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Thread: Dui stops

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  1. #1
    Ancient Arachnid Spider's Avatar
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    Default Dui stops

    Quote Originally Posted by quinn14 View Post
    You have to have reasonable cause to stop or detain an American. Stopping everyone is the exact opposite of that.

    BTW- I got some time to debate it if you want to start another thread. I am passionate about it.
    So I assume you oppose randomly stopping truckers to check whether they are in compliance with weight and vehicle maintenance regulations. Since there are usually no outward signs of non-compliance (probable cause), and since non-compliance poses a great risk to other drivers, should we just take our chances on the highway and hope that the 18 wheeler bearing down on us has good brakes?
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  2. #2

    Default Re: Dui stops

    You pose a good question. But, those aren't random stops. They are clearly marked and truckers are provided with this information when they take the job. IMO, that is just part of the job. It is also a law just like speed limits and signaling before switching lanes, there is nothing random about it. Every trucker knows about these before taking the job. Every job has it's perks and every job has the annoying things that you have to do. As a dentist, I am sure you are aware of that.

    Free people just driving down the road, in cars that have already been approved fit for the highway, should not be stopped unless they are breaking a law. You brought up earlier that the roads were public and therefore police should be able to stop anyone for any reason. Ask yourself this, who paid for those public roads? Of course the answer is taxpayers (you and me). If the roads were privately owned then I would not have a problem with it. But my tax dollars helped build the roads and I should be able to drive on them without harassment as long as I follow the laws that have already been implemented.

    That is why I don't have a problem with security before boarding a plane. I didn't help pay for the plane, it was done with private sector money. The problem I have is the government involvement in it. If Delta doesn't want to search anyone and wants to allow smoking, that's fine with me. If I want to fly on a plane that does full body cavity searches before I get on and doesn't even allow farting, that's my choice too.

  3. #3
    Ancient Arachnid Spider's Avatar
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    Default Re: Dui stops

    Quote Originally Posted by quinn14 View Post
    You pose a good question. But, those aren't random stops. They are clearly marked and truckers are provided with this information when they take the job. IMO, that is just part of the job. It is also a law just like speed limits and signaling before switching lanes, there is nothing random about it. Every trucker knows about these before taking the job. Every job has it's perks and every job has the annoying things that you have to do. As a dentist, I am sure you are aware of that.

    Free people just driving down the road, in cars that have already been approved fit for the highway, should not be stopped unless they are breaking a law. You brought up earlier that the roads were public and therefore police should be able to stop anyone for any reason.
    As I understand your position, the only difference between a trucker being stopped and you or me is that the trucker is at work and we are at leisure. It could be argued (and I will) that just as the trucker must accept that he may be stopped for a random check on the highway, and they are often random just like speed traps, the recreational driver knows that there is a chance that he will be randomly checked for intoxication. Driving is a privilege not a right. That's why you have to get a license.

    I appreciate the personal freedom vs. public safety issues (like the Patriot Act?), but sometimes you have to give up a little of one to gain the other. As arm-spin points out, this may be one of those situations. Not all government intrusion is a bad thing.
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  4. #4

    Default Re: Dui stops

    Legal technicalities aside, what's the harm in a DUI stop? I've been through a lot of checkstops and most of the time it's a minor inconvenience (2 minutes to show your licence and say "hi") in exchange for getting drunk drivers off the road. I don't know about you, but I want people who drive while under the influence to get caught as often as possible.

  5. #5

    Default Re: Dui stops

    These stops have been around for years, someone must have challenged the constitutionality by now, right? Since there are still DUI checkpoints it would seem that the courts ruled these are constitutional. What about these rulings do you disagree with Quinn?
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  6. #6

    Default Re: Dui stops

    Quote Originally Posted by FloggingSully View Post
    These stops have been around for years, someone must have challenged the constitutionality by now, right? Since there are still DUI checkpoints it would seem that the courts ruled these are constitutional. What about these rulings do you disagree with Quinn?
    I think the 4th amendment makes them unconsitutional. As far as judges upholding the decision, that's apples and oranges. It all depends on who is sitting in the judges seat. We all know that the constitution is a concrete document, yet there are differing opinions on how to "interpret" it. There shouldn't be any interpretation, IMO. If it says you have to have reasonable cause to detain someone, then dammit, you have to have reasonable cause. For some reason people have become okay with limiting their freedoms for "so called" safety. It is exactly what Benjamin Franklin said would destroy our freedoms. (Or was it Jefferson?)

  7. #7

    Default Re: Dui stops

    Quote Originally Posted by quinn14 View Post
    There shouldn't be any interpretation, IMO. If it says you have to have reasonable cause to detain someone, then dammit, you have to have reasonable cause.
    But what is 'reasonable' is up to interpretation.

    What is the reasoning that these judges give when they OK DUI checkpoints that you disagree with?
    There's no such thing as a pretty good aligator wrestler.

  8. #8

    Default Re: Dui stops

    Quote Originally Posted by FloggingSully View Post
    But what is 'reasonable' is up to interpretation.

    What is the reasoning that these judges give when they OK DUI checkpoints that you disagree with?
    Reasonable means that you fit the profile of a person they are already looking for. Reasonable would be seeing a woman bleeding on the street with a stab wound and then seeing a guy with blood on his pants. Come on, you know what reasonable is. Stopping every single person who drives down a road is not reasonable. It is facist.

    I know you don't agree with stopping every mexican looking person and demanding ID, so why would you agree with this?

  9. #9

    Default Re: Dui stops

    Quote Originally Posted by quinn14 View Post
    Reasonable means that you fit the profile of a person they are already looking for.
    Where in the constitution is this definition of reasonable found?
    There's no such thing as a pretty good aligator wrestler.

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