tag:blogger.com,1999:blog-8298837746880587541.post1626083999289001080..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Driving a stake into the 5th AmendmentPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8298837746880587541.post-15077364477881110622010-02-11T10:46:53.670-06:002010-02-11T10:46:53.670-06:00Yes you can -- upon the presentation of a valid wa...Yes you can -- upon the presentation of a valid warrant or court order. That's what you see in sexual assault and murder cases -- serious felonies.<br /><br />But driving while intoxicated is a misdemeanor offense; just one step above a traffic ticket. <br /><br />There is no "balancing test" used in the states' decisions to compel motorists to submit to breath tests or face a suspension of their driving privileges. It was done by legislative fiat.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-90640248905011646412010-02-11T10:27:34.255-06:002010-02-11T10:27:34.255-06:00You can be compelled to provide DNA and other evid...You can be compelled to provide DNA and other evidence and the court has long held it is a balancing act between invasion of our person and the interest of the state. In this case, the state's interest is in keeping our roads safe and providing justice to the victims' families when a selfish, uncaring, irresponsible person takes the life of another after night of drinking.Mark W. Altman M.I.S.https://www.blogger.com/profile/09665954230990252862noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-739461593352402032010-02-10T23:14:07.828-06:002010-02-10T23:14:07.828-06:00Mark, thanks for the comment.
I, too, want to kee...Mark, thanks for the comment.<br /><br />I, too, want to keep drunk drivers off the road. However, I'm not willing to sacrifice our constitutional rights to do so. <br /><br />If we continue to allow our rights to be stripped away in the name of public safety and security -- one day we will wake up and wonder where they went.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-295538612663766952010-02-10T21:06:03.057-06:002010-02-10T21:06:03.057-06:00Paul,
I do not want folks Constitutional rights v...Paul,<br /><br />I do not want folks Constitutional rights violated, but if you drive impaired by alcohol I want you PROSECUTED and thrown in jail for as long as the law can possibly put you in jail. If it were up to me, if you drive drunk a second time, it would be your last, one way or another.Mark W. Altman M.I.S.https://www.blogger.com/profile/09665954230990252862noreply@blogger.com