November 16, 2005

'W' Is For 'Whisky'

In the great state of Minnesota, if you're charged with your second DWI within ten years, the DOT will impound your regular license plates and will issue you new plates. These plates are called "special registration plates" and identify you to all and sundry as someone whose car was involved in an alcohol-related offense. These plates all start with a "W" and, as such, are called "Whisky Plates." If you have these plates on your car, the police do not need probable cause to pull you over; the fact that you have the plates on your car is enough cause in itself, or so the Legislature would have you believe.

The husband and I have long wondered why the ACLU hasn't taken this one to court. After all these plates are a blatant violation of the Fourth Amendment protection against search and siezure without probable cause. One would think that since this is a pretty important violation of the Constitution, and, furthermore that since the ACLU is all about defending the Constitutional rights of the accused, if you'd put the two together, you'd have found a case worth fighting for. Unfortunately, this hasn't been the case. It's not popular to defend drunk drivers, and no one, but no one---including the ACLU---wants to get on the bad side of MADD, so they haven't touched these types of laws with a ten-foot pole.

Until Now. Why, you ask, are they getting involved now? Well, because the plates the great State of Florida would like to stick on drunk drivers are pink.

A Florida state senator wants to require convicted drunken drivers to have license plates that start with "DUI."

The proposed law would also require bright pink license plates on vehicles driven by people with restricted driving privileges due to convictions for driving under the influence.

"Maybe it will embarrass people and keep them from drinking and driving," State Sen. Mike Fasano said. "Maybe they'll think twice."

The bill also says police "may stop any vehicle that bears a DUI plate without probable cause to check the driver."

Ohio and Michigan have similar laws in place. Other states have debated the issue, but failed to pass it due to privacy reasons.

"Pink plates would hold out individuals for punishment as well as ridicule. We are very opposed to it," said Larry Spalding, legislative counsel for the
American Civil Liberties Union in Florida.
{...}

So, it's not really about the Fourth Amendment violations for the ACLU. Civil rights have very little to do with it. It's about the fact that the proposed plates would be pink and would "hold out individuals for punishment as well as ridicule." That's a problem worthy of the ACLU's attention.

Yet again, it's no surprise why everyone and their mother thinks they're a worthless organization.

Posted by Kathy at November 16, 2005 02:35 PM | TrackBack
Comments

Worthless til your liberties are at issue.

Posted by: john at July 12, 2006 12:41 PM
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