DUI checkpoints. What do you think?

  • Posted by a hidden member.
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    Feb 24, 2015 3:41 AM GMT
    http://www.aol.com/article/2015/02/23/loophole-helping-drivers-skip-dui-checkpoints/21145681/
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    Feb 24, 2015 4:24 PM GMT
    I lost a couple of libertarian US friends over an argument about DUI checkpoints. They insisted it's everyone's right to drive completely drunk, and the only time someone should get caught is if they're in an accident. Down with the nanny state etc etc.
  • Svnw688

    Posts: 3350

    Feb 24, 2015 11:16 PM GMT
    This has to be the WORST legal advice I've ever seen.

    Put that silly flyer up and hang that baggie out the window, and see how quickly officer's say: "To further officer safety, it was necessary to have the driver open the window since we were unsure of XYZ [the safety of the baggie, or whether or not there was a needle in the ziplock bag, or whether or not the person was reaching for a weapon in their car].

    This is the converse of j-walking tickets, which are regularly thrown out. Judges won't put up with officers padding a file with j walking. Here, you can't outsmart the law enforcement officers, judges equally won't put up with that. Your resistance will draw MORE attention to yourself and bring down the wrath of the officers that, otherwise, you might not suffer.

    The officer's hold the trump card of every reasonable action being appropriate if they fear for their safety or the safety of fellow officers.
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    Feb 25, 2015 7:52 PM GMT
    The question is: Am I REQUIRED to speak to any officer at any time just because he wants to question me or am I allowed to ask for an attorney to be present at ANY point during ANY interaction with the police?
  • Svnw688

    Posts: 3350

    Feb 25, 2015 8:43 PM GMT
    UndercoverMan saidThe question is: Am I REQUIRED to speak to any officer at any time just because he wants to question me or am I allowed to ask for an attorney to be present at ANY point during ANY interaction with the police?


    You are never required to speak, though in some locales you ARE required to consent to a testing of your blood alcohol (because there's "implied" consent when you obtain your license, which is a privilege and not a right).

    You can request an attorney at ANY time. But you will NOT get any attorney at ANY time. The cops can still arrest you if they have probable cause that you committed a crime or were about to commit a felony. You'll be booked. At some "reasonable" point, perhaps a couple hours later, your attorney will be standing before you. It's not instantaneous, and they can take you into custody, book you, and inventory your vehicle while you're "request" is pending.
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    Feb 25, 2015 9:18 PM GMT
    Bottom line: don't drive drunk morons.
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    Feb 25, 2015 9:20 PM GMT
    As a self-declared responsible citizen I should be able to avoid any inconvenience to my free movement and pursuit of happiness.

    However(hypocrite alert) I'm not willing to give the rest of you a free pass.

    Before I fly I like having you guys checked for guns and bombs, even if I have to go along with that indignity too.

    When I drive I like knowing that any of you who enjoy driving buzzed might get caught.
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    Feb 25, 2015 9:35 PM GMT
    Unless you are a perfect driver (and I haven't met one yet), I doubt this tactic will save you if you are driving under the influence. The police can usually find a legitimate reason to stop you, if they really want to: Swerving over the centre line; not coming to a complete stop at a stop sign; failing to indicate; the list goes on. And if you are drunk, the chances of you making such an error are that much higher. Once they have a reasonable suspicion that a crime (including a minor traffic violation) has been committed, the police have the right to temporarily detain you and no amount of note-waving from behind your closed window is going to save you from having to interact with them face-to-face.

    Moreover, an officer at a DUI checkpoint might justifiably argue that a driver displaying the sort of behaviour recommended by the lawyer in this story is enough to create a reasonable suspicion that the driver is driving under the influence. He would then have to speak to the driver face-to-face to establish evidence of sobriety. Two can play the 'loophole' game.