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wmw999

Which is more important -- my rights, or your safety?

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>I am unfamiliar with the " it increases the odds" legal doctrine. Please elaborate.

A drunk driver is not guaranteed to harm anyone. However, driving drunk increases the odds that a driver will harm others. Hence it is illegal - even though when a drunk driver is pulled over he may not have harmed anyone.



Yes, but you don't take away his right to drive until he has been pulled over and found to have broken the law. Similarly, you can't take away a person's right to bear arms until you find that he has broken the law in some way.
If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

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>I think a more apt analogy would be that a driver is not guaranteed to harm anyone,
>but the odds of him of hitting someone with a car is greater that the odds of a non
>driver hitting someone.

Correct! Which is why it is not illegal to sit on your porch and drink. It is slightly illegal to walk around drunk (very rarely enforced even when such laws are on the books) and very illegal to drive drunk.

Are the people different? No. Is their capacity to cause harm different? Very much so. Which is why cars are regulated far more strictly than sneakers.



How are cars regulated? Is there a horsepower limit? (magazine capacity) is there a limit to the speed that a car can attain? (semi auto) Are there regulations to hood scoops, spoilers, fender flairs, large rims, etc.? (pistol grip, collapsible stock, flash suppressors) Or do we rightly place laws on how they are used?

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>Yes, but you don't take away his right to drive until he has been pulled over and
>found to have broken the law.

?? As I am sure you are aware, people do not get the right to drive until they have taken (and passed) a test - and even then they are only licensed for certain kinds of vehicles. However, I agree that once granted the right is not revoked until they break a law.

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>How are cars regulated? Is there a horsepower limit? (magazine capacity) is there a
>limit to the speed that a car can attain? (semi auto)

There are indeed limits! Brakes are required so the driver can stop the car (requirements for trigger locks, safeties etc.) The NHTSA has announced new regulations for fender and bumper designs so they do not transfer too much energy to pedestrians in a crash (limit on magazine size/muzzle energy.)

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Are there regulations to hood scoops, spoilers, fender flairs, large rims, etc.?



Yes, when those items affect the safety of the car or present a hazard to others. Darkly tinted windows and glasspack mufflers come to mind.

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But unlike cars, firearms are a constituninaly guarenteed right.

And living in a college town I can assure you that walking around drunk is a frequently inforced statute.



These little college towns suckering in out of state students with an agressive Walking while drunk statutes is so pathetic. Kids said they wouldn't get in the car because the driver had been drinking but while walking back to the dorm get busted. 10 kids. Cost us $1000 for some crummy lawyer to get the charges dropped on our kid. OH we can handle it lawyer said, and we only handled one semester and he was out of that state.... Lawyer industry.

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.

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>How are cars regulated? Is there a horsepower limit? (magazine capacity) is there a
>limit to the speed that a car can attain? (semi auto)

There are indeed limits! Brakes are required so the driver can stop the car (requirements for trigger locks, safeties etc.) The NHTSA has announced new regulations for fender and bumper designs so they do not transfer too much energy to pedestrians in a crash (limit on magazine size/muzzle energy.)

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Are there regulations to hood scoops, spoilers, fender flairs, large rims, etc.?



Yes, when those items affect the safety of the car or present a hazard to others. Darkly tinted windows and glasspack mufflers come to mind.



others. Darkly tinted windows and glass pack mufflers come to mind.



Just how many people have been killed by tinted windows and glass packed mufflers?

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>Darkly tinted windows and glasspack mufflers come to mind

I'm pretty sure dark window tint is legal in some states like nevada,and if it is not legal,they do not ticket you for it.
I lived in vegas for over 4 years and had tint so dark you could not see inside.
I recieved speeding tickets in this car and never once was the tint even mentioned by the officers. It seems if it were such a safety issue they would have said something eh?
Glasspack mufflers are more of a loud noise nuisance law rather than safety.
Hell, it would seem that loud exhaust would tend to make you more noticeable and therefore more safe if anything.
Loud music in the car on the other hand is a safety issue because you might not hear emergency vehicles sirens,or someones car horn,but I have never known glasspacks to be so loud as to drown out a siren on any streetable car.
But then the most I've ever pushed at the wheels is 425 HP and it was loud but not louder than the police siren.

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I was commenting on the fact that you said that "that right doesn't infringe on your safety". I gave you several examples where it did, and you changed the subject.


-------------------------------------------------

Well Stumpy, what you listed, and all the similar examples listed by others (Quade, BillVon, etc) have no bearing whatsoever on rights. They DO have everything to do with idiots doing stupid stuff.

It's not unexpected that 'Mericans have turned to selfish definitions for "rights".

We simply do not have the right to prevent people from doing stupid stuff. All we can do is make laws that address the problems after the fact.

But then, we are being over-run with people who will eventually disembowel the Bill of Rights and we''ll ALL be screwed by whoever has "the power" at the time.

People seem tho think that you do not have the "right" to do anything that adversely affects them. That's the selfishness. It doesn't work that way. Don't think so? Ask yourself, "How many of the things I do during a normal day could possible adversely affect someone." How would you like living day to day being prevented from doing those things?


And please, guys get away from the individual examples and think in broader terms. Individual examples lead nowhere because for every one you come up with, somebody can come up with their own that counters.
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.



Funny how many times people think driving is a right. Just like so many other activities. That thinking is a disease that cannot be cured.
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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>I'm pretty sure dark window tint is legal in some states like nevada

In Nevada, tinting cannot go below the AS-1 mark on the windshield. Tint must pass 35% of light.

>I recieved speeding tickets in this car and never once was the tint even mentioned by the officers.

Lucky guy.

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.



Funny how many times people think driving is a right. Just like so many other activities. That thinking is a disease that cannot be cured.



Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.



Funny how many times people think driving is a right. Just like so many other activities. That thinking is a disease that cannot be cured.



Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



Not all rights are explicitly listed in the Constitution (as amended).
...

The only sure way to survive a canopy collision is not to have one.

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In some states even side windows can't have dark tint.
Washington state is one of those states.
I think it is more about the cops being able to see illegal activity in the car while they pull along side on the highway.
If a violent criminal is hiding a gun ready to fire behind their leg or jacket,lack of tint is not going to be as much of an issue since they will most likely wait until the cop gets up to a side window,at which time the perp could bring the gun up and shoot through an open window or through the door itself for that matter and the officer would be unaware of the gun until the first shot,tint or no tint.

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Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



As a non-American that was something I have been wondering about - my question being is that not what the 9th Amendment is for?

My thinking is the right to travel freely must be one of the lynchpins of a free society, in the modern world cars are the primary means of transport, therefore driving (as you say, subject to reasonable licencing) should be viewed as a right.
Do you want to have an ideagasm?

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.



Funny how many times people think driving is a right. Just like so many other activities. That thinking is a disease that cannot be cured.




Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



Not all rights are explicitly listed in the Constitution (as amended).

\

Rights are not explicitly listed in the Constitution, limits to government are explicitly listed.

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>As I am sure you are aware,people do not get the right to drive until they have taken (and passed) a test

Driving is not a right. It is a privilege that is given to those who have earned it.
I could be wrong,but even at the state level,I do not believe it is a constitutional right.



Funny how many times people think driving is a right. Just like so many other activities. That thinking is a disease that cannot be cured.



Exactly. Hence the whole false belief that you HAVE to buy auto insurance. The Gubment requires you to.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



As a non-American that was something I have been wondering about - my question being is that not what the 9th Amendment is for?

My thinking is the right to travel freely must be one of the lynchpins of a free society, in the modern world cars are the primary means of transport, therefore driving (as you say, subject to reasonable licencing) should be viewed as a right.



You should come to texas. If you dont have a car here you'll be walking for quite some time.

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Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



As a non-American that was something I have been wondering about - my question being is that not what the 9th Amendment is for?

My thinking is the right to travel freely must be one of the lynchpins of a free society, in the modern world cars are the primary means of transport, therefore driving (as you say, subject to reasonable licencing) should be viewed as a right.



You should come to texas. If you dont have a car here you'll be walking for quite some time.



Of course, the downside to that is having to be surrounded by Texans.
...

The only sure way to survive a canopy collision is not to have one.

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Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



As a non-American that was something I have been wondering about - my question being is that not what the 9th Amendment is for?

My thinking is the right to travel freely must be one of the lynchpins of a free society, in the modern world cars are the primary means of transport, therefore driving (as you say, subject to reasonable licencing) should be viewed as a right.



You should come to texas. If you dont have a car here you'll be walking for quite some time.



Of course, the downside to that is having to be surrounded by Texans.



Yeah, or the thugs in Chicago.

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Interesting side-story on that very point. A few years ago I represented someone who was appealing the state govt's denial of her request to be exempt from having her photograph on her driver's license on religious grounds. We ultimately lost; but in the course of doing all the legal research for the appellate briefs - and I did a pretty exhaustive, nation-wide search for applicable cases - I did find that there is a small, but growing, minority of judges who find that view to be obsolete, feeling that driving a car in modern American society is such a necessity that in certain instances - subject to reasonable licensing, safety, etc. - it should be accorded nearly as much deference as a right. As I said, it's a minority view, but it is out there, embodied in some rather respectably-written modern court opinions.



As a non-American that was something I have been wondering about - my question being is that not what the 9th Amendment is for?

My thinking is the right to travel freely must be one of the lynchpins of a free society, in the modern world cars are the primary means of transport, therefore driving (as you say, subject to reasonable licencing) should be viewed as a right.



You should come to texas. If you dont have a car here you'll be walking for quite some time.



Of course, the downside to that is having to be surrounded by Texans.



Which of course includes libs like wendy. I'm sure she appreciates your insults.

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