Da'Shawn Hand arrested for DUI

#226
#226
Behr said:
I still haven't figured out how rape is involved.
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Rape is sex without consent.

At checkpoints they are essentially claiming you consented to the checkpoint because it was posted ahead of time. If not for that, checkpoints would be unconstitutional.

It would be like posting "I will rape anyone is at Neyland tonight after 10" and then claiming anyone who showed up actually consented to sex with you. It's still rape. Just like checkpoints are still a violation of the fourth amendment.
 
#227
#227
Vol8188 said:
When have I claimed implied consent didn't exist? I just think it's bull****. Like when they claim you consent to checkpoints because they're posted ahead of time.
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Courts disagree with you over and over and over. You consent to implied consent as a condition of the privilege to lawfully drive on streets, has nothing to do with any police action.
 
#228
#228
volfannbama said:
They will be in jail for a short time regardless. You know as well as i that thr decision to arrest is made well before the dragear.
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No doubt about that, initially. But a first offense in TN carries a mandatory 48 hours incarceration. People would rather have their license suspended than go back for more time and have a conviction.
 
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#229
#229
Vol8188 said:
Rape is sex without consent.

At checkpoints they are essentially claiming you consented to the checkpoint because it was posted ahead of time. If not for that, checkpoints would be unconstitutional.

It would be like posting "I will rape anyone is at Neyland tonight after 10" and then claiming anyone who showed up actually consented to sex with you. It's still rape. Just like checkpoints are still a violation of the fourth amendment.
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That's not implied consent. A driver's license is a privilege and not a right. By having a privilege to drive, the law is that you have consented to testing if requested. The key is that 99% of the time an officer has to have probable cause to request the test. They can't just go around requesting it for no reason. The other 1% is something such as a checkpoint. The courts have upheld these as brief encounters to protect the community as long as they follow proper protocol. They are only done at hours of the day when drinking is prevalent. Consent has to do with your license; not a checkpoint.
 
#230
#230
Vol8188 said:
Rape is sex without consent.

At checkpoints they are essentially claiming you consented to the checkpoint because it was posted ahead of time. If not for that, checkpoints would be unconstitutional.

It would be like posting "I will rape anyone is at Neyland tonight after 10" and then claiming anyone who showed up actually consented to sex with you. It's still rape. Just like checkpoints are still a violation of the fourth amendment.
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Yea, never mind.
 
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#231
#231
Vol8188 said:
Rape is sex without consent.

At checkpoints they are essentially claiming you consented to the checkpoint because it was posted ahead of time. If not for that, checkpoints would be unconstitutional.

It would be like posting "I will rape anyone is at Neyland tonight after 10" and then claiming anyone who showed up actually consented to sex with you. It's still rape. Just like checkpoints are still a violation of the fourth amendment.
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No sir, you consent to checkpoints and implied consent when you get a drivers license and are granted the privelge of driving upon a roadway.
Driving on the roadway is not a right its a privilege, having sex with someone is neither a right or a privilege, its a crime and your analogy is stupid, for lack of a better word.

I agree that there are numerous stupid laws that i am 100% against enforcing such as helmet laws on motorcycles, seatbelts for anyone over age 18, window tint laws, stops signs at anything other than 4 way stops just to name a few. Im also 100% for legalizing marijuana, all for open carry firearms and many other civil liberties. But implied consent is a good law and checkpoints, if limited in scope, are good as well. But one might argue they really are not effective as targeted patrol.
 
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#232
#232
VolGee4 said:
No doubt about that, initially. But a first offense in TN carries a mandatory 48 hours incarceration. People would rather have their license suspended than go back for more time and have a conviction.
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Yeah, Alabama is a bit different. Our DUI carry PBT which are not admissible, but are great roadside detectors and are much quicker than dragear.
 
#234
#234
volfannbama said:
No sir, you consent to checkpoints and implied consent when you get a drivers license and are granted the privelge of driving upon a roadway.
Driving on the roadway is not a right its a privilege, having sex with someone is neither a right or a privilege, its a crime and your analogy is stupid, for lack of a better word.

I agree that there are numerous stupid laws that i am 100% against enforcing such as helmet laws on motorcycles, seatbelts for anyone over age 18, window tint laws, stops signs at anything other than 4 way stops just to name a few. Im also 100% for legalizing marijuana, all for open carry firearms and many other civil liberties. But implied consent is a good law and checkpoints, if limited in scope, are good as well. But one might argue they really are not effective as targeted patrol.
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If you were right, and you consent to checkpoints by driving, then the Supreme Court would not have ruled that you have to post checkpoints ahead of time. Nor would they have standards for when a person may be pulled over. Its called the fourth amendment, you should read about it sometime
 
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#235
#235
Vol8188 said:
If you were right, and you consent to checkpoints by driving, then the Supreme Court would not have ruled that you have to post checkpoints ahead of time. Nor would they have standards for when a person may be pulled over. Its called the fourth amendment, you should read about it sometime
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I have plenty of times and like i said, the courts have disagreed with you time and time again.
 
#236
#236
volfannbama said:
I have plenty of times and like i said, the courts have disagreed with you time and time again.
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Lol what? I just repeated to you what the courts have said. Checkpoints are only valid if posted ahead of time and any other time you must have a reason to pull a person over.
 
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#237
#237
Vol8188 said:
Lol what? I just repeated to you what the courts have said. Checkpoints are only valid if posted ahead of time and any other time you must have a reason to pull a person over.
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So like everything else, if done properly, they are legal.
 
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