DNA v. DUI Crimes Against Citizens' Rights & the Handicapped? by James Jaeger
Seizing a citizen's body (arresting them) on the grounds that s/he may be driving under the influence (DUI), is a violation of the Fourth Amendment and other aspects of the U.S. Constitution, the Fourth stating:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"The right of the people to be secure in their persons" ... "against unreasonable searches..." means that state does not have the right to invade your body, and under duress of threatened punishment, remove biology from the citizen in the form of blood, urine or breath.
Since all citizens are INNOCENT until PROVEN under the rules of due process, it is inconsistent to permit an officer of the law to justify his "field sobriety" inquisition as "reasonable" just because such officer smells alcohol or has a hunch that a citizen is "driving under the influence."
When citizens operate motor vehicles, they are usually under the influence of at least one or more of the following:
o SLEEP DEPRIVATION
o PHYSICAL PAIN
o EMOTIONAL DISTRESS
o PHARMACEUTICAL DRUGS
o ILLEGAL DRUGS
o DISTRACTION FROM PASSENGERS
o DISTRACTION FROM CELL PHONES
o DISTRACTION FROM CONFUSING TRAFFIC SIGNS
o DISTRACTION FROM EXCESSIVE TRAFFIC SIGNS
o IGNORANCE OF TRAFFIC LAWS
o THOUGHTS OTHER THAN DRIVING
Given the myriad of INFLUENCES citizens routinely DRIVE UNDER, officers could claim they have the a "reasonable" duty to stop and arrest every single citizen in the nation, including their fellow officers and superiors.
Clearly, the Fourth Amendment recognizes that such abuse could easily arise, and therefore it seeks stem such as soon as possible.
Stopping and or arresting a citizen on the charge of DUI is thus a violation of the Fourth Amendment. Unless such citizen has caused actual damage to person or property, in the eyes of the law they should be innocent and even have a RIGHT to operate a motor vehicle without government intervention, as will be discussed later.
Using the justification that DUI laws are attempting to prevent accidents on the highway is akin to preemptive warfare. They might kill you so you should kill them first. They might kill some one on the highway, so you should kill their driving "privileges" first.
Stopping, invading and arresting a citizen on the pretext that the state is PREVENTING an accident is just another attempt at pre-emptive warfare, but this time its on the citizen -- and it generates revenue for the state while doing little or nothing to actually prevent deaths or reform of the millions of "social drinkers" in the US.
According to the American Academy of Child & Adolescent Psychiatry, children of alcoholics are four times more likely to become alcoholics. And according to David Goldman, chief of the Laboratory of Neurogenetics at the National Institute on Alcohol Abuse and Alcoholism, "Different people have a different initial response to alcohol, also known as level of sensitivity. Some people are a 'cheap date' or 'cheap drunk,' if you will, they're tipsy after only one drink versus others who can 'drink you under the table' and are still standing and not very affected even after several drinks."
Given this, that it takes more alcohol to affect certain people, it is no wonder that there are any statistics that prove that alcoholics are LESS able to operate motor vehicles than the occasional social drinker. Thus the blood alcohol concentration (BAC) used to determine whether a citizen is legally DUI, is totally arbitrary. Not only is it influenced by gender, weight, body fat, and what, if anything, is in the stomach, but it's influenced by an person's genotype and multiple phenotypes. The genotype includes the range of possible traits that an individual can have, such as his or her POTENTIAL to become an alcoholic. On the other hand, the phenotype is what is manifest from that POTENTIAL. In other words, one citizen may have a greater potential to resist the affects of alcohol than another, thus the alcoholic may have MORE ability AND experience for operating a motor vehicle when drinking than the occasional drinker who does not manifest a phenotype of the "alcoholic."
Alcoholism, and the ability to drive under its influence, is a complex, genetically and environmentally influenced phenomena. A one-size-fits- all BAC or DUI law is thus totally arbitrary, thus totally invasive if not tyrannical. Given these realities, both the alcoholic and the occasional social drinker could be classified as handicapped: the alcoholic requiring great amounts of alcohol to lose control under the influence, thus becoming "addicted" in order to feel its affects, AND the social drinker (the "cheap date") who is genetically unable to metabolize little alcohol, and thus looses control of a motor vehicle with even one drink.
Combine these findings with the statistics promulgated in PhD-supervised drug therapies and state-authorized drivers classes, that 80% of DUI offenders will receive another DUI, it is clear that a significant amount, if not a majority of, DUI offenders will offend and thus get into trouble with the criminal legal system REPEATEDLY because they are physically handicapped, i.e., predisposed to alcohol abuse by reason of their DNA.
Given this, is it right for society to criminalize and incarcerate handicapped citizens under current draconian DUI laws, just because such citizens happen to be born with defective DNA? The current multi-billion dollar cottage industry that has emerged around the unconstitutional charge of DUI, is thus exploiting the handicapped while doing nothing to actually reduce fatal automobile accidents.
It's time citizens demand that the Bill of Rights be applied to:
o Rogue members of congress passing unconstitutional laws;
o Police officers seizing and violating citizens bodies;
o Judges using the emotional cries of Mothers Against Drunk Drivers to "justify" their punishments;
o Opportunistic DUI lawyers, DUI traffic classes, DUI group therapy sessions;
o Slave labor camps masquerading as "community service" recipients.
Further, since DUI is categorized as a criminal offence -- even though no crime has necessarily been committed -- requiring citizens to give officers potentially incriminating evidence (breath, blood or urine) in field sobriety tests, violates the citizens right to avoid self-incrimination. Since the citizen has the right to remain silent and have an attorney present, refusal of a field sobriety test and invasion of the citizens body for various chemicals based solely upon an officer's "reasonable" judgment that the citizen is DUI -- is a gross violation of the citizens constitutional rights. Thus either DUI laws must be de-criminalized, or the state must be forced to abandon its invasive and anti-Constitutional use of force to violate citizens Second Amendment Constitutional Rights by demanding biology.
OPERATING A MOTOR VEHICLE IS A RIGHT, NOT A PRIVILEGE. THE STATE HAS NO CONSTITUTIONAL RIGHT TO REGULATE ITS CITIZENS' MOBILITY, NO MATTER WHAT "JUSTIFICATIONS" IT ATTEMPTS TO USE.
CRIMINALIZING DUI, WHETHER FROM ALCOHOL OR A WHOLE HOST OF OTHER INFLUENCES, DOES NOT REDUCE ACCIDENTS OR FATALITIES, IT ONLY SUPPORTS THE MULTI-BILLION DOLLAR COTTAGE INDUSTRY KNOWN AS DUI.
PUNISHING ALCOHOLICS FOR DUI, WHILE ADVOCATING "RESPONSIBLE DRINKING" -- RATHER THAN COMPLETE ABSTINENCE -- IS NOTHING LESS THAN ABUSE AND EXPLOITATION OF THE HANDICAPPED.
When the state taxes the revenue generated from the sale of alcohol, it is in no position to ethically adjudicate proper sanctions on DUI. In fact, the state is not only a profit participant in the DUI business, but an abettor of crime against the handicapped when one considers that recidivism is significantly due to genetic factors. To wit:
The research literature on the treatment of alcoholism is largely silent on the specific treatment needs and most effective approaches for the subcategory of persons who enter the treatment system as a result of a court order following apprehension and/or conviction for DUI. It is unknown, for example, whether treatment programs found to have been effective with voluntary patients (e.g., cognitive behavioral therapy) also are effective with those ordered by the court to enter them.… Since recidivists tend to exhibit higher rates of alcoholism and more alcohol-related problems than first-time DUI offenders, treatment interventions in a criminal justice setting with the recidivist population also merit further examination.
Source: National Institute on Alcohol Abuse and Alcoholism National Highway Traffic Safety Administration, Department of Transportation Center for Substance Abuse Treatment, SAMHSA at http://grants.nih.gov/grants/guide/pa-files/PAS-99-023.html
It's time the laws of the state and nation be updated to respect the Constitutional rights of citizens and the handicapped. It's time more money is spent on education about the liabilities of alcohol and less on legal systems that condone "social drinking" in order to maintain the multi-billion dollar cottage industry of DUI and the alcohol-related tax revenues. It's time citizens are encouraged to STOP drinking alcohol altogether, rather than merely "drinking responsibly" and thus creating a massive base of drug-addicted citizens that the state, and all it's criminal abettors can exploit.
For more information on how the far Right and far Left are ignoring and violating the U.S. Constitution, see http://www.OriginalIntent.us.
01 January 2010
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