Posted on 01/17/2012 4:31:51 PM PST by MissouriConservative
The Missouri Supreme Court has thrown out the results of a blood test on an unwilling suspect in a routine drunken-driving stop, ruling the officer should have obtained a judges warrant for the test.
(Excerpt) Read more at kansascity.com ...
I am most definitely not a Constitution hater. I always find it interesting that folks who say they love the Constitution forget about tenth amendment rights. If you do not like what your state legislature has done vote to change the situation.
MADD and the effects they have had on laws and Joe Public have gone to far.
They are out of control and need to be cut back, as well certain laws.
I think you have posted this story before.
Scary.
I would like to remind everyone here that:
ALL FIELD SOBRIETY TESTS ARE VOLUNTARY, NOBODY IS REQUIRED TO TAKE ONE, EVER, YOU ARE ONLY REQUIRED TO GIVE A BREATH OR BLOOD SAMPLE.
By the way I never answer any questions that are not directly related to the offense at hand. Excuse me Officer but I do Not Discuss my Personal Life with Complete Strangers. Why did you pull me over??
Are you suggesting that the Tenth Amendment overrides the Fourth?
These are the fellows (see MA DMV Research) who have been drinking so long and so hard that they are used to driving while intoxicated. In fact, I know several who are more dangerous sober. They have MULTIPLE DUIs and are still on the road. How does that compute?
MADD has been hardest on the guy who has two glasses of wine with dinner two hours ago. One beer is enough to trip the meter and cost upwards of $5,000. MADD has developed into more of a hypocritical revenue enhancement device for small towns and DUI attorneys than a genuine attempt to handle the drunk driving problem, which is real enough.
In the meantime, the real drunk drivers seem to continue on their merry way. The country is schizophrenic on this topic.
I cannot end anecdotal evidence about alcohol without mentioning Massachusetts, where I was the winner of a bet with your typical Masshole LEO, "$50 bucks says I blow a lower breath-a-lyzer than you and your partner and I am calling your PD Duty officer right now." BTW, the POH-leece have no actual right to ask you to step from your vehicle!
Problem: Drunks are the drunk drivers. MADD and Barney Fifes do not keep drunks off the road.BTW, if you are in an accident and have had nothing to drink in the last 24 hours, insist on a breath-a-lyzer for the other guy. You will be very surprised at (a) the results and probably even more at (b) the resistance of the local cops to performing the test.
This isn't just a 4th Amendment issue, it's also a prima-facia violation of the 5th Amendment right against self-incrimination.
I do not know about your locale, but in my area they announce where the duo check points are for a week ahead of time. These things are lit up with klieg lights that you can see from blocks away. I would merely suggest that perhaps if you cannot avoid a duo checkpoint then maybe you aren’t as smart as you like to holler you are.
And buy the way both the 4th and 10th are part of the Bill of Rights. I know folks want absolutism in things but the Constitution does not provides such a thing. Yes we have protections and rights but if your free speech is causing the enemy to know where our ships are your first amendment rights ought rightly to be limited.
“The best way to end DUI check points is for folks to quit driving after drinking....I have no sympathy for those who get caught”
You don’t belong here.
No I was not suggesting that dui checkpoints are matters of national security. All I was pointing out was that our rights have responsibilities with them too. Look I happen to agree with the ruling that the court made. I made a comment directed specifically at the irresponsible people who drink and drive. That was it nothing more. We are not entitled to license.
IMHO, MADD has gone too far especially pushing for primary enforcement of seatbelt laws and helmet laws for motorcyclists. One of their former executives, forgot the name but he was up to be appointed by zero to the head of the NHTSA and he was of the opinion that driving is a privilege and if you are out, you are considered guilty of an offense and you are required to prove your innocence. He heavily favored checkpoints. This executive also favored going back to the 55 mph speed limit as well !
> I thought I was the ONLY person who thinks MADD has gone too far.
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