Some police agencies in Georgia are mocking the concept of “implied consent” when it comes to drivers who refuse to submit to alcohol testing after being detained for possible DUI. The premise of implied consent in the case of an alleged DUI is that if you have only been stopped by the cop on suspicion of meeting the minimum state-specific BAL, you still enjoy the right to refuse unreasonable search and seizure, which in such situations, involves submitting to intimately physically intrusive measures whose intent it is to acquire a blood sample in order to determine your BAL at the time you were driving. Of course, the implied consent also implies that by doing so, you risk losing your license for a long period of time. This is usually empowered by the state’s DMV requirement that you submit to such tests as an element of applying and receiving, and maintaining, a driver’s license. Legally, you have the right to say no, except in some George counties.
I was not surprised to learn this disparagement of implied consent is taking place in the South. The South is populated by a bunch of goons who call themselves “Conservative.” This is a big misnomer and a lot of Americans buy it. These Southern goons act the part of “Conservative” but in reality, a lot of them are merely barbaric fascists who exploit the misconception many people share regarding the term “fascist.” Fascists are not American Conservatives, and vice versa. While there are many genuine Conservatives in the South, many of them have been supplanted by the ravings of a bunch of corporatist, fascist hogs. Southern Fascists are one-trick ponies who care only about race and all the other narrowly filtered restrictions that accompany their hyper-Christianity. Southern Fascists are not Conservative. They willingly submit to national campaigns of extra-governmental entities. Southern fascists worship the large car companies they lure to their small towns, and for some odd reason, they are in bed with large media conglomerates because they do everything Hollywood corporatists demand. And the Southern fascists doesn’t give a crap about human rights as an extension of the Constitution. They are jack-booted police who laugh off the concept of implied consent which is simply a citizen’s way of expressing a right of refusal to submit to physical invasion of their body behind the veil of search and seizure.
The rudimentary method of restraint exposed in the news story is a red herring. It is harsh, to be sure, but I agree that it is a manner that must be applied consistently to all detainees in order to avoid unforeseen dangerous situations from unfolding. I have no problem with the practice of restraint and headlock. However, I object to the fact that innocent people are even placed in such a situation to begin with. I believe the Georgian law enforcement Nazis (ie, Phil Miller and Carl Sims) who disregard the spirit of implied consent in order to sublimate the rights of drivers who have done nothing wrong are not Conservatives. The are fascists who would love nothing more than to watch the rest of our Constitutional protections dissolve to their bloodthirsty hunger for punitive totalitarianism. These guys are Conservative in name only. They are Fascists. They don’t believe in the Constitution or individual autonomy of the American citizen. They adulate the practice of absolute authority and their own Hitlerian interpretation of it.
In the report, Phil Miller was particularly cop-smarmy. Typically retreating to his self-appointed superhero role as destroyer of all drunk drivers, he tells the camera, “There’s probably anybody that you can talk to that doesn’t know somebody that was killed by a drunk driver. We oughta do something about that, don’t you think?”
Uh, of course. I’d love to put an end to all drunk driving deaths. But this is the price of liberty. I’d love to put an end to all murders, rapes, robberies, burglaries and thefts…don’t ya think? (insert Southern twang here).
Despite the plethora of dictatorial and overreaching drunk driving laws that have swelled domestic penal codes in the past 30 years, the last I heard, people are still getting killed and maimed by drunk drivers. Every damned day! In fact, I almost killed someone in a drunk driving accident…namely, myself. I wrapped my car around a tree at the side of a freeway off-ramp. I was comatose for 3 or 4 days. This was a situation in which the police were justified in drawing blood without my consent (which they did). I had been involved in an accident that may have involved a serious crime. Likewise, if someone kills or injures another person in a car accident, then of course this is situation where blood can be forcibly taken from someone because the potential crime is more grave than a misdemeanor DUI. As far as I know, driving erratically in not a crime. If law enforcement overrides your implied consent right simply to convict you of a victimless crime, then I can only surmise that the Fascists are seeking to bolster the community coffers of their elitist bosses, ie, public officials. If you maintain your right not to give blood to the police, you surrender your “privilege” to drive (as the DMV fondly calls it) because DMVs operate supra-Constitutionally. DMVs are answerable to no one and this is how Southern law-and-order “Conservatives” like to see themselves.
If the Phil Miller’s of America are so concerned about drunk driving deaths, perhaps they should work to ban alcohol completely. We saw how well that went once upon a time. Still, such drastic measures would reduce drunk driving deaths more than any other stupid Fascist rape of our civil liberties.
So-called Southern conservatives are fascists and aren’t bothered with the conservative ideal. They sell out their soul to the highest foreign corporate bidder and seek to control behavior as oppressively as the California nannies who clog up the capital of my home state. The only difference is that Southern Fascists hide behind moralistic Christian principles. This is their Godless religion. The real Conservative are the frontier cowboy types from the West and Mountain states. These people uphold the principle of self-determination and independence from the Feds or oligarchical meddling of any sort. They are the real Conservatives but because of this, they decline the stage they want no part of.