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The DUI Exception to the Constitution
DUI Blog ^ | 2005 | Lawrence Taylor (not the Linebacker)

Posted on 12/31/2008 2:53:07 PM PST by Ron Jeremy

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To: Congressman Billybob
Driving a car is a PRIVILEGE, not a RIGHT. The Constitution guarantees NO ONE the right to get behind the wheel

I normally agree with you, CB - but with all due respect, I don't see an exemption to the 4th and 5th Amendments when someone is driving a car.

81 posted on 12/31/2008 4:09:33 PM PST by dirtboy
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To: ConservativeMind
The Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized:"

You will notice that expectation of privacy is not mentioned. You may also want to note that the Amendment guarantees your right to be secure in your person even before it mentions your house.

82 posted on 12/31/2008 4:10:37 PM PST by CharacterCounts (1984 was supposed to be a work of fiction, not a how-to manual.)
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To: KevinDavis
He was being sarcastic, responding to a previous post.

I felt the same way you did, then I reread his post and the one he was replying to.

83 posted on 12/31/2008 4:10:49 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Ron Jeremy; All
The old system of sobriety tests was better. While the BAC may provide some objectivity, it fails to recognize that the established level of alcohol in the blood may not indicate incompetence in every person.

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.

84 posted on 12/31/2008 4:11:37 PM PST by ROLF of the HILL COUNTRY ( The Constitution needs No interpreting, only APPLICATION!)
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To: Ron Jeremy

Screw the rabid nannies!


85 posted on 12/31/2008 4:11:57 PM PST by arealconservativeforachange
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To: KevinDavis
So do I!

Go back and reread the post. The whole post.

86 posted on 12/31/2008 4:12:04 PM PST by CharacterCounts (1984 was supposed to be a work of fiction, not a how-to manual.)
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To: Gabz
This is a touchy one.

Only because of the way they describe their position.

They are against drunk driving, so if I am against them, by extension, I am for drunk driving.

As if.

Happy New Year Gabz, and thanks for all the pings.

87 posted on 12/31/2008 4:12:11 PM PST by fanfan (Update on Constitutional Crisis in Canada.....Click user name)
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To: Gabz

“Just ask any farmer about tagging their livestock...”

You know when they come to tag my laying hens it becomes ‘Butcherin’ Day!’

I loathe these people.


88 posted on 12/31/2008 4:13:31 PM PST by Diana in Wisconsin ('Taking the moderate path of appeasement leads to abysmal defeat.' - Rush on 11/05/08)
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To: buccaneer81

I was trying to point out how fallacious his argument was. His argument was right out of 1984.


89 posted on 12/31/2008 4:14:48 PM PST by CharacterCounts (1984 was supposed to be a work of fiction, not a how-to manual.)
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To: Congressman Billybob
Driving a car is a PRIVILEGE, not a RIGHT. The Constitution guarantees NO ONE the right to get behind the wheel. With that understanding, this entiren long-winded argument collapses to the ground.

While I totally agree with you that driving is not a right, there still remains the right against self-incrimination, and a myriad of other rights that are routinely tossed by the wayside in DUI cases.

What about the guy that is sleeping it off in the backseat of the car, but because he has his keys in his pockets is busted for DUI --- in his own driveway? The cops never saw him driving, but that doesn't matter, he's in the vehicle and has the keys and is intoxicated, but he is also on private property.

Sorry, my learned friend, but DUI laws are abused and the fanatics at MADD see to it that it happens.

As to the situation mentioned, it is a true story. The man involved and his wife had a fight and instead of keeping it going he just went out to the car --- she called the cops on him and she is the one that told me the story.

90 posted on 12/31/2008 4:15:39 PM PST by Gabz (Happy New Year)
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To: Congressman Billybob

Besides, we are talking about operating motor vehicles on public roads. If the guy were just spinning wheels up and down his own driveway he’d soon discover the law was far different in those cases ~ although there are still limitations on operating motor vehicles, or even stationary engines, while drunk on private property.


91 posted on 12/31/2008 4:16:11 PM PST by muawiyah
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To: Congressman Billybob
Driving a car is a PRIVILEGE, not a RIGHT.

Was the ability to ride one's horse or horse drawn buggy into town a Privilege or a Right?

If I wish to drive my car around my 100 acres, is that a privilege or a right?

Just because YOUR government now owns and maintains the roads does not mean that my ability to drive a car on those same roads is now a privilege.

Yea, I know you are an attorney and can easily out debate my argument but the fact remains that YOUR government has now turned my once "Right" into a privilege.

You know damn well that that does not make it right.........

92 posted on 12/31/2008 4:17:15 PM PST by Hot Tabasco (Today is just a little more special than yesterday.)
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To: CharacterCounts

I agree.


93 posted on 12/31/2008 4:18:09 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Ron Jeremy

Two very important points.

1)According to the National Highway Traffic Safety Administration (NHTSA), “A motor vehicle crash is considered to be alcohol-related if at least one driver or non-occupant (such as a pedestrian or pedalcyclist) involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality. The term ‘alcohol-related’ does not indicate that a crash or fatality was caused by the presence of alcohol.

And:

2)From the book: Alcohol in America: Taking Action to Prevent Abuse (1985)
Starting on page 32, here’s what they had to say:

Using several epidemiological studies of drunk driving, Reed has calculated a more accurate estimate of the number of deaths that could be prevented if no one ever drove after drinking. These studies compared the blood alcohol levels of drivers involved in accidents with the blood alcohol levels of drivers not involved in accidents(this latter control group was randomly selected at times and places similar to those at which the accidents occurred). The data shows that 24 percent of the fatalities would not have occurred if the drivers had not been drinking.

So, 76% of drunk driving fatalities would have occurred whether alcohol was present or not.

Most deaths claiming to be “alcohol” related are in fact not related to alcohol at all.

Mark


94 posted on 12/31/2008 4:20:01 PM PST by budda1954
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To: CharacterCounts; All

My mistake..


95 posted on 12/31/2008 4:20:36 PM PST by KevinDavis (Thomas Jefferson: A little rebellion now and then is a good thing)
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To: Hot Tabasco; Congressman Billybob
Hey, Billybob, we have someone who imagines there was a time when the principle means of getting from one place to the other in this country was NOT on a public right of way.

Wow!

96 posted on 12/31/2008 4:20:59 PM PST by muawiyah
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To: Ron Jeremy

He had me up until the point he said the California Supreme Court is to the right of the US Supreme Court.

He really has no idea does he? Their position on this issue is a “lefty” position of “we know better than you or your messy science” and not even a conservative opinion.


97 posted on 12/31/2008 4:21:08 PM PST by Der_Hirnfänger
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To: Ron Jeremy
This is a rather long way to miss the salient point: The Constitution does not really apply once you sign that application for a driver's license and voluntarily agree to abide by the state driving code. At least the Constitution does not apply in the way this author seems to believe it does.

You've agreed to be bound by the state driving code. Like it or not, whatever it says in the state driving code is what you'll be prosecuted under, Constitution not withstanding unless we intend to void legally binding contracts when one party no longer likes what they've agreed to

98 posted on 12/31/2008 4:22:32 PM PST by Lloyd227 (Class of 1998 (let's all help the Team McCain spider monkeys decide how to moderate))
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To: FoxPro
Wish me luck!

You've got it and my prayers, FRiend. I don't know about Arizona, but in Delaware, no matter how sober you are, if you refuse the breathalyzer you lose your license.

99 posted on 12/31/2008 4:22:43 PM PST by Gabz (Happy New Year)
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To: nobama08
That seems a little much, but what is so difficult about not driving after you have been drinking? DWIs are very, very expensive. Why risk it?

Dude - DUI is a thoughtcrime.

100 posted on 12/31/2008 4:25:08 PM PST by an amused spectator (I am Joe, too - I'm talkin' to you, VBM: The Volkischer Beobachter Media)
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