• Hiro8811@lemmy.world
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    2 天前

    I’m pretty sure that if they find a person drunk they have to take that person to a hospital to get a blood test and accurately gauge the alcohol percentage, the test also stands as proof.

    • Karmanopoly@lemmy.world
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      2 天前

      If you were accused of murdering and taken to the hospital for a blood test with a lawyer present people would lose their minds

      But suspected drunk drivers it happens all the time without a lawyer present

      • Hiro8811@lemmy.world
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        2 天前

        Because these are two different things, if you’re accused of murder they can use whatever you say against you, but in case of drunk driving it doesn’t matter what you say, what matter is the results of the test.

        • Karmanopoly@lemmy.world
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          10 小时前

          The courts have ruled we have the right to remain silent and the right to an attorney.

          If you do that they then simply charge you with another crime.

          • Hiro8811@lemmy.world
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            5 小时前

            I agree that traffic rules enforcement is not being done in the most fair way but it kinda works.

            Let’s say they somehow manage to have lawyers present at the hospital in case of drunk drivers, how would a lawyer help suspected drunk drivers?

      • healthetank@lemmy.ca
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        2 天前

        How many other crimes are directly defined with a time-sensitive impairment?

        If they allowed you to both call a lawyer and wait for them to arrive you could arrange for your lawyer to be a) 2+hrs away, b)alseep or c)any other time delaying tactic.

        I agree I don’t like the status quo, but if you have a reasonable alternative that still allows them to catch people who are drunk driving, I’m all ears.

        • Karmanopoly@lemmy.world
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          10 小时前

          Miranda Rights give you the right to remain silent and the right to an attorney

          These rights go out the window because if you exercise them they simply charge you refusing to comply which carries the same penalty as a drunk driving conviction