Interesting read. Is that the position of most here - random checkpoints are unconstitutional so we should throw out all DWI laws?
I agree we can throw them out if someone driving recklessly and endangering others on public roads can be arrested and charged with that crime.
For now I will continue to call state troopers when I see a drunk on the roads. There are other options, but I don't have my conceal carry permit yet...
If we could have DWI/DUI laws enforced as they used to be--a cop pulls someone over when he's observed not to have effective control of his vehicle--I think people would be happy with that.
Unfortunately, what has happened is that groups like MADD find objectionable the number of people who were driving with a 0.08BAC, not causing accidents, and not drawing enough attention to themselves to get caught. Thus, they argued, the only way to enforce the 0.08BAC is to have "sobriety checkpoints" and the like.
I agree we can throw them out if someone driving recklessly and endangering others on public roads can be arrested and charged with that crime.
Is there any problem prosecuting people for observable reckless driving?
For now I will continue to call state troopers when I see a drunk on the roads. There are other options, but I don't have my conceal carry permit yet...
If you see a drunk on the road, the driver isn't going to blow a 0.08 terribly soon.