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: 26544
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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Begin Trace Mode for Comment # 69.
#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.
The Constitution says we SHALL NOT be compelled to provide evidence against ourselves. If you are FORCED to provide that evidence, that is against our rights. If you are FORCED to waive those rights at the point of a gun, is that not another violation of our right protecting us from unlawful imprisonment and forced testimony?
This is off on a little bit of a tangent. But here in Ohio I've noticed that if you want to use a public defender. Which is supposed to be a right from the constitution. Then you have to waive your other right to a speedy trial. Any idea how they can get away with making you waive a right to exercise another one? Not only that you are encouraged to do that and they have the forms right there that they pass out like pez candy. Wouldn't that violate something about giving legal advice.
Not only that you are encouraged to do that and they have the forms right there that they pass out like pez candy. Wouldn't that violate something about giving legal advice. I have not seen the specific forms to which you refer but I have identified a bit of misunderstanding. You appear to be conflating two distinct and separate rights to a speedy trial. While you are seeing a violation of constitutional rights, I reasonably surmise that you would only waive statutory rights to a speedy trial. I doubt they can require everyone using a public defender to waive their right, or make a waiver irrevokable. The constitutional right is a general one judged on a showing of due diligence rather than a spelled out time limit. The statutory rights are spelled out by specific time periods allowed for specific grades of alleged crime. There is no legal violation in requesting someone to waive a right, for example, to waive one's constitutional right to remain silent. You may waive your statutory right to a speedy trial. If you choose to use the services of a public defender, their case load may make it impossible for them to provide adequate service within the statutory speedy trial time limit. It is reasonable that they request you waive the speedy trial time. Your attorney may waive the time limit by asking to continue a pre-trial hearing to a later date. He can do it without your permission and you are bound by his act. Your attorney waiving the time limit against your express wishes is not proper and I have quoted from a California case directly on point below. http://law.justia.com/cases/california/supreme-court/3d/26/557.html [excerpt - opinion of the court] Section 1382, which interprets the state constitutional right to a speedy trial (see Cal. Const., art. I, § 15), provides that absent a showing of good cause, a defendant accused of a felony is entitled to a dismissal of the charges against him if he is not brought to trial within 60 days of the filing of the information. Defendant Johnson was not brought to trial within this statutory period. Instead, the trial court, at the request of the public defender, and over defendant's express objection, repeatedly continued the case, with the result that trial commenced 144 days after the filing of charges. Defendant raised his speedy trial claim in the trial court, but did not seek pretrial appellate intervention. We summarize briefly our conclusions respecting the speedy trial issue. We conclude, first, that when a client expressly objects to waiver of his right to a speedy trial under section 1382, counsel may not waive [26 Cal.3d 562] that right to resolve a calendar conflict when counsel acts not for the benefit of the client before the court but to accommodate counsel's other clients. Secondly, we conclude that, at least in the case of an incarcerated defendant, the asserted inability of the public defender to try such a defendant's case within the statutory period because of conflicting obligations to other clients does not constitute good cause to avoid dismissal of the charges. Finally, we reaffirm the holding of People v. Wilson (1963) 60 Cal.2d 139 [32 Cal.Rptr. 44, 383 P.2d 452], that a defendant seeking post-conviction review of denial of a speedy trial must prove prejudice flowing from the delay of trial; we affirm here because defendant proved no prejudice. If you are really and truly determined to exercise speedy trial rights, and your attorney seeks a waiver over your objection, it would seem advisable to request it in writing to the trial court. Do not wait to request a post-conviction review. However, in this case, you may wind up at trial in five days with an unprepared defense. The applicable Ohio Revised Statutes are shown below. http://codes.ohio.gov/orc/2945.71 (A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the person's arrest or the service of summons. (B) Subject to division (D) of this section, a person against whom a charge of misdemeanor, other than a minor misdemeanor, is pending in a court of record, shall be brought to trial as follows: (1) Within forty-five days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than sixty days; (2) Within ninety days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days. (C) A person against whom a charge of felony is pending: (1) Notwithstanding any provisions to the contrary in Criminal Rule 5(B), shall be accorded a preliminary hearing within fifteen consecutive days after the person's arrest if the accused is not held in jail in lieu of bail on the pending charge or within ten consecutive days after the person's arrest if the accused is held in jail in lieu of bail on the pending charge; (2) Shall be brought to trial within two hundred seventy days after the person's arrest. (D) A person against whom one or more charges of different degrees, whether felonies, misdemeanors, or combinations of felonies and misdemeanors, all of which arose out of the same act or transaction, are pending shall be brought to trial on all of the charges within the time period required for the highest degree of offense charged, as determined under divisions (A), (B), and (C) of this section. (E) For purposes of computing time under divisions (A), (B), (C)(2), and (D) of this section, each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days. This division does not apply for purposes of computing time under division (C)(1) of this section. (F) This section shall not be construed to modify in any way section 2941.401 or sections 2963.30 to 2963.35 of the Revised Code. Effective Date: 10-29-1999 http://codes.ohio.gov/orc/2945.72 The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be extended only by the following: (A) Any period during which the accused is unavailable for hearing or trial, by reason of other criminal proceedings against him, within or outside the state, by reason of his confinement in another state, or by reason of the pendency of extradition proceedings, provided that the prosecution exercises reasonable diligence to secure his availability; (B) Any period during which the accused is mentally incompetent to stand trial or during which his mental competence to stand trial is being determined, or any period during which the accused is physically incapable of standing trial; (C) Any period of delay necessitated by the accused's lack of counsel, provided that such delay is not occasioned by any lack of diligence in providing counsel to an indigent accused upon his request as required by law; (D) Any period of delay occasioned by the neglect or improper act of the accused; (E) Any period of delay necessitated by reason of a plea in bar or abatement, motion, proceeding, or action made or instituted by the accused; (F) Any period of delay necessitated by a removal or change of venue pursuant to law; (G) Any period during which trial is stayed pursuant to an express statutory requirement, or pursuant to an order of another court competent to issue such order; (H) The period of any continuance granted on the accused's own motion, and the period of any reasonable continuance granted other than upon the accused's own motion; (I) Any period during which an appeal filed pursuant to section 2945.67 of the Revised Code is pending. Effective Date: 11-01-1978 http://codes.ohio.gov/orc/2945.73 (A) A charge of felony shall be dismissed if the accused is not accorded a preliminary hearing within the time required by sections 2945.71 and 2945.72 of the Revised Code. (B) Upon motion made at or prior to the commencement of trial, a person charged with an offense shall be discharged if he is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code. (C) Regardless of whether a longer time limit may be provided by sections 2945.71 and 2945.72 of the Revised Code, a person charged with misdemeanor shall be discharged if he is held in jail in lieu of bond awaiting trial on the pending charge: (1) For a total period equal to the maximum term of imprisonment which may be imposed for the most serious misdemeanor charged; (2) For a total period equal to the term of imprisonment allowed in lieu of payment of the maximum fine which may be imposed for the most serious misdemeanor charged, when the offense or offenses charged constitute minor misdemeanors. (D) When a charge of felony is dismissed pursuant to division (A) of this section, such dismissal has the same effect as a nolle prosequi. When an accused is discharged pursuant to division (B) or (C) of this section, such discharge is a bar to any further criminal proceedings against him based on the same conduct. Effective Date: 01-01-1974 http://codes.ohio.gov/orc/2941.401 When a person has entered upon a term of imprisonment in a correctional institution of this state, and when during the continuance of the term of imprisonment there is pending in this state any untried indictment, information, or complaint against the prisoner, he shall be brought to trial within one hundred eighty days after he causes to be delivered to the prosecuting attorney and the appropriate court in which the matter is pending, written notice of the place of his imprisonment and a request for a final disposition to be made of the matter, except that for good cause shown in open court, with the prisoner or his counsel present, the court may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the warden or superintendent having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time served and remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the adult parole authority relating to the prisoner. The written notice and request for final disposition shall be given or sent by the prisoner to the warden or superintendent having custody of him, who shall promptly forward it with the certificate to the appropriate prosecuting attorney and court by registered or certified mail, return receipt requested. The warden or superintendent having custody of the prisoner shall promptly inform him in writing of the source and contents of any untried indictment, information, or complaint against him, concerning which the warden or superintendent has knowledge, and of his right to make a request for final disposition thereof. Escape from custody by the prisoner, subsequent to his execution of the request for final disposition, voids the request. If the action is not brought to trial within the time provided, subject to continuance allowed pursuant to this section, no court any longer has jurisdiction thereof, the indictment, information, or complaint is void, and the court shall enter an order dismissing the action with prejudice. This section does not apply to any person adjudged to be mentally ill or who is under sentence of life imprisonment or death, or to any prisoner under sentence of death. Effective Date: 10-06-1994
There are no replies to Comment # 69. End Trace Mode for Comment # 69.
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.
#65. To: GrandIsland (#20)
(Edited)
#68. To: jeremiad, nolu chan (#65)
(Edited)
If you are FORCED to waive those rights
#69. To: A K A Stone (#68)
This is off on a little bit of a tangent. But here in Ohio I've noticed that if you want to use a public defender. Which is supposed to be a right from the constitution. Then you have to waive your other right to a speedy trial. Any idea how they can get away with making you waive a right to exercise another one?
People v Johnson, 26 Cal 3d 558 (1980)
2945.71 Time for trial.
2945.72 Extending time for hearing or trial.
2945.73 Delay in hearing or trial.
2941.401 Request for a final disposition on pending charges by prisoner.
Replies to Comment # 69.
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