Tennessee vampire police checkpoints

[Philhelm]

Will they use the same needle, kind of like the strip search of two women in Texas with one glove, in anal to vaginal order no less?

 

[LibertyRevolution]

The consequences of refusing to submit to a blood, breath or urine test are severe in CT.
In Connecticut, if you refuse a test when asked your license will be suspended for a minimum of 6 months.
Automatic guilt unless you prove your innocence, it saves them having to do all that pesky blood sampling...

That 6 month suspension is actually a harsher sentence than if you are DUI and blow over the limit...

 

[NCGOPer_for_Paul]

The way to fight this kind of government tyranny, outside of an armed ambush, is to get EVERYONE NOT to go out to a bar, club, etc., on a Friday or Saturday night. When cities recieve NO tax revenue from hotel and restaurant taxes, some of these things will end really quickly.

I realize getting people to go along with something like this is almost impossible, but it seems as if it would be the only way to stop this ridiculousness.

This implied consent bullshit has to stop.

 

[osan]

The way to fight this kind of government tyranny, outside of an armed ambush, is to get EVERYONE NOT to go out to a bar, club, etc., on a Friday or Saturday night. When cities recieve NO tax revenue from hotel and restaurant taxes, some of these things will end really quickly.

Are you so certain of that? The other possibility is that they will simply tighten the noose further. "We've come so far... let us not stop now!" From there they would simply find new goal as pretext for new restrictions, to define new crimes. People like this are never satisfied. When reasons go stale, they simply invent new ones and people bitch about is awhile, then adjust and life goes on.

I realize getting people to go along with something like this is almost impossible, but it seems as if it would be the only way to stop this ridiculousness.

Almost? Really?

This implied consent bullshit has to stop.

Agreed, but I will not be holding my breath.

 

[AFPVet]

The consequences of refusing to submit to a blood, breath or urine test are severe in CT.
In Connecticut, if you refuse a test when asked your license will be suspended for a minimum of 6 months.
Automatic guilt unless you prove your innocence, it saves them having to do all that pesky blood sampling...

That 6 month suspension is actually a harsher sentence than if you are DUI and blow over the limit...

We had something like that for awhile, but what I always asked people is "would you rather lose your license for a year or have a misdemeanor conviction on your record?" Now, you can't even refuse anymore... they just take you into custody.

 

[presence]

Yep... awhile back, the Court ruled that people must have an avenue of lawful escape. In other words, they can't just bottle neck people into check points... they must have a way to lawfully avert it.

Can you cite that?

 

[presence]

When you obtain your driver’s license, you are stating that you will submit to a chemical test if requested to do so by an officer.

But does mean you absolutely must submit to a blood, breath or urine test if asked?

No, you do not have to.

However, if you do refuse to take a chemical test, there are three adverse results[]

http://www.duilawyers.net/refusingduitests.html

 

[AFPVet]

Can you cite that?

This was taught to us in my SPEA J306 Criminal Courts class, but here is another source:

http://dui.williamweinberg.com/lawyer-attorney-1977891.html

DUI Checkpoints

Since the Fourth Amendment requires the police to have reasonable suspicion when detaining someone, a DUI Checkpoint is necessarily a violation of that concept. But the United States Supreme Court decided, in Michigan Dept. of State Police vs. Stitz, that the government's interest in protecting citizens outweighed the violation of the driver's rights. The court decided that if law enforcement set up clear and neutral guidelines, checkpoints wouldn't violate the Constitution. Many civil rights groups continue to disagree and many states, though not California, have barred their use.

What does a police agency have to do to set up a DUI checkpoint in California? Well, each department crafts its own guidelines, but there are some basic principles.

The roadblocks must be limited in time.
The police must provide drivers with an opportunity to "escape", that means the driver can actually avoid the checkpoint if he or she wants to.
The detention must be brief and limited to determining sobriety.
The police must publish notice that a checkpoint is going to be established in a particular area.
The area must be one that sees a higher rate of DUI arrests.

Are they effective? Arguments abound in either direction. According to the CDC, they are.

Whether they are or not, if you have been charged in Orange County with DUI at a checkpoint, we can evaluate whether the stop was legally conducted and advise you of your choices.

Professionally speaking, we never conducted checkpoints in the county I was an officer in.