But What Does Impairment Look Like?

[GregS]

Judiciary Committee hrep-judi@listserver.legislature.mi.gov

2:33 PM (5 hours ago)

 

to HREP-JUDI

Standing Committee Meeting

Judiciary, Rep. Kevin Cotter, Chair

DATE: Thursday, April 17, 2014

TIME: 9:00 AM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
HB 5383 (Rep. Lauwers)  Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances.

HB 5384 (Rep. Lauwers)  Traffic control; driver license; preliminary chemical analysis test results; require to be entered into LEIN if results are positive.

HB 5385 (Rep. Lauwers)  Crimes; intoxication or impairment; preliminary chemical testing for certain controlled substances; authorize, and provide for procedures and penalties for refusal.

HB 5055 (Rep. Johnson)  Criminal procedure; warrants; defraying of costs incurred by local unit of government in executing bench warrants; allow.

HB 5335 (Rep. Jacobsen) Torts; premises liability; liability of possessor of land for injuries to trespassers; codify.

HB 5178 (Rep. Pettalia) Torts; premises liability; liability for recreational user; include aviation activities.

SB 749  (Sen. Schuitmaker)      Crime victims; other; definition of a victim; include in certain circumstances.

OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE

To view text of legislation go to:
 http://www.legislature.mi.gov/mileg.aspx?page=CommitteeBillRecord

Committee Clerk: Angie Lake
Phone: 517-373-5795
e-Mail: alake@house.mi.gov

Individuals who wish to bring written testimony need to supply a minimum of thirty copies for distribution.

Individuals needing special accommodations to participate in the meeting may contact the Chair's office.

Schedule changes or cancellations available at http://www.house.mi.gov/publiccommitteeschedule/

Notice posted: 4/15/2014

 

[GregS]

I thought there might be a picture, so I clicked.

I wish. It can hardly be found.

 

So how does an officer determine impairment in order to obtain a warrant for a blood or other test? Is there a method? I've passed sobriety tests while titrated. How do we address 5384 & 5385?

Edited April 15, 2014 by GregS

[GregS]

This one looks a bit nasty, and I can only imagine HB 5383 and HB 5384 are of a similar ilk:

 

http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2014-HIB-5385.htm

It's showtime.

 

I think it a good idea to insist that a clear description and/or definition of impairment be determined by the legislature, and I do not mean a per se chemical test. This is precisely why I have held that excess revenues paid to LARA be used to conduct objective testing to determine that rather than give that money to the police so that they can continue to turn the screws. Without objective means, there can be no charge or even suspicion of intoxication. and no testing allowed until and unless a codified procedure is established.

 

Time is short if we do anything. I will have to work up written testimony at the very least, What can others do? And yes, 5383 is problematic too.

 

Does CPU have a postion? What other resources can we bring to bear? It does appear urgent and important enough.

Edited April 16, 2014 by GregS

[t-pain]

any amount?

 

those saliva tests must be pure moo poo false-positive rates.

tell them you want to see an independent study done on the saliva tests to see their usefulness and what non-controlled-substances set them off.

Edited April 16, 2014 by t-pain

[t-pain]

are they collecting dna with these swabs and will be putting thousands into databases?

[GregS]

are they collecting dna with these swabs and will be putting thousands into databases?

Dunno, but I think that is really over the top. We  have some fact finding to do.