Beer drinker fights to get driver's license back

Penn Live ^ | 7/13/2004 | CARRIE CALDWELL

[Conspiracy Guy]

http://www.freerepublic.com/focus/f-news/1170770/posts

[Born Conservative]

Different title; I guess that's why I couldn't find it when I searched for it before posting.

[Conspiracy Guy]

Different titles are impossible to catch. That why I didn't say ALREADY POSTED. I hate it when people say that.

[Lazamataz]

A few of these cases, and people will begin lying to their doctors.

Problem "solved", and the Nanny State need not be inconvenienced.

[SouthernFreebird]

and yet they can't bend over enough for illegals.

[Born Conservative]

No problem; I'm not accusing you of being a DPN (duplicate posting Nazi). I just responded to let everyone know that I checked before I posted.

[Conspiracy Guy]

I hate the DPN's

[Sunshine Sister]

I don't understand how a person who has never gotten a ticket can have his driver license taken away. Is there no due process in this state? Someone needs to have the backside kicked over this!

[Born Conservative]

Ping

[Mr Ramsbotham]

"The safety of the public good takes precedence over a person's privacy. Right to privacy is not absolute," Ricci said.

Tell that to the AIDS lobby.

[Kaisersrsic]

Ping

[BipolarBob]

and yet they can't bend over enough for illegals.
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That's because the illegals NEVER drink and drive, and Always have insurance and . . . oh yeah it's PC.
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sarcasm/ but the good kind

[tahiti]

"The safety of the public good takes precedence over a person's privacy. Right to privacy is not absolute," Ricci said.

Tell that to the AIDS lobby."

Your oh so correct with that statement.

In addition, the same attorney, Mr. Ricci states, "Driving... is a privilege, not a right."

How did this happen?

Before the invention of the automobile, did people who rode a horse, operated a two-wheel buggy, or covered wagon, not have the "right" to travel by those means to any destination of their choice?

The Pennsylvania Constitution states,

Inherent Rights of Mankind Section 1. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Isn't an "inherent and indefeasible (that cannot be annulled or made void) right(s)" of "enjoying...liberty" include the right, not the privilege, to travel uninhibited by government in acquired private property (an auto) on the roads that your tax money has paid for?

Of course it does.

The "right" to travel as free people is so basic to freedom and liberty that any government intervention to the contrary is anti-liberty and surely violates the Pennsylvania Constitution.

[TexasTransplant]

I would be interested on your take on this story.

[pgyanke]

From the Constitution of the Commonwealth of Pennsylvania:

Section 11.
All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and eight and justice administered without sale, denial or delay.

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On the surface, I would say he was denied due process. It is reasonable that the state has the duty of providing for the public welfare. In that, as pointed out in the article, they are right to deny driving licenses to those who are physically impaired (prone to seizures is a great example) and pose a serious hazard to other citizens on the highway. In this instance, his own doctor, as compelled by law, has notified the DOT that he is an impaired driver until he remedies the situation.

The only gripe I would have in this instance is that he should be allowed to challenge the charge of one man's opinion before being summarily sentenced.

[TexasTransplant]

The Liberties our Founding Fathers and every Soldier Sailor and Marine since has fought for are tossed out the window because "The Ends justify the Means" Cameras in your shower to make sure that you are wearing your "State Mandated, Approved and Inspected Shower Helmet" is not far down the road, we need to protect us from ourselves. God help us if people with your views of "Liberty and Justice for All" become a Majority. TT

[MEGoody]

"the Nanny State need not be inconvenienced."

It's 'Nanny State' to keep unsafe drivers off the road? Then so be it - I guess I'm in favor of a nanny state.

This guy has a condition that can make him pass out. This condition is exacerbated by his drinking.

He should not be driving.

[MEGoody]

"Before the invention of the automobile, did people who rode a horse, operated a two-wheel buggy, or covered wagon, not have the "right" to travel by those means to any destination of their choice?"

There is a difference between riding a horse through a sparsely populated town and driving a dangerous vehicle at 65 miles an hour on a crowded highway.

[dirtboy]

It's 'Nanny State' to keep unsafe drivers off the road? Then so be it - I guess I'm in favor of a nanny state.

Not only is alcohol a legal substance to consume, but in Pennsylvania the only place you can buy wine and liquor by the bottle (with a few exceptions) is ... STATE STORES. So the product is legal enough for the state to sell it - but if someone consumes the legal product, the state can, without any evidence of wrongdoing, take away the person's license.

And as noted on the other thread, this could have a VERY chilling effect on people's willingness to mention their alcohol consumption to their doctors. I'm this guy's age, and I'll drink a six pack - and at my body weight, I'm not even legally intoxicated if I were drink a six-pack in an hour. I will now think twice about mentioning to a doctor that I consume beer if I go to him for any health problem.