SurfThis

My cousin, Tyler, is 15. He shot a kid with a blowgun, and the kids parents pressed charges. So now Tyler's getting charged with multilation to a minor, or some sh*t like that. Well, he went to court for his arraignment, and the court then informed him that it was a new law in the state of VA that all minors brought to court get drug tested, and if they fail, they have to spend a minimum of 10 days in the local juvenile lock up. Has anyone else heard of this? He smokes a lot of weed, and he only has a few days until his court date/drug test....but he's drinkinga lot of water and using certo.

Panama

To the Protecting Your Rights forum.

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StonedBrad

I've never heard that, but it doesn't seem to violate any Constitutional "stuff". Since it doesn't violate the Constitution I'm sure they could pass a law like that, as sh*tty as it may be.

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CUAN4life

I live in VA and I can't say I've heard that law before, but I know there have been a slew of new drug testing laws passed here, so that may be one of them

McPatty

There are several products out there that you can take to pass a drug test. Check out drug testing websites.

dmbtex

That law seems to have some issues with the 4th and 5th Ammendments. It's an unreasonable search because there is no probable cause or even reasonable suspicion. Obviously, taking the drug test and failing would be self-incriminating, so for the same reason you can refuse to take a breathalizer, you should be able to refuse this. It's proboby too late, but he should have refused and appealed any punishment to a higher court, where the law could quite possibly be declared unconstitutional.

goodgirl

"Obviously, taking the drug test and failing would be self-incriminating, so for the same reason you can refuse to take a breathalizer, you should be able to refuse this."

In what situation are you referring to that you can refuse to take a breathalizer? I would hate for someone to read that and then get the idea that they can refuse a breathalizer whenever they want.

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dmbtex

Well, at least in Texas, if you are pulled over and the cop asks you to take a breathalizer, you can refuse on 5th ammendment grounds. Sure, they can take your license if you do that, but only until your court date. I'm pretty sure the same is true in most states.

I would hate for somebody to think that they have to take a breathalizer whenever the cop wants them to. Did you know altoids can set those things off?

Niteshift

"Sure, they can take your license if you do that, but only until your court date. I'm pretty sure the same is true in most states."

Actually, refusing leads to a longer suspension of your license if it's upheld. Normally, the suspension time is doubled.

You aren't actually refusing it because of the 5th Amendment. You AGREED to take it when you got a license. Read what you signed. You consented to take it already. That's why your refusal is punished harder, because you broke the agreement.

The reason you can refuse it is simply because I can't force you to blow into the tube. However, in many states (including mine), if you are involved in an injury crash, you can be forced to have a blood test done. Again, you agreed to it when you signed for your drivers license.

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dmbtex

1)But, if it's NOT upheld, then you get your licence back.
2)I'm pretty sure you are wrong that the suspension is usually doubled if you refuse the test. In fact, I'm pretty sure they can't extend the suspension soley on the grounds that you refuse. Countless lawyers and judges who I have spoken with have told me that it's always a better idea to refuse the test. This may only be true in Texas, but I don't think so.


Here's where you lose your credibility...
1)I never signed anything that said I agreed to take any sort of test at any point in time. The ONLY thing i EVER signed when getting my licence was the little screen that you sign with the electronic pen that transposes your signature onto your license, and that screen was blank. I never consented to anything.
2)You are making a blanket statement that may not be true for all, or even most states. This is the exact thing that you have criticized on many other threads.
3)No agreement = no harder punishment, which takes out your previous arguement.

Answered above; I never consented to anything, but I think you are right on this one.