But they ARE doing it and getting away with it and DOT says it is ok. ZIEG HEIL!!!! Layoutshooter
More BS about Fatigued Drivers
- Thread starter gjmcclain
- Start date
springrivergroup
Seasoned Expediter
If anyone is interested random roadside inspections and random drug tests are also illegal as well as inspecting or testing everyone. And, don’t give me that implied consent BS either you have to have “probable cause, supported by oath or affirmation” so you can sue the person who makes untrue or unfounded derogatory claims about you.
ran·dom (ràn¹dem) adjective
1. Having no specific pattern, purpose, or objective:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
By definition random test and inspections can not be “upon probable cause, supported by oath or affirmation”, they are random after all.
Title 18 of the United States Code
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
But since we live in a lawless land where everyone is a criminal unless you work for the government it really doesn’t matter, our stick isn’t big enough is it.
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Correct, just as it is an implied presumption of guilt to require you to pass a backround check to excerise your 2nd Amendment Right and buy a gun. Of couse, no one other than us gun nuts fought that one. Now that this loss of rights is starting to hit those who are not "gun nuts" it is amazing how many are just now starting to whine. Suck it up. You asked for it. Layoutshooter
Yesteryear
Expert Expediter
I'll just be saying "No thank you" to their survey, politely of course. It they want to inspect the truck, I'll say "sure". I'm not afraid of an inspection. We haven't failed one yet.
My sentiment exactly Inkasnana. Just had a level 1 in Charlotte NC, got my little green 09 sticker on my window so let'em knock themselves out and inspect away.
They are doing it, and they are getting away with it, so far. So far, no one has challenged it in court, which is surprising, since it's been going on in Minnesota for quite some time. This is something that OOIDA should have filed suit on a long time ago, but they haven't. The checklist wouldn't stand a chance in federal court. It's being used by people who are untrained to make a medical determination, and amounts to an interrogation without Miranda Rights.
The items on the list in and of themselves don't mean much, but somehow, after three hours of training, the officers can make a determination based on certain combinations of items checked that you are fatigued. It's load of crap (you've got bad teeth, haven't shaved, the truck's dirty and you stink, therefore you don't sleep while in the sleeper), but even it that were valid, it's still a voluntary interview.
Any time you engage in a police-initiated interview with the police, even when trying to be cooperative, the risk of inadvertently incriminating yourself is immense. The police know this, because that's what the interview is for. Anything you say can and will be used against you, be it in a court of law, or in a subjective determination of fatigue.
The First Amendment gives you the right to say whatever you want. The Fifth Amendment gives you the right to shut up.
Sooner or later it will be the standard, just as those illegal backround checks to buy a gun. We have no Constitution left. The Bill of Rights is a shambles. Layoutshooter
Not me, I bow to NO man nor government. Layoutshooter
I used too but it hurts my shoulder now. Layoutshooter
Its called "fossilization" Ya ole dinosaur!*LOL*
YEP!! Layoutshooter
Seems a wild night in here..we've obliterated about 3 threads now....*LOL*
Destroying threads is a very time honored profession!! We should take pride in our work this evening!! HEHEHE Layoutshooter
Layoutshooter
Yesteryear
Expert Expediter
George Mason:"To disarm the people (is) the best and most effectual way to enslave them."
George Washington: "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence."
Thomas Jefferson: "And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. ... The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants."
Thomas Jefferson: "The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed."
Patrick Henry:"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined...The great object is that every man be armed. Everyone who is able might have a gun.
Samuel Adams:"The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms."
Yesteryear
Expert Expediter
And let me tell ya what, I got a whole closet full of guns and it's gonna stay that way!
Yeah!!! And then some!!!!!!! Eat that you nasty socialists!!
LOL. Layoutshooter
LOL. Layoutshooter
no clothing,t.v.,puter,etc. in sleeper? i guess my co-driver and i are in BIG TROUBLE!! we live in this box on wheels. have put everything in storage,no sense in paying rent/mortage ,utilities,etc. when you don't see your hometown for 6-10 weeks at a time. seems that someone needs a lesson in common sense. i love my country, but enough is enough!!
where's my tea???-no kool-aid plz,enough out there drinking that!
where's my tea???-no kool-aid plz,enough out there drinking that!
We have been sliding down that slide to total government control for many many years and we have now waxed the slide to speed it up. This is only the beginning. Layoutshooter