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It's illegal because people have been brainwashed to think that every single time you drive drunk, you're gonna kill a toddler.
If what you are saying is true,age also impedes your reaction time and thinking,as well as motor skills,making it extremely dangerous to operate a motor vehicle.Shouldnt a law be proposed to stop drivers over 60 from being on the road.
Originally posted by phishyblankwaters
reply to post by Awolscout
Are DWI's and DUI's even a crime?
Yes, they are a crime because it was determined that alcohol and drugs impede your reaction time and thinking, as well as motor skills, making is extremely dangerous to operate a vehicle. As such, laws we written to make it illegal to drive a vehicle while under the influence of these substances ('m not sure if there is a default over the limit number or if it varies by location)
Just because you don't agree with it doesn't negate the fact that those laws are on the books.
Now, if you are saying the person gets charged with vehicular manslaughter or something that could come about from driving drunk, before it happens, it's precrime.
But while a law is on the books, it's not pre-crime, it's a law, follow it.
Those who have the right to do something cannot be licensed for what they already have the right to do as such license would be meaningless. City of Chicago v Collins (19__) 51 NE 907, 910.
Also, those things which are considered as inalienable rights, which all Americans possess, cannot be licensed since those are not held to be a privilege.
The right to freedom of speech, freedom of the press, freedom of assembly, and freedom of religious worship are not privileges. Douglas v City of Jeannette 130 F 2nd 652, 655.
A license bypasses a legal barrier or makes an otherwise unlawful act lawful. The nature of a license allows the licensee to do something he could not otherwise legally do. Thus, a license gives the licensee the right to do something that would otherwise be illegal or unlawful for him to do.
A license is a mere permit to do something that without it would be unlawful. Littleton v Burgess, 82 P 864, 866, 14 Wyo 173.
A license is a right granted by some competent authority to do an act which, without such license, would be illegal. Beard v City of Atlanta (__) 86 SE 2nd 672, 676; 91 Ga. App. 584.
"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.
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct." [emphasis added] II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.
"Personal liberty -- consists of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due process of law." 1 Blackstone's Commentary 134; Hare, Constitution__.777; Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed.
Ive got some bad news for you, driving is a right not a privelage. Let's see what our friends at the supreme court say about that....
However by voluntarily signing up for a drivers license you are signing a contract that makes you liable for the laws in which you speak of. Now I don't believe that drunk driving is a good thing to do by any means but at the same time charging someone for a crime that has no victim is a direct violation of rights unless that person has signed a contract which obligates them to follow certain terms & conditions of said contract.
Originally posted by truthseeker84
My friend got a DUI a few months back.
It was his very first offense.
He paid, total, including court fees, roughly $4500 or $5000 for the mistake.
His driver license was revoked and gotten a temporary license where he could only drive on certain routes.
He had to install a breath tester in his car. If he drinks, the machine immobilizes the vehicle. Apparently, California has new code where even if it's your first offense, you still need to install the breather.
It was the most ridiculous fines and penalties I've seen in a while.
He was quite drunk, I mean, I think in SoCal the limit is 0.08% and he was tested as 0.12% lol... so yeah he was kind of #ed up.
But still, it was like, unbelievable to me. I mean ... first offense...
Originally posted by Chadwickus
reply to post by xSe7eNx
motor vehicle means a vehicle that is used or intended to be used on a highway
and that is built to be propelled by a motor that forms part of the vehicle
but does not include-
(a) a vehicle intended to be used on a railway or tramway; or
(b) a motorised wheel-chair capable of a speed of not more than 10
kilometres per hour which is used solely for the conveyance of an
injured or disabled person; or
(c) a vehicle that is not a motor vehicle by virtue of a declaration under
subsection (2)(b); municipal council has the same meaning as Council
has in the Local Government Act 1989; night means the period between
sunset on one day and sunrise on the next day;
vehicle means a conveyance that is designed to be propelled or drawn by any
means, whether or not capable of being so propelled or drawn, and includes
bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion
vehicle but does not include railway locomotive or railway rolling stock;
vehicle identification number, in relation to a motor vehicle, means the 17
character alpha-numeric identifier-