Friday, July 13, 2012

Cleveland, TN-Losing More Rights Every Day

From the Daily Banner:

Two DUI arrests were made during the weekend and a July 4 holiday blitz where the Tennessee Highway Patrol and local law enforcement performed the state’s first-ever “No Refusal” operation. Five counties participated.

State data was not completed regarding Bradley County’s alleged offenders but 10th Judicial District Attorney General assistant Brooklyn Martin said Cleveland Police officer Tyler Pride made one forced blood draw, though Charleston Police officer Bruce Cantrelle claimed the first arrest and warrant-driven blood-alcohol draw which falls under the new law.

The campaign was a coordinated effort by the Tennessee Highway Patrol, the Governor’s Highway Safety Office, local district attorneys, and various local and state law enforcement agencies.

The “No Refusal” enforcement period started at 6 p.m. Tuesday and ran through midnight on Sunday. This special enforcement was effective in selected counties where impaired driving and fatal crashes have increased this year, specifically Anderson, Bradley, Davidson, Maury and Warren counties. State and local officials conducted sobriety checkpoints and saturation patrols in those counties as well as in other parts of the state, according to information provided by the THP.

The “No Refusal” law, enacted this year by the General Assembly, allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers. Previously, a suspected impaired driver could refuse a blood alcohol content test and face charges of violating the implied consent law. This new law enables law enforcement to legally obtain blood samples by working with prosecutors and judges throughout the state during the warrant acquisition process, the report concluded.

“Everyone else who was suspected of DUI submitted to testing,” Townsend said.

According to state data, eight arrests were made during the time period.

“We now have blood-alcohol results which gives us a large piece of evidence showing how impaired the driver (defendant) was around the time of the arrest,” Townsend explained.

“This new law keeps a jury from having to guess the extent of a defendant’s impairment, unlike the past when a defendant could refuse a blood-alcohol test,” she said.

“We want to thank the judges who were on call to sign the search warrants needed and thank Shawn Fairbanks, who was the on-call paramedic to effect the warrant process,” Townsend said.

During a recent press conference held at the Bradley County Sheriff’s Office, state and local officials said the reason Bradley County was chosen to take part in the event was the fact the number of serious or deadly car crashes has been rising. Along with Sheriff Jim Ruth’s Lifesaver program, the goal is to enforce driver’s laws, curb drunk driving and make streets and roadways safer.

Listed below are the other counties’ data:

- Anderson County

DUI arrests — 4

Refusal to take BAC test/0

Search warrants obtained for blood samples — 1

- Davidson County

DUI Arrests — 11

Refusal to take BAC test/0

Search warrants obtained for blood samples — 1

- Maury County

DUI Arrests — 17

Refusal to take BAC test/0

Search warrants obtained for blood samples — 6

- Warren County

DUI Arrests — 8

Refusal to take BAC test/0

Search warrants obtained for blood samples — 0.



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