Morons and Driving Laws

[huntr1]

Since we are on the topic of morons driving on Maryland roads and the law, I thought you would like to see what it says on page 35 of the MD Driver's Ed manual...
B. Notice to Applicant – Implied Consent
In Maryland, any person who drives or attempts to drive a motor vehicle on a highway or on any private property used by the public in general, consents to take a test to determine alcohol concentration or a test to determine the concentration of a drug or controlled dangerous substance.
A police officer, who has reasonable grounds to believe that an individual is driving while impaired by drugs, alcohol, or a controlled substance, may
have a drug recognition expert request that person to submit to a blood test. A person may not be compelled to take a drug or alcohol test. However, if upon receipt of a certified statement from a police officer that a test was refused, the MVA will impose the suspension period for a test refusal. The MVA will suspend the license of any driver who submits to the test and is determined to have a test result of 0.08 percent alcohol concentration or higher.

In other words...When the cops in MD do a sobriety checkpoint, either do what they ask or get your license suspended.

 

[aps45819]

What's your point?

 

[Coventry17]

The Maryland Gestapo are allowed to get away with violating civil rights because, for too long, people have rolled over and allowed these freedoms to erode.

 

[huntr1]

What's your point?

I'm tired of the anti-cop morons and their "don't submit to cops at their power abusing illegal roadside checkpoints". Among other bullshit they post. The thread on how to make turns in the median is one. Keep right. Drive on the right side of the road. Medians are included in this. Entering the median? Keep right.

 

[Goldenhawk]

The Maryland Gestapo are allowed to get away with violating civil rights because, for too long, people have rolled over and allowed these freedoms to erode.

Well, that sure plays with the libertarian theme-o-the-day, but it's over the top. First, driving is not a constitutional right, it's a privilege. Along with the privilege are some requirements. Second, any officer who does what the law says is not abusing you or your rights; he is exercising his legally-delegated responsibilities to keep the rest of us safe. Don't like the law? Vote.

The BEST single way to get a cop to violate your rights is to get snippy with him. The VAST majority of cops are fair, decent individuals who are looking out for your safety and for their own. Get all up in his grill, expect things not to go well.

Yeah, there are times to resist, when you can safely and efficiently protest a clear violation of the constitution. But choose your battles wisely, or you'll be walking to work.

 

[RoseRed]

I'm tired of the anti-cop morons and their "don't submit to cops at their power abusing illegal roadside checkpoints". Among other bullshit they post. The thread on how to make turns in the median is one. Keep right. Drive on the right side of the road. Medians are included in this. Entering the median? Keep right.

What compelled you to start this thread?

 

[vraiblonde]

Well, that sure plays with the libertarian theme-o-the-day, but it's over the top. First, driving is not a constitutional right, it's a privilege. Along with the privilege are some requirements. Second, any officer who does what the law says is not abusing you or your rights; he is exercising his legally-delegated responsibilities to keep the rest of us safe. Don't like the law? Vote.

The BEST single way to get a cop to violate your rights is to get snippy with him. The VAST majority of cops are fair, decent individuals who are looking out for your safety and for their own. Get all up in his grill, expect things not to go well.

Yeah, there are times to resist, when you can safely and efficiently protest a clear violation of the constitution. But choose your battles wisely, or you'll be walking to work.

This post pretty much sums it up.

 

[SG_Player1974]

A police officer, who has reasonable grounds to believe that an individual is driving while impaired by drugs, alcohol, or a controlled substance, may
have a drug recognition expert request that person to submit to a blood test.

Correct me if I am wrong but....

Aren't the ''drug recognition experts" actually the police officers themselves? I have never seen a "drug recognition expert" sitting around at a DUI checkpoint waiting to be tagged into the mix and perform a drug recognition test.

Also... can't you refuse the breath-a-lizer and still offer to take the blood test? According to the rules above there is no specific mention of a breath test.

 

[xobxdoc]

I'm tired of the anti-cop morons and their "don't submit to cops at their power abusing illegal roadside checkpoints". Among other bullshit they post. The thread on how to make turns in the median is one. Keep right. Drive on the right side of the road. Medians are included in this. Entering the median? Keep right.

Wrong. Keep left in the median. If you stay right, all you do is prevent the people blocking your view as they sit in the left turn lane to enter the median from getting out of your way.

 

[bilbur]

Wrong. Keep left in the median. If you stay right, all you do is prevent the people blocking your view as they sit in the left turn lane to enter the median from getting out of your way.

Basically I am going to reiterate my last post in the other thread. If you were going straight through the median than would you go to the left than back into the right lane? For people that know how to use a median correctly there is no issue with going to the right side and the ones behind the first car know not to block the intersection and wait their turn.

 

[huntr1]

Also... can't you refuse the breath-a-lizer and still offer to take the blood test? According to the rules above there is no specific mention of a breath test.

Refuse a breathalizer and they suspend your license. Insist on a blood test and you will have to fight that one while your license is suspended for refusing the breathalizer. Reads to me that only the cops can make the call for a blood test.

 

[huntr1]

Wrong. Keep left in the median. If you stay right, all you do is prevent the people blocking your view as they sit in the left turn lane to enter the median from getting out of your way.

No.

 

[huntr1]

What compelled you to start this thread?

Median crossing thread, did a search and in the process found the language about the roadside sobriety tests.

 

[xobxdoc]

No.

Yes

 

[huntr1]

Wrong. Keep left in the median. If you stay right, all you do is prevent the people blocking your view as they sit in the left turn lane to enter the median from getting out of your way.

No.

Yes

No. Basic state law is "Keep Right". When you are in the median, you are to be to the right.

 

[Toxick]

Well, that sure plays with the libertarian theme-o-the-day

Don't conflate Libertarianism with Anarchy.


Thanks.

The VAST majority of cops are fair, decent individuals who are looking out for your safety and for their own.

Sure they are.

 

[Grumpy]

Refuse a breathalizer and they suspend your license. Insist on a blood test and you will have to fight that one while your license is suspended for refusing the breathalizer. Reads to me that only the cops can make the call for a blood test.

Wrong

 

[PsyOps]

Well, that sure plays with the libertarian theme-o-the-day, but it's over the top. First, driving is not a constitutional right, it's a privilege. Along with the privilege are some requirements. Second, any officer who does what the law says is not abusing you or your rights; he is exercising his legally-delegated responsibilities to keep the rest of us safe. Don't like the law? Vote.

The BEST single way to get a cop to violate your rights is to get snippy with him. The VAST majority of cops are fair, decent individuals who are looking out for your safety and for their own. Get all up in his grill, expect things not to go well.

Yeah, there are times to resist, when you can safely and efficiently protest a clear violation of the constitution. But choose your battles wisely, or you'll be walking to work.

I agree with all of this except for the "driving is not a constitutional right, it's a privilege". How did we conclude that driving is a privilege? Is it because it's not specifically enumerated in the constitution? The right to groceries isn't in the constitution either, but I'd bet you'd agree buying groceries is a right. The government cannot just arbitrarily deny you a driver's license. If you are a law-abiding, able person you can get a driver's license. We have decided we're comfortable with placing limitations on getting a driver's license; like taking a driving course and test; but as long as you pass these you get your license; it is your right to that license.

 

[xobxdoc]

No. Basic state law is "Keep Right". When you are in the median, you are to be to the right.

Do you have a link to that basic state law?

 

[Goldenhawk]

I agree with all of this except for the "driving is not a constitutional right, it's a privilege". How did we conclude that driving is a privilege? Is it because it's not specifically enumerated in the constitution? The right to groceries isn't in the constitution either, but I'd bet you'd agree buying groceries is a right. The government cannot just arbitrarily deny you a driver's license. If you are a law-abiding, able person you can get a driver's license. We have decided we're comfortable with placing limitations on getting a driver's license; like taking a driving course and test; but as long as you pass these you get your license; it is your right to that license.

If you want to use a different word than "privilege", fine, but the point is still valid: some things are basic human rights. Driving is not one of them. Our right to travel freely is clearly enumerated ("liberty" and "the pursuit of happiness"). HOW we travel is not enumerated.

Of course we have the right to buy groceries. But we do not have the right to go into any store without any limits at any time of the day, such as when the store is closed. Those limits are recognized and understood by most people. Most people would agree that the limits that exist benefit the entire culture, even if they inconvenience some individuals.

We as a culture have incrementally decided how the driving thing works best for everyone. One of those decisions was that a license was required. A subsequent one was drunk driving is illegal. A subsequent one was that upon suspicion of drunk driving, refusing a breathalyzer would result in the withdrawal of the license. None of those decisions violated the Constitution, which is where your rights are enumerated. That Constitution says that any rights not specifically granted to the Federal government are left to the states. This state decided some things about driving. Fair enough. We always have the liberty (right) to go somewhere else where such restrictions are not imposed (Montana for speed limits, for instance).