Hemi's

[Bare-ya-cuda]

DUI testing gymnastics are voluntary in Maryland, so the police can do so only if consent has been sought and received.

Also, hemi motors are best motors.

I wouldn’t go so far to say they are the best, they are highly overrated. Kind of like ….uh you.

 

[Ken King]

MVA says for refusing the test it is;
1st offense -270 day suspension
2nd or subsequent refusal - 2 year suspension

Alcohol Test Failure or Refusal - Pages

An official website of the State of Maryland.

mva.maryland.gov

 

[HemiHauler]

Gotta love how every time you are pointed out to be not correct you come back with a caveat. They day you admit you don’t know everything he’ll is going to freeze over. Until the will just watch you flip flop like John Kerry. Carry on

For an action/decision to be voluntary it doesn’t mean it will be absent of consequences. There is nothing about the contextual meaning of the concept that would require consequences.

The language about the consequences of a road side refusal are made clear and you agreed to the VOLUNTARY choice should you ever find yourself himmed up.

 

[LightRoasted]

For your consideration ...

It's not implied consent, it is absolute coercion. Under pain of penalty you will do this, or else! Out the window goes the 5th.

 

[HemiHauler]

For your consideration ...

It's not implied consent, it is absolute coercion. Under pain of penalty you will do this, or else! Out the window goes the 5th.

If we understand driving is a privilege (and voluntary), I don’t understand how it can be coercion? Not a sarcastic reply, I don’t understand your conclusion.

Rights can be forfeit, yes?

 

[PrchJrkr]

MVA says for refusing the test it is;
1st offense -270 day suspension
2nd or subsequent refusal - 2 year suspension

Alcohol Test Failure or Refusal - Pages

An official website of the State of Maryland.

mva.maryland.gov

I stand corrected. It's been over 10 years since I refused to take the test.

"The Sgt. said I refused, unfortunately, I can't tell you if I did or didn't. I was drunk, your honor." ~Ron White Impersonation

 

[Ken King]

I stand corrected.

Not my intent. Just figured the current info would be useful. Knowing the law, and Maryland, it might have already changed

 

[Merlin99]

if they say NO they automatically lose the privilege immediately until a MVA hearing, a future court date. BUT the arresting officer WILL NOTE the reason for stopping the offender, look for evidence physical (containers, etc...) and noting the drivers condition. REFUSING the test is admissable too.

I think that if you’re sitting in your own driveway, with no evidence that you’ve driven anywhere, they would have a hard time legally convincing a judge that you deserve to have your license suspended. I think the first time someone said persecution under color of law would make it go away.

 

[GregV814]

well, once again....in actual physical control is a factor there. The motor running, the alleged offender is behind the wheel.... close proximity to a public roadway... Now, if you're saying, Hey, I own a farm in my combine on the back 40..... why would the officer be there anyway.

Its for public safety... But some posters here are just plain difficult or hate the police anyway...

 

[PeoplesElbow]

I think that if you’re sitting in your own driveway, with no evidence that you’ve driven anywhere, they would have a hard time legally convincing a judge that you deserve to have your license suspended. I think the first time someone said persecution under color of law would make it go away.

I worked with a douchebag that got a duo sitting in his driveway. His neighbors hated him so much they called the cops.

 

[PrchJrkr]

Not my intent. Just figured the current info would be useful. Knowing the law, and Maryland, it might have already changed

I didn't mean it to sound that way. I was mistaken on the length of time. I think I drove without for quite a while. Could've been 3 months or 6, I really don't remember and don't plan to ever be in that situation again -->.

 

[NOTSMC]

Does his apartment have AC? If so then he is a douchebag. Maybe you could call some eco-warrior to come rant about his unnecessary pollution.

Brand new central air just two years ago.

 

[NOTSMC]

dont be embarassing Mr. Hauler...I stated why.

See my reply to Greg.

Yeah, I also see Greg's answer to me which I believe was intended for you.

 

[NOTSMC]

I think that if you’re sitting in your own driveway, with no evidence that you’ve driven anywhere, they would have a hard time legally convincing a judge that you deserve to have your license suspended. I think the first time someone said persecution under color of law would make it go away.

But hopefully, not without some measure of fear, that it could happen to you again if you're only thirty something years old with a security clearance and a bitchy neighbor that doesn't appreciate your engine, nor your music turned up loud enough to be heard across the road at 3 o'clock in the morning for the better part of an hour.

 

[LightRoasted]

For your consideration ...

If we understand driving is a privilege (and voluntary), I don’t understand how it can be coercion? Not a sarcastic reply, I don’t understand your conclusion.

Rights can be forfeit, yes?

No idea why people think using anything kind of locomotion, a horse, a cart, a bike, a motorcycle, a car, a truck, to travel or conduct one's business, is a "privilege" is beyond me. Just because the Constitution does not specify, does not mean everything else not spelled out is a privilege to be granted by government. Travel, by any means, is a natural right. The freedom of movement.

A person can be punished for a crime, but rights are inherent and can only be surrendered willingly by an individual, never taken.

Implied consent is just another term for coercion. How can someone consent without being fully informed with all available information to make any decision before granting their consent?

I once saw a fella wearing a shirt that had DAMM on the top, and written below was, Drunks Against Mad Mothers. Being I guess, that there will always be those that drink and will drive. So rather than the simple arrest and release of a "drunk or intoxicated" driver, if such a person were to get into an accident causing person or property damage, then at least a minimum of 5 years in prison. That is how you change that behavior. Because obviously the current pre-crime way is not working; there being many DWI accident and deaths for which people do not experience true punishment.

Same with firearms. It all comes down to personal responsibility. If a person shoots someone outside of self-defense such as in a robbery, off to prison or the hangman's noose. Else everyone is free to carry a firearm.

 

[SamSpade]

You have a inalienable right to own things, like a car. But what is argued is - do you have an inalienable right to drive on a public road?

There is no question that, if you only drive on your own property, you can drive anywhere, as much as you like, without a license, without insurance, without anything. If you drive on your NEIGHBOR'S property, it stands to reason - you minimally need their permission. And you would have to follow any requirement they mention beforehand and any afterward (more or less).

I tend to think the same is true of public roads. A license is permission; traffic laws are the rules. Same basic idea. The government owns them, they grant permission, follow their rules and you'll be fine.

 

[Gilligan]

For an action/decision to be voluntary it doesn’t mean it will be absent of consequences.

As long as you are fine with losing your license for 270 days, refuse away. My ex did....made it a real PITA to get to work every day.

License Suspension for Refusing Breathalyzers and Other BAC Testing in Maryland​

A driver who refuses a lawful request for chemical testing will be subject to immediate license seizure. Upon refusal, the officer is supposed to take the driver's license, issue a temporary ten-day license, and forward the refusal certification to the Motor Vehicle Administration. Thereafter, drivers who wish to contest the suspension have ten days to request a hearing.

If the suspension is affirmed or uncontested, the driver's license will be suspended for 270 days. A driver with a prior intoxicated driving suspension faces a two-year suspension for a refusal.

 

[phreddyp]

The problem with DUIs is that instead of enforcing the laws and penalties that were on the books back in the 60s and 70s it was decided to lower the amount of alcohol in your bloodstream to convict you of driving while impaired or DUI, therefor making a whole new class of criminals which required lawyers, judges, MVA personnel and alcohol classes. No way in HELL are most people impaired at .05 or intoxicated at .08 BAC!

 

[GregV814]

Just practicin' her God given Constitutional Rights, Free Will, spiritual freedom, then the Jack Booted thugs intervened.

On June 30 at 2:05 a.m., officers responded to Mall Circle for the report of a hit-and-run crash. While officers were on the scene, the driver of the striking vehicle was observed in the parking lot. Officers attempted to contact the driver, but she fled. As officers attempted to stop her and prevent her from leaving the mall parking lot, the driver collided with two patrol cars, injuring one officer. The driver continued to flee, left the parking lot, and fled to Billingsley Road where she stopped. The driver, LaTanya Lisa Lee, age 31, of Upper Marlboro, was arrested without further incident and charged with assault, fleeing and eluding, negligent driving, driving while impaired, and other related offenses. Lee was released from the Charles County Detention Center on June 30 on an unsecured $3,500 bond. PFC Karopchinsky is investigating.

 

[HemiHauler]

Yeah, I also see Greg's answer to me which I believe was intended for you.

His understanding of the law in this area is severely lacking.