Aldeer.com Forums Alabama Deer Talk Aldeer General Forum DUI checkpoint lesson

They were and it was before cell phone videos. One thing is for sure, if you aren't aware of your rights then you won't ever question anything law enforcement or government does. That's just the way they like it.

I wish more people knew their rights and the law. Maybe then they wouldn't complain as much about why the LEO can't just take their word and walk into their neighbors house because they know they are the one who stole their stuff.

Or that just because traffic is coming and going from their neighbors doesn't mean they are drug dealers. And if they are known drug dealers then that has to be proven first and doesn't mean the cops aren't doing their job if they don't kick in the door.

Or that just because a person was trespassing and has left doesn't mean the LEO can now arrest them immediately.

Or know the difference between criminal and civil. That one would really save some headaches.

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Driving is a licensed privilege not a right. [/quote]

I ain't buying this argument. Just because the sheriff requires a permit to carry a pistol does that mean its a privilege to protect yourself? Permits are required to march or protest in many places. Do we nit have a right to assemble? What about in a few years when Christian churches eventually lose their tax exempt status and half to get some sort of permit to worship? Will religion beba privilege then too?

Good points.

The right to drive isn't protected anywhere in the Constitution the way the right to bear arms and freedom of religion is. Roads are taxpayer funded and their are requirements a citizen must meet, as laid out in the law, before they can be issued a license. If those requirements aren't met they are not violating your constitutional rights if they refuse to issue you a license. However, sheriff's routinely violated our rights in this state before Alabama became a Will issue state instead of a May issue state for conceal carry. Those rights are constitutionally protected and unless they can show just cause they must issue that license. With open carry now recognized as lawful anyone can exercise their rights without relying on law enforcement to tell them it's ok. Driving is definitely a licensed privilege and it is not a violation of our rights to have it regulated.

Bill, what does the 9th amendment say? We have more rights than just the ones listed in the Constitution. I have a right to support my family. To do that I need to drive. Nobody needed a license to ride a horse back in the day. Just because roads are funded by fax payers doesn't make driving less of a right. I would argue it makes it more of a right. I have already helped to pay for the dang road and now you are telling me it is a privilidge to drive on it? All that being said, I am not against licenses and rules of the road. I just don't consider driving a privilege. It is a right in my opinion.

First, the law is clear. Driving is not a right.

Second, DUI checkpoints are almost always unconstitutional and are rarley used anymore. The courts have severally limited the scope of checkpoints and require a written plan be filed and approved before one can be set up. Most departments therefore don't bother with the hassle anymore. Now, they can have drivers license checkpoints and those catch drunks too.

DUI checkpoints? What ever happened to sitting across the street from the bars the last couple hours before closing time. Then pulling just about everybody over as they leave the bar parking lot. Or better yet driving around doing door checks on local businesses and noticing somebody weaving. You don't need a road block for any reason other than to prevent people from driving into an existing accident or ongoing area wide disaster. I am all for the cops doing their job and see them as necessary to the community and even respect many of them for the job they do and the person they are. However, the leo ARE NOT MY MASTER nor do they hold any special privilege within the community.

WAAYYYUUUMMM

That would be illegal even though it happens regularly. That would be no different than stopping you and questioning you just because you drive a Cadillac Escalade and that is the same kind of car most drug dealers drive. When we start accepting the violating of others constitutional rights because it jibes with our personal beliefs don't be surprised when one of your rights come under attack in the name of safety.

So is healthcare a right now just because the law says it is?

What about when new laws are passed that make other rights insecure?

Not arguing that the law regards driving as a "privilege"....guess I am more so arguing about the definition of right versus privilege.

That never stopped the cops in Tennessee during my misspent youth. They would even sit down the road from liquor stores and pull you over after you left it for a driver's license check. I feel there's a little more probable cause especially when I was young and might have looked to be under age. But when you're just driving down the road there is no reason for a road block / fishing expedition by the Gestapo. It smacks of National Socialism and Totalitarianism "Show me your papers" tactics.

So is Trenton which is just up the road from Chiefland.

There's nothing wrong with what this guy did. Drunks don't follow directions very well and they would be busted 9-10 times. Plus if the leo is suspicious he can follow the guy till the end of time. He made a point that needed to be made and it didn't have anything to do with drunks getting through a checkpoint.