Glock Talk

Glock Talk (http://glocktalk.com/forums/index.php)
-   The Okie Corral (http://glocktalk.com/forums/forumdisplay.php?f=29)
-   -   No Refusal DWI Checkpoints (http://glocktalk.com/forums/showthread.php?t=1460548)

Random 12-28-2012 09:08

No Refusal DWI Checkpoints
 
Now, I'm against checkpoints in general. By my luck of the draw I've never met an honest cop at any of them. Like 'em or not sometimes you have to tip your hat.

I really dig where refusing to take a breathalyzer equals enough probable cause for a judge to sign a warrant giving them permission to take your blood by force. That is pimp.

http://www.wwltv.com/news/Holiday-DW...184986081.html

NEW ORLEANS -- "Drive sober or get pulled over." Louisiana State Police are backing up that slogan with action in the form of DWI checkpoints across the state during the ramp up to New Years Eve.

Checkpoints were scheduled in Terrebonne and Tangipahoa parishes Thursday night.

"We will have additional state police troopers that will be at the checkpoints," said Trooper Melissa Matey. "We'll also be working with other area law enforcement agencies that will assist on those checkpoints."

Many of the DWI checkpoints across the state across the state will be no refusal. That means law enforcement will be able quickly get a search warrant to take a blood sample from a suspected drunk driver who refuses to take a breathalyzer test.

"We produce a search warrant for the judge to sign showing that we have probable cause," said Matey. "Once the judge signs that warrant, then at that point we're able to take blood from that individual."

The Louisiana ACLU opposes the no-refusal policy.

"Of course, everybody has an obligation not to drive impaired and potentially harm someone else," said LA ACLU Executive Director Marjorie Esman. "The question is whether this is an appropriate use of governmental power to take people's blood without their consent."

New Orleans, where more than a third of the fatal accidents are alcohol related, has yet to implement no refusal. But the city's top cop says the practice has merit.

"It's being done by virtually all the parishes in the state and we're looking at for our city," said NOPD Superintendent Ronal Serpas. "What it does, it further incentivizes you, under the implied consent law, to take the breath test."

Serpas said all of his traffic officers, including the motorcycle patrol are engaged in DWI enforcement during the holiday season.

State police in Troop B who patrol the New Orleans area are expected to set up a DWI checkpoint sometime during the four day New Year's Eve weekend.

Averageman 12-28-2012 09:16

This is why when I drink, I stay at home.
New Oleans at New Years falls under the catagory of stupid stuff about to happen.

w30olds 12-28-2012 10:07

I went through one of the GA State Patrol checkpoints last weekend. Let's just say they were not the most pleasant officers to deal with. I pull up and when it was my turn the first question was "How much have you had to drink?" Really??? Guess they automatically assume you've been in the sauce all day.

So I replied "1 Mountain Dew." Obviously it pissed off the cop. I was wearing my seatbelt, have valid ID and insurance. Not much they could do.

It was setup in a curve in the road with nowhere to turn off. Total ambush. so once you rounded the curve bam! Your in the roadblock with nowhere to go.

I don't mind them, but damn be a little more professional about the way you conduct yourselves!

M&P15T 12-28-2012 10:11

Stay home, have a few drinks, enjoy the New Year.

New Years Eve is rookie party night.

jfost11 12-28-2012 10:19

Having a license in VA is considered implied consent. If you refuse a breath test, you immediately lose your license for 7 days the first time, 60 days or until trial on the second and 60 on the third refusal. A refusal conviction means you will lose your license for a year without possibility of a restricted license on the first offense, unlike a DWI conviction. VA wants money from the Alcohol Safety Action Program that anyone convicted of DWI will have to take if they want a restricted license. On top of the refusal charge, all of the geniuses I know that have refused were still charged with a DWI.

At least Louisiana just goes after the blood to get the drunk driving charge. Someone trying to be cute and refusing just to yell "Are you detaining me?" can end up worse off here than someone under the influence.

As Averageman stated, I'll stay at home or have my wife drive. New Years and drunk driving are just stupid. I have no doubt that I'll see 20 units on my way home from work Monday night.

WarCry 12-28-2012 10:30

Quote:

Originally Posted by w30olds (Post 19789425)
I went through one of the GA State Patrol checkpoints last weekend. Let's just say they were not the most pleasant officers to deal with.

...


So I replied "1 Mountain Dew." Obviously it pissed off the cop.

I'm just completely spitballing here, but perhaps standing out, likely where it's not too comfortable environment-wise (i.e. likely cold) for hours and hours on end hearing smart-ass comments like this one from dozens of drivers, MAYBE that what made them "not the most pleasant officers"? Possible? I've go through checkpoints and was polite to the officers and got polite back.


Quote:

Originally Posted by w30olds (Post 19789425)
It was setup in a curve in the road with nowhere to turn off. Total ambush. so once you rounded the curve bam! Your in the roadblock with nowhere to go.

This is the "better mousetrap" issue. Checkpoints are designed to catch drunk drivers. Drunk drivers, for obvious reasons, don't want to get caught. Where checkpoints used to set up in the open, enough drunks learned to avoid them. Now the cops have to play smarter.

Quote:

Originally Posted by w30olds (Post 19789425)
I don't mind them, but damn be a little more professional about the way you conduct yourselves!

Again, back to the first point, maybe if you acted a little more civilly, they would, too.

A quick tale, the last checkpoint I went through was set up by the Illinois State Police, at the bottom of an exit ramp off the interstate (long ramp, lots of trees between the interstate and the cross-road). It was 2:00am, and I slowed down, rolled down my window. Wife in the right seat, child in the back, sleeping. Trooper leaned in (likely doing a sniff-test) and asked where we were coming from. I told him we'd been at the drive in movies, at which point he had the unmitigated gall to ask the intrusive question: "Whaddya see?".

Never asked for my ID - they were either looking for drunks and I obviously wasn't, or they were looking for someone specific and I didn't match the description - had about 30 seconds of conversation, and then I was gone.



Amazing what a little civility will get you.

Diesel McBadass 12-28-2012 10:37

never seen a checkpoint before, but i dont drink and drive so got no problem with them, if you feel you may have had too much, wait, take a cab, whatever.

Drain You 12-28-2012 10:40

This is why I only do cocaine when I'm out partying.

ancient_serpent 12-28-2012 10:40

I'll comply with any rules as far as driving go, but it's no ones damned business where I've been.
FWIW, I'm happy to comply with the breathalyzer. Just don't figure it's anyones concern what I've been doing.

Averageman 12-28-2012 10:41

I got pulled over driving to see some family in Arizona a couple of years back.
The officer asked if I had been drinking, it was after all 3 am and I might have been weaving a bit as I had been driving for 13 hours and had spent the last 3 in an ice storm in New Mexico; I answered "No Sir". I told him I had my pistol on me, showed my licence, CCP and insurance and was on my way in 5 minutes.
I don't want the job, I dont begrudge them the occasional attitude either.

RenoF250 12-28-2012 10:43

I think they are idiotic. "PAPERS! Vere are your papers?" I hate drunk driving but that is not the way to go about it. Around here the cops hang out at the bars and watch people get in their cars, at least then they have some reason to check. I do not need to be harassed when I have done nothing wrong.

lunarspeak 12-28-2012 10:43

so your saying we should be more relaxed on fighting driveing while intoxicated???????

OctoberRust 12-28-2012 10:45

http://m.youtube.com/#/watch?v=ILqc0...%3DILqc0DMh84k

ancient_serpent 12-28-2012 10:49

No, not at all! I completely support DWI checkpoints. I'll be the first to tell anyone that in driving on pubic roads, you accept that you may be subject to such checkpoints. A state official asking to see a state issued drivers license is not a big deal to me.
What I don't like is when anyone goes beyond that. I simply think that's inappropriate and would respond the same to anybody that it's not their concern.

kensb2 12-28-2012 10:51

In OK, refusing to take a FST results in an automatic 180 day to 3 year revocation of your driver's license depending on driving record), even if you aren't ultimately found guilty of DUI/DWI. Damn!

Spiffums 12-28-2012 10:55

How many times do they get to stick ya? Most nurses give up on me after the 3rd time. I usually tell them off the bat that they got to get it outta my hand.....if they wanna hit a vein lol

johnd 12-28-2012 11:00

Im a LEO and volunteer for every DUI checkpoint that comes our way. Id work them for free if that was the deal.
I guess the OP first few lines says it all..."never met an honest cop".
Suffuce to say that "we" get the killers off the roads and thats probably the most effective way of doing that.
I usually work the line and "we" all know all the tricks of the drinkers to hide their guilt.
If you havent been drinking then theres nothing to fear. if you have then the penalties are never enough.


>>>If you saw the carnage DUI causes, not to the DUI ciminal but to the victims they hit, you would feel a whole lot different for sure. We have a neighbor whose daughter was hit head on by a DUI on her prom night some 20 years ago...her date was killed outright, he was the lucky one...shes still a vegetable and fed only through a tube. She will never dance, date or have kids or go anywhere or see anything, never enjoy anything or communicate again .....EVER.
The DUI himself did 8 years and was out and back into society no doubt to wreak more death and destruction on the roads again.

RE refusal...here in FLA a refusal is an automatic charge and loss of license. Its great when they refuse as it saves all the court costs etc AND....a refusal means they cant even get a Cinderella license to drive to work....great!
Only one State I know of, NJ, is charging DUI homicides as murder >>>>>we need all 50 States to do this<<<<

WarCry 12-28-2012 11:05

Quote:

Originally Posted by ancient_serpent (Post 19789552)
I'll comply with any rules as far as driving go, but it's no ones damned business where I've been.
FWIW, I'm happy to comply with the breathalyzer. Just don't figure it's anyones concern what I've been doing.

You realize the answers don't matter, right? Just like the question doesn't matter. They cop is doing 2 things: Trying to get you to talk so he can tell if there's alcohol on your breath, and trying to see if you break into a cold sweat and start to panic in the face of the question.

Tell him you've been at a bar - I do, all the time. I don't drink, but I hang out with friends. Tell him you were at Walmart. Tell him you were in the park practicing your cartwheels. He doesn't give a damn where you were.

w30olds 12-28-2012 11:15

Quote:

Originally Posted by WarCry (Post 19789519)
I'm just completely spitballing here, but perhaps standing out, likely where it's not too comfortable environment-wise (i.e. likely cold) for hours and hours on end hearing smart-ass comments like this one from dozens of drivers, MAYBE that what made them "not the most pleasant officers"? Possible? I've go through checkpoints and was polite to the officers and got polite back.




This is the "better mousetrap" issue. Checkpoints are designed to catch drunk drivers. Drunk drivers, for obvious reasons, don't want to get caught. Where checkpoints used to set up in the open, enough drunks learned to avoid them. Now the cops have to play smarter.



Again, back to the first point, maybe if you acted a little more civilly, they would, too.

A quick tale, the last checkpoint I went through was set up by the Illinois State Police, at the bottom of an exit ramp off the interstate (long ramp, lots of trees between the interstate and the cross-road). It was 2:00am, and I slowed down, rolled down my window. Wife in the right seat, child in the back, sleeping. Trooper leaned in (likely doing a sniff-test) and asked where we were coming from. I told him we'd been at the drive in movies, at which point he had the unmitigated gall to ask the intrusive question: "Whaddya see?".

Never asked for my ID - they were either looking for drunks and I obviously wasn't, or they were looking for someone specific and I didn't match the description - had about 30 seconds of conversation, and then I was gone.



Amazing what a little civility will get you.

For the record I wasn't being a smart ass. He asked and I told him. He had an attitude from the beginning and I tried to be polite, but he wasn't. I don't care about him standing for hours dealing with rude drivers. Thats his job. If he didn't like the conditions maybe he should have found another line of work.


Sent from my iRotary Phone

Kingarthurhk 12-28-2012 11:15

When the Bill of Rights was ratified in 1791, the right to drive a vehicle wasn't one of them. In fact, making moonshine without a proper tax stamp got Washington and Shay into a fracas soon thereafter as well.

I used to have to deal with these all the time when I was going to University. The checkpoints were always at all the entrances and exits of the University. I didn't begrudge them for what they did. I never drove drunk, and the checkpoints made a good deterant.

Personally, I think if you drive drunk, you should be treated no less as if you picked up an AK on New Years E
Eve after having been in the sauce and went randomly shooting in any direction you pleased in your neighborhood.

I fail to see a constructive difference. If you decide to get drunk and get into a 5 ton vehicle and point it at the general public, I have zero sympathy for you.

One interesting "political" aspect of DWI checkpoints in the State of New Mexico a few years back, they netted more hispanics driving drunk, so an hispanic judge threw out all their convictions, stating they hadn't arrested enough white people driving drunk.

Of ource, if you know anything about that state, it is pretty much divided in half between white people and hispanics. It may even be tipped over statistically in the direction of the hispanic population.

Either way, DWI is has reached epidemic proportion in that state, and seeing whole families wiped out by a multi-convicted drunk driver is not uncommon. That is why you'll notice it costs more to insure vehicles in that state.

So, do I feel any sympathy, for "They checked to make sure I had my driver's licence and registration and then made sure I was safe to drive, so it made me cry"? Nope.

ray9898 12-28-2012 11:32

Quote:

Originally Posted by Random (Post 19789225)
I really dig where refusing to take a breathalyzer equals enough probable cause for a judge to sign a warrant giving them permission to take your blood by force. That is pimp.

I don't think you are comprehending what you read.

Submitting to the breath test is part of the implied consent agreement you entered into when you obtained your drivers license. If you refuse the breath test LE can still obtain the evidence by blood draw with a search warrant as long as they can show the judge probable cause exists which indicates intoxication and the evidence showing the level in the blood would support that charge.

Refusing the breathalyzer is not what gives the probable cause for the warrant, the indicators of intoxication and probable cause needed for arrest are. No different that a request to take any other type of sample such as DNA, bite impressions, hair samples, ect.

RussP 12-28-2012 11:36

Quote:

Originally Posted by Random (Post 19789225)
Now, I'm against checkpoints in general. By my luck of the draw I've never met an honest cop at any of them. Like 'em or not sometimes you have to tip your hat....

Why don't you just show them your badge and maybe get some professional courtesy?

:cool:

RussP 12-28-2012 11:40

Quote:

Originally Posted by w30olds (Post 19789679)
...I don't care about him standing for hours dealing with rude drivers. Thats his job. If he didn't like the conditions maybe he should have found another line of work.

:rofl: People never get tired of using that line, do they...

certifiedfunds 12-28-2012 11:43

This is funny. Yeah the founders didn't consider traveling a right. Lol

OctoberRust 12-28-2012 11:45

Quote:

Originally Posted by certifiedfunds (Post 19789773)
This is funny. Yeah the founders didn't consider traveling a right. Lol

:rofl::rofl:

Gotta love gt double standards.


All times are GMT -6. The time now is 01:18.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Copyright 2013, Glock Talk, All Rights Reserved.