DUI Checkpoint refusal

Nomar · Feb 21, 2012

NikeCheck246 · Feb 21, 2012

So you don't have to answer the questions?

Nomar · Feb 21, 2012

http://flexyourrights.org/our_DVDs

ptschram · Feb 21, 2012

NikeCheck246 said:
So you don't have to answer the questions?

It's called the fifth amendment. However, there is a good risk that one will be detained for up to 48 hours.

And, it's also likely you will lose your license for a minimum of 60 days.

But, you do have the right to remain silent-one that I seem to be unable to exercise.

az_max · Feb 21, 2012

ptschram said:
It's called the fifth amendment. However, there is a good risk that one will be detained for up to 48 hours.

And, it's also likely you will lose your license for a minimum of 60 days.

But, you do have the right to remain silent-one that I seem to be unable to exercise.

They'd yank you out and give you a field sobriety test here. If you refused that, they would detain you, get a warrant and draw blood.

knewsom · Feb 21, 2012

Or you could just not drive drunk...

Nomar · Feb 21, 2012

Yeah, I'd recommend you be stone-cold sober if you try this at a checkpoint.

And obviously, a checkpoint is a world apart from being pulled over...

ptschram · Feb 21, 2012

az_max said:
They'd yank you out and give you a field sobriety test here. If you refused that, they would detain you, get a warrant and draw blood.

In my county, they don't need a warrant. All of the sheriffs have been trained as phlebotomists and they draw blood for EVERY suspected DUI.

I was stopped at a roadblock and of course, started flapping my lips.

Cops came out of the woodwork when I told them I'd been drinking-iced tea.

ptschram · Feb 21, 2012

Nomar said:
Yeah, I'd recommend you be stone-cold sober if you try this at a checkpoint.

And obviously, a checkpoint is a world apart from being pulled over...

Eggsactly. A checkpoint implies a lack of reasonable suspicion.

Drillbit · Feb 21, 2012

Pt, don't you legally have to tell them if you have a firearm? Here that is a condition of your concealed permit. In Kentucky there is also an "implied consent" law that says that by driving you are consenting to take a BAC test. If you refuse it's 90 day suspension and some jail time they usually suspend.

Nomar · Feb 21, 2012

ptschram said:
Eggsactly. A checkpoint implies a lack of reasonable suspicion.

Yep, they're just fishin' at a checkpoint.

ptschram · Feb 21, 2012

Drillbit said:
Pt, don't you legally have to tell them if you have a firearm? Here that is a condition of your concealed permit. In Kentucky there is also an "implied consent" law that says that by driving you are consenting to take a BAC test. If you refuse it's 90 day suspension and some jail time they usually suspend.

Not in Indiana. However, it does come up on the Spillman check.

AU_88 · Feb 21, 2012

Drillbit said:
Pt, don't you legally have to tell them if you have a firearm? Here that is a condition of your concealed permit. In Kentucky there is also an "implied consent" law that says that by driving you are consenting to take a BAC test. If you refuse it's 90 day suspension and some jail time they usually suspend.

The police officer I bought my IIa from told me that I should not tell the officer if I have a gun in my truck because they would back door register it. He liked privacy.

The police can basically do what they want. If you refuse they will find a way to find out or punish you. Alabama is an open carry state, and I was talking to a co-worker the other day who was a PO for 10 years, he said he would arrest me for open carry. I said I would not have broken any laws, nor am I a felon or have committed any violent crimes, he replied that the officer would find some reason to take me to jail. To me this represents a major ethics issue. Anyone else?

jhmover · Feb 21, 2012

Robert Alley said:
The police officer I bought my IIa from told me that I should not tell the officer if I have a gun in my truck because they would back door register it. He liked privacy.

The police can basically do what they want. If you refuse they will find a way to find out or punish you. Alabama is an open carry state, and I was talking to a co-worker the other day who was a PO for 10 years, he said he would arrest me for open carry. I said I would not have broken any laws, nor am I a felon or have committed any violent crimes, he replied that the officer would find some reason to take me to jail. To me this represents a major ethics issue. Anyone else?

What's his name Wyatt Earp IV?

SlowChevy07 · Feb 21, 2012

Robert Alley said:
The police officer I bought my IIa from told me that I should not tell the officer if I have a gun in my truck because they would back door register it. He liked privacy.

The police can basically do what they want. If you refuse they will find a way to find out or punish you. Alabama is an open carry state, and I was talking to a co-worker the other day who was a PO for 10 years, he said he would arrest me for open carry. I said I would not have broken any laws, nor am I a felon or have committed any violent crimes, he replied that the officer would find some reason to take me to jail. To me this represents a major ethics issue. Anyone else?

They can arrest you for whatever BS they want.... the charge sticking is something completely different.....and they may have a very nice lawsuit coming their way if the arrest is without probable cause.

AU_88 · Feb 21, 2012

SlowChevy07 said:
They can arrest you for whatever BS they want.... the charge sticking is something completely different.....and they may have a very nice lawsuit coming their way if the arrest is without probable cause.

That was the point I was making, he said I would waste a lot of money. I would rather spend money fighting for mine and others rights then let that slide.

jhmover · Feb 21, 2012

speaking of this...... Wisconsin Supreme Court will hear case in which driver refused chemical testing

Howski · Feb 21, 2012

Robert Alley said:
The police can basically do what they want. If you refuse they will find a way to find out or punish you. Alabama is an open carry state, and I was talking to a co-worker the other day who was a PO for 10 years, he said he would arrest me for open carry. I said I would not have broken any laws, nor am I a felon or have committed any violent crimes, he replied that the officer would find some reason to take me to jail. To me this represents a major ethics issue. Anyone else?

I just read an article in the paper up here about this happening. Sheriff said he's trained his officers to "challenge anyone they see carrying a weapon openly". Grill somebody who is following the law, perfect

SlowChevy07 · Feb 21, 2012

Robert Alley said:
That was the point I was making, he said I would waste a lot of money. I would rather spend money fighting for mine and others rights then let that slide.

I know from first hand experience that this does happen all the time..... Its absolutely BS, and there should be serious consequences for their actions.... But that rarely happens.

quick128 · Feb 21, 2012

Why refuse a check point if you're sober? Just to prove a point? don't people realize why we do them? Its not like there's a guy standing behind putting a dollar in my pocket everytime a car comes through. Everyone I work with has a genuine desire to keep drunks off the road.

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