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i went to a DUI checkpoint on thursday night

eye95

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Fairborn, Ohio, USA
eye95

what would you suggest to a person that is SUSPECTED of DUI?

CCJ

I am not a lawyer either. Since I don't ever intend to be DUI, I can only tell you what I would do if pulled over.

First, I will assume that I have done something wrong that I am not aware (or was speeding), so I am going to start from the position that this is almost surely a lawful detention. I will pull over, roll down the window, get my license, insurance, and registration and have them already in my hands when the officer arrives at my door. My hands will be on the steering wheel with the documents in full sight. If he asks me for them, I will hand them to him. If he asks me to exit the vehicle, I will do so, after rolling up the window, locking the door, and tossing the keys inside. I will shut the now-locked door once outside the vehicle.

I have never been asked to exit the vehicle, but have done everything else I mention in this post. Although I have been stopped several times for speeding, I have never, ever gotten a ticket.

On only one occasion, an officer has inappropriately accused me of doing something I did not do. He accused me of doing 80 in a 65. That was false, and I had the GPS recording to prove it was false. (I think I was doing 65 in a 50, but would not say so. I only insisted repeatedly, without mentioning the GPS recording, that I was not going 80.) The deputy gave me a written warning. When I got home, I called his sergeant and informed him of the GPS recording. I alerted him that, had the ticket been written, I would have gone to court and proved the deputy a liar. That would make all future testimony by this deputy automatically suspect.

It is well that the police realize that their actions no longer go unrecorded in some fashion. The days of minority of rogue officers being able to lie at will are over.
 

countryclubjoe

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nj
That's satisfying advice, WW. But, a little incomplete, I think.

I myself was stopped for DUI a few years ago. The cop said he stopped me for speed. But, then spent all his effort trying to pry an admission of recent drinking out of me. The exact, precise circumstances of the incident precluded me actually speeding. So, I know that wasn't the real reason I was seized.

I had not been drinking. Hadn't had a drop in at least a week.

So, refraining from drinking and driving is only a partial solution.

I have it from a reputable defense attorney that the reason the cop abandoned his DUI suspicion is because I refused consent straight down the line, including refusing consent to a field sobriety test. The attorney explained that drunks think they can pass the field sobriety tests.


IMPORTANT NOTE: Readers will want to check their own state laws. Beyond some point, refusing consent to a field sobriety test or breathalyzer may result in revocation of your driver's license. You want to where that point is exactly.

This is a great point and I have argued that any revocation of a DL due to a citizen exercising his/her right to remain silent, not submit to any test or consent to give blood is a clear violation of the citizens 4th, 5th and 14th A..
Refusal should not be an admittance of guilt, and refusal should not be held against the citizen. It is not the citizens job to incriminate himself and no punishment should be incurred for exercising ones rights... More to follow.

My .02

Best regards

CCJ
 

eye95

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Spare key...

Not that you only have a modicum of intelligence (I can tell that you are smarter than the average bear), but all it required to come up with that answer would be that modicum. Anyone who had to ask the question you answered...never mind...
 

Primus

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INDEED, however I did use " NAZI CHECK Point" that should remove some of the governments attempt at deceiving the general public into making the citizens feel that these Nazi Check Points are for the good of the community and public safety... These roadblocks, there I said it.. LOL are simply revenue builders for the local municipality they also help justify the need for more police along with helping secure funding from the Fed all at the expense and lose of liberties by the citizen..

My .02

Best regards

CCJ

How are they revenue builders? Can you cite please?

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onus

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idaho
How are they revenue builders? Can you cite please?

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why don't you spend some time educating yourself and doing your own research. better yet, why don't you just go f&ck yourself you fake cop.
 

Primus

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why don't you spend some time educating yourself and doing your own research. better yet, why don't you just go f&ck yourself you fake cop.

I love you too onus.

Its common on here that when a person makes a claim they cite the source if called upon. The poster made a claim it generates revenue for the PD or localities that the checkpoint is in. I was respectfully asking for a cite.

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onus

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I love you too onus.

Its common on here that when a person makes a claim they cite the source if called upon. The poster made a claim it generates revenue for the PD or localities that the checkpoint is in. I was respectfully asking for a cite.

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I respectfully ask for a cite proving you are a police officer.
 

Primus

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Location
United States
This is a great point and I have argued that any revocation of a DL due to a citizen exercising his/her right to remain silent, not submit to any test or consent to give blood is a clear violation of the citizens 4th, 5th and 14th A..
Refusal should not be an admittance of guilt, and refusal should not be held against the citizen. It is not the citizens job to incriminate himself and no punishment should be incurred for exercising ones rights... More to follow.

My .02

Best regards

CCJ

Its not a violation of anything because you sign a contract when you receive your license ( in ma). The paperwork you fill out and sign states that you are subject to suspension if you dont submit to breathalyzer. License is a privilege not a right and its a contract your in and sign for.

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Primus

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Obviously I am a cop if onus hates me so much to waste this forums time by starting a thread about me. If I was a plumber he'd never waste his or our time. Kind of lame but I guess this is the internet.

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solus

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Aug 22, 2013
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here nc
what eye has originally proposed as his activities is best described and read directly from a tome called 'you and the police' by boston t. party aka Kenneth W. Royce

http://www.javelinpress.com/you_and_the_police.html

Royce also advocates putting (parking) your vehicle in a public area to preclude the police from towing it away to search after they get a warrant as well as insisting the animal handler who is called in to 'sniff' your vehicle to not touch the vehicle after the handler's having their hands in their pockets so they can easily rub the training material on your vehicle so the dog keys and give the police RAS to give the judge probable cause to issue a warrant.

just saying...

ipse
 
Last edited:

77zach

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Marion County, FL
These roadblocks are chilling. I've never been through one, but getting to see the death of America up close and personal would freak me out. It's like something out of an eastern Bloc Country.

A novel idea: How about we just punish bad driving? If I were a cop (perish the thought) I would only pull people over who were driving recklessly or obviously poorly. That would be the ethical and reasonable thing to do.
 

Freedom1Man

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How are they revenue builders? Can you cite please?

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http://www.pbs.org/newshour/bb/transportation/jan-june10/dui_02-15.html

http://californiawatch.org/public-s...prove-profitable-cities-raise-legal-questions
February 13, 2010 | Ryan Gabrielson

Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments that are far more likely to seize cars from unlicensed motorists than catch drunken drivers.

An investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines – revenue that cities divide with towing firms.
 

Freedom1Man

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These roadblocks are chilling. I've never been through one, but getting to see the death of America up close and personal would freak me out. It's like something out of an eastern Bloc Country.

Slowly is how it's been done through out history.

A novel idea: How about we just punish bad driving? If I were a cop (perish the thought) I would only pull people over who were driving recklessly or obviously poorly. That would be the ethical and reasonable thing to do.

I kinda agree with you on that.
 

countryclubjoe

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How are they revenue builders? Can you cite please?

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MY .02 = my opinion--- Many of my opinions are based on common sense... My common sense dictates to me that the nazi roadblocks are not being authorized so that the local municipality can save a life, they may tell you that BS, but again, common sense dictates otherwise.

Think of this for a second, the good law abiding citizens here on OCDO that OC get terribly upset when a leo stops them and request ID and wants to inspect the weapon etc, and they rightly should. The leo will simply say, well you know we received a call from a concerned citizen etc etc.

Now then, why should some hard working citizen that is headed home from a long day of supporting his/her family need to suffer the inconvenience of sitting in a nazi roadblock wasting his/her time and fearing that some trigger happy rookie cop just out of the police academy may subject said citizen to some sort of detainment, what if said citizen misplaced his/her insurance card or registering? Ill tell you the answer. The citizen will be detained, probably receive a ticket and a stern warning from the just graduated rookie cop. Now that citizen pays his/her ticket like a good citizen even tho said ticket is unrelated to DUI, that my friend is called revenue generating. Similar to bait and switch however that is a topic for another discussion.

My .02

Best regards

CCJ
 
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