Does MI breath test law go to far?

[B-J Forum Admin]

Most young adults under 21 years of age and the ACLU thinks so.

The law in Michigan allows law enforcement to issue breath tests for alcohol levels to any individual under the age of 21 denying them the rights afforded citizens over the age of 21.

The ACLU has filed a suit in the matter on behalf of two claimants under 21 years old that were subjected to the law while attending a small party which was interrupted by the police who instructed all individuals under 21 to take a breath test or be taken to jail where they would be cited. The penalty for refusing the test is $100. The news story about this incident may be read at:
www.mlive.com/news/sanews/index.ssf?/base/news-15/1123251607196740.xml&coll=9

What's your opinion in this matter?

[Wild Bill]

Thomas Township Police Chief Steven D. Kocsis defended the department's policy of seeking breath tests from minors it suspects of drinking.

"What we're talking about is an existing law where the police are operating within the law," Kocsis said. "When the ACLU gets involved, what they're challenging is the constitutionality of an existing law."

This is typical of a growing problem in our society. The problem is police agencies acting against the civil liberties of citizens not for cause, but simply because they can. I don't think the intention of the existing law is to wake people up at 4:00AM for a breath test because they lost their purse at a party. Aparently this doesn't penatrate the thick skull of simpleton Steven D. Kocsis.

Our police forces have undergone a fundamental shift in mindset from protectors to predators. "Here's your purse, I wonder if I can bust you for something?" You see it with the seatbelt law all the time. Law abiding citizens pulled over and fined because they trust God more than Grandholm.

Ficcano, the former Wayne County Sheriff/Jackass, now a County Executive, ordered deputies to cite under 21 year olds for drinking even though they drank in Canada where it was legal for them to do so. The Supreme Court of Michigan laughed him out of court. Didn't Wayne County, where 2 out of every 3 murders go unsolved, have anything better to do with their deputies?

Steven D. Kocsis is just the latest disgrace in what is becoming a Michigan Law Enforcement tradition.

[Concerned Citizen]

Popularity should never dictate what tolerance we shall have regarding laws that tread on civil liberties. They should always be challenged on the merits of their constitutionality whether by the ACLU or anyother individual or group.

I can subscribed to temporary relief of individual rights, but only if such temporary laws have to be renewed annually justifying their continuance. States have no relief from the the constitution to which they have subscribed and are compelled to follow. The constitution isn't a law its a contract that binds government to protect the constitutional rights of every citizen regardless of what state they may live.

I see no compelling reason for allowing a law that denies a civil liberty to a citizen simply because of their age. Forcing individuals to take a breath test, regardless of age, is little different in my point of view than forced self-incrimination under the treat of being jailed.

The seal-belt laws are also unconstitutional. Here again, a law is passed that strips an individual of their freedom of choice by fining them is they do not comply with the law which was created on the basis that it saves lives and reduces the cost of insurance. Social engineering of the lives of citizens is not the government's business, yet justice turns its head and allows governments, companies, and special interest groups to create legislation that does just that. Smoking, drinking, or over-weight issues are subjects certainly to be openly debated for the education of all, but the fact that majority opinion sways one way or another on these subjects has no basis related to constuationality to legally justify punishing the individuals whose opinion may be in the minority.