alt Hacker NewsThat would run afoul of the right against self-incrimination in the US[1]. The government can't compel someone to admit they were driving, and can't punish people for refusing. The government has to provide proof they were driving.
That would run afoul of the right against self-incrimination in the US[1]. The government can't compel someone to admit they were driving, and can't punish people for refusing. The government has to provide proof they were driving.
Courts have held that people have less rights while driving then they do in other settings (such as walking down the street or as a passenger in a vehicle). For example, the doctrine of implied consent allows the government to compel you to submit to a blood alcohol test without a warrant. I wonder if something similar could be applied here.
I certainly support civil liberties, but they need to be balanced against the government's strong interest in preventing the bloodshed that comes from the reckless operation of vehicles.