GlockTalk.com
Home Forums Classifieds Blogs Today's Posts Search Social Groups



  
SIGN-UP
Notices

Glock Talk
Welcome To The Glock Talk Forums.
Closed Thread
 
Thread Tools Display Modes
Old 12-28-2012, 09:08   #1
Random
AtticRat
 
Join Date: May 2001
Location: New Orleans
Posts: 1,326
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.
Random is offline  
Old 12-28-2012, 09:16   #2
Averageman
Senior Member
 
Join Date: Oct 2011
Posts: 2,012
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.
Averageman is offline  
Old 12-28-2012, 10:07   #3
w30olds
Senior Member
 
w30olds's Avatar
 
Join Date: Mar 2003
Location: Braselton, GA
Posts: 2,601
Send a message via AIM to w30olds
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!
__________________
It's not an assault rifle, it's a homeland defense weapon.

Goodness and Mercy shall follow me all the days of my life. I shall dwell in the house of the Lord forever.
-Psalm 23:6
w30olds is offline  
Old 12-28-2012, 10:30   #4
WarCry
Senior Member
 
WarCry's Avatar
 
Join Date: Jan 2009
Location: IL, on the banks of the Muddy River
Posts: 7,213
Quote:
Originally Posted by w30olds View Post
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 View Post
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 View Post
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.
__________________
"If you have something to say, now would be a perfect time to keep it to yourself." --Col. Chester Phillips
"If you believe everything you read, better not read." --Japanese proverb
WarCry is offline  
Old 12-28-2012, 10:37   #5
Diesel McBadass
Tactically Epic
 
Diesel McBadass's Avatar
 
Join Date: Apr 2011
Location: Maine
Posts: 4,836
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.
__________________
Rest In Peace Silent_Runner.
Diesel McBadass is offline  
Old 12-28-2012, 10:43   #6
lunarspeak
Senior Member
 
lunarspeak's Avatar
 
Join Date: Jul 2005
Location: north carolina
Posts: 1,573
so your saying we should be more relaxed on fighting driveing while intoxicated???????
lunarspeak is offline  
Old 12-28-2012, 15:04   #7
DanaT
Pharaoh
 
DanaT's Avatar
 
Join Date: Feb 2005
Location: CO & Baden –Württemberg
Posts: 15,818
Blog Entries: 1
Quote:
Originally Posted by w30olds View Post
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.

Quote:
Originally Posted by WarCry View Post
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 Officer X View Post
Even if you feel you are smarter than everyone else (including cops), and play games about doing roadside testing (I have actually let people go after this), I have had enough training and experience to determine and articulate probable cause to place you.
The bold statement in the context of the thread and “playing games.”

So, in the English language, a paragraph is a group of sentences that are linked together to define a single point. Since you put “I have actually let people go” and “playing games” in a paragraph with “articulate probable cause to arrest you” they are linked together to form a single point. So, you have admitted to letting people go, which I suspect means that you found that they were not guilty, and tying that point together with probable cause. Likewise you have said “playing games” and linking that to probable cause. Furthermore, in the context of the thread, which some think the answer of “1 mountain dew” as a “smart-ass” answer to “how much have you had to drink” it is quite clear that if you don’t like how someone answers your question, you will fabricate probable cause.
__________________
Quote:
Twice a week? 14 times a month?
Quote:
2x4=8, not 14.
Many of the truths that we cling to depend on our point of view.
DanaT is offline  
Old 12-28-2012, 15:17   #8
Officer X
Senior Member
 
Join Date: Dec 2008
Location: The Garden State
Posts: 1,303
For the reading impaired:

I have let people go who have cooprated where upon further testing, it was my belief that you were not, or I could not prove DWI. Those drivers were thanked for their cooperation and time, issued the appropriate summons or warning and sent on their way.

If someone wanted to "play games" and not cooperate or be a b-ll buster, If I had enough PC on my observations, I would articulate those in my report to testify in court. Just because someone doesn't want to cooperate doesn't mean you get a free pass.

To be clear :
Articulate-


adj.
1. Endowed with the power of speech.
2. Composed of distinct, meaningful syllables or words, as human speech.
3. Expressing oneself easily in clear and effective language: an articulate speaker.
4. Characterized by the use of clear, expressive language: an articulate essay.
5. Anatomy Consisting of sections united by joints; jointed.

Fabricate-


1. to make, build, or construct
2. to devise, invent, or concoct (a story, lie, etc.)
3. to fake or forge
[from Latin fabricāre to build, make, from fabrica workshop; see fabric]

It seems that you are using your own prejudice to twist my words to fit your definition.
Officer X is offline  
Old 12-29-2012, 01:20   #9
goldenlight
Senior Member
 
goldenlight's Avatar
 
Join Date: Apr 2007
Posts: 5,743
Quote:
Originally Posted by WarCry View Post



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.
This.

Mouthing off to a LEO, even in a small way, is just plain stupid. I was told, by MANY different people, to say 'yes sir', and 'no sir'. Answer questions, as simply as possible. Don't say anything you don't need to. If you haven't been drinking, he'll let you go. He'll let you go quicker if you don't mouth off to him.
__________________
Suppose you were an idiot. And suppose you were a member of Congress... but then I repeat myself.
-Mark Twain
goldenlight is offline  
Old 12-29-2012, 08:00   #10
DanaT
Pharaoh
 
DanaT's Avatar
 
Join Date: Feb 2005
Location: CO & Baden –Württemberg
Posts: 15,818
Blog Entries: 1
Quote:
Originally Posted by goldenlight View Post
This.

Mouthing off to a LEO, even in a small way, is just plain stupid. I was told, by MANY different people, to say 'yes sir', and 'no sir'. Answer questions, as simply as possible. Don't say anything you don't need to. If you haven't been drinking, he'll let you go. He'll let you go quicker if you don't mouth off to him.
I have never had an LEO refer to me by my properly title so why should I extend them the formality of calling them "sir"?
__________________
Quote:
Twice a week? 14 times a month?
Quote:
2x4=8, not 14.
Many of the truths that we cling to depend on our point of view.
DanaT is offline  
Old 12-29-2012, 08:14   #11
certifiedfunds
Platinum Membership
Tewwowist
 
certifiedfunds's Avatar
 
Join Date: Apr 2008
Location: NYC
Posts: 39,667


Quote:
Originally Posted by goldenlight View Post
This.

Mouthing off to a LEO, even in a small way, is just plain stupid. I was told, by MANY different people, to say 'yes sir', and 'no sir'. Answer questions, as simply as possible. Don't say anything you don't need to. If you haven't been drinking, he'll let you go. He'll let you go quicker if you don't mouth off to him.
That's pathetic. Were you taught to bow as well?
certifiedfunds is offline  
Old 12-29-2012, 07:58   #12
Kevin108
HADOKEN!
 
Kevin108's Avatar
 
Join Date: Mar 2005
Location: Portsmouth, VA
Posts: 6,935


Quote:
Originally Posted by WarCry View Post
Again, back to the first point, maybe if you acted a little more civilly...
Sounds like he's civilly displaying his discontentment with the violation of his 4th Amendment rights.
__________________
Kevin108.com | OpenCarry.org | VCDL.org

Those who would give up Essential Liberty to purchase a
little Temporary Safety, deserve neither Liberty nor Safety.
_____- Ben Franklin
Kevin108 is offline  
Old 12-30-2012, 14:38   #13
Palmguy
Boom.
 
Palmguy's Avatar
 
Join Date: Oct 2006
Location: NW FL
Posts: 2,227
nevermind

Last edited by Palmguy; 12-30-2012 at 14:39..
Palmguy is offline  
Old 12-28-2012, 13:37   #14
Pawcatch@aol.co
Senior Member
 
Join Date: Sep 2001
Location: West Georgia
Posts: 1,172
Quote:
Originally Posted by w30olds View Post
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!
The only road blocks that you ever see in my county are done by the Ga Sate Patrol.It's a rural county where everyone knows the Sheriff and Deputies doing a road block doesn't fly.
We have one trooper in this county that is known to come to an accident and just take over from the local leo.
Pawcatch@aol.co is offline  
Old 12-28-2012, 13:47   #15
OctoberRust
Anti-Federalist
 
Join Date: Jun 2011
Location: Texas
Posts: 5,642
Hey why not just real the fourth and fifth amendment. I mean if you have nothing to hide what's the harm, right?

Also to those who are for checkpoints, it starts little like this, just how like you very same people like too preach when govt takes a look at gun control and then all of a sudden any little step for security by giving up freedoms you don't want to do. I love the gt double standards here. If it doesn't affect me, I'm all for repealing liberties, by golly though, if it does give me liberty or death!
OctoberRust is offline  
Old 12-28-2012, 13:51   #16
John Rambo
Raven
 
Join Date: Feb 2010
Location: Tampa, Fl.
Posts: 8,006
Quote:
Originally Posted by OctoberRust View Post
Hey why not just real the fourth and fifth amendment. I mean if you have nothing to hide what's the harm, right?

Also to those who are for checkpoints, it starts little like this, just how like you very same people like too preach when govt takes a look at gun control and then all of a sudden any little step for security by giving up freedoms you don't want to do. I love the gt double standards here. If it doesn't affect me, I'm all for repealing liberties, by golly though, if it does give me liberty or death!
Thats the prevailing attitude on Glocktalk. Most of these posters are VERY anti-liberty. They're just pro-2A.
John Rambo is offline  
Old 12-28-2012, 14:04   #17
Kingarthurhk
Isaiah 53:4-9
 
Kingarthurhk's Avatar
 
Join Date: Sep 2010
Location: Texas
Posts: 7,575
Quote:
Originally Posted by OctoberRust View Post
Hey why not just real the fourth and fifth amendment. I mean if you have nothing to hide what's the harm, right?

Also to those who are for checkpoints, it starts little like this, just how like you very same people like too preach when govt takes a look at gun control and then all of a sudden any little step for security by giving up freedoms you don't want to do. I love the gt double standards here. If it doesn't affect me, I'm all for repealing liberties, by golly though, if it does give me liberty or death!
It is perfectly legal to check for inspection stickers, proper licensing, proof of insurance, and driver's license. Neither of those things are your property.
__________________
Glock 17, 19, 20SF, 21C, 22, 26, 27, Glock E-Tool, Glock knife
Quod ego haereticus appellari sequere Jesum.
Kingarthurhk is offline  
Old 12-28-2012, 10:19   #18
jfost11
Senior Member
 
jfost11's Avatar
 
Join Date: Aug 2012
Location: In the woods, VA
Posts: 956
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.
jfost11 is offline  
Old 12-28-2012, 21:06   #19
JuneyBooney
Senior Member
 
JuneyBooney's Avatar
 
Join Date: Feb 2009
Location: Northern Virginia
Posts: 15,363
Quote:
Originally Posted by Averageman View Post
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.
That is the only smart way. I have never been hassled at a checkpoint in my life. I do find the long lines to be a pain though.
JuneyBooney is offline  
Old 12-28-2012, 10:11   #20
M&P15T
Beard One
 
M&P15T's Avatar
 
Join Date: Apr 2011
Location: Arlington, VA.
Posts: 9,113
Stay home, have a few drinks, enjoy the New Year.

New Years Eve is rookie party night.
M&P15T is offline  
Old 12-28-2012, 19:25   #21
NEOH212
Diesel Girl
 
NEOH212's Avatar
 
Join Date: Mar 2008
Location: North East Ohio
Posts: 8,801
Quote:
Originally Posted by M&P15T View Post
Stay home, have a few drinks, enjoy the New Year.

New Years Eve is rookie party night.


This!

__________________
When we do hit it we hit it out of the park and send it over to China as quickly as possible to cheapen it and sell it.
NEOH212 is offline  
Old 12-28-2012, 10:40   #22
Drain You
NRA member
 
Join Date: Apr 2012
Posts: 1,832
This is why I only do cocaine when I'm out partying.
Drain You is offline  
Old 12-28-2012, 10:40   #23
ancient_serpent
Senior Member
 
ancient_serpent's Avatar
 
Join Date: Jun 2008
Posts: 2,709
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.
__________________
"The Constitution was made to guard the people against the dangers of good intentions."
-Daniel Webster
"A government big enough to give you everything you want is big enough to take away everything you have."
ancient_serpent is offline  
Old 12-28-2012, 11:05   #24
WarCry
Senior Member
 
WarCry's Avatar
 
Join Date: Jan 2009
Location: IL, on the banks of the Muddy River
Posts: 7,213
Quote:
Originally Posted by ancient_serpent View Post
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.
__________________
"If you have something to say, now would be a perfect time to keep it to yourself." --Col. Chester Phillips
"If you believe everything you read, better not read." --Japanese proverb
WarCry is offline  
Old 12-28-2012, 15:18   #25
ancient_serpent
Senior Member
 
ancient_serpent's Avatar
 
Join Date: Jun 2008
Posts: 2,709
Quote:
Originally Posted by WarCry View Post
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.
Lol, nice. It's hard to put this into written word, and I know I come off sounding way more rude than I actually mean it.
I'm just a private person and figure it's no ones business what I'm doing.
__________________
"The Constitution was made to guard the people against the dangers of good intentions."
-Daniel Webster
"A government big enough to give you everything you want is big enough to take away everything you have."
ancient_serpent is offline  
Closed Thread


Tags
call me by my title, doctor danat, drive sober, moving goalpost, roadblocks, still get pulled over
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump




All times are GMT -6. The time now is 23:03.



Homepage
FAQ
Forums
Calendar
Advertise
Gallery
GT Wiki
GT Blogs
Social Groups
Classifieds


Users Currently Online: 1,061
301 Members
760 Guests

Most users ever online: 2,244
Nov 11, 2013 at 11:42