About two years ago a judge/lawyer friend of mine told me that if I'm pulled over after drinking and driving, all the evidence they have against me is what I have given them. That is the smell test, balance test, eye coordination test, breathalizer test, etc. In Missouri we have what's called implied consent: When you get your license it is assumed by the state that you have consented to a drunk test - if you 'refuse' to take the test then your license can be yanked right there for up to a year.
It is assumed by the state that you have consented to a sobriety test because when you get your drivers license, you choose to consent. Because when someone signs something that says "I consent to a sobriety test by signing for this license", it would seem to me that the person, if he is an honest, principled person, should allow a sobriety test. If they do not want to consent to a sobriety test, they should not sign a piece of paper that says that they do.
So I began carrying a small piece of paper that I give the officer that pulls me over - for whatever reason - that states the following:
"As an American Citizen, I have the right to remain silent. Please don't take this personal; it's merely an exercise of my rights. I also reserve the right against self-incrimination and request my lawyer(s) be present for any questioning. My attorneys are (Lawyer Name) and/or (Lawyer Name) at xxx.xxx.xxxx. If I am out of the state of Missouri, I hereby request a directory of local attorneys to choose counsel."
Since I started keeping that little sweetie in my pocket I've used it each time I'm pulled over - which around here and given that I'm a bit of a hell-raiser amounted to 5 or 6 times. Each time, the officer took the paper and license from me, went back to his car, came back angry and told me to go away. One time I was in a motorcycle accident and had a lady on the back. We'd both had a few, but weren't really intoxicated however we still smelled of beer. We were both transported to ER and while I was being administered to the officer went through my wallet - finding the little piece of paper on top of my license. He couldn't question me or obtain evidence so he gave me a ticket for not having my insurance ID in my wallet and told me, "This is your lucky day".
Actually, my lucky day was when I made that little card up and began carrying it. It also must work for speeding and firing a handgun within the city limits, cuz the same thing happened.
So, within a period of two years, this guy may have been pulled over for drunk driving, has gotten pulled over five or six times for unknown other reasons, got into a wreck while intoxicated, shoots his gun around town, and tries to antogonize cops. This is a guy we should listen to.
I do not advocate anyone breaking the law but I don't believe in the so called "implied consent" laws or that driving is a privilege.'
There was no implied consent. There was
explicit consent. He
signed a piece of paper consenting to a sobriety test as a condition of taking the drivers license.
As for driving being a privilege, I believe one should be able to drive on a road that he or she pays taxes on without permission. Perhaps this person should compaign for his representatives in his state legislature to not require drivers licenses. Or maybe he can raise money to build his own private road ---- which, by the way, no one is prevented from doing.
Maybe he can't raise money to build he own private road or can't convince his neighbors and local and state representatives to get rid of drivers licenses because he's too busy getting drunk and driving around with a gun, starting shit with cops.