Posted on Feb 13, 2015
Interesting fact about evading DUI checkpoints. Is it wrong to know this? Not a pro-DUI thread.
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http://reason.com/blog/2015/02/12/libertarian-lawyer-offers-this-one-trick
This post is not meant to support Drunk Driving. The purpose is to have a discussion about check points. Liberty should be protected and drunk driving will eventually cause the taking of the ultimate liberty, a persons right to life.
This post is not meant to support Drunk Driving. The purpose is to have a discussion about check points. Liberty should be protected and drunk driving will eventually cause the taking of the ultimate liberty, a persons right to life.
Police
Alcohol
DUI
Edited 11 y ago
Posted 11 y ago
Responses: 40
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I want to also clarify this article does not apply to military installations.
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LTC (Join to see) -Nothing wrong with knowing it. Ultimately, I hope that people use their own discretion when enough is enough. I have very little sympathy for drunk drivers, as I have dealt with too many deaths as a result.
But a benefit could be that by evading these DUI checkpoints, maybe it will keep them off of the more traveled roads...so that if they wreck their vehicles, it won't be on a well traveled road.
I think the best way to combating the DUIs is a nonjudgmental approach and availability by leadership to come and get a Soldier when they call, or proper planning on behalf of the Soldier in the form of a designated driver.
v/r,
CPT Butler
But a benefit could be that by evading these DUI checkpoints, maybe it will keep them off of the more traveled roads...so that if they wreck their vehicles, it won't be on a well traveled road.
I think the best way to combating the DUIs is a nonjudgmental approach and availability by leadership to come and get a Soldier when they call, or proper planning on behalf of the Soldier in the form of a designated driver.
v/r,
CPT Butler
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TSgt David Holman
CPT Butler, I brief my troops at every Friday team meeting, and every feedback that I will come and get them at anytime without question (well, with the exception of possibly asking where they are taking me for breakfast). The few troops that I have been around that did drink and drive (not my troops) I remind them that it isn't the end of the world, but that they have to be an adult and face the music. Most have been very respectful about it and didn't face undue judgement.
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To all of you saying a checkpoint like this is unconstitutional by all means explain to me how asking for a license and registration is an illegal search? Apparently none of you have had someone close to you taken by a drunk driver, I have on two separate occasions. This post disgusts me as well as the ignorant responses about violation of constitutional rights.
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SPC Christopher Green
Regardless of your assertions to the contrary, a search and seizure is being done. It has just been upheld as being minimally intrusive and that this minimal intrusiveness has been held to be outweighed by protection for the public. It is not a stretch at all to claim that a search and seizure is being conducted when the U.S. Supreme Court has indicated that it is. I don't disagree that being a police officer is hard but to argue that we should grant the states broader restrictions on our rights to make their job easier is antithetical the the Bill of Rights.
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Lt Col (Join to see)
http://www.npr.org/blogs/thetwo-way/2014/11/10/363102433/police-can-seize-and-sell-assets-even-when-the-owner-broke-no-law
http://www.forbes.com/sites/georgeleef/2014/09/12/time-for-civil-asset-forfeiture-laws-to-meet-the-same-fate-as-jim-crow/
Civil forfeiture is rife with abuse. Police execute raids based on "shopping lists", not based on crimes committed. And the real kicker...they actually have more incentive not to charge you with anything. Because if you are charged, you can defend yourself and get your property back. If they never charge you, they just keep your property.
http://www.forbes.com/sites/georgeleef/2014/09/12/time-for-civil-asset-forfeiture-laws-to-meet-the-same-fate-as-jim-crow/
Civil forfeiture is rife with abuse. Police execute raids based on "shopping lists", not based on crimes committed. And the real kicker...they actually have more incentive not to charge you with anything. Because if you are charged, you can defend yourself and get your property back. If they never charge you, they just keep your property.
Police Can Seize And Sell Assets Even When The Owner Broke No Law
Civil asset forfeiture rules say all that matters is that the car or house or cash was used by somebody in a crime. Challenging the seizure is often too costly to be worth it.
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Sgt Adam Jennings
Capt Jason Williams, I agree that civil forfeiture needs to be gone. However, that is not what we're discussing right now. We are discussing DUI checkpoints. While there is the potential for that to happen at one, unless you have substantial evidence that it does let's keep on topic please.
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CW3 (Join to see)
Here's the topic....it doesn't matter if they're stopping everyone... and actually stopping everyone emphasizes MY point... they don't have probable cause.
Want to know why I've never had a DUI? Because I don't drive when I've been drinking. That still doesn't mean I want to be stopped by the police. The Supreme Court succumbed to politics and emotion (*cough*MADD anyone?*cough*) in finding that there was minimal harm to what they were doing..... Guess what? If sitting and waiting for a background check is an infringement on your 2nd amendment rights, having to stop at a DUI checkpoint when I'm not drunk and not exhibiting any driving behaviors that would lead to probable cause is a violation of my 4th and 5th amendment rights.
Want to know why I've never had a DUI? Because I don't drive when I've been drinking. That still doesn't mean I want to be stopped by the police. The Supreme Court succumbed to politics and emotion (*cough*MADD anyone?*cough*) in finding that there was minimal harm to what they were doing..... Guess what? If sitting and waiting for a background check is an infringement on your 2nd amendment rights, having to stop at a DUI checkpoint when I'm not drunk and not exhibiting any driving behaviors that would lead to probable cause is a violation of my 4th and 5th amendment rights.
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LTC (Join to see), it is kind of clever and funny, though! However, if someone's really drunk, they'll eventually get caught.
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LTC (Join to see)
Agreed, the once in a lifetime might get away but law enforcement are known to target those who get away until they get'em. So..
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LTC Stephen C.
LTC (Join to see), I forgot to mention this earlier about the photo that introduces your discussion. I know an Arkansas Guard captain that is an FA battery commander and is a police officer in civilian life. He always refers to handcuffs as "his silver bracelets". Hilarious! It's probably common law enforcement vernacular, but I had never heard it before!
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SGT (Join to see)
PO3 Ben Sackenheim I dont think you are in Law Enforcement. I have had several DUI apprehentions. It is not as easy as you make it sound. It is kinda like when they tell you what to look for when you are looking for IEDs. Look for trash and piles of rocks. In Iraq those things are everywhere. Trying to detect a DUI is not easy.
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LTC Stephen C.
1SG (Join to see), I should have looked at your response before I did mine! Mine reads like I'm a total copycat!
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1SG (Join to see)
I put mine up quickly and without much substance because I also wanted trailblazer points. I should see what you wrote sir.
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Having been separated for a DUI I feel that this is a very relevant issue for current service-members at a time when the Army is looking for any excuse to boot soldiers. It was a stupid mistake, but at the same time it was blown out of proportion (considering the charges were dismissed in court).
The fact is though that 0.08 is a silly threshold for DUI (that's only about 2-3 beers) and it is definitely a scheme to make lawyers and other interests an extra buck. This is not to dismiss the impact of sometimes deadly DUI accidents, but any information that helps our comrades stay in the military at a time when we are being stabbed in the back is a worthy endeavor.
That said please don't drink and drive, having to deal with the legal BS is simply not worth it, pay somebody to drive for you. Trying to cut corners only costs you more in the end.
The fact is though that 0.08 is a silly threshold for DUI (that's only about 2-3 beers) and it is definitely a scheme to make lawyers and other interests an extra buck. This is not to dismiss the impact of sometimes deadly DUI accidents, but any information that helps our comrades stay in the military at a time when we are being stabbed in the back is a worthy endeavor.
That said please don't drink and drive, having to deal with the legal BS is simply not worth it, pay somebody to drive for you. Trying to cut corners only costs you more in the end.
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I have been in several states where random dui check points are not allowed, except on certain known heavy drinking occasions, such as New Year's, 4th of July, etc. Weather exception should be made for these would be, to me, a point for discssion. I can see self rights and law really coming into conflict on this.
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I know each state is different however, the following link provides the guidelines in North Carolina.
http://www.ncsheriffs.org/documents/Motor-Vehicle-Checkpoints.pdf
I believe this topic and its many points of views has provided professional opinions and debate.
http://www.ncsheriffs.org/documents/Motor-Vehicle-Checkpoints.pdf
I believe this topic and its many points of views has provided professional opinions and debate.
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In Colorado, the law requires that adequate warning be given regarding check points. There are PSAs broadcasted on radio stations regarding check points within a certain part of town. They are also required to post warning signs at the nearest intersection prior to the check point.
Of course the LEOs take advantage of this. There will be cruisers parked a short way off the warned intersection watching especially closely for any infraction that can be used to pull over drivers that "evade " the check point by turning at the intersection
Of course the LEOs take advantage of this. There will be cruisers parked a short way off the warned intersection watching especially closely for any infraction that can be used to pull over drivers that "evade " the check point by turning at the intersection
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