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The DUI Exception to the Constitution
DUI Blog ^ | 2005 | Lawrence Taylor (not the Linebacker)

Posted on 12/31/2008 2:53:07 PM PST by Ron Jeremy

click here to read article


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To: Ron Jeremy

Government always foists the “privilege” claim.

Yet there were large numbers of people who drove primitive autos well before “drivers license” laws were instituted.

Why wasn’t it a “privilege” when the very first person drove a car?

Answer: it wasn’t.

This whole thing has to do with civil vs, criminal law, and all I can do is highly recommend that anybody with a license and insurance follow all applicable regulations.


61 posted on 12/31/2008 3:56:42 PM PST by djf (< Tagline closed until further notice. Awaiting bailout >)
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To: CharacterCounts

My house is not on a public highway, in which I don’t have an expectation of privacy.

I also can’t expect people to not photograph me nude if I walk down a street that way.


62 posted on 12/31/2008 3:56:50 PM PST by ConservativeMind (What's "Price Gouging"? Should government force us to sell to the 15th highest bidder on eBay?)
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To: CharacterCounts
If you are not hiding drugs in your house, you shouldn't have an issue with a warrantless search.

Read what you just posted. Then read your tagline.

Notice a little conflict there, Herr Gruppenfuhrer?

63 posted on 12/31/2008 3:57:27 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: DLfromthedesert

I saw the article, but you can always get the blood test instead.

Besides, you can have all the alcohol you want and get into the car legally as long as you aren’t the one behind the wheel.

Get real.


64 posted on 12/31/2008 3:58:00 PM PST by ConservativeMind (What's "Price Gouging"? Should government force us to sell to the 15th highest bidder on eBay?)
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To: Ron Jeremy

The DUI thing is a travesty of justice. However, when you got you drivers license you entered a civil contract with criminal penalties that can be changed by the other party at will. if you want to not have a problem with ANY penalties for operating a motor vehicle learn how to get out of having a drivers license.


65 posted on 12/31/2008 3:58:00 PM PST by mad_as_he$$ (Nemo me impune lacessit.)
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To: nobama08
From what I understand, DWI/license checks are constitutional. Remember - driving has been ruled a privilege and not a right. Not the same as “home as castle” doctrine.

That is correct, hence there is a DUI exception to the constitution. And I think it is sickening.

66 posted on 12/31/2008 3:58:18 PM PST by Ron Jeremy (sonic)
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To: FoxPro

Good Luck!!!


67 posted on 12/31/2008 3:59:07 PM PST by Ron Jeremy (sonic)
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To: buccaneer81; CdMGuy; Diana in Wisconsin; Calpernia
MADD and PETA, hard to tell them apart.

At least PETA can't put you in jail...yet.

Tell that to Michael Vick...........

All kidding aside, like MADD, PETA is now all but owned by the Robert Wood Johnson Foundation and will get what they want. Just ask any farmer about tagging their livestock........

68 posted on 12/31/2008 3:59:53 PM PST by Gabz (Happy New Year)
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To: CharacterCounts
Ooops. Sorry. I didn't read what you were replying to. I missed the context entirely.

I feel like a schmuck...

69 posted on 12/31/2008 4:00:07 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Ron Jeremy

It’s a great post. I had a lawyer friend of mine advise:

1. The cops question the wife. In Texas, the spouse has a right to refuse to be a witness, and should exercise it right there.

2. Throw away receipts from where you’ve been before you go.

3. Don’t say anything.

4. Don’t refuse to take any tests, but ask to talk to your lawyer before you take test. This will be refused. They will tell you that you do not have a right to a lawyer. Respectfully disagree. They will put a form in front of you asking you to sign that you are refusing the test. Write on it “I am not refusing any test. I want to talk to a lawyer befoe I take any tests.”

5. On the intake form, they will ask if you have any medical conditions. List Diabetes, acid reflux, and hernia.


70 posted on 12/31/2008 4:01:03 PM PST by MeanWestTexan (Beware Obama's Reichstag fire.)
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To: buccaneer81

No - I’m not concerned about 1 drink. That is probably the equivalent of driving while talking on a cell phone. I was referring to people who are buzzed or drunk and drive anyway.


71 posted on 12/31/2008 4:01:36 PM PST by Uhaul (Time to water the tree of liberty...)
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To: Gabz
At least PETA can't put you in jail...yet. Tell that to Michael Vick...........

LOL! Touche'!

72 posted on 12/31/2008 4:01:55 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: buccaneer81

No problem. I was just about to reply that you read my entire post.


73 posted on 12/31/2008 4:01:55 PM PST by CharacterCounts (1984 was supposed to be a work of fiction, not a how-to manual.)
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To: Gabz
even though the beginnings of the organization were good and noble

More evidence of the power of unintended consequences.

74 posted on 12/31/2008 4:02:25 PM PST by RightField (A fine is a tax for doing wrong. A tax is a fine for doing well,.)
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To: Congressman Billybob
Driving a car is a PRIVILEGE, not a RIGHT. The Constitution guarantees NO ONE the right to get behind the wheel. With that understanding, this entiren long-winded argument collapses to the ground.

And if all the State could do for having a beer and driving a car is give you a ticket and restrict you from driving, I'd agree with you.

But they can take away your freedom, get you fired and remove your "right" to own a firearm. For having a beer.

Sorry. Just can't agree.

75 posted on 12/31/2008 4:02:29 PM PST by VeniVidiVici (All hail the Obamasiah! Kneel before Obamohammad!)
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To: Uhaul

Gotcha. I’m with you.


76 posted on 12/31/2008 4:04:05 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: MeanWestTexan

Also, if you get into a crash, run to a bar, order six shots of tequila.. pour them on floor when nobody is watching.


77 posted on 12/31/2008 4:04:55 PM PST by Ron Jeremy (sonic)
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To: CharacterCounts; All

Sorry I like to live in a free society...


78 posted on 12/31/2008 4:05:28 PM PST by KevinDavis (Thomas Jefferson: A little rebellion now and then is a good thing)
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To: Uhaul
Virtually no one will drink and drive any more

I think what you are wishing for is a return to Prohibition. What else offends you that you feel society would be best served if the government prohibited it?

79 posted on 12/31/2008 4:05:33 PM PST by Hot Tabasco (Today is just a little more special than yesterday.)
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To: Ron Jeremy

Not discussed is the revenue generated by DUI arrests. How much money in fines does a municipality receive from DUI arrests compared to routine speeding? A lot more is my guess.

The local governments WANT DUIs. It’s a revenue source that they need. Don’t believe for a minute that they or MADD would like to eliminate DUI and related arrests.


80 posted on 12/31/2008 4:05:35 PM PST by Doug TX
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