Should the Constitution be suspended for DUI?
4th amendment - DUI checkpoint 5th amendment - blood/urine/breath sample 1st amendment - sending people to AA does the Constitution only apply to people who arent unpopular? ...
4th amendment - DUI checkpoint
5th amendment - blood/urine/breath sample
1st amendment - sending people to AA
does the Constitution only apply to people who arent unpopular?
You sound as if you wish is was that way. The answer is no.
no never
I agree on your First Amendment point (that a court requiring AA attendance violates religious freedom) – but for the other two, you are giving consent when you voluntarily get a driver’s license from the state. You don’t HAVE to drive, after all.
Yeah, it’s sort of a bogus situation, but that’s the way the law reads.
For CitiCop and others who are not aware – many drug and alcohol convictions result in a suspended or reduced sentence if the convict attends a rehab program. Problem is, most of the rehab programs (ALL of them in some areas) are religious-based – so effectively, you have to attend their church, claim to believe in their religion, or go to jail. See the link for an example.
Ummm. No.
The courts have ruled that the public safety issue outweighs the privacy issue for DWI checkpoints- No 4th Amendment violation.
The 5th Amendment applies solely to Testimonial Evidence. Physical Evidence (Blood/Breath/Urine/Saliva/DNA) is not covered by this. Not to mention that the states all have "Implied Consent" laws that mean you already gave permission to have Law Enforcement do that when you got your driver’s license, which is a PRIVILEGE and not a RIGHT.
I have never heard of someone getting sent to AA for a DUI. There are classes that you must take, but they do not violate your first amendment rights in any way.
Any other questions?
There is no constitutional right to have a driver’s license or to kill another person with an automobile.
No..on every count you mention. The constitution shouldn’t be suspended for any crime, guilty or not guilty. Not everyone is guilty. I have been accused of DUI and I don’t even drink..I used to. If it were suspended i would automatically be guilty regardless if i drank or not. I beat the charge, but was held in jail two days then finally released. I received no compensation and no apology. Why should police have even more powers over our lives?
No AA? HA! That used to be standard practice. I argued with both a judge and probation department over being forced into AA. Not long ago you had no choice. Go to AA or go to jail.
There are all implied consent issues.
4th and 5th amendment–you have no argument.
1st amendment–you are correct, and many courts which have looked at the issue agree with you. See, for example, Inouye v. Kemna.
http://www.digitaljournal.com/article/229810/AA_Can_Not_Be_Forced_Onto_Parolees
By the way, how on earth can anyone who is involved in the law enforcement world be unaware that people are often sentenced to AA meetings? At some of the AA meetings I used to attend, half the group would be court-ordered! Completely unconstitutional, but done all the time.