much.
Bismuth-based catalysts: Promising candidates for electrochemical CO2 reduction to formate
Novel molten metal catalysts for CO2-free hydrogen production
Beyond the burn: Harvesting dead wood to reduce wildfires and store carbon
Researchers at Case Western Reserve, University Hospitals to begin clinical testing with new, less-invasive technology to screen for esophageal precancer
JMC|With generative AI assistance, Insilico Medicine announces novel CDK12/13 dual inhibitors for tumor treatment
Novel photochromic glass can store rewritable 3D patterns
Sea sponge inspires super strong compressible material
AI generates playful, human-like games
Bacteria ‘leaking across stomach lining’ could indicate risk of gastric cancer, new study has found
Feeding anemone: Symbiote fish actively feed hosts in wild
New AI-powered tool could enhance traumatic brain injury investigations in forensics and law enforcement
A protein from tiny tardigrades may help cancer patients tolerate radiation therapy
Double network hydrogel polymers with rapid self-strengthening abilities
Schizophrenia is reflected in the brain structure
Researchers warn continuous glucose monitors can overestimate blood sugar levels
Colorectal cancer: Lipids can predict treatment efficacy
Physical activity boosts mental health in women with chronic pelvic pain disorders
New method searches through 10 sextillion drug molecules
Breakthrough in the development of a new low-cost computer
New computer model can predict the length of a household's displacement in any U.S. community after a disaster
At your service: How older adults embrace demand-responsive transportation
Enhancing lithium-ion battery performance with roll-to-roll compatible flash process technology
Simulating scientists: New tool for AI-powered scientific discovery
Helium in the Earth's core
Study: First female runner could soon break the 4-minute-mile barrier
High dietary fish intake may slow disability progression in MS
UK Armed Forces servicewomen face unique set of hurdles for abortion access/care
Use of strong synthetic opioids during surgery linked to poor composite experience of pain
UK innovation to transform treatment for people with type 2 diabetes worldwide
[Press-News.org] US Supreme Court to Rule on DWI Blood Test IssueThe US Supreme Court will soon decide whether police officers may draw blood from DWI suspects without a warrant.