Public Safety Commission Tries To Circumvent Legislature To Establish DWI Checkpoints
Vince Leibowitz | Sep 29, 2008 | Comments 0
The Texas Public Safety Commission is attempting an end-run around the Texas Legislature in its zeal to please MADD and establish DWI checkpoints in Texas.
One day after MADD made headlines demanding DWI checkpoints, Allan B. Polunsky, chair of the Texas Public Safety Commission, requested that Texas Attorney General Greg Abbott issue an opinion on whether or not having the checkpoints established under the Commission’s direction would be constitutional.
The Texas legislature has repeatedly declined to pass legislation to authorize DWI checkpoints, including during the 80th Texas Legislature. A 1994 Court of Criminal Appeals decision in Sanchez v. State (856 S.W.2d 166) clearly stated that sobriety checkpoints “must at a basic minimum be authorized by a statewide policy emanating from a politically accountable governing body.”
The problem? A “politically accountable governing body,” is the Texas Legislature, not the Public Safety Commission, which is merely appointed by the governor. However, the Commission wants Abbott to rule that they are a “politically accountable governing body,” in accordance with the Court’s decision in Sanchez so that the checkpoints can be established.
Of course, Abbott could well rule in the Commission’s favor. After all, he needs to look as “tough on crime” as possible for his 2010 run for Lieutenant Governor, which is widely rumored.
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Filed Under: AG Opinions • Featured • Public Safety
