Seat Belt and DUI Checkpoints

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Re: Seat Belt and DUI Checkpoints

PostBy: tvb On: Sun Mar 29, 2009 12:17 pm

Being prudent he pulled off into the parking lot of a old store that is no longer there & went to sleep. In the morning a local cop pulled in & issued him a ticket for DUI even despite his passing a test. The judge said that because he admitted that he pulled over due to affects of alcohol that he admitted to DUI.


Don't ever ever ever admit anything to a cop. The worst thing you can do if asked when you've been drinking is to say you only had one or two. it gives them all the "reasonable cause" they need to pull you out of the vehicle and start doing their roadside tests and worse. They are never on your side - their job is to arrest you not to be your understanding buddy.
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Re: Seat Belt and DUI Checkpoints

PostBy: coalkirk On: Sun Mar 29, 2009 12:22 pm

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Re: Seat Belt and DUI Checkpoints

PostBy: tvb On: Sun Mar 29, 2009 12:48 pm

coalkirk wrote:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.



Unfortunately, the Rehnquist court (Michigan State Police v. Sitz 1990) ruled that DUI checkpoints were only a "little violation" of the 4th and therefore permissible. Some states (including Michigan where the case originated) reacted by making them unconstitutional in their state laws after this ruling.

Here's a decent article about what you can do if stopped at one:

http://www.motorists.org/dui/roadblock
tvb
 
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Re: Seat Belt and DUI Checkpoints

PostBy: 009to090 On: Sun Mar 29, 2009 1:33 pm

Poconoeagle wrote:
Paulie wrote:Sounds like a long night! As a kid, we did everything we could not to have anything to do with the cops. The idea of actually
"toying" with them never would have come up. Time spent on the side of the road being questioned was time away from
the pursuit of girls. :D



Some girls like this lisa, need to be left on the side of the road!! :D caution drunk chick ahead :roll: :shock: :?



Thanks for the warning about the language in that video. My two kids were listening as I played the first 30 seconds.
:mad: :mad: :mad:
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Re: Seat Belt and DUI Checkpoints

PostBy: Poconoeagle On: Sun Mar 29, 2009 1:38 pm

DVC500_at_last wrote:
Poconoeagle wrote:
Paulie wrote:Sounds like a long night! As a kid, we did everything we could not to have anything to do with the cops. The idea of actually
"toying" with them never would have come up. Time spent on the side of the road being questioned was time away from
the pursuit of girls. :D



Some girls like this lisa, need to be left on the side of the road!! :D caution drunk chick ahead :roll: :shock: :?



Thanks for the warning about the language in that video. My two kids were listening as I played the first 30 seconds.
:mad: :mad: :mad:

thats what the caution drunk chick ahead was for ;)
Poconoeagle
 
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Re: Seat Belt and DUI Checkpoints

PostBy: Poconoeagle On: Sun Mar 29, 2009 1:45 pm

tvb wrote:
Being prudent he pulled off into the parking lot of a old store that is no longer there & went to sleep. In the morning a local cop pulled in & issued him a ticket for DUI even despite his passing a test. The judge said that because he admitted that he pulled over due to affects of alcohol that he admitted to DUI.


Don't ever ever ever admit anything to a cop. The worst thing you can do if asked when you've been drinking is to say you only had one or two. it gives them all the "reasonable cause" they need to pull you out of the vehicle and start doing their roadside tests and worse. They are never on your side - their job is to arrest you not to be your understanding buddy.


I wonder if this "great" advise is from experience???
Poconoeagle
 
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Re: Seat Belt and DUI Checkpoints

PostBy: tvb On: Sun Mar 29, 2009 5:51 pm

I read it on the internet so it must be true!
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Re: Seat Belt and DUI Checkpoints

PostBy: Poconoeagle On: Sun Mar 29, 2009 6:20 pm

tvb wrote:I read it on the internet so it must be true!


ahhhh... and the gardenstate is right up there :D
http://journalism.nyu.edu/pubzone/recount/article/100/

then there is Pa's ideas..
http://www.associatedcontent.com/article/78490/sobriety_checkpoint_pointers.html?cat=17
This link is broken, either the page no longer exists or there is some other issue like a typo.
Poconoeagle
 
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Re: Seat Belt and DUI Checkpoints

PostBy: djackman On: Sun Mar 29, 2009 6:45 pm

tvb wrote:Here's a decent article about what you can do if stopped at one:

http://www.motorists.org/dui/roadblock


I won't debate that every citizen has the rights described in that paper, but note it was written not just by a laywer but:

the past president and founder of the Wisconsin Association of Criminal Defense Lawyers


For us mere mortals refusing to submit to a power-happy cop's 2am DUI test means a trip down to the county lockup for a few hours and a tow bill for the impound :D

The biggest reason for all these checkpoints is that it has become more about revenue for the towns, insurance companies, treatment centers, courts, laywers, cops (bag a DUI at end of shift = instant OT) etc than safety. The simple fact that none of them do anything to prevent DUI, only punish, says a lot.
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Re: Seat Belt and DUI Checkpoints

PostBy: Poconoeagle On: Sun Mar 29, 2009 6:51 pm

djackman wrote:
tvb wrote:Here's a decent article about what you can do if stopped at one:

http://www.motorists.org/dui/roadblock


I won't debate that every citizen has the rights described in that paper, but note it was written not just by a laywer but:

the past president and founder of the Wisconsin Association of Criminal Defense Lawyers


For us mere mortals refusing to submit to a power-happy cop's 2am DUI test means a trip down to the county lockup for a few hours and a tow bill for the impound :D

The biggest reason for all these checkpoints is that it has become more about revenue for the towns, insurance companies, treatment centers, courts, laywers, cops (bag a DUI at end of shift = instant OT) etc than safety. The simple fact that none of them do anything to prevent DUI, only punish, says a lot.



much truth there indeed ....there are some guidelines too.."Although the U.S. Supreme Court ruled that sobriety checkpoints are constitutional, there are certain requirements that must be met in order for sobriety checkpoints to be legal. Police officers must be careful not to violate the Fourth Amendment against illegal search and seizure, which means that sobriety checkpoints are closely monitored.

The following are the requirements for sobriety checkpoints that all police officials must follow, and are derived from the rules and regulations published by the National Highway Traffic and Safety Administration.

(1) Sobriety checkpoints cannot be set up at random. Instead, they must be one facet in a departmental program designed to deter intoxication while behind the wheel.

(2) The local district attorney’s office must be aware of the sobriety checkpoint and must be willing to offer its support in the prosecution of DUI/DWI offenders.

(3) The police officers who set up the sobriety checkpoint must have a specific pattern for stopping cars and must not deviate from that pattern. For example, they must agree to stop every fourth car, and stick to the fourth-car pattern.

(4) The decision to implement a sobriety checkpoint must not be made out of thin air, but should be a measure in response to a demand. For example, if there have been three drunk driving accidents outside of a neighborhood, the officers would have a need to set up a sobriety checkpoint.

(5) Police officers who decide to set up a sobriety checkpoint must adequately inform drivers that the checkpoint will be in place. While checkpoints are for the good of society, they can also deter drivers who need to reach certain destinations. "
"6) As drivers approach the sobriety checkpoint, they should be able to see that the police are present. Usually, this is accomplished by starting the flashing light bars on the tops of police cruisers.

(7) If the police intend to send drivers to a test site for chemical testing, there must be an easy and fast route from the sobriety checkpoint to the test site.

(8) Police officers must be able to successfully manage the sobriety checkpoint without unreasonably halting the flow of traffic. They must use standardized procedures and follow the proper protocol for investigation.

(9) The public must be notified aggressively and well in advance of any sobriety checkpoint so that drivers can avoid them if necessary.

In addition to the above, police officers are expected to ask the drivers they stop for feedback as to the effectiveness of the sobriety checkpoint. Since the practice is intended as a public service, police officers are encouraged to be friendly and accommodating with drivers.

If you have experienced a sobriety checkpoint that fails to meet the above standards, or if you feel that your rights were violated, you have every right to call the precinct under which the sobriety checkpoint was orchestrated. Ask to speak to a high-ranking officer and inform him or her that you wish to make a formal complaint. Give a detailed explanation of your experience, and request to be notified about any developments."
Poconoeagle
 
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Re: Seat Belt and DUI Checkpoints

PostBy: Poconoeagle On: Thu Apr 02, 2009 11:33 am

usually its always better to drink at home if you must. modern technology makes it effortless! :D :lol: :o
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Re: Seat Belt and DUI Checkpoints

PostBy: KLook On: Thu Apr 02, 2009 5:18 pm

Following the above criteria, I have never seen a legal checkpoint. Out here in the boonies it is used as a "gotcha" stop. No way they are going to tell you it is happening tonight on route 1. That would spoil the fun! Sort of like not hanging out across the street from the only bar in town. Boring! We even had a young gung ho fool( :angel:) go into the bar and shut it down one night. He said people were getting drunk in there!!! :rofl:

Kevin
KLook
 
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