This is the first I've heard of it, and would like to know exactly which counties are operating this way, and for how long?
It violates the basic premise of both the 4th:
http://en.wikipedia.org/wiki/Fourth_...s_Constitution
and 5th amendment:
http://en.wikipedia.org/wiki/Fifth_A...s_Constitution
against self incrimination and unlawful search & seizure.
Driving is a priviledge, one that can and will be revoked for non-compliance with the law (failure to submit to a lawful test...); however, I don't find anywhere in the statute, where having a judge on scene or otherwise, exempts law enforcement from the responsibility to act within the constitution!
If the suspected DUI driver were involved in a fatal or serious injury crash, then there is a provision for forced compliance by a qualified professional.
I suspect if they attempt to move forward with such chit in this county, they'll find themselves in the losing end of an expensive (read that taxpayer funded) lawsuit(s).
I also expect to see cases either dismissed prior to trial by another judge (one with some fecking sense!) or overturned on appeal at a higher level.
As others have said, I'm all for DUI enforcement.
Hell, I'm all for devised installed in cars that identify the driver and restrict your ability to start the vehicle above a certain BAC.
But I'm NOT willing to throw aside my constitutional right, for ANY reason, in tha name of safety or security....and for the record, I've been the VICTIM of a drunk driver caused crash.
The courts have once again overstepped thier authority (IMO) and when identified, the judges involved should be protested and as citizens, we should campaign to have them removed from office.
If the Sheriff or Chief of Police condone this blatant act of impropiety, then we as citizens, have a constitutional responsibility to work diligently to see that they have the ability to draw thier unemployment come next election if not sooner.
In the case of a Chief, the Mayor needs to go!
...just my humble opinion of course
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