DPS Wants Ruling On Legality 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.

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Comments are posted from viewers like you and do not always reflect the views of this station.

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.

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.

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.

Posted by: anonymous Location: Austin on Nov 13, 2008 at 03:18 PM
Well if they were catching them at the border then why are they on the highway still? I-35 in Austin and right outside of Austin is already a nightmare. Hope it's not there or it will then take 3 hrs to get 5 miles.

Posted by: william Location: waco on Nov 13, 2008 at 11:33 AM
Did I hear that right? "Why would they want checkpoints for OUR citizens". That is exactly why we need checkpoints, to protect OUR citizens. Go for it you got my vote.

Posted by: Bear Location: Waco on Nov 13, 2008 at 10:28 AM
They need to stop illegals and if that helps great. You might lose your job next and they can hire an illegal cheater so think about that the next you gripe about checking for illegals. Those that are legal here that don't like it usually have something to hide.

Posted by: Mother of Three Location: Temple on Nov 13, 2008 at 10:10 AM
Why are they questioning the legality though? There are weigh stations set up all over the place to stop 18 wheelers. Obviously they're legal. I think it's a good idea. How hard is it to show them your DL, reg. and ins. card?? And anonymous in Austin, there ARE checkpoints along the border to catch illegals. They have drug sniffing dogs and a board that shows how many pounds of drugs they've seized and how many illegals they've caught. If we have nothing to hide then we shouldn't have a problem with it.

Posted by: anonymous Location: Austin on Nov 13, 2008 at 06:39 AM
Why would they want checkpoints for OUR citizens. Start first all along the border to catch the illegals.

Posted by: Don Location: Texas on Nov 13, 2008 at 04:56 AM
Most of you guys are missing the point. The only reason for checkpoints is to take you off the road if you have one too many beers after work before you drive home or if you party a little on the weekend and try to drive home. That is the only reason they can arrest you on the spot unless you have an arrest warrant out on you. Two drinks and you are driving illegally. Everything else, you just get a ticket. I hope you guys in the burbs enjoy having your license taken away. Then see how easy it is to get around.

Posted by: El Guapo Location: Around on Nov 13, 2008 at 01:35 AM
All those who are crying about a new marxist, totalitarian regime, please put your tin foil hat back on and go back to watching for the black helicopters. Driving in Texas is a privelege that requires three things to do so legally: a valid liscense, registration, and insurance. If you wish to drive, be prepared to show proof that you have all three things. If you buy a beer, you have to show proof that you are legally allowed to do so. Does that make the bartenders and cashiers agents of the new marxist gestapo? Don't like it, don't drive. Maybe the checkpoints will reduce the number of uninsured motorists on the road, and ultimately reduce insurance rates for responsible, law abiding citizens.

Posted by: MMH Location: BELTON on Nov 12, 2008 at 10:37 PM
I find it funny how most of the people on this blog are griping about this. Did it ever occur to you that the real reason they want to do this is to catch illegal aliens???? Probably not. And for those of you griping for any other reason, you must be guilty of some infraction to even waste your time typing. I say, GO FOR IT!!!!

Posted by: JB Location: CenTex on Nov 12, 2008 at 09:21 PM
Set em up!! I've got nothing to hide!! I've got a current TX drivers license, current registration and inspection tags, and I DO pay the not-so-cheap price for full coverage insurance on all of my vehicles!! I don't mind having to stop and show these to law enforcement, if it'll STOP or GET RID OF the ones who drive illegally or are over here illegally, fine by me!!

Posted by: Bill Location: Waco on Nov 12, 2008 at 08:01 PM
I agree with those who say it is a step toward a marxist or totalitarian regime. Sure, lets put people in prison for not having insurance.... or, ones that just happen to be out on a Friday night and don't have their drivers license... Don't you people realize that when you are pulled over (And NO they do NOT have to have probable cause) and ask you for your license, registation and insurance that that is just ONE STEP from them saying "Papers???"

Posted by: Gary Location: Mart on Nov 12, 2008 at 05:48 PM
I've carried liability insurance on every automobile I've owned since I got my first car in 1962, and I'm never in such a hurry that having to stop for a minute will ever be a problem. I'm ALL FOR keeping those who are in violation of Texas law off our highways. All you people who have a problem with this must be driving illegally, or is it that you're IN Texas illegally and once again declaring your rights that DON'T EXIST?

Posted by: Patriot Location: Texas on Nov 12, 2008 at 05:44 PM
I have no problem with checkpoints. If it will catch alot of these illegals with NO INSURANCE, I'm all for it. And no surprise that the State Senator named is a democrat from San Antonio..... gee go figure!

Posted by: Aly Location: Waco Area on Nov 12, 2008 at 05:34 PM
I say set 'em up! There are 'checkpoints' all over South Texas. but they are run by INS looking for illegals. Only those who are running illegal....no insurance, suspended or expired drivers licence, or other such things have to worry. How about checking for escaped felons? Or numerous warrants on wanted persons? Makes sense to me. I would rather spend 5 minutes at a checkpoint than be hit by a drunk driver or an illegal with NO drivers licence and NO insurance. Happened to me in 1983. Totaled my car. I only had liability...other driver (who was at fault) had NO DL, NO insurance, and NO PAPERS! Even tho I filed a report and wanted to press charges, the police couldn't find him. Guess he ran back to Mexico. At any rate, I had to pay for another car.

Posted by: player of the year Location: Waco,Tx on Nov 12, 2008 at 04:26 PM
Yeah. Go ahead and set them up. I'm legal every day all day. I might be out driving anytime of the day or night, so I make sure I'm legal. It might cut down on a lot of people "riding dirty", or drinking and driving. Do it.

Posted by: Frank Location: Kempner on Nov 12, 2008 at 03:23 PM
Set up the checkpoints, nothing to hide. Only ones that fear this, I suspect are those doing something illegal, like DWI, driving without insurance, or just not a legal in this country.

Posted by: JC Location: Waco Area on Nov 12, 2008 at 03:19 PM
Because Over Half of the legislators Knows or has Hired Illeagals to work for them Thats Why they dont want this bill to pass...And Another thing I had to show a Birth Certificate years Ago before I could even take the drivers written test And I was Born here..... So I say let them put up the Check Points Better you 10 to 1 Legislators are probly driving with no insurance...... lol

Posted by: Sharon Location: Hamilton on Nov 12, 2008 at 02:57 PM
Bring on the checkpoints. The more the merrier. I do not mind being stopped. Got Tx DL and insurance and I was born in Tex. Go Texas!

Posted by: bobby Location: Troy on Nov 12, 2008 at 02:15 PM
That's what the Nazi's and the Communist did to keep people in line. Has DPS lost their minds, they can't randomly search people this is still a free country and not just for a select few.

Posted by: Terry Location: Temple on Nov 12, 2008 at 01:50 PM
That is one of the few things I agree with helmet hair Perry on. If you have a license, insurance and registration- SO WHAT? If you don't then you are breaking the laws of this state, and if you don't like it, MOVE! I will put up with an incovenience to get non legal drivers off the road.

Posted by: susiebw Location: kempner on Nov 12, 2008 at 12:56 PM
Why do the legislators, who are supposed to know the law, think it's unlawful to ask if someone is a citizen before they are issued a Texas drivers license or Texas ID? Why are they our legislators, and why are they in the Texas house??

Posted by: Dee Location: Belton on Nov 12, 2008 at 12:44 PM
What's the problem? If I get pulled over I have nothing to hide, I think check-points every Friday and Saturday night would be a good move, keep everyone safe.

Posted by: Steve Location: northeast of Waco on Nov 12, 2008 at 12:40 PM
If applicants for a Texas driver's license or other Texas ID do not have to show legal presence, then neither Texas nor the United States can claim sovereignty over their respective territories. There is no other country in the world that relinquishes its own sovereignty in this silly way.

Posted by: JR Location: Waco on Nov 12, 2008 at 12:29 PM
This is the most ridiculous thing I've read all week. "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." Really?? Are you serious?? So, whose job is it? Should DPS just hand out driver's licenses and id cards to whomever comes in? Last I checked, to get a DL in the state of TX, you've got to have a Social Security Card. I went to the DPS website and they do require people who are not US Citizens or permanent residents to prove their lawful status in the US before they will issue a DL or ID card. What's wrong with that?? Your DL is your one true source of identity that is accepted at airports, banks, employers, etc. Key word here being IDENTITY!! It's great that our state government is trying to protect us. We need to stop worrying about offending people who are here illegally and start TCOB!!!

Posted by: Viola Perry Location: Kempner, TX on Nov 12, 2008 at 12:05 PM
Too much government intervention. To get stopped one needs reasonable suspicion. Don't start to become like the Soviet Union we once knew!

Posted by: Heart-Of-Texas Location: Waco on Nov 12, 2008 at 11:37 AM
Set the Check-Points up(They are legal!!),,, I don't have anything to hide,, I'm legal 'All-the-Way!! Back-To-The-Future!!

Posted by: Karen Location: Waco on Nov 12, 2008 at 10:43 AM
Let's take back our country If they want to be here, then they should abide by the same laws that we do as United States citizens Don't like it, then go home !

Posted by: Lee Location: Belton on Nov 12, 2008 at 10:34 AM
To much red tape! I think there should be check points. Did you know that every 3 cars you pass on the road 1 of them does not have insurance.

Posted by: LN Location: Robinson on Nov 12, 2008 at 10:26 AM
Why wouldn't a checkpoint to prove you can legally drive your car on the roads of Texas be a good thing? We all KNOW that there are many people in this state that drive illegally while most of us follow the law with licenses, insurance and proper registration. Why not make everyone do what they are supposed to? Bring it on!

Posted by: FarRemoved Location: TX on Nov 12, 2008 at 10:24 AM
Just another attempted step in the direction of a complete Police State! Get ready folks.........

Posted by: Bob Location: Belton on Nov 12, 2008 at 10:21 AM
Sounds like a good idea to me. Maybe this will get some drivers off the road that seem to think they don't need insurance.

Posted by: p Location: mexia on Nov 12, 2008 at 10:15 AM
I've been stopped at a checkpoint since 1994 - now they call them surveys.

Posted by: Gerry Location: Cameron on Nov 12, 2008 at 10:08 AM
I don't know if I favor the check points but of course folk who apply for driver's licenses should have to prove they are here legally. What are these moron politicians thinking??

Posted by: Marlin Location: Texas on Nov 12, 2008 at 09:52 AM
Sounds to me like the DPS is trying to find a way to stop innocent people and see what they're up to. It is a clear violation of any Constitutional Rights we have left! Few though those are now days! As for the Illegal Aliens having to prove they are in America legally before any drivers license is given to them, I think THAT is a wonderful idea and I am suprised Texas would currently give an illegal a license! These illegal aliens need to understand that this is AMERICA and you need to have a legal right to be here BEFORE you apply for any benefits. Texas claims driving is a priviledge, not a right, so I see no problem asking for proof of legal status. I have to prove who I am to get a license or vote, and I was born here, so why not require illegals to prove a right to be in America? Besides, the REAL ID ACT REQUIRES IT, and Texas is under obligation to obey the Federal Real ID Act Law in effect NOW! So illegals, go get proof you belong here, or better yet, GO HOME and make us happy

Posted by: Anonymous on Nov 12, 2008 at 09:52 AM
Sounds to me people are wearing thier fellings on their shirt sleves.

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