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from,but,unless you're willing to "turn the page" on our freedom,civil rights and way of life as Americans and unless you're willing to sell out this great country to mindless irrational pressure groups and eventually probably find yourself saluting the chinese or the north korean flag,I think
you should reconsider your way of thinking.just ask yourself,
since when was using "fear tactics" ,imposing "harsher laws" and "severe punishment" the best way to solving problems in the UNITED STATES OF AMERICA? the solutions have to be in line with our core values and the spirit of our constitution.
we can not afford paying our freedom and civil rights as a price for the so called "safety".
Our core values in America include respect for our neighbors. Our right to live. The Constitution establishes our rights and in return, we are asked only to be law abiding citizens. Asking and expecting people to make responsible choices is not a fear tactic. The only people that fear harsher laws are the selfish individuals that feel they are above the law. The ones that put their own desire to drive drunk over the rights of the innocent person they kill. What are mindless irrational pressure groups are you so frightened of? Driving drunk is not a civil right.
this law in the States with nothing to fear because the only people who will be affected by it are those"selfish"assholes!
harsh laws don't creat civilized citizens.harsh laws don't creat civilized society.and harsh laws certainly don't solve problems.they rather pull countries backwards and into the garbage can of human history.there will always be folks who violate the law for whatever reasons.there will always be folks who aren't civilized enough to respect other people's rights.however,they should never be the excuse for uncivilized
laws as the law's role in a democracy is to "set the level" for civilization and "effectively" bring the people UP to that level rather than bringing the legal system DOWN to the level of the violators.everybody wants to live no argument there,but,what kind of life do we want for ourselves and our future generations?you're asking me what pressure groups I'm "afraid" of? I'm talking about self righteous zealots like MADD,DADD,"SADD" and the rest of the ADDs who pretend their purpose is to save us from crimes and deliver us from sins by promoting false ideas,skewed statistics and generic science while pushing for authoritarian laws and hidden agendas!such groups will stop at nothing,luring mostly naive people into supporting their "cause" with the use of distorted
facts and cheap rhetorics.ironically enough,the laws in Saudi Arabia are pushed NOT by the average citizens nor exactly by the government but by none other than a "pressure group" named
"wahabis" with the unfortunate blessing of great numbers of the mislead public!do you see some similarity?are you afraid yet?well maybe when you get pulled over someday and your BAC reads 0.00001 on the machine "harsher law" and you get your wiener amputated "harsher punishment" then you'll get the point!!
We encarcerate more of our population then any other civilized nation on earth.
It was merely pot, now it is alcohol. While they utilize the DUI statutes it does not matter, many are jailed merely for being found to have been drinking wether they drove or not.
The ravenous appetite of our out of control penal system will never be satisfied but only grow as more and more are fed to it.As thathappens more and more unreasonable laws and law enforcement. Given the stories coming out now about the crimes being perpetrated by law enforcement officials in thier quest to feed this lion it should not be long.
We have become a nation of unreasonable incarceration. the war on drugs could not keep the system fed nor will these unreasonable DUI laws. They will only wreck innocent lives in the name of saving life while the death rate on our highways continues climbing unabated. If they really wanted to decrease highway fatailities they would fix the roads. And stop cramming so many onto so small a driving area. When the number of cars goes up and the roadway area does not then the danger/death rate goes up. Putting people in jail does nothing to change this equation.
The devestation of the war on drugs and DUI statutes will not go on as they are today for long. As more and more families are kicked to the curb by the real consequences of these barbarian methods more will rise up until there are so many that jails will finally and mercifully be closed down and the lions that fed on the carnage sent packing.
the real victims are not only those in prison, but their families as well who suffered the economic consequences and emotional trauma inflicted upon them by a system that allowed the real animals to incarcerate good people for the real crime of having normal human faults.
This will certainly happen and when it does we should be prepared to deal with the economic re-patriation of the real victims of these laws.
I could not agree with you more. What was the outcome of your ordeal? Think I am going to lobby for NDDAMM. Non Drunk Drivers Against Madd Mothers.
what's the ACLU's stance on this issue? I think they should
get involved because this is not just about "drunk driving" ,this goes way beyond that to hit our very civil liberties!
for those millions who have been miraculously turned into
"criminals" for committing NO ACTUAL crime, I think it's time for them to stop feeling guilty or even sorry and stand up for this wave of injustice.
and for those who FOOLISHLY support MADD and their likes in the name of "safety", take a deeper look, do you really want to live in a country where random "check points" manned by the MARINE CORPS in some cases, are spread all over our cities and counties? do you want to live in a country where the average citizen is presumed GUILTY untill proven otherwise?
if you think drunk drivers are a threat, MADD is far more
dangerous of a threat to you and your children, you just don't know it yet.
More government foolishness.
To my end I recv'd 90 days incarceration, 1500.00 fine + other costs. My license is not available until 2022!!! This due to numerous illegal stops by local police while under suspension, which all started due to having no insurance and has escallated to 12 pull-overs in the previous 5 years..this is why I have NO PRIVLEDGES TO DRIVE UNTILL 2022...There is definitly many traffic laws which make money for the government and at the same time tear a hole in the fabric of a persons life. I'm fed-up and have tried to write and call local legislative reps regarding my issues and get no response ...Yeah , I love america..NOT
PS kodos to the lawyer who wrote in re: the illegal state of legalities THANKS
I know my son isn't perfect but I also know that he takes drinking and driving very seriously. I think his so called friend was not sober enough to drive, put the car in a ditch which caused a whole in the tire and when the car ran out of gas just left him there at the bridge. In the meantime the tire went flat. The toll booth wasn't in a place where the people inside could have seen anything so he has no proof of anything. He is in so deep that as usual only those who can afford a high priced lawyer can get out of. He has to work to make the money for all the devices, fines, etc. He was forced to go to an outpatient facility that was fifty dollars three times a week which he could not afford but were the only ones that could take him right away. He is in debt now up to his forehead and is severely depressed because he sees no end to it. He is looking for a cheaper outpatient place because the first one told him he had to leave because he can't afford the cost. This puts him in danger. The place he was going talked him into claiming he had a severe problem so he could get state help. She never gave him a ua but told him to say he was using to make them see how bad he was. I sat right there and heard her say"trust me, I know the system and this is what he needs to do. It's all about money and if he doesn't follow my advise he will go to jail, no doubt' She made a huge mess of everything because we were afraid enough to trust her. She talked us into in patient treatment so he could get outpatient treatment for free and all of this would keep him out of jail. I'm sorry to ramble but the nightmare is getting worse and worse. The reality of all this is that the person who is charge is place in such a way that it is almost impossible for them to work to make the money for all this stuff and when the parents see them working so hard to try and take care of everything end up with the financial strain. We do not have the money for a good lawyer and he doesn't either so we are all going broke trying to cover everything else. He has just gotten a third job to take care of the financial part but then when is he going to have time to go to outpatient classes three times a week and a meeting three times a week at least the court told him he had to? My son is ready to 'run' so he can try to have a real life. He won't but his depression is getting worse and I'm concerned that he has mentioned suiced. This was a smart, young, decent, loving young man when this all started that trusted the truth would set him free. What a joke. What a hard lesson to learn but I don't want him to let go of his beliefs about the world either, which he is doing everyday. He keeps going, he works hard and he's losing hope. His cousin got a dui and his parents put out $15,000 because they have money and got him off completely. Where is the justice for us that don't have that kind of money to fight with. We end up spending way more in fines and equiptment but don't have it all up front to stop this legal system which is totally set up to destroy lives. Not just the convicted but the families that love them
Imagine how the rest of us are treated that were never cops... lol
They said I was moving to left and right. They were right. Becacuse I was caught in a traffic jab. I could not have been moving very fast. I was just rolling so I did not have to stop completly every time the lights changed. This was in Greensboro NC and I was pulled by UNCG police,who I guess have jurisdiction any where in town. They charged me with Felony DWI. I had not had a drink for over 21/2 years and decided to have a about two glasses of wine with dinner. They had no Probable Cause to begin with 1
How about this new one: damadd.com ??
facts and cheap rhetorics."
Perhaps, when it is your daughter or son or mother or father or other loved one that is murdered because some asshole decided he was going to drink and then get behiond the wheel of a car, you will understand the "rhetoric" that these groups are using. You do not get it and that is clear...
Well you know why -because they can!
If these people were so concerned -seems logical to me they would ban all alcohol sales instead of steadily chipping away at our constitutional rights! They are cowards too afraid to take on the entire trade. Instead pick away one by one-at people both innocent and not-does not matter to a MADD person or persons!
Schennawy, I do admire your concern for "Rights", but can you explain to me the Rights of those who are Killed and Injured in this Land every year.Oh, thats right they had no "Right's". The Irrational pressure groups are fueled by we VICTIMS who have lost loved ones. Some of us are at odds with our so called leaders who treat this Slaughter as a low level crime,with not much punishment for these "HIGHWAY TERRORISTS".
When people are Killed with Hand Guns, all hell breaks loose and all the Dime Store Ministers are on it like gravy on potatoes, but no amount of anger on these Killers. D.WI. or any other name you give it costs 50 + Billion a year, where is the comments on that may I ask.
Not a one of us Victims propose Prohibition, all we ask is real punishment for a real CRIME.The Only Crime that is socially acceptable in America today.
Bill Dikant, Victim Advocate,
Castleton,N.Y. 12033
no one disagrees that DUI victims have every right to be angry and by all means are entitled to swift justice and retribution.I do not have sympathy for those chronic drunks who actually got behind the wheel and injured or killed an innocent bystander.
however,when the issue becomes merely a political and financial exploit by the state,group organizations,scam attorneys and other businesses at the expense of MILLIONS of american citizens who had their lives ruined for nothing more than blowing "0.08",this is when we have to take a second look.
when the problem continues to persist because our laws and policies are motivated by anger,vengeance and financial gain rather than an honest concern for american lives and a true desire to actually SOLVE the problem,this is when we have to take a second look.
when a SIGNIFICANT number of the police force stake out restaurants and bars looking for "drunks" while my neighbour gets robbed with a gun put to his head on a friday night and it takes the cops 45 minutes to an hour to show up,this is when we have to take a second look.
when cops think it is ok to randomly pull over,harrasse and often abuse american citizens under the claim they are drunk,this is when we have to take a second look.
when questionable statistics and biased analyses accompanied by cheap rhetorics and deceptive slogans including calling impaired drivers
"highway terrorists"like you have"kindly"named them,are systematically used to produce mass hysteria with the sole aim of demonizing a sector of the society,this is when we have to take a second look.
when nasty backdoors to martial laws are opened under the claim of fighting DUI including random traffic check points occasionally manned by military personnel,forceful blood draw by cops,denial of jury trials to DUI suspects while "advocates" and sleezy politicians keep pushing for"tougher" measures,this is when we have to take a second look.
when public transportation have been almost criminally neglected by the government and the alcohol industry and bar owners are never urged to take some initiative in arranging affordable means of transportations to their patrons while we are overly eager to CRUSH the "drunks" with an iron fest at their first violation,this is when we have to take a second look.
when they propose that DUI convicts including first time offenders will be forced to use hot pink and hot orange license plates on their vehicles
in a blatant barbaric discrimination against them and violation of their civil rights,while setting a precedent for MORE discrimination against other groups of the society,this is when we have to take a second look.
are you bored yet?I can go on and on to point out the nastiness and injustice in the bigger picture as pertaining to DUI policies but I shall stop here and just jump to a conclusion which is:
no argument that the ACTUAL victims of DUI have the right to justice and deserve our sympathy and social support and that the ACTUAL criminals of DUI should get appropriate punishment and that the state must stop WHORING around on both sides and capitalizing on our miseries.
at the same time those who will happily sacrifice their freedom for a FALSE promise of safety and those who think that the spirit of the law should be about blind vengeance and exploitation rather than curing social ills should WAKE UP and realize that they have become a bigger threat to this country than the problems they pretend to fight.
if you wake up every morning shaking with fear of being hit by a car,or shaking with anger and a desire to punish the whole world for a tragedy you had to suffer while forgetting to just inhale and cherish your God given freedom,you might as well stop living.
If there is a fatality involved, unless the defendant is rich, he/she will certainly go to prison. I've seen the police to go great lengths to punish those they KNOW to be innocent of this crime - simply because promotions are involved when it comes to multiple DWI arrests. Many of these convictions or guilty pleas are a matter of money plain and simple. I could go on and on about the technology used to convict people who are not DWI, the subjective signs used by police to charge, as well as the fact that many people with medical conditions like myself have abnormal physiology and will register a BAC even when no alcohol is consumed. I'm sorry for any loss you may have experienced at the hands of a drunk driver. I just ask that you consider not every drunk driving arrest is valid or as black and white as you might assume.
You clearly have not had to go to jail, or spend ridiculous amounts of money to 'buy back' your life and good name because you were the target of a DWI witch hunt. Casualties and injuries caused by drunk drivers are a travesty, fatal or otherwise. Does that mean that your average social drinker should go to jail, lose their license, have to spend THOUSANDS of dollars in court and legal fees? Not to mention loss of good reputation, job, etc... for blowing .08?
I feel just awful for people who are victims of overly fatigued drivers, cell phone/distracted drivers, etc... poor and irresponsible decisions behind the wheel cause deaths too, in fact there are numerous studies reflecting a similar likelihood of auto accidents with fatigued or distracted drivers as drinking drivers at a .08.
Grow up people. Wake up and smell the smoldering Constitution... just because this issue hasn't affected you yet, does NOT mean it won't.
Innocent until proven guilty?? Not with DUI! And I DO think there are 'witch hunts' and 'set ups' for this 'crime.' I am tiring of the judgemental people who call people who GET CAUGHT 'scumbags', 'murderers', etc... And I am NOT talking about all the repeat offenders who spend their time at the bars or who are serious alcoholics. I am talking about the average single mom working hard to support her kids, the parent who had a couple glasses of wine in their own home and was called to help their stranded teen, the couple out for their anniversary, etc...you get my point. To get booked, handcuffed, finger printed, and treated like you are a lying criminal is a scary experience for the average law abiding citizen. TEXTING, EATING, LOUD MUSIC, PHONE YACKING, and OTHER DISTRACTIONS probably have a bigger impact on accidents than all DUI 'convicts' do combined. The laws need to change. DUI'S stay on one's record for life. It limits freedoms more than any other crime...employment, loss of reputation and self esteem, stress to the family, financial problems, YOU NAME IT. The punishment does not fit the crime in most cases and, it is getting worse.
I was pulled over on a holiday weekend driving home from Fedex/Kinkos. The officer claimed I was "weaving" which is impossible in a snowstorm when the lane markers are obscured. He started his shtick, "How much have you had to drink, I need you to step out of the vehicle..."
I have PTSD and ADD, and had a sprained ankle the size of a small volleyball. He ordered me to do the three roadside tests, and got really angry when I asked him innocently, "Why are you jerking the pen?" during the eye test. He went on to shine his cop flashlight into ONE of my eyes (this knocks out your binocular vision and can thus affect your balance) and ridiculed me while I successfully completed the two balance tests *on a hill, in the dark, in a snowstorm, with a sprained ankle!*
He made me blow in a tube, and kept clearing the results (probably because the results were zero.) He kept yelling, "Blow harder! Harder! Now you're just playing GAMES!"
He was so abusive I had a panic attack. The paramedics came, after they left he hauled me off to jail! There, he told me I had to choose a test, blood or breath, and submit to a urine test "because you take prescription medication." I asked "May I please see a copy of the statute?" and was told no. I asked "May I please have a drink of water?" and was told no--odd if I had to submit a urine sample. He kept badgering me, "Do you understand?" and I told him "No, I don't understand, none of this makes any sense, I'll take whatever tests you want" and he kept up "You have to CHOOSE a test and you HAVE TO UNDERSTAND!"
When I asked to speak with a commanding officer, a guy in a hat came in and yelled, "Ignorance of the law is no excuse! It's been explained to you!" and stormed off. When I explained that under severe stress, my prefrontal cortex shuts down and I can't think clearly, he ridiculed me and yelled, "I'm putting you down as refusing! You're losing your license for a year!" and stormed off. I'm clearly visible on the video BEGGING, PLEADING as I repeated five to ten times, "I wish to state for the record I am NOT refusing! Give me tests! Take my blood!" but no one cared.
Later, I blew in the tube and it was .000. I hadn't taken my Adderall for ADD in 18 hours, and hadn't taken diazepam in about 26 hours. I even got a hair follicle test to prove I don't use drugs.
None of this mattered. At the Motor Vehicle hearing, I brought my attorney, my boyfriend who I was following home that night, and
*the clerk from Fedex/Kinkos!* I brought the ROAD REPORT from the Department of Transportation! I broought the receipt for my crutches, the xray and hospital report, my PTSD test results, my medical records, the report showing I blew .000, and the Hearing Officer disregarded it all. He knew the officer was lying and said "he was the only credible witness."
He indicated I wasn't disabled because "I seemed intelligent and well-spoken." Like disabled people are supposed to be STUPID?
The Hearing Officer said, "You had slurred speech, bloodshot eyes, and you failed the voluntary roadside tests" and took my license for a year!
Someone PLEASE stop these people! They LIE!!!
If I had "slurred speech" how did the officer understand "prefrontal cortex?" How come the booking photo shows my eyes are white and clear? The officer put my eyes down as green even though my license says blue and they're obviously blue. He never even LOOKED at my eyes!
How can a lying officer who gets paid and promoted for writing tickets and making arrests be more believeable than the clerk from Fedex/Kinkos, who is a disinterested third party? How can the officer lie and say he could see lane markers when the Dept of Transportation report said "Snow" and they had sanding trucks out? I was going 35mph in a 75mph zone BECAUSE IT WAS SO SNOWY!
The courts, the DMV, and the comanding officers are all in on this.
It's unconstitutional. Imagine if there were quotas for murderers and I was wrongly accused of a capital offense because they tried to use the same trumped-up, subjective, cliche pretexts and lies to make their quotas:
"Well, she had shifty eyes, and when I asked her if she had done murder she said yes." Seems ridiculous, doesn't it?
It's like a game of "chicken." They make you spend tons of money on a lawyer, get ready for trial, and pressure you to plead to a DUAI even though you're innocent. No jury in the world would find someone guilty when there isn't one shred of objective evidence, so they try to suppress the objective exculpatory evidence. Even after you win at trial, you STILL don't get your license back from Motor Vehicle!!!
After the Hearing Officer finds you "guilty of refusing" you have to spend a ton of money on an appeal where the Dept. Of Revenue is represented by the ATTORNEY GENERAL! I found one case (Nancy Gallion) where she won her appeal, and the Dept of Revenue APPEALED!
Why were they so hell-bent on making sure she didn't get her license back? Could it be to maintain the status quo and make sure no precedents are set?
Something's fishy. And innocent people are being railroaded and made to go through hell.
If you would like more elaboration please fill free to email me anytime.
Sincerly Unbyast Reasearcher
Nick
http://duihelpdesk.info
They gave me 30 day suspension, 6 months restictive lisence and an IID. I have completed all classes, 6 months restriction and 6 month IID (pain in the butt....not to mention embarrassing).
Does anyone know if I have to do anything else? I have completed everything ordered, fine is current........
It's downright scary in a number of marinas watching the amount of alcohol consumed on boats.
Apparently harsh DUI laws are not too harsh for people who drink, become intoxicated, and then drive drunk like you did. Did you not learn your lesson after you got the first DUI? apparently you didn't! In your case those laws served their purpose. But don't assume that because you were dumb enough to drink, become drunk not once but twice, and then got behind the wheel of a vehicle that all people are likely to do the same. There are people (Most People) who are smart enough to go out, have fun, and in the process drink 2 or maybe even 3 drinks, remain under the the leagal limit of .08 and travel whereever they may wish to go, safely.
Did those harsh DUI laws stop you from causing an accident involving a vehicle that had a pregnant woman as a passenger? No they didn't you dumb ass! And to show how dumb you really are, it's obvious that when you caused the accident it was your second DUI, which is bound to happen with repeat asshole offenders such as yourself. I rest my case!!!!
BAUDDL – Brother Against Unconstitutional Drunk Driving Laws
Fatal accidents caused by drunk drivers are not as bad as people are lead to believe. If any occupant in either vehicle of a fatal accident has a .01 percent blood alcohol level the National Highway Traffic Safety Administration counts the accident as fatal caused by drunk driving.
US Citizens must realize that the whole DUI issue has spun so far out of control that all of our constitutional rights have been literally stripped away, slowly but surely. DUI started at .15, then .10, then .08, and now impaired to the slightest degree. Forced blood draws, driver's license suspended for 3 months immediately at the time the officer administers sobriety tests (1 year if you refuse to cooperate) whether you're later found not guilty or not. In Arizona you get hit with 2 dui's at the same time now: Impaired to the slightest degree, and a blood alcohol concentration level of .08, which is nothing but double jeopardy under the 5th amendment of the US Constitution, as these 2 offenses carry the exact same punishment. Forced blood draws clearly violates the search and seizure clause of the fourth amendment, and the 14th amendment of the constitution clearly states that No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law. How can they justify classifying DUI as .15, lowering it to .10, further lowering it to .08, and now impaired to the slightest degree? The fact that officers are no longer required to video record field sobriety tests or time spent in DUI vans or what happens at police stations after a DUI arrest is made clearly violates the due process clause of the 5th and 14th amendments.
Many people don't know how MADD was started. MADD was started in 1980 by a woman named Candy Lightner after a drunk driver drove up on the sidewalk and killed her daughter. She started MADD to deal with the issue of drunk driving. Miss Lightner resigned from MADD in 1985 after she saw how MADD changed after some money and power hungry individuals joined the organization. Here we are in 2009 and look how MADD, State legislatures, City Governments and Law Enforcement Agencies have all teamed up to destroy the rights and lives of innocent US Citizens of this great country.
Our Founding Fathers would truly be ashamed of America if they knew that DUI victims have fewer rights than bank robbers, murders, rapists, and child molesters. This is the kind of injustice the Founding Fathers attempted to prevent when the US Constitution was brought to life!
To contrast this DUI/DWI argument, I'll briefly give you a story example of... the Patriot Act.
So one day 9/11 occurred,... many died and many more left alive shattered and broken in spirit due to cowardly acts of violence done in by terrorists. The Americans whelped, cried aloud, and pleaded for some aide from their "trustworthy" government to do something about it! So to answer the pleas, our modern self-labeled democratic government decided to ensure the "safety" of Americans by establishing a new set of laws to protect and punish those whom have been "suspected" of terrorists activities. Thus the Patriot Act was created, enabled without any regard for the public opinions who had rally against it's establishment, and for years it served it's purpose profoundly. It's first targets of course were the many non and American men of Arabic and Muslim descent. Many of which as you know by now, have been detained due to "probable" cause to create terror, stripped of every human right(s), and sent to be water-boarded at the grand beach resort of Guantanamo Bay!
But wait... that was only it's pilot testing for this newly established law. So from that successful stint, our government decided it would benefit the U.S. even more if the act was to deviate it's influence to other "probable" targets. So they held a meeting and ideas just started flying all about the room! "How about war veterans? Surely we should get them first!" the politician asked. "Yes, they have military training and political influence that can make them potential terror candidates. We shou..." A general replied only to be interrupted. "No we tried that in Nam already." A judge exclaims. "Oh wait! I know! I know!" a corporate man yells. "We can just generate a blacklist of Americans whom we agreed as "probable" tour de force resistant against our greedy tyrannical practices! We practically have background records of every American!" And soon the whole room goes into an uproar yelling hoorah and YEAH! The politician finally calms them group down and gives a closing argument, "Okay, let's do that. Surely this will keep Americans safer and stop terrorists from trying to act up against the law!" So hence from that time, any person suspected of "probable" terror involvement regardless of age, sex, ethnicity, or substantial proof were detained and lived the rest of their life miserably. End...
In conclusion, most laws are enacted in regards towards benefiting our society, but it is our duty as citizens living under a democracy to check our government from time to time to ensure our own safety from any abuse of the law derived from them as well. Then again, your probably like many Americans out there who rather slave away under an upcoming Fascist state. Oh well... hope you enjoyed the story.
To contrast this DUI/DWI argument, I'll briefly give you a story example of... the Patriot Act.
So one day 9/11 occurred,... many died and many more left alive shattered and broken in spirit due to cowardly acts of violence done in by terrorists. The Americans whelped, cried aloud, and pleaded for some aide from their "trustworthy" government to do something about it! So to answer the pleas, our modern self-labeled democratic government decided to ensure the "safety" of Americans by establishing a new set of laws to protect and punish those whom have been "suspected" of terrorists activities. Thus the Patriot Act was created, enabled without any regard for the public opinions who had rally against it's establishment, and for years it served it's purpose profoundly. It's first targets of course were the many non and American men of Arabic and Muslim descent. Many of which as you know by now, have been detained due to "probable" cause to create terror, stripped of every human right(s), and sent to be water-boarded at the grand beach resort of Guantanamo Bay!
But wait... that was only it's pilot testing for this newly established law. So from that successful stint, our government decided it would benefit the U.S. even more if the act was to deviate it's influence to other "probable" targets. So they held a meeting and ideas just started flying all about the room! "How about war veterans? Surely we should get them first!" the politician asked. "Yes, they have military training and political influence that can make them potential terror candidates. We shou..." A general replied only to be interrupted. "No we tried that in Nam already." A judge exclaims. "Oh wait! I know! I know!" a corporate man yells. "We can just generate a blacklist of Americans whom we agreed as "probable" tour de force resistant against our greedy tyrannical practices! We practically have background records of every American!" And soon the whole room goes into an uproar yelling hoorah and YEAH! The politician finally calms them group down and gives a closing argument, "Okay, let's do that. Surely this will keep Americans safer and stop terrorists from trying to act up against the law!" So hence from that time, any person suspected of "probable" terror involvement regardless of age, sex, ethnicity, or substantial proof were detained and lived the rest of their life miserably. End...
In conclusion, most laws are enacted in regards towards benefiting our society, but it is our duty as citizens living under a democracy to check our government from time to time to ensure our own safety from any abuse of the law derived from them as well. Then again, your probably like many Americans out there who rather slave away under an upcoming Fascist state. Oh well... hope you enjoyed the story.
You are not even reading these blogs! You think your so perfect, I bet you have gone out to dinner and had a drink or two also..... Just because you haven't got caught you think your perfect! yes DRUNK driving is wrong and dangerous but we are saying YOU can get charged with DUI without being DRUNK.....I don't know anyone that is drunk off of one or two drinks, unless they are kids!
I did read on here one person talking about casual drinkers having to pay for alcoholics. Hate to burst your bubble, but a drunk person is still a drunk person whether they are an alcoholic or not. I think maybe we all forget one thing. Laws are designed to keep order. If we let everyone out there drive home drunk, even some of the people making comments against these laws might see themselves affected.
Simple solution: If you know the laws in your area, follow them. Your not special just because you think the law is unfair. You only start to think laws are unfair when they affect you in a negative manner. God forbid you lose a loved one to drunk driving because then all you have to relay on are these same dumb laws.
If we all keep our eyes out and report these people, the roads will be a safer place. Now we just need a site for those texting and senior offenders!
These conditions are considered socially acceptable, and anyone knocking off a few people because of them are automatically excused. I call bullshit!
Now before I get into the discussion of what happened in the DUI van I’d like to express my opinion on the rights of US citizens under the United States Constitution. The search and seizure clause under the fourth amendment has been destroyed. The due process clause of the 14th and 5th amendments have been destroyed, as the police no longer have to video record field sobriety tests or time spent in the DUI van. If the police officer says you failed the sobriety tests you have no proof to dispute this, whether it is true or not true. DUI laws have become so strict that the burden of the proof of innocence has been shifted from the state to the defendant. The definition of legally intoxicated started at .15, was lowered to .10, and now is currently at .08. How many people know that there is a DUI offense that states if you are impaired to the slightest degree you receive the same punishment as a DUI with a blood alcohol concentration level of .08 or higher? I didn’t know about this new law until I was charged with 2 dui offences in one shot (Can you say double jeopardy?). Impaired to the slightest degree means that you could have one sip of alcohol, get pulled over by a cop, take the field sobriety tests, and if the cop says you failed you could be charged with a DUI and be perfectly sober. Everyone would like to see individuals who choose to drink too much, become legally intoxicated, and for whatever reason think they can drive a vehicle safely, not be allowed to drive. But for the sake of everyone’s rights under the United States Constitution, US citizens should be free to travel anywhere they please, and do whatever they please as long as they don’t infringe on the life, liberty or property of another citizen. That being said, it is not against the law to drink, and then drive, but it’s against the law to drink, become legally intoxicated, and then drive. Perfectly innocent US citizens are being charged with DUI’s, not to protect the public from drunk drivers, but to generate as much revenue as possible for city governments and for Mothers Against Drunk Driving (MADD) and state legislatures to exercise power. Oh yeah, and MADD generates approximately 50 million dollars in donations, and pays out about 12 million dollars in salaries every year.
Ok, back to what happened when I was transported to the DUI van. I really didn’t want to let these people draw my blood, because I knew I wasn’t drunk or impaired to the slightest degree. I was in the DUI van with the officer who arrested me, and the officer who drew my blood. I was told that if I didn’t willingly allow my blood to be drawn, a search warrant would be faxed to a judge, who was on standby; the search warrant would be signed on the fly, and faxed back to the DUI van. This process takes less than 5 minutes. At that point the officers can call for backup, hold you down, taser you and do whatever they need to do to forcefully draw your blood to have it tested. This really seemed crazy and unconstitutional to me, but I have heard of people being killed by police when they don’t cooperate, and I really didn’t feel like dying that day, so I let them take my blood after they made it perfectly clear that I was not leaving that DUI van until my blood was drawn! I was also informed that if a search warrant had to be issued my driver’s license would be suspended for one year. I was later informed by the MVD that even if you refuse to submit to the field sobriety tests your driver’s license would be suspended for one year. The police officer informed me that I had the right to refuse before he started each of the field sobriety tests, but never mentioned that my driver’s license would be suspended for a whole year if I refused. I found out later that the breath test is inadmissible in court, and they were going to forcibly draw my blood anyway whether I submitted to the breath test or not.
I was treated so unfairly during the entire process that I decided to fight the 2 DUI offenses I was charged with, no matter what the consequences. At this point I didn’t care if I was given the death penalty. What I found to be really sad, is when I attended my first court appearance almost all the other individuals charged with DUI offenses pleaded guilty, because they thought they had no chance of receiving a fair trial, due to the DUI laws being so strict. Well, here are the 2 DUI offenses I was charged with:
Driving While Impaired to the Slightest Degree, A.R.S. §28-1381(A)(1)
It is unlawful to drive, or to be in actual physical control, of a vehicle while under the influence of any intoxication liquor, any drug, or any combination of liquor or drugs. It is not necessary to be “drunk.” The State is only required to prove that a person’s ability to operate their vehicle was impaired “to the slightest degree.”
Driving With an Blood Alcohol Concentration of .08% or Above, A.R.S. §28-1381(A)(2)
It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% [.04% if commercial vehicle, A.R.S. §28-1381(A) (4)] or higher within two hours of driving or being in actual physical control of a motor vehicle. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. Both of these offenses carry the exact same punishment.
The bad part regarding your driver’s license is that as soon as the officer decides to administer the field sobriety tests you are issued an Admin Per se, and your license is suspended for 3 months, no matter if you’re found not guilty, if you are brave enough to have a trial by jury.
I was found not guilty of both DUI offences after the evidence was heard by a jury of my peers. Although the officer lied multiple times while under oath, no video recordings of the field sobriety tests or time spent in the DUI van were available the jury still found me not guilty. One thing the judge continuously stressed to the jury is that it is not against the law to drink and then drive.
The DUI laws have been made so strict, and being impaired to the slightest degree does really mean that it is virtually against the law to drink and then drive! The public just hasn’t been informed of this yet.
No one thinks they're special if they think laws are unfair. It's a fact that DUI laws are not only unfair, but are also unconstitutional! Just because you choose not to drink alcohol when you go out to a restaurant, a bar, night club or where ever doesn't mean other people who choose to drink shouldn't have the right to do so if they choose to do that. As long as people who do choose to drink do not become intoxicated and don't infringe on the life liberty or property of any other US Citizen they shouldn't have to worry about power hungry cops arresting them, and people who think they're better than them such as yourself judging them. Police are employed to serve and protect, and to help preserve the constitutional rights of all US Citizens, not treat everyone as if we are guilty for just breathing the air that God created, and suspecting everyone of being a terrorist!
I hate to burst your bubble, but almost all sensible adult US Citizens are casual drinkers, and we know how to go out, socialize, have fun, have a few drinks, do whatever we please, and at the end of the night drive home with no problems what so ever! But due to organizations like MADD, dishonest politicians in state legislatures, dishonest and power hungry city governments and law enforcement agencies dui's have become very, very profitable. The average price to get a good lawyer to defend someone against dui convictions is approximately 15,000 dollars. After someone pays all the fines and attends all the alcohol counseling they could spend as much as 10,000 dollars plus the 15,000 they spend on a lwayer, could lose their current job, will lose their driver's license for a while, insurance goes through the roof, and could destroy future employment opportunities. Do you think all these fines and punishments are educating the public, and preventing DUI? You be the judge of that. I can tell you that enormous fines generate lots of revenue. Tell you something else, stricter DUI laws spreads a very wide net to cast into the sea of drivers, and many, many innocent US Citizens are becoming victims of DUI and at the time they're arrested are not even impaired to the slightest degree. For example, the definition of drunk driving started at a blood alcohol concentration level of 0.15, but enough people were not being convicted so they lowered it to 0.10. More people were being convicted, and the money and power got good, so it was lowered to 0.08. Since MADD is so angry, and has been able to exercise so much power over the people, and are so greedy they are foaming at the mouth. Throw in politicians who are very dishonest, and would do anything to be elected into office, power hungry law enforcement agencies, and you have a perfect storm of corruption. So now we are at the point to where there is a new law in Arizona, which states that if you are impaired to the slightest degree you are guilty of DUI. What is the definition of impaired to the slightest degree? I'll tell you what it means: It doesn't matter what your blood alcohol concentration level is, you could be charged with a DUI. What I'm trying to say is, MADD, State Legislatures, City Governments, and Law Enforcement Agencies are not interested in protecting the public from drunk drivers. They started out with honest hearts and minds, but somewhere along the line greed, power, and the desire to enslave the public became their objective. If you think I'm crazy wait until you or one of your loved ones is arrested by some power hungry cop, taken to a police station or DUI van and forced to have your blood drawn when you know you are innocent, and not in the least bit impaired to the slightest degree! All these unconstitutional laws are not protecting the public from drunk drivers and they never will. The truth is we will always have people who drink too much, become drunk and get behind the wheel of a vehicle and attempt to drive whether the DUI laws are harsh and unfair or fair and reasonable. Some people are just dumb and stubborn, and some are just downright malicious and evil. That's why we have jails to incarcerate people who are not fit to live in society. I say if someone has been convicted of DUI more than twice and goes out and causes a fatal accident while intoxicated they should be given a life sentence, because at this point they have become as bad as someone who commits premeditated murder. That's just my opinion.
I have no problem with someone who is truly driving intoxicated or under the influence of drugs being arrested for DWI/DUI. But if someone has had a few drinks and is not intoxicated No State shall make or enforce any law which finds them guilty of driving while impaired to the slightest degree! You see the laws have been adjusted to make innocent people guilty who are not drunk. How long will the public allow these power, and money hungry evil bastards to manipulate the law to rob us of our freedom, and infringe on our lives, liberty and property without due process before we stand up and say enough is enough!
I was not aware of how bad this situation has gotten until I was arrested and charged with 2 DUI’s at the same time. Although the DUI laws have been made so strict that the burden of the proof of innocence has been shifted from the State to the Defendant, I decided to fight these allegations and was found not guilty of both DUI offenses. I hope many people learn from my experience and avoid this unconstitutional DUI scam!
Thank you,
BAUDDL – Brother Against Unconstitutional Drunk Driving Laws
Is second amendment Right really an inalienable Right when the government eternally Debarred the “Right to keep and bear arms” based on one’s drinking and driving record of 3 DUI convictions? (Felony) A Victimless Crime & Void of any injured party.
What prevents the government from debarring the “second amendment right” based on acquiring 10 or more points on a driving record within a 10 year period as they have for acquiring 3 dui convictions in a 10 year period?
(Both being victimless crimes & void of an injured party)
How can law makers choose to remove the Second Amendment protected “Right” against drunk drivers rather than another Right such as free speech, religion, or to be secure in their homes, or better yet the actual “Privilege” (Not even a Right) of actually driving, which is utterly void of the demands and protection provisions of an inalienable Right? How can this be?
Driving under the influence of alcohol has absolutely no relationship with the second amendment protected “Right” of the people to keep and bear arms or to be secure in their homes regardless the number of DUI convictions.
"No free man shall ever be debarred the use of arms." - Thomas Jefferson
The government contends that a person’s driving record of 3 DUI convictions poses a risk factor to society and should thereby have their protected “Right” to keep and bear arms eternally Debarred void of restoration.
Shouldn’t the government First Debar (Remove) the drunk drivers “Privilege” (A Non Protected Right) of ever operating a motor vehicle void of all possibility for reinstatement before they even think of forever Debarring (Removing) the DUI drivers second amendment “Right” of owning or possessing a firearm void of possible reinstatement?
The government currently reinstates the drivers “Privilege” to operate a motor vehicle, yet eternally debars the drivers “Right” to ever own a firearm for the exact same drinking & driving offense. (HOW CAN THIS POSSIBLY BE AND WHERE IS THE REASONING?)
Drunk drivers kill thousands of motorists each year: Debarring the drunk drivers protected “Right” to keep and bear arms has not saved even one motorist or life. Yet the government allows for reinstatement of the driving “Privilege” (which is not even a “Right”) and does not have the protections of a “Right” (Again, How can this possibly be?)
In Fact, Debarring the “Privilege” to ever operate a motor vehicle will save countless lives and will not infringe upon the Constitutionally Protected God given inalienable “Rights” of any free man! Debarring the right to possess a firearm has not saved a single life and utterly tramples upon our inalienable God given & Constitutional rights of all free men!
THE ROOT AND PROBLEM vs. PRIVILEGE AND RIGHT: (RIGHT vs. PRIVILEGE DISTINCTION)
The driving “Privilege” is a “Privilege,” “and is NOT A RIGHT”: (It is utterly void of constitutional protection)
For convictions of 3rd DUI the driving “Privilege” is revoked for up to 5 years with time frame provision for full reinstatement of the driving Privilege unlike the current law which eternally bars the driver’s second amendment right to own a firearm.
The “Right” to Keep and Bear Arms, “IS A Right” and “is not a Privilege”: (HAS FULL CONSTITUTIONAL PROTECTION)
For convictions of 3rd DUI, this “RIGHT” to keep and bear arms is currently eternally Debarred void of time frame provision for reinstatement. The Right is forever and eternally lost; unlike the “Privilege” of driving which again, has a time frame provision for reinstatement. (SHOULDN’T THIS BE THE EXACT OPPOSITE?)
Regardless of one’s personal stand on drinking and driving, there should be a positive reinstatement provision for a guaranteed inalienable protected “Right” of the people to keep and bear arms as there is positive provision for reinstatement of a meager “Privilege of operating a motor vehicle for the exact same drinking & driving offense.
This usurpation of Right should unequivocally be overturned with this clear & sound reasoning since the initial core threat of drinking and driving has absolutely no relevance to keeping and bearing arms for hunting and home protection purposes just the same as it has no bearing on any of the other individually guaranteed & inalienable God given & Constitutional Rights …
Shouldn’t Constitutionally Protected Rights take front seat rather than back seat to a mere privilege?
VICTIMLESS CRIME & VOID OF INJURED PARTY
Current law Eternally Removes the “Right to keep and bear arms” based on a drinking and driving record of 3 DUI convictions when the Crime is victimless & Void of any injured party. (Cannot be restored)
INDIVIDUAL STATE LAWS
The states impose the felony laws for DUI 3rd, 4th, or even 5th offenses (Depending on state) however, it is the Federal Law of Title 18 922 that eternally cements and debars the individuals right to possess a firearm regardless if the firearm is for hunting, self-defense or for personal protection. (The federal government has enslaved the people for non-violent offenses)
"No free man shall ever be debarred the use of arms." - Thomas Jefferson
THE TRUTH
Regardless the number of DUI convictions, driving under the influence of alcohol has absolutely NO relationship with the second amendment protected “Right” of the people to keep and bear arms if there is no injured party.
The states “Including Michigan” contend that a person’s driving record of 3 DUI convictions poses a serious risk to society and should establish a “Felony” on there record that by federal nexus of Title 18 922 inherently & eternally removes the citizens “Right” to keep and bear arms for as long as that person shall live upon the face of this earth.
Shouldn’t the states and the federal government first eternally remove the drivers “Privilege” (A Non Protected Right) of operating a motor vehicle before eternally removing a “Protected Right” of the people to posses a firearm?
(Which removal would tend to actually save lives?)
Currently the states reinstate the citizens “Privilege” of operating a motor vehicle yet federal Title 18 922 (Felony Laws) eternally & forever block the citizens “RIGHT” from ever possessing a firearm for THE EXACT SAME DRINKING & DRIVING OFFENSE of DUI 3rd CONVICTIONS: DOES THIS MAKE SENSE?
Drunk drivers “KILL” thousands of motorists each year: Debarring the drunk drivers second amendment” Right” to keep and bear arms has not saved even one motorist or life, ever!
In Fact, Debarring the persons “Privilege” to ever operate a motor vehicle WOULD SAVE countless lives and WOULD NOT infringe upon the Constitutionally Protected God given inalienable “Right” of the people to bear arms!
THE ROOT AND PROBLEM vs. PRIVILEGE AND RIGHT:
The state “Privilege” of operating a motor vehicle is a mere “Privilege,” “and is NOT A RIGHT”: For DUI 3rd convictions the” Privilege” of driving has a time frame provision by the state for “Absolute & Full Reinstatement” to operate a motor vehicle on public roads.
The “Right” to Keep and Bear Arms, “IS A CONSTITUTIONAL RIGHT” and “is NOT just simply a mere Privilege”:
For DUI 3rd convictions this “RIGHT” to keep and bear arms is eternally and forever debarred void of time frame provision for reinstatement based on the federal law of Title 18 922. (THE STATES NEED TO ALLOW TIME FRAME REINSTATEMENT FOR DUI 3RD OFFENSES BY REMOVING THE FELONY)
Regardless of one’s personal & moral stand on drinking and driving, there should be a positive reinstatement provision for constitutional “Rights” of the people to keep and bear arms THE SAME as there is a TIME FRAME provision for reinstatement of a mere “Privilege for the EXACT SAME drinking & driving offense of DUI 3rd convictions especially when there is no injured party.
THE OPERATORS STATE “PRIVILEGE” TO OPERATE A MOTOR VEHICHLE IS TIME FRAME REISTATED: THE DRIVERS RIGHT TO POSESS A FIREARM SHOULD ALSO HAVE THIS EXACT SAME TIME FRAME FOR REINSTATMENT OF THEIR RIGHT, BASED ON THE EXACT SAME OFFENSE.
PLEASE CONTACT YOUR STATE SENATORS AND REPRESENTATIVES FOR TIME FRAME REINSTATEMENT
http://duihelpdesk.info





