I agree that street racing should not be considered legal. However, I believe that there is no need to impose more legislation on the matter, as current laws are more than adequate for enforcement. Speeding and reckless driving laws already exist, and are enough to handle these situations. I dislike when new laws are passed when adequate laws alreadty exist. My annoyance was with making everything a felony. I'm sorry, but street racing (and especially watching it)isn't that bad. Watching street racing should just be a disorderly conduct citation. Any piling on of laws gives government greater opportunity to increase its power over the people.
On DUI/DWI, it's the fact that there does not even need to be proof that you broke any laws to be pulled over for a breathalyzer. I'd like to have a statute that at least requires proof that a police officer has reason to believe you are driving drunk before he pulls you over. Then, I believe you should have to fail a test which assesses your ability to drive. Then the evidence would go to a judge (night or day), who would issue an order authorizing the seizure of the bodily sample. If it was not possible to get the order in a timely manner, the sample cannot be tested until the order is given, or destroyed if not given in 24 hours. I think the requirement to provide a sample without an order is contrary to the 4th (illegal search and seizure) and 5th (providing testimony against yourself) amendments.
I have issues with how the Constitutionality of laws is determined. I believe it should have to fall within the enumerated powers of government to be Constitutional. The Supreme Court (determined by a Chief Justice who believed in a strong central government) decided otherwise, with inadequate recourse on the part of the people.
I believe both the law and the method of enforcement must be Constitutional, and my standards are different than the Supreme Court's, but more in line with the author's intent.
Sorry, but I think the level of attack we're putting against first time DWI offenders is excessive. Give them their one mistake (unless they hurt someone), then if they repeat within 10 years, throw the book at them.
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