Sobriety Checkpoints
Extreme HDF Member
Joined: Nov 2006
Posts: 13,702
Likes: 38
From: Houston area
take a nap everyone
Checkpoints are an irritant
Checkpoints are legal
I also find people who drink and drive an irritant
Don't bring up loss of freedoms please....I can only say I am a veteran, a real honest to goodness used real bullets veteran, and I want to know my family from the 2 year olds to the 84 year olds are free from drunks on the road.
Checkpoints are an irritant but they are quicker than the laws of natural selection.
Checkpoints are legal
I also find people who drink and drive an irritant
Don't bring up loss of freedoms please....I can only say I am a veteran, a real honest to goodness used real bullets veteran, and I want to know my family from the 2 year olds to the 84 year olds are free from drunks on the road.
Checkpoints are an irritant but they are quicker than the laws of natural selection.
Extreme HDF Member
Joined: Jun 2007
Posts: 12,653
Likes: 18
From: Broken Arrow, Oklahoma
That would depend on the number of citations issued.
I'm all for convicting and punishing when a law is broken. I am NOT in favor of many of the methods LEO's use. This is a huge subject of which this thread is only touching a small piece of. IMHO - litigation tactics and loopholes routinely used against LEO's have forced the tactics currently used.
That does not mean I am willing to bow down to questioning, searches or whatever else I am asked when I honestly feel there is no probable cause.
When the laws are interpreted the exact same way at a checkpoint as they are during a traffic stop or on my front doorstep, then I will revisit my attitude surrounding these stops.
I'm all for convicting and punishing when a law is broken. I am NOT in favor of many of the methods LEO's use. This is a huge subject of which this thread is only touching a small piece of. IMHO - litigation tactics and loopholes routinely used against LEO's have forced the tactics currently used.
That does not mean I am willing to bow down to questioning, searches or whatever else I am asked when I honestly feel there is no probable cause.
When the laws are interpreted the exact same way at a checkpoint as they are during a traffic stop or on my front doorstep, then I will revisit my attitude surrounding these stops.
I've been a part of a few of these checkpoints, both as an officer, and as a driver. I know it may not be the same in each area, but I've never seen a driver issued a citation as long as a; they weren't drunk, b; they had a valid driver's license, and c; they had valid insurance.
I don't understand why anyone would complain about that.
Outstanding HDF Member
Joined: Mar 2008
Posts: 2,666
Likes: 1
From: East TN
Again, what "rights" are you losing by a DUI checkpoint?
I don't think you'll find that, my friend. If driving is a "right", then why do you have to pass a battery of tests in order to get a license? And then why is it possible to lose that right when you get too many points, etc?
But, you're welcome to search for it, if you wish.
I don't think you'll find that, my friend. If driving is a "right", then why do you have to pass a battery of tests in order to get a license? And then why is it possible to lose that right when you get too many points, etc?
But, you're welcome to search for it, if you wish.
Extreme HDF Member
Joined: Jun 2007
Posts: 12,653
Likes: 18
From: Broken Arrow, Oklahoma
A right doesn't equate to an inherent ability to perform, and does not negate the necessity to prove proficiency for the execution of a right where public safety is concerned, as long as it is applied equally and fairly. Also, we can lose any number of rights when we break certain laws. And, I don't have to search for it...already read it. I've just given ya a hint of some of its content...but, I'm not gonna just feed it to ya...the whole "give a man a fish...teach a man to fish" thingy ya know.
Man, I hate fish.
Outstanding HDF Member
Joined: Mar 2008
Posts: 2,666
Likes: 1
From: East TN
Yeah...me too. Don't get me wrong...I fully support and appreciate our LEO's...just have some problems with the the legislative end of things sometimes. Our lawmakers can be very shortsighted, and intro more probs than they solve at times due to hasty decisions on important matters. Like I said in a response to someone else...the sobriety checkpoints have already been used to defend some practices that I think most of us here would not defend.
Banned
Joined: Jul 2009
Posts: 54
Likes: 0
From: Acworth, GA
I've been a part of a few of these checkpoints, both as an officer, and as a driver. I know it may not be the same in each area, but I've never seen a driver issued a citation as long as a; they weren't drunk, b; they had a valid driver's license, and c; they had valid insurance.
I don't understand why anyone would complain about that.
I don't understand why anyone would complain about that.
Officer: "Have you been drinking"
Me: "No - but my fiance sitting next to me has"
Officer: "Step out of the car"
Me: upon seeing the officer pull a breathalyzer out of his pocket "What is that for"
Officer: "I need to check to see if you are safe"
Me: "I have not been drinking"
Officer: "I have to check"
Me: "I'm not interested in submitting to any tests at this point in time"
Officer: "You're under arrest for DUI"
Me: "OK"
In Georgia, no Miranda requirement if arrested at a safety checkpoint, no requirement to inform me of any rights or consequences related to refusals until after execution of the arrest.
Sorry to say that in the above scenario the burden of proof is on ME.
Had I been stopped while driving the scenario would have been very different with completely different requirements for the officer. THAT is the main problem I have with these checkpoints.
Outstanding HDF Member
Joined: Oct 2007
Posts: 3,227
Likes: 5
A lot of good points being made here and no I don't have the answer. I do see road blocks/check points as an infringement of our rights. I don't like them and most times not very cooperative but not uncooperative either.
Has anyone noticed the crash reports and this so and so's 3rd DUI. Or in one case down here it was a guys 5th DUI. Of course he had no driver's license or insurance. It is people like this making it tough for the rest of us and the one's causing the mayhem.
Yes, I drink. A couple of beers over a couple of hours on the scoot. At dinner parties, a little more. Of course they're usually 3-5 hours long. So the question is, How do we get and keep the drunks off the road?
Has anyone noticed the crash reports and this so and so's 3rd DUI. Or in one case down here it was a guys 5th DUI. Of course he had no driver's license or insurance. It is people like this making it tough for the rest of us and the one's causing the mayhem.
Yes, I drink. A couple of beers over a couple of hours on the scoot. At dinner parties, a little more. Of course they're usually 3-5 hours long. So the question is, How do we get and keep the drunks off the road?
Extreme HDF Member
Joined: Jun 2007
Posts: 12,653
Likes: 18
From: Broken Arrow, Oklahoma
At a "safety" checkpoint -
Officer: "Have you been drinking"
Me: "No - but my fiance sitting next to me has"
Officer: "Step out of the car"
Me: upon seeing the officer pull a breathalyzer out of his pocket "What is that for"
Officer: "I need to check to see if you are safe"
Me: "I have not been drinking"
Officer: "I have to check"
Me: "I'm not interested in submitting to any tests at this point in time"
Officer: "You're under arrest for DUI"
Me: "OK"
In Georgia, no Miranda requirement if arrested at a safety checkpoint, no requirement to inform me of any rights or consequences related to refusals until after execution of the arrest.
Sorry to say that in the above scenario the burden of proof is on ME.
Had I been stopped while driving the scenario would have been very different with completely different requirements for the officer. THAT is the main problem I have with these checkpoints.
Officer: "Have you been drinking"
Me: "No - but my fiance sitting next to me has"
Officer: "Step out of the car"
Me: upon seeing the officer pull a breathalyzer out of his pocket "What is that for"
Officer: "I need to check to see if you are safe"
Me: "I have not been drinking"
Officer: "I have to check"
Me: "I'm not interested in submitting to any tests at this point in time"
Officer: "You're under arrest for DUI"
Me: "OK"
In Georgia, no Miranda requirement if arrested at a safety checkpoint, no requirement to inform me of any rights or consequences related to refusals until after execution of the arrest.
Sorry to say that in the above scenario the burden of proof is on ME.
Had I been stopped while driving the scenario would have been very different with completely different requirements for the officer. THAT is the main problem I have with these checkpoints.
I hear ya. Some times there are issues that should not happen.
BTW, Miranda is only required if you're going to be interrogated and those statements used in court. Otherwise, no Miranda Warning is required, even if arrested.
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Banned
Joined: Jul 2009
Posts: 54
Likes: 0
From: Acworth, GA
Yeah...me too. Don't get me wrong...I fully support and appreciate our LEO's...just have some problems with the the legislative end of things sometimes. Our lawmakers can be very shortsighted, and intro more probs than they solve at times due to hasty decisions on important matters. Like I said in a response to someone else...the sobriety checkpoints have already been used to defend some practices that I think most of us here would not defend.
My fiance and I have both gone through the local Citizens Police Academy program and actually do as much as we can to support our local law enforcement. The faults I feel that currently exist in the system are not to be blamed on individual LEO's.
Ultimate HDF Member
Joined: Nov 2007
Posts: 6,975
Likes: 12
From: NJ
Where's the righteous indignation when you go through the screening and random searches at airports. Shoes off, luggage gone through piece by piece, pat down search. Not to mention the random **** testing that takes place in many different occupations across the country.
And yet it's a big deal to get stopped for a few seconds by the cops.
If the officer can't develop reasonable suspicion in those few seconds while just talking to you, you're on your way. Obviously, many drivers who are legally over the limit get through such a quick screen. Hence imo, the real value of the checkpoint is it's deterrent effect.
I like them and wish there were more. Cry me a river
And yet it's a big deal to get stopped for a few seconds by the cops.
If the officer can't develop reasonable suspicion in those few seconds while just talking to you, you're on your way. Obviously, many drivers who are legally over the limit get through such a quick screen. Hence imo, the real value of the checkpoint is it's deterrent effect. I like them and wish there were more. Cry me a river