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Coronavirus and the Law of Implied Consent

Discussion in 'Drivers License, Vehicle Registration' started by Raymond1993!, Jul 20, 2020.

  1. Raymond1993!

    Raymond1993! Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    How is the pandemic impacting the Law of Implied Consent?

    In Pennsylvania, if one refuses a blood test at the request of a police officer, supposing the stop was valid on the officer's part, the driver faces an automatic year suspension of their driving privileges regardless of the case ruling.

    If the refusal was due to fears of contracting the virus how much weight may this hold in the eyes of the DMV when ruling on the suspension and or the court ruling?

    Is anyone aware of any case rulings on DUI Refusals during the pandemic? I have researched on Google typing in many variations including Coronavirus and the Law of Implied Consent with no success.
     
  2. justblue

    justblue Well-Known Member

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    Were you arrested for a DUI and want to use this as a possible defense...or is this just a hypothetical question?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Raymond, don't drink and drive and you'll never need an answer to that question.
     
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  4. army judge

    army judge Super Moderator

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    The scamdemic is only impacting people.
    The laws of our various states and their federal partner are doing well. None have been destroyed or gone missing during the scamdemic, which can't be said for the unnecessary beating our fine law enforcers have been taking lately.
     
  5. justblue

    justblue Well-Known Member

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    COVID-19 is not a scam. To believe that this is a scam is to say that all the world leaders are conspiring to fool the world population. That is foolish as that makes no sense. IMO.
     
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  6. army judge

    army judge Super Moderator

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    Thank you for sharing your opinion.

    Isn't the USA great nation?

    We can hold opposing viewpoints, express those viewpoints, all without bloodshed.
     
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  7. justblue

    justblue Well-Known Member

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    I love that in the US we are allowed to express our opinion without getting spat upon, beaten, pepper sprayed, arrested, tasered, shot or killed....sometimes.

    Personally the very worse thing I do when having a difference of opinion is roll my eyes. I roll my eyes a lot while talking with my BIL whom I love dearly. :)
     
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  8. Tax Counsel

    Tax Counsel Well-Known Member

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    I think you'll find that such a refusal would still be held against you. The state has not modified the implied consent law to say that you can refuse to take the test because you are wearing a mask or because of fear of covid-19.
     
  9. Tax Counsel

    Tax Counsel Well-Known Member

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    Wrong, Jack. Cops can and do ask for BAC tests in some instances even when the driver hasn't been drinking or is not legally impaired.
     
  10. mightymoose

    mightymoose Moderator

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    This seems a very unreasonable concern. Providing a blood sample does not put one at greater risk of contracting COVID-19.
     
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  11. Disabled Vet

    Disabled Vet Active Member

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    Why not? One must enter a medical operation to have the blood drawn. I was just told my local VA has shut down all entrances except one. So everyone must enter through there. The clinic that I had to go required me to walk thru the area they bring all Cov19 patients thru as well.
    So.... going into a medical place could put a person at a greater risk. :)
     
  12. mightymoose

    mightymoose Moderator

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    I suppose exposure varies by jurisdiction. I have always had the phlebotomist come to me. No need to go to any medical facility.
    Some agencies have their own person licensed for blood draws.

    In most cases exposure to others is likely minimal, and no more risky than exposure to the officer. With masks and social distancing being practiced at government and medical facilities the concern seems unreasonable.

    A person can certainly refuse the blood draw, but they know the consequences for doing so. With courts backed up as they are, any suspension of license one willingly takes by refusing could be drawn out a long time.

    Regardless of the refusal, police can still get a warrant to compel the draw.
     
  13. Raymond1993!

    Raymond1993! Law Topic Starter New Member

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    Unreasonable? Ideologies are great in theory. In a perfect world maybe. However, if the measures implemented eliminated the risk, we would not have medical professionals who have contracted the virus. I believe the measures are helpful however they do not eliminate the risk and no one ever said they do. They reduce it, if followed properly. Look into the statistics and math if you would like.
     
  14. Raymond1993!

    Raymond1993! Law Topic Starter New Member

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    In the 2003 SARS outbreak in Toronto, most cases were acquired in hospitals.
    Also here is the title of one article you can find on google."Covid-19 hits doctors, nurses, and EMTs, threatening health system" If you look into the subject and do it with some diligence, you may overcome the ideology.
     
  15. Raymond1993!

    Raymond1993! Law Topic Starter New Member

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    Here is another article title you can find

    This article is more than 2 months old
    Up to 20% of hospital patients with Covid-19 caught it at hospital
     
  16. mightymoose

    mightymoose Moderator

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    Again, each jurisdiction may have a different practice, but in my own experience I am unaware of anyone ever being taken to the hospital for a blood draw for a DUI or drug charge.
    It is typically done by a phlebotomist who is on call and comes to the jail or police department.

    If you really have such deep concerns then don't drink and drive- it's illegal. Stay home.
     
  17. Raymond1993!

    Raymond1993! Law Topic Starter New Member

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    I did not Drink and Drive. However, I appreciate your feed back!
     
  18. adjusterjack

    adjusterjack Super Moderator

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    Then why are you concerned about this?
     
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  19. Disabled Vet

    Disabled Vet Active Member

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    Here is a post from our local PD...
    After failing multiple field sobriety tests, Wilkinson refused to take a chemical breath test. Officers transported Wilkinson to Columbus Regional Hospital and applied for and later received a search warrant for a blood draw.

    Most of the time this is their routine... They transport them to the hospital for every blood draw. In this case they had to get a search warrant for the blood draw. Even if the person agrees to a blood draw they are still taken to the local hospital.
     

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