The DUI Exception to the Constitution

DUI Blog ^ | 2005 | Lawrence Taylor (not the Linebacker)

[elkfersupper]

You should get on your knees and thank God that you aren't in charge because it could be much worse.

I have never seen such an elitist, condescending, authoritarian, tyrranical statement on Free Republic.

Congratulations.

[ScreamingFist]

Sure, but what about the fact that you can do that, not have anything to drink, not behave erratically, and STILL be subject to a stop, interrogation, no right to lawyer, etc.?

Indeed. Unfortunately, the right to let police not intrude in our lives was given up by us the day we signed our driver license.

I don't like it anymore than you, but it is the reality we have inherited by letting special interest groups dictate law.

[Gabz]

Isn't it interpreted as proxy by parent?

Yes, which is why I said what I said. It still remains involuntary by the minor. Because of the parental "proxy" the minor is being forced without consent, because the minor is unable to legally consent or refuse.

Our 10yo actually does a lot of volunteering and community service, but it is by her choice and with our permission. If she doesn't want to participate we are not going to force her, nor will anyone else. (remember, I'm not talking about academic school work)

[muawiyah]

The Governor of Indiana did that ~ said screw the federal funds and began operating the Interstates the way God meant them to be operated.

He gets regularly lambasted in these threads by people who don't like DUI regs.

[elkfersupper]

We went to a public hearing where I claimed my right of access. The State and county figured it was easier to buy me off than challenge my right of access ~ which is how we got a stoplight system at the entrance to our development on a different main thoroughfare.

So, your control-freak tendencies go back a ways.

[Uhaul]

"I think what you are wishing for is a return to Prohibition."

That is a simply ridicules leap in 'logic'. Put the bottle down. Back away.

I have no problem, however, with government prohibiting many actions. Rape, murder, theft, abortion - many things "offend" me. Get real - are you trying to tell me you have a "right" to drive drunk?

[elkfersupper]

You mean like Thomas Jefferson's National Turnpike?

At least Jefferson's tolls were universal and weren't necessarily extracted at gunpoint by government agents.

[muawiyah]

This is not necessarily true. Operation of a motor vehicle on private property is regulated to some degree. First off, you can’t just defeat the carburation system, or change the bore.

[Mojave]

At least Jefferson's tolls were universal

Whatever that means. BTW - source, please.

[an amused spectator]

However it does not make him infallible, nor does it immunize him from the same questions/criticisms/comments posed to the rest of us.

This is true. I myself may take issue with the Congressman's post, but he has shown that he knows more about "the lore" (my mocking phrase for "the law") than I do over the years.

I wished for Freeper rednesss to be aware of that fact.

[muawiyah]

Delaware is "special". Most of those traffic laws have to do with the "beach", and they'll be enforced against tourists, not the locals.

I know!

[an amused spectator]

He's dead wrong on this thread.

I'd like to think so, but "A Funny Thing Happened On The Way To The Courtroom"... - and does all the time.

[Uhaul]

"While it is not currently permissible to drink AND drive (a relatively recent development), it is perfectly legal to drink THEN drive (although not advisable).

Please make the distinction in your future posts."

I think you should avoid drinking and typing. Please explain to me what my original comment and legality have in common.

[PhilosopherStones]

Again, you are “contracting” with the state, not a private party. The state can only demand what we allow them to.

Last year, my daughter (then in 8th grade) made a little toy that lots of her friends liked. She mass produced 50 of them and sold them for $5.00 a piece making a handsome profit.

On her application for High School (this is SF - you have to ‘apply’ to High School) they asked her about her “community service”. I told her to write: “I provided a new product to people that they wanted at a price they could afford...”

She was accepted to the best public HS in SF.

The “community service” graduation clauses would never withstand USSC scrutiny if anyone wanted to spend the time and money.

[buccaneer81]

This is true. I myself may take issue with the Congressman's post, but he has shown that he knows more about "the lore" (my mocking phrase for "the law") than I do over the years.

Well he should. He's been practicing for 33 years. Doesn't mean his interpretation of the law is correct.

He wants to be a politician. It shows.

[elkfersupper]

You're confusing the Constitution with the Declaration of Independence. Too much alcohol?

You're confusing Enumerated Powers with current practice. Too much control freakism?

[buccaneer81]

On her application for High School (this is SF - you have to ‘apply’ to High School) they asked her about her “community service”. I told her to write: “I provided a new product to people that they wanted at a price they could afford...” She was accepted to the best public HS in SF.

I'll admit, that's impressive.

[ConservativeMind]

Hey, Mr Traffic Controller, should people in your job be allowed to show up at work drunk? I mean, after all, “humans cannot reasonably be expected to exercise perfect judgment in all cases.”

I mean, what bad can come of that scenario?

If you can’t show up at work less than sober as an air traffic controller, in which you only sit down and DON’T drive a weapon, then you can’t show up in a guided weapon to claim an innocent live, either.

[Mojave]

“The privilege to operate an automobile is a valuable one and may not be unreasonably or arbitrarily taken away; however, the enjoyment of the privilege depends upon compliance with the conditions prescribed by the law and is always subject to such reasonable regulation and control as the legislature may see fit to impose under the police power in the interest of public safety and welfare. See Anderson v. Commissioner of Highways...”

http://www.dadsnow.org/legal/lr-wash.htm

[Seven plus One]

The Governor of Indiana did that ~ said screw the federal funds and began operating the Interstates the way God meant them to be operated.

How did God mean to operate them? If I'm anti- police-state does that make me anti-God as well?