After receiving a DUI a couple of months ago I stumbled upon your site and have been checking it on a regular basis. When I was arrested I was taken to the hospital, read the implied consent warnings for PA, and refused blood. That was about 2 months ago. PENNDOT notified me my license would be suspended for 12 months for not giving my blood, which could have been used as evidence against me in a criminal case. As a Government and Political Affairs major I cannot believe that this has not already been ruled unconstitutional. I spent $115 to file an appeal through the court house and went to court today representing myself. I spent weeks doing research and my argument was that the Implied Consent law of PA violated my rights under Title 1, Section 9 or the PA Constitution: “…he cannot be compelled to give evidence against himself…” I got about 1 minute into my defense and the judge stopped me and asked the DMV attorney if this issue has already been raised. She referenced 5th Amendment case law and I explained this was a PA Con Law issue. The judge stopped me and said he’d heard enough and ruled in favor of the DMV.

After my hearing I filled out an intake form for the local ACLU to see if I can get assistance in going to the appellate level, which I have no experience with. I know with everything I have that the implied consent law is a backdoor attempt by the legislature to have multiple arms of the state work together to gather evidence, yet claim it as a civil action. If the ACLU will not help me then I will try and figure out how to file my own appeal. I believe in the fundamental principles that the framers felt compelled to include in the written constitution of the state of PA and the U.S. Government.

If I were in the situation again, I would again refuse to give blood, even if they threatened me with a seven year license suspension. People should not fear government; rather government should fear the people! This slippery slope, unconstitutional case law could easily lead to implied consent laws attached to marriage, fishing, hunting licenses. Or even better yet, let’s put an implied consent law with birth certificates. The state issues them, so they can take them away if you violate whatever they say you consented to. If you don’t like it, then don’t have kids, or don’t have a certificate of birth issued.

I cannot lay down on this issue, and I will exhaust everything I have in an attempt to right this wrong.

If we put up a fight, then dirty tactics come to play. Again, no right or wrong,,just trying to use the issue as an avenue to classify an individual as an un-individual in this society.

They tried on me. They got caught with their pants down at the end. Three years to prove it, but three years well worth it.

Their foolishness was beyond the comprehension of a normal person. Therefore, I consider them a threat from that day and will never change my stance. They tried to hurt me, but the end result was they hurt my children. Shame on them. There must be some kind of genetic failure out there as it appears some noses out there are far too long for the body that supports it.

Their day is coming. Not from me, but from truth itself.