Laws in VA about getting stopped - road block - check point - DUI ?

[Glockster]

i have rolled thru a few road blocks in nova and pissed off a few cops in the process.

my jeep is topless and doorless from mar.-oct. so you can easily see into my rig, i have also removed the rear seat so someone can only ride shotgun(remember no doors so you can see clean thru the rig).

everytime i roll up to a roadblock it happens to be in the summer and they always ask me if i have anyone else in the jeep with me. i pause look around and then say "if there is it's news to me""you better look under the jeep incase there is a ninja hiding from us".

i have only gotten one cop to actually look under the rig


i know it doen't help answer the op's question but it is a fun game i get to play with LEO's

That is TOO FUNNY! That's one that would really benefit from a dashcam pointed inside, followed by a posting to Youtube! :monkey:banana::monkey:banana:

 

[cptstoney]

That is TOO FUNNY! That's one that would really benefit from a dashcam pointed inside, followed by a posting to Youtube! :monkey:banana::monkey:banana:

i'm a gopro nerd and always have one running in the rig now that i have enough batteries for em.

my antics at roadblocks usally lead to tickets.... my jeep isn't the most street legal thing out there.... lift, big tires, loud exhaust, lack of emissions devices the list goes on

 

[roscoe13]

everytime i roll up to a roadblock it happens to be in the summer and they always ask me if i have anyone else in the jeep with me. i pause look around and then say "if there is it's news to me""you better look under the jeep incase there is a ninja hiding from us".

I'd probably have to ask him/her where their seeing eye dog is :banana:

Roscoe

 

[Glockster]

i'm a gopro nerd and always have one running in the rig now that i have enough batteries for em.

my antics at roadblocks usally lead to tickets.... my jeep isn't the most street legal thing out there.... lift, big tires, loud exhaust, lack of emissions devices the list goes on

But still funny. Kind of reminds me of once at the movies when they get to the part about taking a moment to locate the emergency exit nearest you....and a guy stood up, pointed and said, "Hey Hon, look there's one." Whole theater cracked up.

 

[Citizen]

I watched a few videos lately about people getting stopped by police and refusing to take DUI breaths, how to handle cops, protect yourself from 4th abuses. What can we do/refuse in VA when a cop stops us? I know I don't have to tell him where I am going, and I too crack my window 2-3 inches max. I seen cops in the videos threaten people, and I know each video is from different states so how does VA laws stack up and esp if you are open carrying. I don't have to get out of my car do I? no reason.??

Except for a few lines in Users post on page one, I'm not sure we've actually answered the OPs questions.

I don't have cites, so I'll just go with my recollection. If anybody has cites in support or contradiction, please toss them in.


1. Sobriety tests, breathalyzers, and blood tests. You can refuse consent to all. But, if the cop has probable cause for DUI, refusing a breathalyzer or blood test may get your license revoked. For some reason, my understanding is that the state will give you a written disclosure just prior to that test telling you that refusing consent will result in license suspension or revocation. So, as far as I know, you can refuse consent to various tests, but if you're arrested and requested to submit to a breath or blood test, and refuse that test, you're license may be revoked or suspended.

2. As far as I know, roadblocks to check vehicle safety equipment, license and registration, and DUI are legal. General crime detection roadblocks like looking for contraband are not (Michigan vs Sitz?)

3. I don't know whether a person can be ordered out of a car during a roadblock. My quick guesstimate would be that if it was a legal roadblock and the cop developed genuine RAS, then yes, he could probably legally order people out of the car. Maybe he can do it even without RAS. PA vs Mimms spends a little time explaining why it helps the cops to order people out of the car during a traffic stop, so I wouldn't be surprised if there was other case law using the same or similar rationale for a roadblock, even though roadblocks may not have probable cause for an offense like usually justifies a traffic stop. For sure, if ordered out of the car, I would get out while refusing consent. Even if I knew his order was illegal. Cops got lots of buddies with them at roadblocks; no point in finding out the hard way how many tasers they got.

My general plan is to initially refuse consent to pretty much everything. But, comply with orders/demands, while still refusing consent. Just be careful about that drivers license revocation/suspension alcohol test refusal.

 

[wylde007]

If you get pulled over, the only way you're going home is at the officer's mercy.

My God, I've missed you.

:dude:

 

[Maverick9]

The truth is the cops don't need to see -any- of your papers, except perhaps to prove you are the one driving your car. Their computer pulls up your license and exp., your CHL, your insurance info and your registration and if it's current.

I think they do it as prelude to getting you to roll down the window and have a look.

Wonder what they teach them in the academy. It sure doesn't seem to be 'the law' IRT traffic and carry regulations.

 

[TFred]

The truth is the cops don't need to see -any- of your papers, except perhaps to prove you are the one driving your car. Their computer pulls up your license and exp., your CHL, your insurance info and your registration and if it's current.

I think they do it as prelude to getting you to roll down the window and have a look.

Wonder what they teach them in the academy. It sure doesn't seem to be 'the law' IRT traffic and carry regulations.

How do they know who my insurance carrier is?

TFred

 

[Glockster]

The truth is the cops don't need to see -any- of your papers, except perhaps to prove you are the one driving your car. Their computer pulls up your license and exp., your CHL, your insurance info and your registration and if it's current.

I think they do it as prelude to getting you to roll down the window and have a look.

Wonder what they teach them in the academy. It sure doesn't seem to be 'the law' IRT traffic and carry regulations.

I'm wondering how they have your insurance information as I know that I've certainly never provided that to DMV or the State Police. Is that a requirement wherever you are located?

Here in Virginia the only thing that I believe they would know is whether you elected to not have insurance and then paid the "uninsured motor vehicle fee" because in conjunction with your vehicle registration (or any license plate purchase) you simply self-certify that your vehicle(s) meet the minimum insurance requirements specified by the Commonwealth.

Regarding CHL, here we have CHP. We've had differing answers on this but I've done many ride-alongs (probably over 200 hours so far), and that has included my seeing what the officer sees on their police car data terminal, and I have never seen anyplace in that information which indicates that the vehicle or driver's license is associated with a CHP (and in VA we have no requirement to declare that, only to notify if and when asked about CHP or CC).

(TFred beat me to the question by a second or so!)

 

[cyras21]

I don't know if it's mandatory but some insurance companies will report to policies to DMV. I cancelled insurance on a vehicle that was no longer being driven and soon after received a notice from DMV demanding I turn in the plates.

 

[Esanders2008]

Many LEOS, especially VA State Troopers, have started approaching the vehicle on the passenger side, and the 'interaction' occurs through the passenger window. I'm not sure of the exact reasoning, but I suspect keeping the officer away from the active lane of traffic is one..... and giving them a better view of the inside of the vehicle, and glove compartment when you open it up to get your registration, is another....

As a general rule, never keep your car registration and insurance paperwork in a location with anything you do NOT want an officer to see. All my 'papers' are kept above the drivers side sunvisor... I have no need to open the glove box or the center console if/when pulled during a traffic stopr (thus they will have no ability to 'peek' in there...)

+1
I do the same with my 'papers'. I keep them separate from where I occasionally keep my pistol in a 'secured container'