How to handle a DUI Checkpoint.

Discussion in 'Civil Liberties' started by Hoosier8, Feb 18, 2012.

  1. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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  2. BullsLawDan

    BullsLawDan New Member

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    I agree.

    We talk about it all the time in class - the best thing to do is simply to remain silent, even if you've done nothing wrong.
     
  3. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    My Uncle was a lawyer for many many years and he said the same thing.

    Of course, it is best if you are not drunk.
     
  4. BullsLawDan

    BullsLawDan New Member

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    Well, of course, actually BEING innocent is a great defense, but even if you are, you shouldn't give the police any information, ever.
     
  5. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    And don't let them search your car.

    I got stopped the other day by a State trooper while driving home from another State. Turned out to be an ex relative that I was on good terms with. I asked him why he stopped me and it turns out to be just a random drug interdiction stop. First thing he did while approaching my (rental) car was look in the rear windows for something to give him a reason to search the car.
     
  6. PatrickT

    PatrickT Well-Known Member

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    And, whatever you do, don't ever trust a lawyer.
     
  7. Jebediah

    Jebediah Banned

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    Totally illegal unless he had probable cause prior to the stop. A bunch of cops got in trouble for this down in Texas.
     
  8. PatrickT

    PatrickT Well-Known Member

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    I'm not a lawyerI'm sure Bulls will point out that searching with consent is quite legal. If a legitimate stop is made, like a DUI checkpoint, and the officer sees contraband in plain view, a legal search can follow.
     
  9. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    What he meant was that I was stopped without probable cause, which is true. I will guess that if I put up a fuss, that something could be created, like misuse of lanes. How would you prove you used lanes correctly? Or how about he thought I was driving erratically? How would I prove I wasn't?

    Legal search is a whole different matter.
     
  10. Jebediah

    Jebediah Banned

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    Well some people in Texas did and the cops got in trouble. I have definitely beat a rap without going to court based on, no probable cause.
     
  11. Cigar

    Cigar Well-Known Member Past Donor

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    If a cop asks you have you been drinking; answer "I don't drink".

    Now he either has to change the subject or prove you drink.

    And you better not be over h limit.

    But if you are not, time for them to move on to something else.

    Btw, that was advice from the FOP.
     
  12. SFJEFF

    SFJEFF New Member

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    I disagree.

    Do not lie. If you do drink, don't say "I don't drink".

    And I know in California at least, you either comply with the follow up questions and test, or at a minimum you lose your license.

    All the cop has to say is that he believed you were driving eratically to justify a field sobriety test.
     
  13. PatrickT

    PatrickT Well-Known Member

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    Sorry, Cigar, but the police do not have to prove anything. They have to have reasonable cause to believe. Then, off your go to the pokey. There is a blood or breath test, which you can't refuse, to establish whether or not you have alcohol in your system. You stay in jail until you've sobered up. You hire and attorney and spend a few thousand dollars. You face public embarrassment. And, somewhere down the way, you go to court.

    The best course of action in dealing with DUI roadblocks is to arrive sober. No alcohol, no pills, no marijuana. Drive sober and worry less.
     
  14. BullsLawDan

    BullsLawDan New Member

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    No, the best answer is simply to refuse to answer. Don't say anything. An "obvious lie" can give the police reasonable suspicion to investigate further. Refusing to respond cannot.
    You can refuse it, you'll just lose your license (administratively) for a period of time.

    If you're drunk, it's better to refuse it, because you've got nothing to lose by refusing. If you refuse and they convict you anyway, you still lose your license.
     
  15. beenthere

    beenthere Well-Known Member

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    O.K., different states, different laws. If you have out of state plates they stop you in a lot of states. A lot of the time they will simply say it didn't look like you had yor seat belt fastened. Then they will ask for your drivers lic., proof of insurance, & registration. Now, since you DID have your seat belt fastened, anything they ask for now and you give is voluntary on your part. They simply asked for it. When they give the reason they stoped you and they see that there is no violation, you can simply say, "Thank you officer, have a nice day", and drive off.
     
  16. PatrickT

    PatrickT Well-Known Member

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    Of course you can. "You didn't stop for the red light." "Good-bye, Officer." And the officer will just stand and wave as you drive off into the sunset. Of course he will. Now, let's see a show of hands. How many people believe that?

    The best way to deal with a DUI checkpoint is to drive up sober. If you want to drive drunk and get away with it you're a scumbag and so's your lawyer.
     
  17. BullsLawDan

    BullsLawDan New Member

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    Well, the concept of "reasonable suspicion" comes from the case of Terry v. Ohio, which applies in all 50, since it was a Supreme Court case.
    Sure, once it is determined there is no violation (or write you a ticket for whatever the violation is going to be), you are free to go and the encounter becomes voluntary.
     
  18. Iriemon

    Iriemon Well-Known Member Past Donor

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    I don't believe it is illegal for a cop, who has made a legitimate stop, to look inside the car.
     
  19. beenthere

    beenthere Well-Known Member

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    If you ran a red light, smile and except the ticket. If they stoped you because they didn't think your seat belt was fastened, and it was, they have no reason to ferther detain a citizen from going about his lawful business.
     
  20. beenthere

    beenthere Well-Known Member

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    Sorry kids, I was a reserve officer for a number of years and have 3 son-in-laws that are offices. We do talk and exchange cases.
     
  21. beenthere

    beenthere Well-Known Member

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    Absolutely!! If the stop is legitimate you had better jump through all the hoops.
     
  22. BullsLawDan

    BullsLawDan New Member

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    Not a casual look. That's legal, so long as the stop was legal.

    And not anything you give consent to do. If you give consent for them to take off your tires and hold you overnight, by golly, they can do it.

    Ok. I'm not sure if you're agreeing with me.

    Yes, once an officer has "completed" the reason for the stop, either by writing a ticket or determining there is no reason to write a ticket, the encounter becomes voluntary, at which point the person can refuse any request.
     
  23. Iriemon

    Iriemon Well-Known Member Past Donor

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    I'm not sure your point, but they can look inside the interior of your car without consent.
     
  24. Cigar

    Cigar Well-Known Member Past Donor

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    Having a FOP Sticker from the Local State Lodge with a personal Business Card from the Secretary of State doesn’t hurt either.

    Everyone has their own stories ... I just happen have stories directly from Police Officer I know.

    Different strokes for different folks ...

    Here in Illinois, we have a stupid Law of requiring a front License Plate ... and I have a 1999 Corvette that has "never" had one and I Roll through Road Blocks all the time.

    So ... no Officer ... I don't Drink ... next question. :mrgreen:
     
  25. BullsLawDan

    BullsLawDan New Member

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    Correct, so long as the stop was legitimate.
     

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