Nurse arrested for not drawing blood...

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Pokinfun

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More proof that you're behind, remember my post about internet lawyering? Well we've come full circle as predicted lol. The 2016 Supreme court ruling that has been plastered all over the internet because of this case, ruled SPECIFICALLY, that blood testing doesn't apply to implied consent. FMSCA rule pertains to breath and saliva only.

It's pretty pathetic that you're trying to research this to justify the cop's actions.
again being rude and childish
I do find it funny that your citation is the internet.
 
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SMS

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Implied Consent to Alcohol Testing
Any person who holds a CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of being under the influence of a controlled substance or using alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle. Consent is implied by driving a commercial motor vehicle.

https://www.fmcsa.dot.gov/registration/commercial-drivers-license/states

Implied consent doesn't mean they can just take your blood.

Implied consent means if you refuse to submit to a lawful test request that you can be fined/suspended. Furthermore, the specificity of implied consent is still subject to state law, as it states in your link. Utah state law requires PC, and verbal notification to the subject of implied consent, for the test request to be lawful.

All licensed drivers in Utah are subject to implied consent, not just those with CDLs.
 
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Pokinfun

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Implied consent doesn't mean they can just take your blood.

Implied consent means if you refuse to submit to a lawful test request that you can be fined/suspended. Furthermore, the specificity of implied consent is still subject to state law, as it states in your link. Utah state law requires PC, and verbal notification to the subject of implied consent, for the test request to be lawful.

All licensed drivers in Utah are subject to implied consent, not just those with CDLs.
thanks for the clarification.
 

JD8

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again being rude and childish
I do find it funny that your citation is the internet.

"Rude" is telling you something you don't want to hear..... which sounds familiar. Stating the facts isn't childish either lol. However, I didn't cite the internet, merely stating this is a dead horse on the internet thus referring to all the lawyering so many posts ago. However, since you require citation... no problem.

http://www.politico.com/story/2016/06/supreme-court-blood-alcohol-tests-224718

https://www.hg.org/article.asp?id=38927

14-1468 Birchfield v. North Dakota (06-23-2016) - Supreme Court of ...


Again..... it's sad that you're going to these lengths to justify the officer's actions.
 

Pokinfun

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"Rude" is telling you something you don't want to hear..... which sounds familiar. Stating the facts isn't childish either lol. However, I didn't cite the internet, merely stating this is a dead horse on the internet thus referring to all the lawyering so many posts ago. However, since you require citation... no problem.

http://www.politico.com/story/2016/06/supreme-court-blood-alcohol-tests-224718

https://www.hg.org/article.asp?id=38927

14-1468 Birchfield v. North Dakota (06-23-2016) - Supreme Court of ...


Again..... it's sad that you're going to these lengths to justify the officer's actions.
do you seriously not understand how you respond to people that disagree with you.
 

JD8

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do you seriously not understand how you respond to people that disagree with you.

Do you seriously not understand that I'm not worried about your feelings? Especially after all you've said? Sorry, lost the kitten gloves a long time ago. However, to be honest.... you need thicker skin. Nothing I just said was bad and honestly you just didn't like it because you thought you had a eureka moment and you didn't, so quit crying about how mean you think I am. Hit the ignore button my friend.
 

Pokinfun

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Do you seriously not understand that I'm not worried about your feelings? Especially after all you've said? Sorry, lost the kitten gloves a long time ago. However, to be honest.... you need thicker skin. Nothing I just said was bad and honestly you just didn't like it because you thought you had a eureka moment and you didn't, so quit crying about how mean you think I am. Hit the ignore button my friend.
you started off being rude, which is against the site rules and generally being an adult
 

JD8

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you started off being rude, which is against the site rules and generally being an adult

Yeah you keep trying to play a victim here, but the fact is that you misread one of my initial posts and didn't understand what I meant by posting the acronym "FB."
 

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