While posting the video above of an uncooperative driver that was pulled over for speeding, a couple of Facebook "friends" weighed in on the subject. One reply to the video was "Looks like we ain't the only ones who got cop problems". My reply to the first was "He was an ass... In Hawaii as in most states part of the requirements in being issued a drivers license is that it needs to be provided as requested by an officer of the law. Failure to do so can cause one to forfeit their license. Obtaining a license is a privilege and not a right. Laws are written for a purpose and if we disagree with the laws it is our right to take action in amending or repealing it but not disobeying it. These laws are written to keep people safe and orderly..."
Another poster replied to my response by saying "In most states, the officer must have probable cause for requesting to see I.D., and obeying unjust laws is not American. Once we forfeit our individual rights, and I would even assert driving a car is a right, not a privilege, even though that's not how our government wants it to be." I don't know where he got his opinion from as he states no legal reference, but there is one thing that I do know. An assertion is based on a strong belief and not necessarily a rule of law. What I stated was that "Obtaining a license is a privilege and not a right." I did not at anytime mention that driving a car is a right because there is a big difference between the two. While I do agree that driving is a right, I believe that it is a conditional and not a fundamental one. On private land anyone can drive a motorized vehicle free of regulation from authority in the United States anyway. That whole freedom stops when it comes to publicly funded roads where state or county has jurisdiction over its usage.
Also, the statement that an officer needs probable cause to me is false. I believe that a uniformed officer of the law has the right to request an ID from an operator under reasonable suspicion especially when driving a motorized vehicle on a public roadway. Gerald Lykins, a criminal defense attorney who once served as an assistant prosecutor in Kent County, says “The privilege to drive is a benefit that is extended based upon certain requirements being satisfied. In order to legally drive, the state requires people to be of age and have a valid operator’s permit... While the 'right of travel' is a fundamental right, the privilege to operate a motor vehicle can be conditionally granted based upon being licensed and following certain rules. If rules are broken or laws are violated, the State reserves the right to restrict or revoke a person’s privilege.” The website Lawyers.com states that justifications for being stopped and asked for a drivers license are traffic violations, defective equipment or equipment violations, missing or defective license plates, erratic driving behavior such as reckless or drunk driving, emergency response calls or suspicious criminal activity. The American Civil Liberties Union also suggests on their website that If you are stopped in your car to "Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver's license, registration and proof of insurance."
While many people would like to find any reason to oppose the government or any of their agencies the problem is that the manner one chooses to do so may result in some very serious repercussions. Not everything that you read on the internet carries the weight of law and there are many websites and speakers who encourage the masses to stand up against authority. I would put money on the fact that if you took their advice and got into hot water, none of them would be knocking on the doors of justice to let you out.
We live in a modern society built upon laws unfortunately and not one that are built upon justice. People too often confuse them to be one and the same when that could not be further from the truth. Law's of man since the beginning have left much to be desired. Its been used and abused to benefit the affluent in society with pockets deep enough to hire lawyers to poke holes in them while those less fortunate and with little resources get mowed over and taken advantaged of. Too often those who feel that there is little or no resolve on laws that provide no justice turn to protests that often ends in acts of violence as was the recent case of an unarmed Michael Brown who was shot by an officer of the law that was never indicted. The sad part of that protest that turned into a riot was the fact that in the process, many innocents were hurt, businesses were destroyed and people of the community lost their places of employment. The rights of others were violated because of the inability of people to not only keep a demonstration peaceful, but that it was conducted with no assurance for the safety and well being of the general public which brings us back to rights vs privileges in the case of driving.
The video above showed the driver being rude and non-compliant when requested to furnish a right to drive via a drivers license for a possible speeding infraction. In my opinion he was on a publicly funded highway and the request came from a public servant tasked to assure compliance to regulations in place was not unreasonable. The smart thing to do would be to comply and drive away with just a speeding ticket. The not so smart thing to do is to not comply and drive away as he seemingly did risking additional charges to be tacked on. We can disagree and debate but in the end we each must face the ramifications of our personal decisions. If there are laws and processes that are in place that we don't agree with, we as a people of a free society have the option of following the process to create, repeal or amend the laws in place. Laws, some of which are created to provide for the safety and well-being of the general public regardless of what our opinions are on rights or privileges.
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