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DUI check points

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GoDSpeeD

Regular Member
Joined
Jan 13, 2010
Messages
217
Location
Las Vegas, ,
imported post

Hopefully this isn't straying off the OC topic to much but I see this site as a "Sticking up for all my rights" place. I was looking for information on DUI check points and the legality of them. I read some court hearing on it, but couldn't find anything in the NRS except for procedures for stopping traffic. Nothing on creating a turning around point or options for refusal. I OC in the car and would hate to get stuck in that situation and not know what I can legally do. I don't drink, but it still seems like it could be a harry situation.

GoDSpeeD
 
T

timf343

Campaign Veteran
Joined
Oct 3, 2007
Messages
1,409
Location
Las Vegas, Nevada, United States
imported post

I never cooperate at DUI checkpoints, but then I bet you all knew that about me. At one point, I was threatened to be pulled out of the car, but I still refused and was allowed to proceed.

Another time, I made a legal U turn to avoid the checkpoint, was chased down by two patrol cars. They demanded to know why I was avoiding the checkpoint. I ignored their questions and instead demanded to know what crime I'm suspected of committing that gives them the authority to pull me over. The guy mumbled something about me obviously being sober enough to know the law and let me go.

The courts may allow the police to setup checkpoints, but as a suspicion-less checkpoint, you aren't allowed to be legally detained. Refuse to answer their questions. A copy of the attached PDF may help you understand your rights at checkpoints.
 
greengum

greengum

Regular Member
Joined
Aug 18, 2009
Messages
330
Location
Henderson, Nevada, USA
imported post

I actually took my sisters through a DUI checkpoint in Kalifornia 3 times trying to get hassled. I made a legal U-turn 2 cars from the checkpoint and also refused to roll down my window. Was never stopped or even talked to. I know the Cal supreme court ruled that it is not PC to stop a car making a legal U-turn to avoid a checkpoint. Not sure about Nevada.
 
J

jfrey123

Regular Member
Joined
May 13, 2008
Messages
468
Location
Sparks, NV, Nevada, USA
imported post

My understanding, and IANAL, but I believe the SCOTUS has deemed the DUI points as a 'reasonable' intrusion, citing the benefits of the checkpoint are worth taking the quick check of the people. The SOCTUS decision also required the police to give a legal means of bypassing the checkpoint, either turn off or a legal u-turn. Police come after you and suggest that your avoidance implies guilt, just stand your ground.


Every time I read about one in the paper up here, they get maybe 2 DUI guys and like 10-20 other infractions as well as a couple of warrants.
 
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