“During this weekend’s St. Patrick’s Day festivities, motorists in Roanoke County who are suspected of driving while impaired and refuse breath tests could be ordered to submit to blood tests. … According to state law, anyone who operates a motor vehicle on a road has consented to have samples of blood, breath or both taken for a test to determined the level of alcohol or drugs in his blood.” [Roanoke Times; earlier on “no refusal” blood tests for drivers here, here, here, etc.]
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If they think they can have you detained and examined because you have a business vehicle license, show them the law for private travelers, then send them on their way.
CASE #1: “The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” Chicago Motor Coach v. Chicago, 169 NE 221.
CASE #2: “The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness.” Thompson v. Smith, 154 SE 579. http://www.apfn.org/apfn/travel.htm
…but counselor, I’m calling from jail.
Bob
When it comes to the revenue generator DUI, the laws are suspended or ignored.