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finger printing when applying for a DL?

countryclubjoe

Regular Member
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Mar 3, 2013
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Location
nj
Hi Texas Folks

I was speaking with a business associate today from Texas and I was quite surprised by something he mentioned to me.

He stated that the State police will soon be requiring folks to be finger printed when obtaining a DL.

While this is not OC related, I feel the subject is "liberty" related and is a" privy issue" that should concern us all.

TIA for all reply's and opinions.

Regards

CCJ
 

davidmcbeth

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I would not provide any biometric data for a DL.

I'd drive w/o a DL instead. Get a ticket for driving w/o a DL? Just pay it. In my state, that's all they can do; if fact the underlining reason for the stop (like speeding) is a wash, it would get dismissed.
 

skidmark

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Valhalla
Likely Texas' effort to implement Real-ID®

Agency Strategic Plan, Texas Department of Public Safety, TECHNOLOGY INITIATIVE ALIGNMENT
http://www.txdps.state.tx.us/dpsStrategicPlan/2009-2013/21technologyalign.pdf

RealID does not require fingerprints for DLs.

This is a clear (to me at least) 4th Amendment violation along the same lines as trying to get DNA samples from school kids.

http://abcnews.go.com/blogs/headlines/2012/04/cops-take-school-kids-dna-in-murder-case/

(Yeah. Sure. The kids gave knowing consent just like I'm Anastasia, the daughter of the Czar of all the Russias.)

https://www.aclu.org/blog/capital-p...technology-and-liberty/celebrities-police-and

Unfortunately, SCOTUS and I do not see things exactly eye to eye - they say it's OK to collect DNA from folks who have been arrested on felony charges but not yet convicted..

http://rt.com/usa/supreme-court-dna-police-171/

However, even that does not extend to DL applicants - yet.

stay safe.
 

davidmcbeth

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No, but the individual states are charged with providing for secure Real-ID documents without a specification of just how. Some, Wisconsin (and I believe SC IIRC) use holographic imprints, bar-codes and RFID chips.

The feds now accept Mexico City DL and/or water bills as Real ID now....I read it in the Onion !
 

countryclubjoe

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nj
This is a clear example of the G, knowing that folks will blindly give up their rights for so called privileges.. Throw some terms like "terrorist" and" public safety" out there at the people and the people will comply..

My.02

CCJ
 

davidmcbeth

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Agencies can only do what the legislature allows them to do ... the state need not say that an agency cannot do this or that, if they do not give them the power then they cannot.

If the guy thinks that the law is vague then he can go to extratextual records (like legislative debate records) for clarification ~ his opinion is supposed to be worth more than another's & the commissioner of DMV? And its up to the admin agency to interpret laws relating to their regulation ~ an appeal is the appropriate method to challenge. But the dept. would use the legislative record as evidence to challenge a claim of vagueness...so one may as well examine the legislative record.

So the procedure would be to go into DMV ... do everything but fingerprinting, get denied a license, then appeal the denial, then go to court. Or ask for a declaratory ruling as to the mandatory nature of the fingerprinting requirement and then file an appeal of any result.

https://screen.yahoo.com/fingerprints-required-driver-license-renewal-234900273.html

^^ the people interviewed here are morons -- they have no idea what their rights are.
 
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davidmcbeth

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Can't believe I haven't heard of this previously. Did some googling and found this article on it, in case you wish to read: http://thescoopblog.dallasnews.com/...is-necessary-for-texas-drivers-licenses.html/

Edit: One more: http://www.dallasnews.com/investiga...-license-centers-snatch-your-fingerprints.ece

I suggest you look at the legislative record and then file for a declaratory ruling with the agency ... if you think its something you wish to object to.

Just remember, that if the law is not vague, the legislative record will not be considered by a court. ie the law is plain enough to understand then the plain language of the law is enough & any extratextual evidence cannot be considered by the court.
 
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