(NGC) - would this really work to get through a DUI check point?

[Gliderjohn]

Interesting. Not sure how you could work it on a motorcycle.

http://www.ijreview.com/2015/01/226566-dui-checkpoints-may-change-may-even-say-single-word/?utm_source=facebook&utm_medium=organic&utm_content=conservativedaily&utm_campaign=Crime

GliderJohn

[Stormtruck2]

It would depend on the officers at the checkpoint. These officer decided that this guy wasn't worth the aggravation to deal with.

[2brunel]

That is interesting. I would never do that. If I was  an officer I would look for a way around it. Don't get me wrong in the 70s and early 80s it may have been useful. But now with many many  times more traffic here I never drive impaired . I may be wiser now too.

[mtiberio]

I recently had to take a driving behavior modification course. In it the teacher (a former cop and lawyer and prosecutor) told us, you do not have to submit to a breathalizer at the scene (at the station is different). you do not have to walk the line or do any other field sobriety tests. you say this: I have the right to not incriminate myself, I choose to exercise that right.

if you do not give them sufficient cause to arrest you, they do not have sufficient cause to arrest you.

[Sasquatch Jim]

  What if the cops say, " Okay, pull over and park right there until your lawyer arrives, if you do not have a cell phone you may use mine.

  If you are on a motorcycle, you will have to hold your breath the whole time.

[oldbike54]

 What if the cops say, " Okay, pull over and park right there until your lawyer arrives, if you do not have a cell phone you may use mine.

  If you are on a motorcycle, you will have to hold your breath the whole time.

Of course , the real trick is to not drink and drive , OR have outstanding warrants , OR contraband . Hey Jim , what is the etiquette when pulled over while operating that hopped up chair of yours ? ;D

  Dusty

[Lannis]

I recently had to take a driving behavior modification course. In it the teacher (a former cop and lawyer and prosecutor) told us, you do not have to submit to a breathalizer at the scene (at the station is different). you do not have to walk the line or do any other field sobriety tests. you say this: I have the right to not incriminate myself, I choose to exercise that right.

if you do not give them sufficient cause to arrest you, they do not have sufficient cause to arrest you.

If the police aren't just bored and waving people through, there will generally be some cause for eventually getting you to roll down the window.   Tire tread too shallow, taillight too dim, they know the way better than most people.

And I'm all for it.   I'll turn and look the other way if the cops can get one more drunk driver off the same road that I and my granddaughters ride on.  

Lannis

[Rich A]

If I were a cop in that situation, I'd tell you to pull over and summon your lawyer. Then as soon as the lawyer arrived, I'd either do the check or more likely just let you go. In either case, that'd probably be several hundred $ out of your wallet.

Rich A

[Wayne Orwig]

Since I work second shift, I leave work after midnight. (yea, I'm typing on company time/break time right now)
I USED to get stopped often at DUI checkpoints. It used to be the same officers, asking me the same questions, often at the same location on my way home, and I had to show the same paperwork every time. I had to get off the motorcycle, holding up other traffic, while I peeled off my Aerostitch to get to my license, insurance, etc.
You would think that after the third or forth time, they would just wave through that same guy on that same odd Italian bike going home from work at the same time.  But no, all the papers, all the time. Until I ask them why it was that I had lived here for 20 years, and never been stopped at these checkpoints, now I get stopped every 6 weeks or so. DING, I hit a nerve on one of them and he went ballistic on me about how his god like abilities are saving me and all of the children on the planet. I only ask, and I asked nicely. So I left it at that and got out of there before mister ego trip got any worse. Then, sure enough, about 6 weeks later, another dui checkpoint. I no more than pull up, and from the other side of the road comes our savior, shouting something at me. Someone else, I assume of higher rank, asked what the hell he was so fired up about, and I calmly explained what had happened. That was three years ago, and I haven't seen ANY more checkpoints in the area.
No idea if my situation is related to them shutting them down, or at least moving them, on the roads I travel, but I don't care. I'm glad there gone, even if there are more drunks on the road. One or two officers with that attitude, gives them all a bad name.
And the same county, a few years earlier... I'm headed home from work, there is an van in front of me that is totally unable to stay on the road. I stay back and watch. I see a local officer sitting in his car. I pulled up beside him and explained what I saw, and I questioned "so why are you following him?". Never mind. So much for trying to do the right thing.

[oldmxdog61u]

Dui is dui. Experience losing a friend or family member from a dui and this video takes on a different tact. Spend time dealing with the mayhem and you just can't go there.
Console a brother who walks away from an accident in which his sister and niece were killed, then the video becomes something else. Dont drink and drive.

[dilligaf]

If I were a cop in that situation, I'd tell you to pull over and summon your lawyer. Then as soon as the lawyer arrived, I'd either do the check or more likely just let you go. In either case, that'd probably be several hundred $ out of your wallet.

Rich A

Can they legally do that?  Aren't they required to have a reason to detain you?   :BEER:
Matt

[blackcat]

Maybe I'm lucky, but whenever I have come to a DUI check on one of the bikes they always flag me through without a stop and chat.

[andrewdonald1]

I am torn about the whole thing.

While I think its good we keep our policing in check, I also think this seems a little devious.  

Ultimately I believe the police are trying to do good, and someone has to do it.

I would like to believe that the story of the people still has some life, meaning part of that story is if you are "good" you won't be improperly treated.
Not 100% sure that's the case, but I'll revel in hope.

[fotoguzzi]

Random check points were declared unconstitutional in Minnesota years ago..

[charlie b]

There will always be stupid cops and 99% or more will be good ones.  Unfortunately the bad ones make all the news.

We have border patrol checkpoints out here too.  Technically you don't have to say anything to them, but, is it really worth the hassle?

If I was one of those cops in the video I might have had the guy pull over and call his lawyer.  Even if I didn't think he was guilty of anything.  Be a smart a$$, get treated like a smart a$$.  As it is there will be a hundred  drunks go out and try that.  The cops will shine a light, see the bloodshot eyes and pull the guy over anyway.  

FWIW, this is a lot like advice given during concealed carry classes when there is a crime.  Some issue a card that has a similar statement on it.  When a cop pulls you over or detains you, the card is handed over.  It has on it the statement that you choose the right to remain silent.  It also means that you might get a trip to the station or get issued a ticket.  Instead you can  politely answer the questions, get a warning and let go on your way.

Pick your battles wisely.

[Lannis]

There will always be stupid cops and 99% or more will be good ones.  Unfortunately the bad ones make all the news.

We have border patrol checkpoints out here too.  Technically you don't have to say anything to them, but, is it really worth the hassle?

.......

Pick your battles wisely.

Doesn't sound like it's worth the hassle to anybody here.   The guys showing the cops prepared statements through the glass are always someone else, usually on a youtube video....

Lannis

[ken farr]

I recently had to take a driving behavior modification course. In it the teacher (a former cop and lawyer and prosecutor) told us, you do not have to submit to a breathalizer at the scene (at the station is different). you do not have to walk the line or do any other field sobriety tests. you say this: I have the right to not incriminate myself, I choose to exercise that right.

if you do not give them sufficient cause to arrest you, they do not have sufficient cause to arrest you.

30 yrs. on the Highway Patrol, now retired.
The above is correct.
I am investigating an action, that may be criminal.  Or it may be that the symptoms are medical in nature.
Someone going through a diabetic emergency ( shock-coma )will display the driving pattern and motor skills of a very impaired person.
They may be agitated or incoherent.  They may even have an odor similar to alcohol consumption.
They will not have horizontal gaze nystagmus. ( jerking motion of the eyes while trying to track a moving object)
I have had contact with a number of people going through a diabetic emergency.
When it is determined to be medical, glucosel is offered, and in my experience never turned down, and all comes back to normal.  Time for an ambulance ride.
Now if I have observations, I do not believe that a medical condition exists, you display the objective symptoms of intoxication, alcohol or drugs or combination, and you decide you are not going to perform any pre-demonstrated divided attention exercises, what do you think will happen. 
What is my only option? 
You have successfully tied my hands.
 You are under arrest for driving under the influence of ......
The chemical test will show the amount of what ever you consumed.  Our conversation is taped and then transcribed so there is no confusion.

Now in the case described above, you hold the packet up to the window, even without the My lawyer yada yada yada, I will check to make sure the license is valid, the registration is valid and the insurance copy is current, and if I do not see red eyes or other body language that is consistent with DUI  ( yes it is real ), I will then say Thank You, have a nice night and move on.

You are not going to hurt my feelings, my feelings don't get hurt.  It's in statute, along with my peace cannot be disturbed.  Some guys don't remember that, and the urinary projection contests begin..... ::)

I fixed the tire on my B1100 and all is right with the world.

 

[rocker59]

I recently had to take a driving behavior modification course. In it the teacher (a former cop and lawyer and prosecutor) told us, you do not have to submit to a breathalizer at the scene (at the station is different). you do not have to walk the line or do any other field sobriety tests. you say this: I have the right to not incriminate myself, I choose to exercise that right.

if you do not give them sufficient cause to arrest you, they do not have sufficient cause to arrest you.

Please know that it's going to vary by State.  In Arkansas, if the police suspect you are driving under the influence, they will ask you to perform a sobriety test. If you refuse a sobriety test, you will be taken to the county jail for a breathalyzer test.  If you refuse the chemical test, your driver's license will be suspended on the spot.  Even if you are sober:

"(1) (A) (i) Suspension for one hundred eighty (180) days for the first offense of refusing to submit to a chemical test of blood, breath, or urine for the purpose of determining the alcohol or controlled substance content of the person's blood or breath."
http://law.justia.com/codes/arkansas/2010/title-5/subtitle-6/chapter-65/subchapter-2/5-65-205

sobriety check points (road blocks) and welfare checks (sleeping in a parked car) do not require the same "probable cause" as when you are driving, so you will be hassled by The Man if you do not cooperate.
http://dui.drivinglaws.org/resources/sobriety-checkpoints-arkansas.htm


"failing to comply could also lead to more problems. While not incriminating yourself by taking a breathalyzer or participating in FSEs, in many states, refusing these can lead to an automatic suspension of your driver’s license "
http://thelaw.tv/news/2013/07/01/dui-checkpoints-know-your-rights/

[segesta]

Maybe I'm lucky, but whenever I have come to a DUI check on one of the bikes they always flag me through without a stop and chat.

I assume that attempting to ride drunk is kind of its own sobriety test?

[Sasquatch Jim]

Of course , the real trick is to not drink and drive , OR have outstanding warrants , OR contraband . Hey Jim , what is the etiquette when pulled over while operating that hopped up chair of yours ? ;D

  Dusty

God afternoon officer, is there a problem, I guess I wasn't watching my speed as well as I should.

[jcctx]

Think it was Jefferson who said something to the effect of; those who would trade a little freedom for a little security will have neither!

[kckershovel]

I believe this only works if you have video recording in your car or a camera on your helmet. If not is broken window ass kicking time.

[Old Jock]

Yup looks like jcctx beat me to the point

Over here in the UK they have no right to stop you unless you have committed an offence or they have "reasonable suspicion" you have been drinking or are drunk.

So what they do is set up a Roadside Safety check and do more or less what they appear to do in the US and they don't just do it at night either. Scotland has lowered its DUI limit, (its now lower than England) and the very first morning it came into force they were out at 6am onwards trying to get somebody who unknowingly was over the limit from the night before using the "vehicle safety check" a tactic that is at best questionable, and they did get convictions.

My point is this is I don't agree with the if "you have nothing to hide why are you worried" brigade it's the thin end of a very long wedge that's been driven in little by little eroding your rights. Its the same over here with speeding, cameras are revenue streams but God help you if you speak up against them , "Your a baby killer".

I just see it as a separate issue, the police are abusing their rights and we are letting them get away with it, the more we acquiesce the more they'll push its a long slow road to a place I don't want to go to or live. I just see it as a totally separate issue to what my opinions are on DUI or speeding. I'm not a cop hater either I've had plenty of contact with them over the years good and bad, but that's people, I respect them and they do a difficult job.

Just MY opinion

[kckershovel]

https://www.youtube.com/watch?v=wRjmvgZX9ak

This was off the same page and is more accurate as to how people are treated when they don't see the camera rolling.

[fotoguzzi]

I believe this only works if you have video recording in your car or a camera on your helmet. If not is broken window ass kicking time.

got a good chuckle from that..

[fotoguzzi]

https://www.youtube.com/watch?v=wRjmvgZX9ak

This was off the same page and is more accurate as to how people are treated when they don't see the camera rolling.

enlightening

[oldbike54]

Me thinks some folks may be confusing rights with privileges extended by the state . No , I am not for heavy handed law enforcement , and believe it or not , neither are most cops , but they are given the responsibility of keeping the roads safe , most take that fairly seriously . Plus , you would be surprised by how many bad guys are caught in simple traffic stops , be they random or planned . No one here was/is more counter culture than me , long hair , obviously not a member of polite society , but I have had cops give me the "sir , take care of that (fill in the blank) problem" and say "have a nice day" repeatedly . A smile goes a long way fellas .

  Dusty

[kckershovel]

    You can tell in the first 30 seconds how things are going to go. I have had some interactions where the officer might as well have just come up and started punching me they were so hostile from word one and other times when I had actually done something wrong the officer was calm talkative and let me go with a smile and a have a nice day. It's just the luck of the draw. I have just been unlucky more often than not and not only with the police.

[kckershovel]

https://www.youtube.com/watch?v=tMoTfLykVcA

Not a dui checkpoint but scary. This was on the news and is cop car dash cam footage. Scary. This is the bad first 30 seconds.

[Rich A]

Can they legally do that?  Aren't they required to have a reason to detain you?   :BEER:
Matt

The guy's note says, "I want my lawyer."