UPDATE** Sobriety Checkpoint Scheduled for St. Tammany Parish
Join the discussion below, or Read more at Louisiana State Police.
#1 Nov 26, 2009
Neo-Prohibition is here folks. MADD has chipped away at the constitution to the point that rapists and murderers are afforded more protection under the constitution than someone suspected of drunk driving.
MADD must continue to justify their existence so that they will continue to receive millions in federal grant money that feeds this out of control monster and their lobbyists who use it to line the pockets of law makers and politicians.
This is not about public safety, it's about MADD money.
It's well established in the law that when applying a constitutional analysis, the "ends do not justify the means". Simply because you might catch or deter more drunk drivers, does not make it constitutionally permissible.
Our 4th Amendment constitutional right to move freely about is violated by checkpoints. A right so precious that the government cannot setup roadblocks to catch drug traffickers, kidnappers, rapists, or murderers. Yet, the power of MADD money has made it constitutionally permissible to setup a roadblock to catch folks who have had a glass of wine at dinner.
Our 5th Amendment constitutional right not to be compelled to produce evidence against ourselves is violated by roadside sobriety tests. While you can refuse a sobriety test, most folks do not know this and police can be coercive into making you do it. Now MADD and Jindal want to make it a crime to exercise this constitutional right.
Our 14th Amendment constitutional right to Due Process and a fair hearing are violated for merely exercising the aforementioned 5th Amendment constitutional right. When one is brave enough to refuse a sobriety test, they are punished on the roadside without a hearing and an automatic suspension of their license. Now MADD and Jindal want to further abuse this constitutional right by punishing you like a criminal!
Our 8th Amendment constitutional right against unusual punishment is arguably already being violated by the roadside kangaroo courts automatic loss of license, but now MADD and Jindal want to punish you for a crime for merely exercising your 5th Amendment constitutional right! Now that is not only unusual, but also frightening!
#2 Nov 27, 2009
Amen to that brother.
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