More on the DUI Checkpoint YouTube video taped in Rutherford County:
The following is a statement from State Representative Rick Womick (R–Rockvale) regarding the recent 4th of July DUI checkpoint in Rutherford County that has garnered nationwide media attention in recent days:
See Video: http://www.wgnsradio.com/no-disciplinary-action-taken-against-rcso-deputy-traffic-stop-cms-13788
Driving Laws, Second Response
When you apply for and acquire a driver’s license, you have agreed to follow ALL the laws of the road, which are listed in great detail in the Tennessee drivers written test booklet. That means, unlike in your own home, you cannot drink alcohol or get drunk, do any legal or illegal impairing drugs, or text on your cell phone. You may have to submit to DUI checkpoints, are required to wear a seatbelt, and cannot transport illegal substances. I encourage everyone to obtain a copy of the driving laws of Tennessee. Those of us who signed for and acquired a Tennessee driver’s license agreed to follow those laws. Read them and you will find you have agreed to several issues that can be considered a loss of Constitutional rights.
As for the young man in the video, he was uncooperative right from the start by refusing to roll down his window. For a law enforcement officer that is a huge red flag. The first thought that comes to their mind is that the individual is trying to hide something, such as a gun. Many law enforcement officers have been shot by drivers through a car window. Those of you who have watched any of the ‘Cops’ shows know what I am talking about.
So my question to those who may disagree is, "How will this young man act if he decides to get on an airplane and fly somewhere?" He will be required to strip several items from his body and be scanned or even physically searched. I can guarantee you he will be detained and arrested if he were to act the same way at the airport as he did in his car.
All this young man had to do was be polite and cooperative at the DUI checkpoint that was stopping all drivers, not just him. He was not singled out, nor was he being picked on, until he became uncooperative. He was not being denied his right to freely travel or transport to any destination that he had chosen. In the process of traveling throughout the country, we must all agree to abide by the laws governing such travel. These laws have been found to be Constitutional in a court of law and they are there to protect all of us from those who wish to do us harm, either intentionally or unintentionally. We can choose to follow such laws or suffer the consequences, such as the dreaded speeding ticket. Speeding, just like a DUI checkpoint that checks for impaired drivers, can be construed as a restriction of our Constitutional right to freely travel. The point I am trying to make is that speed limits or DUI checkpoints are not a restriction to our right to travel. Rather they are a mechanism to ensure that while we are exercising our right to travel, that all participants do it safely and not deny those of us who are also on the road, our right to life and happiness!
According to TCA 55-10-406, any person who drives a motor vehicle in the state of Tennessee has agreed to and given consent to a test or tests to determine the drug or alcohol content of their blood. The requirement for such tests may only be conducted at the direction of a law enforcement officer having reasonable grounds to believe the driver is impaired.
To those who still do not understand my position, then let me offer you one more point that has not been expressed in this Constitutional debate. I, my wife, and my children have the right to ‘life, liberty, and the pursuit of happiness’, according to the Declaration of Independence. When a drunk or impaired driver, who is breaking the law, comes over into a lane of oncoming traffic, crashes head on into my son's or daughter's car, and kills them, then he has just denied my child their ‘right to "life’ and the rest of our family our right to ‘happiness’. The local authorities have also denied my child/our family those same rights because they failed to enforce the driving laws; laws that are in place to prevent such tragedies.
The young man in the video has no one to blame but himself. There are many more important and better ways to pick a fight for our Constitutional freedoms and rights, starting with President Obama, the Department of Homeland Security, the Transportation Security Administration, Obamacare, Senators and Congressmen trying to prohibit gun ownership, and so on. The list is endless with these enemies of the Constitution.
So to address the various questions I have been asked over the last 24 hours, this young man is free to travel wherever he wants, transport whatever he wants, but he must obey the laws of the road which in some cases includes DUI checkpoints and potential searches when appropriate. As for detainment, if you want to pick a fight, be rude, uncooperative, and present yourself as someone "threatening" to a law enforcement officer, then yes you will probably be detained and possibly arrested.
I have three final questions to those who continue to disagree with my position: "How many impaired drivers were removed from that road the other night?"; "How many lives were saved, to include impaired driver’s and victim's lives?"; "How many people's right to life and happiness were preserved the other night by Rutherford County law enforcement officers?"
Be careful, Constitutional rights are a doubled edged sword: All drivers, potential victims included, deserve to have their rights protected.
I love this young man's spirit and intent. He displays excellent initiative, but extremely poor judgment. We don't need this young man in jail or arrested because of an inadequate understanding of Constitutional law. We need him on the front lines, fighting for the real and big Constitutional battles.
Feel free to post, email or publish this response; and by the way, I have been encouraged to retract my first statement by several individuals or suffer a severe blow to my political career. First of all, I don't serve the people of Tennessee as a State Representative to advance a political career. Secondly, I couldn't care less if this statement destroys what some claim as my “career in politics." I stand on the Declaration of Independence, the Constitution, and the laws of the land that are Constitutional. You may not agree with my view or interpretation of the Constitution, but you will always know where I stand! Thanks for taking the time to read my response.
Warmest regards,
Rick
Representative Rick Womick
34th Legislative District
