This is what keeps lawyers in business. Still gonna cost you attorney’s fee if you win, though. I doubt you think we should just do away with DWI laws.
YOU: I doubt you think we should just do away with DWI laws.
I made no comment on whether DWI is a reasonable statute or a needed law, other than that a single standard for all seems fair. I just pointed to the failures to be fair in enforcing the law presented by the author of the original argument.
And neither did the original article suggest that DWI laws should be abandoned. The point of the article wasn't that DWI laws aren't needed, but that they are unfairly enforced, and written and enforced in a rather un-constitutional or un-American way.
Ok, I know that the 'driving is a privilege' idea is firmly set precedent. But removing trial by jury, dropping 5th amendment incrimination protections, etc, still is not in the spirit of the constitution, which in my my mind defines a good part of 'the American way'.
We have a right to bear arms. But that is limited in NJ to those who are of age, non-felons, who can obtain a permit. I see no reason why making driving a right would prevent the requirement of drivers licenses. But then again, I am not a lawyer. And getting the right/privilege thing changed just isn't going to happen.
This is all a big mess. We want drunk drivers off the road so that they don't kill other folks kids. Then, we give them probationary licenses to drive to work so their kids won't starve. It's not like it's illegal to serve liquor at lunch, or that there aren't kids and families out and about at lunch or at rush hour.
So, some form of DWI law is needed. But the current laws and enforcement are a mess.