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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

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Cue the "if you are not guilty you have nothing to worry about" crowd.
1 posted on 12/31/2008 2:53:08 PM PST by Ron Jeremy
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To: bamahead

libertarian ping


2 posted on 12/31/2008 2:57:14 PM PST by Ron Jeremy (sonic)
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To: Ron Jeremy

Regardless of the issue do we want legislation driven by bereaved, emotionally fragile menopausal women?


3 posted on 12/31/2008 2:57:40 PM PST by relictele
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To: Ron Jeremy
I'll have to read this later, but "by the way, that two glasses of wine will not, in any state, put you under the influence of alcohol or over the legal limit of .08" is BS.

If you are slight of build, or not a regular drinker, beware.

4 posted on 12/31/2008 2:58:50 PM PST by 1rudeboy
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To: relictele

MADD and PETA, hard to tell them apart.


5 posted on 12/31/2008 2:59:20 PM PST by CdMGuy
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To: Ron Jeremy

You know, I USED to be one of those. I see it all too clearly, now. :)


6 posted on 12/31/2008 2:59:45 PM PST by Diana in Wisconsin ('Taking the moderate path of appeasement leads to abysmal defeat.' - Rush on 11/05/08)
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To: Gabz

‘Nanny State Ping,’ if you’re around tonight...


7 posted on 12/31/2008 3:00:29 PM PST by Diana in Wisconsin ('Taking the moderate path of appeasement leads to abysmal defeat.' - Rush on 11/05/08)
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To: CdMGuy
MADD and PETA, hard to tell them apart.

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

8 posted on 12/31/2008 3:01:22 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Diana in Wisconsin
You know, I USED to be one of those. I see it all too clearly, now. :)

Me, too. About that and "domestic violence", child support and custody. That was before I saw what happened to friends and relatives...and me in the case of custody. I learned to listen to both sides.

9 posted on 12/31/2008 3:03:55 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: 1rudeboy

I was in a jury pool once where the judge said “you don’t need to be over the limit to be guilty”. I never drive after even one drink.


10 posted on 12/31/2008 3:04:10 PM PST by steveo
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To: relictele
Regardless of the issue do we want legislation driven by bereaved, emotionally fragile menopausal women?

The Speaker of the House would love to answer your question ;-)

11 posted on 12/31/2008 3:05:31 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Ron Jeremy

DUI is bad.

UnConstituional “sobriety checkpoints” are WORSE.

But, is this — “There’s a DUI exception to the Fifth Amendment. There is no right to refuse and the prosecution can comment freely in trial upon that refusal.” — really a quote from the decision cited?


12 posted on 12/31/2008 3:07:33 PM PST by BenLurkin
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To: Ron Jeremy

I am no libertarian, but I hate the way these laws (and the dead beat parent laws) are used to centralize what should be state decisions.

However, the author did himself no favor when he said “Hundreds of years ago a guy named Galileo said, ‘the universe is really not flat, the way Rome says it is’.”

The debate had to do with the Copernican theory, which had NOT yet been proved, and has nothing to do with the world being flat, but whether it rotates around the sun. Galileo got in more trouble for his attitude than for the theory itself. Copernicus himself remained in good standing with Rome.

Getting such a basic fact so wrong makes me question his characterization of his earlier examples. Nonetheless, I do agree with the principle of his argument, so the article was worth a read.


13 posted on 12/31/2008 3:09:52 PM PST by Dr. Sivana (There is no salvation in politics.)
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To: Ron Jeremy
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.

I say that as someone who practiced 33 years in the US Supreme Court. This is a lot of effort for no legitimate purpose.

Congressman Billybob

Latest article, "The Non-Constitutional Crisis from Illinois"

The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.

14 posted on 12/31/2008 3:10:54 PM PST by Congressman Billybob (Latest book: www.AmericasOwnersManual.com)
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To: Ron Jeremy

I think any drunk driver who hurts or kills another should have their crime viewed as “premeditated” or have the exact same damage done to their body that they did to others, including death if they killed an innocent.

If you choose to give up control, you’ve chosen to suffer the punishment you desired to give others, in my book.


15 posted on 12/31/2008 3:12:06 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: relictele

It’s for the children.


16 posted on 12/31/2008 3:12:28 PM PST by Procyon (To the global warming fanatics the problem is too many people and the solution is genocide.)
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To: steveo

That makes sense. Just don’t drink and drive. Not worth the risk.


17 posted on 12/31/2008 3:13:20 PM PST by nobama08
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To: ConservativeMind

You missed the point entirely. This is not about drunk driving; it’s about the overreaching Nanny State and being unconsititutionally framed by overzealous police.


18 posted on 12/31/2008 3:16:49 PM PST by DLfromthedesert
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To: nobama08

Yeah, let’s all go live in a plastic bubble.


19 posted on 12/31/2008 3:18:32 PM PST by DLfromthedesert
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To: Ron Jeremy
A police officer friend of mine tells me that if he stops a motorist and the motorist admits he has been drinking, that he is now obligated to arrest him for DUI. Even if he passes all field sobriety tests. An admission of drinking ANY amount of alcohol to a police office will put you behind bars and quite possibly destroy your life by giving you a criminal record.

I got caught up in a roadblock a few years ago in South Boston. I had had a couple of beers at a restaurant but was absolutely not under the influence. Nevertheless, when the cop shined the flashlight in my face and asked me if I had had anything to drink, I lied to him and said that I had had nothing to drink. He then thanked me in waved me through.

My cop friend told me that if I had told him I had a couple of beers, there would have been a 100% chance of him pulling me out of my car (in front of my wife) and placing me under arrest for DUI.

To this day, I still feel crappy about lying to the police but I know the alternative would have been a night in jail and quite possibly a criminal record that would have precluded me from holding the job I have currently.

With respect to DUI's, this country really is a lot like Nazi Germany. Of course, all these roadblocks and sham DUI arrests of decent people who had the misfortune to have a glass of wine on the wrong night, do absolutely nothing to stem the true problem of drunken driving. People with an alcohol problem will continue to drink and drive regardless of the consequences. We hear all the time of people with multiple drunk driving arrests who go right back to it as soon as they are let out of jail. Even taking their license away doesn't stop them. Serial drunk drivers almost invariably also get charged for driving without a license!

If you really want to put a stop to drunk driving, do away with the roadblocks and the persecution of decent people and just put unmarked cruisers out on the highways or park them at bars and taverns. You will very quickly be able to identify the drunk drivers as those will be the ones swerving all over the place and being a menace to other drivers.

20 posted on 12/31/2008 3:21:48 PM PST by SamAdams76 (I am 62 days away from outliving John F. Kennedy)
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