DPS Wants Ruling On Legality Of Driver’s License Checkpoints
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DPS Wants Ruling On Legality Of Driver’s License Checkpoints
The Department of Public Safety is seeking a ruling on the legality of setting up a statewide system of driver’s license checkpoints.
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(November 12, 2008)—The Department of Public Safety is asking Texas Attorney General Greg Abbott for a ruling on the legality of setting up a statewide system of driver's license checkpoints, but the Houston Chronicle reports that 15 lawmakers say such a move would be unauthorized immigration policymaking.

Drivers would be stopped at the proposed checkpoints and their licenses, vehicle registrations and proof of insurance would be reviewed.

A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are legally in the U.S. before they can receive a Texas driver's license or identification.

Two weeks later, lawmakers were further disturbed after they learned the commission's chairman, Allan B. Polunsky, wanted a ruling on the checkpoints.

State Sen. Leticia Van de Putte, D-San Antonio, and 14 other Texas lawmakers sent Abbott a letter asking him to ignore the commission's legal opinion request because the Legislature has not authorized a DPS checkpoint program.

Checkpoints haven't been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a "politically accountable governing body at the state level."

Spokeswoman Allison Castle says Gov. Rick Perry favors the checkpoints.

Latest Comments

Posted by: John E. Location: Salado, TX on Nov 14, 2008 at 09:05 AM

This subject is really touchy from all angles. On one hand, if done correctly, it would help catch some illegal aliens and no-insurance drivers. On the other hand, if done incorrectly, it could be used in a, "police state" fashion to search vehicles from stem to stern, just because the vehicle was stopped for a license/insurance check. If this is going to be implemented, it needs to be geared toward performing a speedy license/registration/insurance check ONLY.
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Posted by: Sam Bam Location: CenTx on Nov 14, 2008 at 06:33 AM

I am all for less government and one's private life. But, it also helps cut down on problems that may occur down the road. Such as, DWIs, car theft, kidnappings, theives, impaired from or lack of medications, illegals, unsafe autos, warrant dodgers, etc. So, I can see both good and bad of these check points and the good stands above the bad. If you follow the laws of the land, there should not be any problems on your happy travels. Privacy on public roads and privacy in one's home is not the same. Yes, it is a pain in the rear but, so is a stop sign, red light or a very slow moving vehicle. Safety should be our up most concern but, a line should be drawn somewhere to help cut off personal abuse of the system.
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Posted by: no name Location: gatesville on Nov 14, 2008 at 01:31 AM

I am against so called check points. I have nothing to hide, I just do not think big brother should be able to stop someone without probable cause. What they are proposing is too much like the old Soviet Union. But, now that we have Obama for a president, get ready for more marxist rules.
[ Report Abuse ]
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