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No Refusal DWI Checkpoints

Discussion in 'The Okie Corral' started by Random, Dec 28, 2012.

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  1. ray9898

    ray9898

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    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.
     
    Last edited: Dec 28, 2012
  2. RussP

    RussP Super Moderator Moderator

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

    :cool:
     
    Last edited: Dec 28, 2012

  3. RussP

    RussP Super Moderator Moderator

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

    certifiedfunds Cosmopolitan Bias

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

    OctoberRust Anti-Federalist

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    :rofl::rofl:

    Gotta love gt double standards.
     
  6. Bruce M

    Bruce M

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    :rofl::rofl:
    Exactly. There is more than just refusal. Probably the biggest part of this involves making sure a judge is readily available and aware that there probably will be an increase in requests for search warrants.
     
  7. RussP

    RussP Super Moderator Moderator

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    But, it's not all about you.

    It is about the drunk a few cars back that had he not been pulled off the road then would have run a stop sign and t-boned a mother and her 3 kids at the next intersection, killing all of them. Maybe it would be your wife and kids. Who knows?
     
  8. MAC702

    MAC702 Senior Member

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    I don't know about nationwide, but statistics in NV have proven that when cops go out on patrol, they can find a lot more drunk drivers than the incredible waste of manpower needed to set up a checkpoint.

    Additionally, while they brag about what few they netted after hours of traffic jams, they almost have invariably broken state laws that require specific signage and distances prior to these checkpoints. Most of the drunks caught at a checkpoint can get off because of this.

    They are a net loss for actual effectiveness in my state, except that they perpetuate the power of the police state.
     
  9. sombunya

    sombunya Use it up, throw it away

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    If drunk drivers were dealt with properly, rather than the "patty cake" fashion of modern America, we wouldn't need sobriety checkpoints.
     
  10. Kingarthurhk

    Kingarthurhk Isaiah 53:4-9

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    That, I think we can both agree on.
     
  11. ray9898

    ray9898

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    Ahh...but don't you know many think they are guaranteed to be absolutely free of all government intrusion into their life even though that was never the intent of the founding fathers who knew such a utopian society was impossible.

    You constantly hear about the 4th amendment but one aspect is always ignored, it only prohibits unreasonable searches and seizures. The founding fathers clearly knew it was impossible to prohibit contact between the government and the people if you wanted a functioning government that could fulfill the expectations set forth in the Constitution.
     
    Last edited: Dec 28, 2012
  12. .264 magnum

    .264 magnum CLM

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    I'm many if you guys would have no problem
    if the BATF showed up at your door for a quick random "safe check". After all if you have nothing to hide.....


    I'd take DWI laws much more seriously if there was some sort of sliding scale - .08 $1,000 fine, .10 $2,000, .12 $3,000 and 3 mos in jail - something like that. Treating people who have had three glasses of wine like someone who had a .750 of vodka is rally stupid.

    Also I'd love to see reaction/decison making dara comparing younger people who've had a couple of drinks with older drivers.
     
  13. TBO

    TBO Why so serious? CLM

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    Strawman extraordinaire: on a public street vs inside your home.

     
  14. certifiedfunds

    certifiedfunds Cosmopolitan Bias

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    So stopping to check for illegal weapons once you leave your home is ok?
     
  15. TBO

    TBO Why so serious? CLM

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    DUI checkpoint, correct?
     
  16. Kingarthurhk

    Kingarthurhk Isaiah 53:4-9

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    Driving isn't included in the Bill of Rights. It is licensed and regulated. In order to drive legally you must possess a road worthy inspected vehicle, purchase insurance, and be issued a state license that certifies that you aren't too retarded or even epileptic to be behind the wheel. There is nothing in the 4th Amendment that prevents law enforcement from taking and considering these items to insure that this you are complying with licensing requirements in order to operate your motor vehicle on federally, state, and municipally funded highways.

    There is no 4th Amendment issue in performing those functions. Should you be in violation of the law while that inspection is being conducted, e.g. Driving While Intoxicated, then that is your fault. Not the officer's.
     
  17. Kingarthurhk

    Kingarthurhk Isaiah 53:4-9

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    Consent, Probable Cause, or an Inventory subsequent to arrest would allow a search of your vehicle. A DWI check point is not searching your vehicle. Now, if you get arrested for DWI, then, yes, your vehicle would be searched incidental to your arrest when an Inventory is counducted of the items within your vehicle. If an illegal weapon or illitic drugs are located, I am sure more charges would follow.
     
  18. wjv

    wjv Zip It Stan Lee.. . .

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    If EVERYONE refused they would waste a lot of time and money getting warrants and doing blood tests.

    The damn politicians think that they RULE over us instead of representing us.
     
  19. DanaT

    DanaT Pharaoh

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    This is not true. They cannot rule over you unless they have police willing to do their dirty work and think that if you are outside your home, they should be allowed to search you.

    Of course I have never heard of an officer saying that a search outside your home is allowed because its not inside your home.:rofl::rofl:

     
  20. TBO

    TBO Why so serious? CLM

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    Is there a greater expectation of privacy inside a home vs. out on the street (legally)?

    Yes.

    If you really don't know this please don't try to participate in these adult discussions.
    If you do, stop clawing/trolling.
     
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