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Author Topic: DUI Checkpoint refusal [Locked]
Altra_Shadowstalker  4 stars
Posts: 1,266
Registered: 2002-1-17 11:48:15
http://po.st/e99tNA

Just don't say anything. Can they use your refusal to ask you out of the car and breathalyze you?

As far as I know, you only need to provide your name and date of birth to comply with the law, so refusing to answer other questions can't really be considered probable cause or suspicious behavior.

I'll edit if the link is broke. Works for me. Takes you to ebaumsworld.

 

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"Goddammit, Swearengen, I don't trust you as far as I could th'ow you, but I enjoy the way you lie."
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sweeny_comodore  4 stars
Posts: 1,216
Registered: 2007-8-23 18:47:04
we used to have a constitutional right under the 5th amendment that allowed us to remain silent.

you people saw to it that that right was revoked and now they can haul us into a hospital for a forced blood removal against our will.


all you ever had to say, in the past, was; "am i under arrest? no, then may i go? oh i am under arrest? then i wish to talk to my laywer."

 

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Jesus? No, but there is indeed a god shaped hole in the heart of man, why is yours so empty? -- snarf igraine
the original monotheism: http://en.wikipedia.org/wiki/Phallus
__Bonk__  5 stars
Posts: 5,122
Registered: 2009-7-25 03:04:52
Checkpoints in America should be illegal. THere needs to be probable cause

 

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I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
Elkad  2 stars
Title: aka Ebenezer
Posts: 407
Registered: 2003-9-11 22:20:55
Works fine.

Use the same routine at any traffic stop. Except if it's a normal stop (not a checkpoint), you have to provide your license and such.

I don't roll the window down all the way either. A half-inch is plenty to hand my license through the gap.

 

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"I would rather be exposed to the inconveniences attending too much liberty, than those attending too small a degree of it." - Thomas Jefferson
Taliesihne  4 stars
Title: Wind on the Deep Waters
Posts: 1,117
Registered: 2004-2-19 04:47:59
The law would eventually support you. But if you draw the wrong cop, you are pretty screwed and it's a moot point.

The officers in the video should be commended btw. Not for 'letting him go', just for being professional.

The sergeant made a judgement call. He spoke enough with them and was there long enough to establish that he was likely sober. She decided she didn't want the hassle.

 

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Jesus saves, Allah protects, and Cthulhu thinks you'd make a nice sandwich
First comes smiles, then lies. Last is gunfire. -Roland Deschain, of Gilead
sweeny_comodore  4 stars
Posts: 1,216
Registered: 2007-8-23 18:47:04
you also dont have to stop at checkpoints.
maybe not in other states, but in illinois the checkpoints are optional.
you can always turn around and go back the way you came. ive done it before while both sober and drunk.

 

-----signature-----
Jesus? No, but there is indeed a god shaped hole in the heart of man, why is yours so empty? -- snarf igraine
the original monotheism: http://en.wikipedia.org/wiki/Phallus
Altra_Shadowstalker  4 stars
Posts: 1,266
Registered: 2002-1-17 11:48:15
Yup, as long as you drive legally, there's nothing forcing you to stop at a checkpoint.

 

-----signature-----
"Goddammit, Swearengen, I don't trust you as far as I could th'ow you, but I enjoy the way you lie."
I don't typo often, but when I do, I blame Swype.
Scarne  4 stars
Title: Capo di Scientifico
Posts: 1,087
Registered: 2001-7-23 15:24:34
What if he was white?

 

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E Pluribus Unum
__Bonk__  5 stars
Posts: 5,122
Registered: 2009-7-25 03:04:52
They should be illegal. Also cops make up probable cause to stop you for things like seat belt violations. The system is corrupt

 

-----signature-----
I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
Taliesihne  4 stars
Title: Wind on the Deep Waters
Posts: 1,117
Registered: 2004-2-19 04:47:59
Again, you can do these things, but you are really at the whim of the police at that point. Police can and will follow you if you turn around a DUI Checkpoint - they can't hit the wailer and chase you, but nothing stops them from heading in the same general direction as you for 10 miles or so, going just a bit slower cause it's a nice night.

I'm no fan of cops and I definitely believe in the mantra of 'keep your damn mouth shut around the police', but the reality is they have an awful lot of power to ruin your night immediately. The 'justice' you'll get will be way down the road, after you've been screwed over by a cop.

I guess I'm just getting to be more of a pragmatist in my old age.

 

-----signature-----
Jesus saves, Allah protects, and Cthulhu thinks you'd make a nice sandwich
First comes smiles, then lies. Last is gunfire. -Roland Deschain, of Gilead

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