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Dui Checkpoint Refusal


Apteka

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Know your rights

 

[youtube] http://www.youtube.com/watch?v=RjtDoKDIVIw [/youtube]

 

 

[youtube]

http://www.youtube.com/watch?v=HZeGIT_RDsI [/youtube]

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GeorgiiMichael

There's knowing your rights, and there's being a complete tool.

 

The person in these videos (because they sound like the same person) is being a complete tool.

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Basilisa Marie

Except when you get your license, you have to sign a thing that says you agree to any an all intoxication tests. 

 

At least, in my state. 

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Except when you get your license, you have to sign a thing that says you agree to any an all intoxication tests. 

 

At least, in my state. 

of course that assumes you've already been pulled over for probable cause.  that agreement doesn't give cops the right to pull anyone over at any time without probable cause just to breathalyze you.  once they've pulled you over for probable cause, then you must submit to any test according to your license's agreement.

 

a dui checkpoint, though, is usually done under some kinds of statutory authority so I doubt you'd really legally get far for trying to argue that there was no probable cause as the courts would probably favor the checkpoint over the fourth amendment, unfortunately.

 

I mean, I know there's an easy argument that a dui checkpoint helps to prevent bad things from happening on the road, but the fact is there are a ton of things that setting up checkpoints everywhere could prevent, like stopping and frisking people walking down the streets (ala New York), and we have to make the decision as a society as to whether to live in dangerous freedom or safe servitude.

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Semper Catholic

There's knowing your rights, and there's being a complete tool.

 

The person in these videos (because they sound like the same person) is being a complete tool.

 

Cops not knowing the Law and basic civil rights? Color me completely shocked....and you're calling this guy a tool.

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Cops not knowing the Law and basic civil rights? Color me completely shocked....and you're calling this guy a tool.

 

 

they are calling this guy a tool for the way he acted.  someone can be right but still be a jerk about it.  its one thing to say the sky is blue.  its completely another to say "hey idiot who is ugly and fat and lazy, the sky is blue jerk face".  both statements about the sky being blue are correct but one way makes you look like a jerk.

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(Note: I'm not a lawyer, these are my own personal opinions, please see an attorney for any legal advice)

 

Except when you get your license, you have to sign a thing that says you agree to any an all intoxication tests. 

 

At least, in my state. 

 

Are you sure about that? Most field sobriety tests (e.g. standing on one foot, walking forward and back, etc) are extremely inaccurate. About 30% of people fail despite being sober and it could be for anything mundane like having poor balance or just being nervous. In my state a motorist can refuse to take a field sobriety test but refusing to take a breathalyzer at the station means being charged with something equivalent to a DUI. It's important to note that even if you pass a breathalyzer (generally BAC < 0.08), you can still be charged with a DUI if in the officer's subjective opinion you failed the field sobriety tests. For this reason, where possible, many will choose to respectfully decline the field tests and just take the breathalyzer.

 

of course that assumes you've already been pulled over for probable cause.  that agreement doesn't give cops the right to pull anyone over at any time without probable cause just to breathalyze you.  once they've pulled you over for probable cause, then you must submit to any test according to your license's agreement.

 

a dui checkpoint, though, is usually done under some kinds of statutory authority so I doubt you'd really legally get far for trying to argue that there was no probable cause as the courts would probably favor the checkpoint over the fourth amendment, unfortunately.

 

I mean, I know there's an easy argument that a dui checkpoint helps to prevent bad things from happening on the road, but the fact is there are a ton of things that setting up checkpoints everywhere could prevent, like stopping and frisking people walking down the streets (ala New York), and we have to make the decision as a society as to whether to live in dangerous freedom or safe servitude.

 

If you're caught intoxicated at a DUI checkpoint there is no argument for getting out of it. However, as you note a motorist is being stopped without probable cause and so the stay is voluntary. You have the right to avoid the checkpoint, e.g. making a legal U-turn. However if that is impossible or you choose to go through the checkpoint, the officer will ask whether you had anything to drink and it is perfectly legal for you to decline to answer. If they press on, you can simply say, "I would like to leave now, am I being detained?" That indicates that the stop is no longer voluntary.\

 

More info:

 

http://www.motorists.org/dui/roadblock

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Tab'le De'Bah-Rye

I get the guys point if i'm correct that you don't have to answer questions asked by the police in the u.s.a. unless you have a lawyer present. If i was that 1st cop i would have just popped the breathalizer through the window. :)

Edited by Tab'le Du'Bah-Rye
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Tab'le De'Bah-Rye

they are calling this guy a tool for the way he acted.  someone can be right but still be a jerk about it.  its one thing to say the sky is blue.  its completely another to say "hey idiot who is ugly and fat and lazy, the sky is blue jerk face".  both statements about the sky being blue are correct but one way makes you look like a jerk.

 

 

The man was very polite and stayed calm and wasn't a smart ass about it. So how was he a jerk or a tool?

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I get the guys point if i'm correct that you don't have to answer questions asked by the police in the u.s.a. unless you have a lawyer present. If i was that 1st cop i would have just popped the breathalizer through the window. :)

 

As far as I'm aware to administer a breathalyzer requires suspicion of intoxication

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Tab'le De'Bah-Rye

As far as I'm aware to administer a breathalyzer requires suspicion of intoxication

 

 

I don't know bro, i'm from aussie. :) check that one out for me i would like to know.

I'm interested in the u.s and the only show i watch on t.v except recently the first half of an N.R.L final is COPS,lol, because it's reality t.v. I know there are other reality t.v shows in australia like border patrol which is a customs show at the airport, but i don't know the time it's on, i must check that out actually. I think i can handle reality t.v once or twice a week. I can't even handle ewtn daily, fortunately or unfortunately i don't know.

Edited by Tab'le Du'Bah-Rye
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I have the same problem with these types of videos as those who are continually posting the gun related ones. "Evil cops taking away my rights by asking for permits for things that require permits"

 

People need to just grow up and allow the cops to keep the public safe. Its not difficult.

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Most field sobriety tests (e.g. standing on one foot, walking forward and back, etc) are extremely inaccurate.

I contracted viral encephalitis back in 2007, and suffered nerve damage to the left side of my body. I now have tremors in my left arm and leg and so there is no way I could pass a test that requires that I balance on one foot.

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