libertarian ping
Regardless of the issue do we want legislation driven by bereaved, emotionally fragile menopausal women?
If you are slight of build, or not a regular drinker, beware.
You know, I USED to be one of those. I see it all too clearly, now. :)
‘Nanny State Ping,’ if you’re around tonight...
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?
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.
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.
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.
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.
It should be mentioned that MADD soon became far too radical for its founder, Candy Lightner.
I was pulled over in Arizona, and they were writing me a warning. Just before they were finished, they wanted to look into my mouth. They asked me when was the last time I smoked pot. I told them I wouldn’t answer. Then they wanted me to stand on one foot. But I couldn’t because I was nervous at that point, because I knew they were going to search my car. And I loan my car to these gypsy girls, and I hadn’t had a chance to sweep it for contraband since they last used it. They gave me a breathalyser, and I blew a zero. They cuffed me, towed away my car ($500) and threw me in jail for 24 hours. In the report, the cop said he noticed my eye twitch.
Charged with a DUI, and I was stone cold sober.
Trial is January 6th.
Wish me luck!
Use a designated driver and quit bitchin'.
Thank you for this important information. It is sickening that law enforcement has become a criminal enterprise.
Everyone should read this - drinker or not.
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.
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.
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.
An individual that drinks alcohol daily will have a far greater BAC level to achieve “intoxication” than the teetotaler, who may very well be wasted at .08. The current system gives the accused no chance to prove his competence.
I say use the field sobriety tests to establish impairment, and IF impaired, use the original BAC standard of .15.