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To: Congressman Billybob; ConservativeMind; Uhaul; muawiyah
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.

Apology accepted.

The original point was that citizens are being denied any expectation of probable cause, due process, presumption of innocence, and legal representation. This may be followed by a faulty analysis using improper protocol, where the test relies upon politically determined, nonscientific, almost randomized parameters.

The net result can be the unwarranted loss of liberty, property, stature, employment and general diminution of happiness. This can happen WITHOUT THE PERSON BEING INTOXICATED (caps provided for those who seem to insist that this is a thread supporting drunk driving.)

Additionally, the point is made that the laws have been corrupted to the point that they no longer have any direct relevance to the ability to operate a motor vehicle, but rather failure to properly operate a breatholyzer instrument.

For instance, a citizen who is a non-drinker has a cold, takes a teaspoon of cough syrup at the doctor's office, leaves in their vehicle, arrives at a check point, is tested without probable cause and blows a borderline reading due to the errors listed in the article. They have violated no law, but find themselves in legal hell. Some of us believe that this resembles a police state, not a free republic. The protections of the Constitution have been erased by fiat.

THAT, my FRiend is the point.
419 posted on 12/31/2008 9:36:37 PM PST by NonLinear (McCain failed to raise the money to project the message he didnÂ’t have.)
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To: NonLinear
If you don't want to hear from someone who's won a case or two in the Supreme Court, that's okay.

He speaks as if we're beneath him.

He wants to be in Congress, and he has the attitude down pat.

422 posted on 12/31/2008 9:39:59 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: NonLinear
The protections of the Constitution have been erased by fiat.

As regards the "DUI exception" to the Fifth Amendment (etc.), some articles I read years ago, as I seem to recall, pointed directly at former Chief Justice Warren Burger as the bad guy in this deliberate degradation of civil liberties. It was alleged that Burger was a big enemy of drinking and driving, and it showed in his opinions. Salus populi and all that: legal positivism, practiced by a hanging judge.

464 posted on 01/01/2009 3:32:38 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: NonLinear

Time to take a cab.


498 posted on 01/01/2009 8:11:49 AM PST by muawiyah
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To: NonLinear

Hear! Hear!


566 posted on 01/01/2009 5:31:41 PM PST by elkfersupper
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