Title: Stopped at a DUI Checkpoint? What to Do... Source:
[None] URL Source:[None] Published:Nov 5, 2011 Author:- Post Date:2011-11-05 22:44:19 by Eric Stratton Keywords:None Views:296 Comments:18
His advice is reasonably sound. However, pleading the Fifth Amendment when asked if you have been drinking is likely to greatly increase the probability that the cops will insist on a blood alcohol test.
Under the implied consent law, refusing to submit to the blood alcohol test is a repudiation of the terms under which your driver's license was issued and thereby automatically revokes your license - even if you had not been drinking!
Frankly, if you've had a snootful I doubt you could remember all the instructions this guy gave you.
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha
And, it's a waste of time since you waived this option when you applied for a license.
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
When you sign for your license you are agreeing to adhere to the DMV or BMV rules.
EDIT: Let me add that application for a driver license is a private agreement with the Transportation Dept. (commercial)
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
The difficult thing for some to come to grips with is that there are no constitutional "rights" in commerce.
If you notice the language in a criminal complaint in every so-called STATE ... the violation is said to have occurred in "this state" ... "this state" is a fictitious commercial zone.
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
No judge is going to rule that you have no Constitutional rights
There's no end to the extremes the STATES will go to in order to keep the economic stream going.
It's really not unusual for a traffic judge to blurt out "don't bring the constitution up in my courtroom."
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
No judge is going to rule that you have no Constitutional rights by virtue of the fact that you have a driver's license. As to the LEOs, ... LOL, this is so far over their heads it's the equivalent to the U2 practically speaking. You'll blow their puny little minds by introducing stuff like this.
There is even case law that says you can't waive a right in order to obtain a privilege.
That being said, the law (Constitution) says that "NO STATE" can make anything payable for debt other than silver or gold coin, yet even though the traffic offense is a STATE violation the courts accept FRNs (commercial paper) in direct violation of the Constitution. [Which should notice the public that the court is not a Constitutional one.]
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
No judge is going to rule that you have no Constitutional rights by virtue of the fact that you have a driver's license.
This is known as "a presumption in law" until refuted. Most people in traffic court aren't even aware of the existence of presumptions in law.
"the man who puts all the guns and all the decision-making power into the hands of the central government and then says, “Limit yourself”; it is he who is truly the impractical utopian." Murray Rothbard
but nothing within their rules states you cant remain silent & refuse to answer questions. Despite shoonra's inference that they may use that silence to try & justify a mandatory test, that would not hold up as valid cause, or even reasonable suspicion.
"Even to the death fight for truth, and the LORD your God will battle for you".Sirach 4:28