Driving Is A Right – Not A Privilege!
Have you ever been told that “driving is a privilege?” Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.
Because the human rights of freedom of movement, right to earn a living and the right to peaceably [Read the full post. . .]
We are often asked how the arresting officer is authorized to take a persons’ license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important [Read the full post. . .]
Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.
In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn [Read the full post. . .]
Annie’s Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee. The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.
The bill faced opposition from the [Read the full post. . .]