Wednesday, July 29, 2009

New Texas Laws that make you wonder

The fine Texas Legislature in conjunction with our wonderful governor have decided that they definitely know better than the average Texas citizen. There are two new laws coming into effect about which I have some concerns.

The first new law deals with mandatory evacuations. For time immemorial, Texas law took the position that government entities would tell you the bridge was dangerous and encourage you to not cross the bridge but would not stop you from being stupid. Now, this has all changed. If a mandatory evacuation is issued and you decide to ignore that evacuation order, you may be ARRESTED and forcibly removed.

Now I don't know about anyone else but that sounds too much like a fascist move (or a statist move) to me. Texas should allow people to be stupid. Of course, the other side argues that too many rescue workers are put at risk to remove those stupid folks after it's already too late for them to escape the danger.

I have to say, "Why rescue them by putting others at risk?" Maybe a heartless position to take but it should clean out the gene pool.

The second new law concerns drunk driving. Now I know that Houston has the highest (or at least, one of the highest) rates of drunk driving arrests in the U.S. Now, Texas law enforcement will be able to FORCE a suspected drunk drive to provide a blood sample WITHOUT a court order. Now that flies totally against everything I know about the 4th Amendment of the U.S. Constitution against unreasonable search.

To make this new law palatable, forced blood sampling can only be taken if the law enforcement officer "suspects" that the person in question is a repeat offender or if there is a young person in the vehicle (age 15 or younger, I believe). And they don't even need a judge to issue a warrant.

Here's what TexasDWI.org says to do now: "If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should comply. If you refuse, you are subject to an automatic 180-day driver’s license suspension. Punishment for DWI varies depending on the number of times you've been convicted."

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