8 Responses to “Self-Promotion”

1. #1 |  Evan Williams |  July 27th, 2004 at 12:41 pm

   Thank you, Balko. Great piece, all-around. One omission, especially given when you hail from, was Virginia’s new big long list of evil DUI laws. Some horrible ones include automatically charging repeat offenders with a misdemeanor for refusing the breathalyzer; Law enforcement can arrest an individual involved in a motor vehicle crash within three hours of the crash, without a warrant and at any location if the officer has probable cause to suspect the person was driving while intoxicated; No bail for repeat DUI offenders with three prior convictions within the past five years; DUI offenders convicted of a third or subsequent DUI offense within ten years are subject to forfeiture of the vehicle that they operated at the time of the offense if the vehicle is owned solely by the offender.

   Ugh, most of them are just as bad.

   Also, this Washington Post article, chronicling the horrible effects DUI convictions have on families and lives, was sad and scary. A woman has one drink, drives her decidedly more drunk friends home, runs a yellow light, and ends up in prison.

      +0
2. #2 |  roach |  July 27th, 2004 at 3:58 pm

   In your article you say the following:

   In the 1990 case Michigan v. Sitz, the U.S. Supreme Court ruled that the magnitude of the drunken driving problem outweighed the “slight” intrusion into motorists’ protections against unreasonable search effected by roadblock sobriety checkpoints. Writing for the majority, Chief Justice Rehnquist ruled that the 25,000 roadway deaths due to alcohol were reason enough to set aside the Fourth Amendment.

   You are misciting this case. The case does not allow a search but a uniform stop. A full search is only allowed if the brief, random, but uniform stop creates probable cause. Since Terry v. Ohio, the Court has permitted brief, investigatory stops to figure out if probable cause to make an arrest exist.

   It is also not clear why this case violates the 4th Amendment. The amendment protects us from unreasonable searches and seizures, not all searches and seizures. Thus, the test inherently invites balancing tests by the courts.

      +0
3. #3 |  james |  July 28th, 2004 at 3:41 am

   “In 2002, the Supreme Court of Wisconsin ruled that police officers could forcibly extract blood from anyone suspected of drunk driving.”

   This just sounds scary.

      +0
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