Motorist Refuses to Show ID at DUI Checkpoint: Do You Have To?

a reply to: ladyteeny

That's what my hubby said too...

I was upset to see that the video had been taken down! If it gets put back up, I'll post it here.

a reply to: Jennyfrenzy

Driving is a right, not a privilege but are you guilty until proven innocent at these checkpoints.

No driving is not a right it is a privilege. Show where it says anything about a right to drive in the constitution.

a reply to: buster2010

Oopsy!! My bad! Fixed it, thanks.

I know it's a privilege not a right because I don't have a license. Human error.

originally posted by: buster2010
a reply to: Jennyfrenzy

Driving is a right, not a privilege but are you guilty until proven innocent at these checkpoints.

No driving is not a right it is a privilege. Show where it says anything about a right to drive in the constitution.

Actually, there is case law citing this very subject...

The right to travel...

CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.


CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.


CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.


CASE #4: "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

a reply to: GoOfYFoOt

Interesting! Glad I made that human error and learned about this information!! Pays to make mistakes sometimes!

Thanks

Buster is the only one close. It is the law of the land that
you possess a DL while opereating a motorvehicle. Because
it proves that you legally are capable to do so. They were
right way back in the day to make driving a privilidge and
not a right. So the officer asking for your DL wouldn't
be violating anyones rights. So being behind the wheel
gives the officer every right necessary to ask for your DL.
Get it? The officer never asks for your I.D. if you're behind
the wheel. He asks for your drivers license. So don't give
'em any more want to mace, club, taze or shoot are asses?
Now I see why their so pssed off all the time.

a reply to: Jennyfrenzy

i have been carded a few times simply because cops had nothing better to do. and yes i am sure of this because one time i was eating lunch in a park. i was completely unconnected to the men they were looking for and had given no cause to be suspected of illegal activity but was still asked for ID. another time I was hanging out in a park near the water because summer was in full swing and I love the water at night. unfortunately, it turns out the park i was in is technically closed after 11, although very few people pay attention since theres a boat launch and a bar nearby. i am convinced that the cops were trying to fill a quota or something. it pisses me off because i feel that if i am asked for ID without giving due cause, they are looking for something to pin on me. they want me to be guilty because it gives them something to do. at those times, i do not respect the police because they are wasting my tax dollars on innocent civilians, meaning myself. i do not pay taxes for you to hassle me during my lunch thanks.

but if you are willing to risk the jaws of the lion, then ask two simple questions: "am i being detained" "am I free to go" in that order. they cannot hold you, ID or no ID, if they are not detaining you. of course this can raise hackles on some officers and so its a risky move but could pay off if you have the nerves. most times its easier to just show ID because it means less trouble down the road if you run into them again. thats what I did, not wanting the local fuzz to turn it into a game to see if they can teach me who is boss.

How hard is it to whip out your DL? Be an adult about it.

originally posted by: Restricted
How hard is it to whip out your DL? Be an adult about it.

like i said, sometimes its offensive when you are asked for your ID. it is this close to being accused of something and everyone gets nervous when cops act like you are a potential suspect. the first step to being charged with BS is getting asked for your ID. just look at the videos and you'll see.

originally posted by: TzarChasm

originally posted by: Restricted
How hard is it to whip out your DL? Be an adult about it.

like i said, sometimes its offensive when you are asked for your ID. it is this close to being accused of something and everyone gets nervous when cops act like you are a potential suspect. the first step to being charged with BS is getting asked for your ID. just look at the videos and you'll see.

This is how a child thinks.

a reply to: TzarChasm

Thats the problem right here.

Its "offensive". That is ENTIRELY on you and in your mind. It could even be cultural.

You have to see it both ways or none at all. YOU think its being offensive and give it that much power over your actions. You react to it accordingly.

If you see the situation for what its worth, emotions aside since we ask complete professionalism with law enforcement, then we see that we too have to be as lenient and reasonable with cops on principle as we would ask them to be with us. We want law enforcement personnel to be professional but also human in the interpretation of the law over us. How is it out of the question for you to give the officer the same benefit of the doubt and consideration? I am telling you its completely different living.

Most of the times the world is not against us and the people before us that are confronting us about something were not sent by the world to mess wit us.

Just do what you know is right.

originally posted by: Restricted

originally posted by: TzarChasm

originally posted by: Restricted
How hard is it to whip out your DL? Be an adult about it.

like i said, sometimes its offensive when you are asked for your ID. it is this close to being accused of something and everyone gets nervous when cops act like you are a potential suspect. the first step to being charged with BS is getting asked for your ID. just look at the videos and you'll see.

This is how a child thinks.

i dont see how.

originally posted by: tadaman
a reply to: TzarChasm

Thats the problem right here.

Its offensive. That is ENTIRELY on you and in your mind.

You have to see it both ways or none at all. YOU think its being offensive and give it that much power over your actions. You react to it accordingly.

If you see the situation for what its worth, emotions aside since we ask complete profesionalism with law enforcement, then we see that we too have to be a little lenient and reasonable with cops on principle as we would ask them to be with us. We want to be professional but also human in the interpretation of the law over us. How is it out of the question for you to give the officer the same benefit of the doubt and consideration? I am telling you its completely different living.

Most of the times the world is not against us and the people before us that are confronting us on something were not sent by the world to mess wit us.

Just do what you know is right.

im reminded of a video i watched on harrassment, tada. you know what it said? harrassment is not a matter of intention. it is a matter of PERCEPTION. whether its in my mind is irrelevant. i am made uncomfortable and that makes it not okay. you dont fly off the handle and start making a fit about it, but you do make sure it is handled because no one deserves to be made uncomfortable unnecessarily.

but since its cops, that doesnt matter i guess.

a reply to: TzarChasm

well, I still think its all just people reacting to people. Many times we are projecting to the world who we think they are, and they are reacting to that while we do it. We are a mirror.

How can a police officer suspect you of driving under the influence if you're not driving erratically? Pulling people over to check ID in hopes of smelling alcohol on the breaths of drivers is against the Fourth Amendment to the U.S. Constitution. People have a right against unreasonable searches and seizures. There's no suspicion so they don't have a right to detain you, ask to search your car or give you a breath analyzer test. If you were driving the speed limit, staying in your lane, and following safe driving practices, what right do they have to pull you over?

Maybe they should spend all that police manpower to cruise the streets after hours and catch the real drunk drivers who are overly intoxicated and driving erratically who can become a danger to other drivers.

a reply to: Restricted

It isn't difficult at all to show ID, the question was in regards to the incident in the OP. Should drivers have to sow ID at DUI checkpoints because 33% of drivers with a suspended or revoked license have a criminal record and 85% of those drivers used their automobiles in the commission of a crime when you haven't done anything wrong or illegal?

I would show my ID and move along with the day, but should we have to.

a reply to: TzarChasm

No one can make you uncomfortable without you first believing it.

If you go into an encounter with the police with a negative mindset you'll get exactly what you thought you'd get.

The police have responsibilities they must meet. As a citizen, so do you.

originally posted by: tadaman
a reply to: TzarChasm

well, I still think its all just people reacting to people. Many times we are projecting to the world who we think they are, and they are reacting to that while we do it. We are a mirror.

yeah? and what exactly am i projecting to police officers on lunch break? or at 12:30 at night while messing with my phone by the lake? is this AMERICA or is it not? maybe freedom really is just a state of mind, huh?

a reply to: Jennyfrenzy

If you are "DRIVING" and show up at my checkpoint, refuse to show a Drivers License, I will arrest you for "Driving without a license", tow your car, take you to a judge, place you on bond and either let you call someone to pick you up or hold you in lieu of paying the bond..

Easy
Peasy

Semper

a reply to: WeRpeons

I would rather they get the drunks coming out of the bars than after they already hit something. There are people that can drive well while intoxicated or at least can drive in a straight line following blinking traffic lights telling them what to do. I want them caught too. Losing a family member or valued member of society because dumb asses need to drink and drive is awful. I am all for weekend speed traps and traffic stops.

Also I dont mind thinking that if my daughter goes out one day and gets drunk or drugged at the bar that she could be saved before she is raped by a nosey cop looking for drunks driving. Or what ever other awe-fullness that can be averted....