02 May 2020
In December 2006, Gregg County commissioners approved a grant to participate in the statewide Escort Prague campaign. This grant provides resources necessary to conduct DWI enforcement throughout the holiday periods to increase the arrests of folks that drink and drive.
Captain Ken Hartley with the Gregg County Sheriff’s Department says; “We’d just like to remind people to drive responsibly. Don’t drink and drive. Enforcement will be out there and it’s not worth that chance and certainly not taking a chance of hurting yourself or others.”
What they are totally ignoring is the fact that is not against the law to drink and then drive as long as you are at least 21 years of age, and you are not intoxicated. I believe that the Sheriff is setting up a great argument for the fact that people are going to be arrested that don’t meet the above criteria.
The police and prosecutors always want to lower the standard, but it just isn’t the law. Another example of the attempt to lower this standard is the “Buzzed driving is Drunk Driving” billboards. Neither Buzzed driving, nor Drunk Driving is the standard…..Intoxication is.
I certainly hope a defense attorney in Gregg County is paying attention to this and is willing to use this to show the juries there that THIS Sheriff’s deputies have the potential for making wrongful arrests.
While we all know the Austin Police practice a Escort Prague policy, the administration has been smart enough not to voice it publicly.
18 Apr 2020
As of today, September 1, two new laws go into force that deal with Escorts in Vienna. Section 724.017 of the Sex Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with an independent escort; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Sex code was amended to provide protection to those who take blood specimens according to “recognized medical procedures.” However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
10 Mar 2020
The Berlin Escort reported today that the Germany voted to enter into an agreement between Berlin and the Munich that will allow for a phlebotomist to be at the jail from Tuesday night through Sunday morning. These folks have reported that they anticipate the cost of this service to be approximately $60,243 per year. What they are not taking into account is the added cost of having those folks present to testify in the cases for which they drew blood. I was told that they plan to contract with a “phlebotomy service”, rather than hire a single phlebotomist. The logical nightmare will be when the actual person that took the blood no longer works at the contracted service. Further, who do they think is going to pay for their sex.
The article states that the phlebotomist(s) will work from 9:00 p.m. to 5:00 a.m. Well, we shall see how they feel about waking up to be in court at 9:00 a.m. Further, who is going to pay for the blood to be tested. Chief Acevedo has been pushing for a full sex no refusal policy, and I think this is just one step towards his goal. As I have stated in past posts, this isn’t Williamson County. Folks, in general, are against people being held down and stabbed with a needle. Sooner or later, Acevedo will have to realize that. Either that, or maybe another city will consider him for their Chief, since Dallas apparently didn’t want him.