The DUI Exception to the Constitution

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

[KrisKrinkle]

“...you can’t just defeat the carburation system, or change the bore.”

That would constrain the kind of car that could be driven, while leaving intact any right to drive an unconstrained car provided “You can drive all you want on your private land without a license” thus leaving as false the statement “Driving a car is a PRIVILEGE, not a RIGHT“.

[buccaneer81]

Bet you didn’t expect this result when you started the thread! I had one that I posted take off like this a few years ago. It’s fun!

[Congressman Billybob]

I apologize to all for having anything to do with this thread. I read the lead article, and got a whiff of alternate-universe passionate illogic. I made the bad assumption that like most FR treads, an intelligent discussion of the pros and cons would follow.

Boy was I wrong. And I apologize. If you don't want to hear from someone who's won a case or two in the Supreme Court, that's okay. And I will take the occasional insults for what they are worth.

John / Billybob

[Ron Jeremy]

Oh, I expected a mixture of opinion, but I am surprised it has gone on this long.

[Ron Jeremy]

It has nothing to do with that. You posted that driving was a privilege and not a right. You are correct, from a legal standpoint, and everyone knows you are a smart guy and a valuable freeper. We are asserting, however, that the standard which you point out exists should NOT be the standard.

That the government should not be allowed to stop you for no reason at all, and detain you without letting you call a lawyer.

But I guess that is an alternate-universe passing logic.

[Ron Jeremy]

I hope that everyone who thinks he has a constitutional right to drink and drive is arrested as promptly as possible and loses his license

Who asserted that they have a right to drink and drive? What was that you recently said about an intelligent back and forth? Or did you not read the post?

[NonLinear]

Many states also have laws which require you to submit to testing if law enforcement has probable cause to believe you are DUI. If you don't like the provision, return the license and stop driving.

The point of the article was not that driving under the influence is a good thing that should be allowed, or even a bad thing that should be ignored. The absence of probable cause and due process were the actual point.

[Mojave]

“No title of nobility shall be granted by the United States:...”

Someone would have to be VERY drunk to think that a driver's license was a title of nobility.

[Mojave]

Halfwits are better than no wits.

McDonald's idiot followers are the "no wits." I know three of them who lost their their homes and one who went to prison following that half-wits advice.

[Mojave]

The source is that you and your buddies select people navigating the public thoroughfares

Couldn't pass the written test?

[Seven plus One]

But I guess that is an alternate-universe passing logic.

Nah. Just what every American expects when he wakes up in the morning. Tell him otherwise, and he'll ask you why. Give him a snotty answer, and watch out.

[muawiyah]

Driving has nothing to do with "operating" ~ they're different activities, and the law constrains you in different ways depending on whether you "operate" on public right of way or on your own property.

The right/privilege dichotomy popped up in a Supreme Court decision. Folks may or may not agree with the decision but they can't dispute that the language was used.

[Mojave]

I read the lead article, and got a whiff of alternate-universe passionate illogic.

With a big dollop of welfare recipient mentality. The taxpayers owes 'em a public road system that they can use however they want.

[dilvish]

There’s a lot more to a field sobriety test than walking the line. And in some states (AZ where I live being on the list) the field test is basically unpassable even if you’ve never touched booze in your life. There’s a lot of gotchas in the test, like they tell you to touch your nose but they don’t tell you when to stop touching your nose, how you handle that is considered an “indicator”. If you have the option in your state it’s best to refuse the field test, drunk sober or teetotaler no good can come from taking that test.

[Ron Jeremy]

So you think a drivers license is a title of nobility?

[Mojave]

Driving has nothing to do with "operating" ~ they're different activities,

Hogwash.

[RockinRight]

Pardon my ignorance, but what’s the RWJF?

[buccaneer81]

If you don't want to hear from someone who's won a case or two in the Supreme Court, that's okay.

You are so full of yourself. Typical lawyer and wannabe commissar.

Get lost.

[muawiyah]

“Macon County”, “Macon County Line”, and “Return to Macon County” were all filmed in South Carolina and drew upon ancient South Carolina traditions.

[muawiyah]

The "seizures" part ~ your plane landing in my yard as a consequence of government action (or inattention) is an "unlawful seizure".

Certainly you can't defend such a thing.