Who’s Saul? More Like: Better Call Warren…
by Grant Phillips
Warren Redlich has done a great service for the cause of liberty. The Florida lawyer recently published how citizens can legally resist the harassment of DUI checkpoints. It’s quite simple really. A driver hangs their license, registration, and insurance out of the window in an envelope; and then brandishes a sign asserting their rights. As expected, law enforcement is not happy about the defiant response.
DUI checkpoints may be well intended, but they represent a trend in government “peace-keeping” tactics. It is one of many ways government violates individual liberty under the guise of keeping everyone safe. Even if that is their intention, the desire for a peaceful community does not permit aggression towards any individuals and their freedom.
Police justify checkpoints as a means to catch drunk drivers before they cause harm. This assumes that their actions will result in some kind of harm. Drunk driving is a victimless crime. If you run into a car while drunk driving, then you have committed a crime against another’s property and intoxication is a litigating factor. When an intoxicated driver makes it home safely, however, they disappear from crime statistics and, in moral terms, have not committed a crime.
Every year people die from alcohol-related accidents. Tragic as it may be they are becoming a smaller portion of traffic fatalities. According to the NHTSA , the probability of alcohol being involved in a fatal crash has dropped from 40% in 1980 to 25% in 2005. The research concluded the decline is mostly the result of demographic changes and a decrease in per capita alcohol consumption.
Pundits and proponents will say that being against checkpoints is synonymous with a wanton disregard for public safety. However, it is possible to not support an egregious violation of liberty while also offering peaceful alternatives.
If cities are concerned for safety, a better solution would be repealing protectionist legislation that favors local cab companies and drives up prices. New developments in ride-sharing services like Lyft and Uber may have a substantial impact on DUI arrests. Furthermore, research at the University of Chicago concluded that DUI policing is more efficient per arrest if officers would focus resources on stopping erratic drivers.
Public officials show no regard for individual liberty when they support “preventative measures” for policing strategies. They claim to be motivated by public safety. However, the bureaucracies they represent are no different than any other bureaucracy. For example, the TSA is riddled with corruption and theft, but there are rarely any charges levied. Police departments are subject to political games just as much as any other bureaucracy.
When policing tactics are allowed to compromise liberty for safety, there is almost no end. Virginia Tech researchers found that distracted driving, mostly cell phones and eating, could be more dangerous than drunk driving. Are we to have police monitor cell phone frequencies on roadways? There are numerous ways your own home can kill you. Should we have unannounced State inspections of homes? These are obviously ludicrous proposals, yet both have come to existence.
Like many things in the world, drinking and driving can be dangerous and deadly. No amount of law can change that, nor is it a good reason to sacrifice liberty. If we tried to legislate safety, there would be fines and checkpoints for everything. Government certainly has a role in maintaining public order, but that is no reason for heavy handed tactics.
[divider]About the Author[/divider]
Grant Phillips is The Modern Libertarian. He writes about economics and libertarian philosophy on his website and spreads the word of freedom on his Facebook page and Twitter. A self-proclaimed thinker, Grant applies libertarian principles to social and economic issues. He is a gun enthusiast, avid golfer, world traveler, and freedom ninja.
