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Re: shell3 post# 25199

Friday, 04/26/2019 2:04:59 PM

Friday, April 26, 2019 2:04:59 PM

Post# of 27632
FYI in U.S. the Birchfield Law, the 2016 Supreme Court ruling on DUI blood tests that determined drawing blood is an intrusive act against personal privacy, and thus prohibited under your Fourth Amendment rights —unless a warrant or your consent is obtained.
If a warrant is not properly obtained before police take a blood sample for BAC testing, your OUI lawyer can file a motion to suppress the results from evidence.
Your case can be better positioned for dismissal or an acquittal if the blood-alcohol content (BAC) is kept out of evidence due to lack of a search warrant or your consent.
The Supreme Court of the United States also decided a DUI case that dealt with implied consent laws and refusal statutes. In this decision , the SCOTUS ruled that criminalizing a driver’s refusal to submit to BAC testing undercuts the notion of voluntary consent. Free and voluntary consent is an acceptable exception to government searches and seizures.
As a result, States cannot make separate crimes for DUI test refusals. Nor can they impose criminal punishments and penalties for a refusal.

Bottom Line the court systems will need an accurate device to set standardization for "THC" impairment or courts will run 24/7 with litigation issues/confusion once attorneys find loopholes and Constitutional rights violations etc etc, whether it's Cannabix or not something is needed IMHO
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