Most of us, when we think of attorneys, we don’t like them very much, until we need one. Even then, we may be skeptical of them. However, when you have an attorney who gets a little rowdy and his ad challenges big government and their infringements upon the rights of the people, you have to appreciate those kinds of lawyers. Such is the case in a recent viral commercial ad for Bryan Wilson, the Texas Law Hawk.
Wilson captures something of WWE theatrics, even donning a wrestler’s mask in one segment and riding a small motorbike in the video. “Due process? Do wheelies,” he yells as he does just that!
Wilson’s commercial then presents a mock setup of a policemen who pulls some people over, apparently without cause and attempts to force them into taking a breathalyzer test or forfeiting their driver’s license. This is the infamous “no refusal” concept, which is a clear violation of the Fifth Amendment’s provision to not incriminate one’s self.
Wilson rightly points out that one can refuse to submit to such tests until the officer obtains a blood warrant. We already know that police have been involved in unconstitutional blood draws related to unconstitutional DUI checkpoints. While I have been through many checkpoints and the officers have been very polite, there are also those who believe that with a badge and a gun, they are somehow empowered to be little tyrants.
Unconstitutional checkpoints also open you up to violations of the Fourth Amendment for unlawful searches and seizures. This understanding led to the Fair DUI project showing people how to deal with the unlawful checkpoints in a constitutional manner.
As for the claim of losing one’s license for refusing to blow into a breathalyzer machine, Wilson points out that the state must still prove their case against you if you request a hearing. It isn’t just automatic assuming of guilty, but rather innocent until proven guilty.
While the fake cop on the video claims that breathalyzers are 100% accurate, again, Wilson points out that no breath test is 100% accurate.
It’s commercials like these that have been spawned from unconstitutional check point chickies like Barney Fife produced on the Andy Griffith Show, in which otherwise law-abiding citizens have their rights violated by those who are supposed to be upholding the law.