Wednesday, August 24, 2011

Interesting DUI Checkpoint News!

In California if you can believe that.....

Now to the 2 or 3 regular readers I have, you know how much against DUI Roadblocks, or roadblocks of any kind I am.  The story regurgitates what I have said in my posts many times.
The drunk-driving (DUI) roadblocks catch comparatively few drunk drivers, so officers often focus on issuing as many tickets as possible for minor violations while cars are stopped.
I still will never understand how the SCOTUS has upheld this process. I have run through 2 of them myself. The first one I made a turn to an access road before the checkpoint. (Coincidentally, a street light was out on that turn, hmmmm?") The second time I went through it and the YOUNG officer approached and asked me to roll down the window, I rolled it down about 3 inches.  "Yes Officer?" "Can you roll the window down, sir? "I can hear you just fine, Officer."  Have you been drinking, sir? "I don't drink, Officer, are you looking for a fugitive?"
No sir, sobriety checkpoint, he says. "Have a nice overtime check Officer"! Go home Sir!!  

Legal Aspects of DUI Checkpoints

The states where DUI checkpoints are still legally unrecognized include Texas, Wisconsin, Idaho, Michigan, Oregon, Wyoming, Rhode, Alaska, Washington, Minnesota, Island, Montana and Iowa. According to these states the DUI checkpoints are not allowed under the law therefore, the checkpoints could not be formed. The DUI checkpoints are recognized in the states where there is legal cover available to such checkpoints. In states where the DUI checkpoints are legal, these are supposed to follow some set of rules and regulations directed by the Supreme Court in 1990. The rules categorically narrate the processes for setting up, working and maintaining the DUI checkpoints. The rules debar the law enforcement authorities to form biased reports against the suspected drivers tested at checkpoints. The mandate of these checkpoints is to simply point out the drivers under influence of intoxicated substances. However the noises for digression of the authorities from their mandate are often heard loud.

3 comments:

  1. The Spirit of 1776August 24, 2011

    These were implemented shortly after the "open container" laws were imposed on us. Hell I remember driving with an open case in the back seat and everyone helping themselves. DUI? WTF? If you didn't hit someone or lose control of the car, you weren't intoxicated, right?

    Such a quaint, silly time.

    Fact of the matter is we are considered dot-gov property. Human resources. Assets.

    Peasant serfs.

    Well, they better think twice about that assumption.

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  2. I agree. Tiny tears at our freedoms, one crisis at a time!!

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  3. And since they are already there, they've got to 'justify' the overtime, e.g. tickets for everything they can. I saw a guy get a ticket for a seatbelt violation after he took his seatbelt off to get his wallet out!!!

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