Sobriety Checkpoints

[Darwin333]

Sobriety Checkpoints are not Detention.

They are "search" though and the very name implies that they prohibit free travel.

 

[Darwin333]

That is why the police announce where sobriety checkpoints will be located. I was stopped a few years ago at an unannounced checkpoint during the day. I had forgotten my walled that day and got a ticket. The judge threw out every ticket given out by the highway patrol citing the unnannounced roadblock was unconstitutional. I have not seen one in Tennessee since.

Oh I get it, if the TELL you they are going to violate your rights then they are free to do so. Gee, that makes me feel all warm and fuzzy inside.

 

[Darwin333]

No, we have sobriety checkpoints because too many people think that all of society's problems can be solved with laws and law enforcement... in spite of the overwhelming evidence to the contrary.

Drug abuse? Sure, no problem.. we'll just pass a few laws, step up the policing, and *voila*.. no more drug abuse

Kids getting too fat? Sure, no problem.. we'll pass a law keeping McDonalds from including a toy in their kids meals and *voila*.. no more fat kids!

You are both wrong. The reason we have checkpoints, as well as some of your other examples, can be explained with a single word.

Revenue

 

[Amused]

You are both wrong. The reason we have checkpoints, as well as some of your other examples, can be explained with a single word.

Revenue

No.

MADD.

I mean, if you don't support their draconian, prohibitionist ideals, you hate mothers. You don't hate mothers, do you???

 

[bamacre]

odd. It may have been just a seatbelt checkpoint.

Well, if that was the case, thank God I was wearing a seat belt. :biggrin:

 

[bamacre]

They are "search" though and the very name implies that they prohibit free travel.

Yeah, no shit. If you refuse to stop, I'm sure they'll go get your ass. If that's not detention, I don't know what is.

 

[Darwin333]

I guess it's a good thing that people keep insisting on more rights as time goes on, but it's a bit silly to act like these rights are eroding... Getting on a jet or even driving a car have always been privileges.

So is having internet. Do you think the government has the right and authority to download the contents of your hard drive every time you go online just to check and see if you might be doing something wrong? After all, no one is forcing you to go online and nowhere in the Constitution does it say that you have the right to go online.

 

[Darwin333]

Yeah, no shit. If you refuse to stop, I'm sure they'll go get your ass. If that's not detention, I don't know what is.

Around here they have cops pre-staged to go after people who turn around and get out of the line.

 

[rpanic]

Driving a car isn't a right of citizens.

Correct, it's only a right if you are here illegally.

 

[Darwin333]

No.

MADD.

I mean, if you don't support their draconian, prohibitionist ideals, you hate mothers. You don't hate mothers, do you???

I will grant you that the increased penalties for DUI/DWI can in large part be attributed to MADD but the checkpoints are just like the traffic cams, speed traps, war on non-violent drug users (amazing how the cops really started cracking down after they could take and keep your shit isn't it), etc... They all generate a real nice revenue stream for the local governments and the police departments.

I guess I can understand, our local Sheriff only has one helicopter for the swat team to fast rope out of (they actually do demonstrations at local fairs) and only 2 tanks minus the big ass gun (but it does have roughly a dozen gun ports so the swat team can use those MP5s and a hatch at the top, maybe so they can use their grenades too?) and only a few more machine guns than swat members. They obviously need more shit.

I don't really know why they would need to fastrope 8 guys in full military dress and armaments (no dog tags though so definitely NOT even close to being like the military) out of a helicopter but it sure is cool to see at the fair!

 

[Red Dawn]

Doesn't bother me, I don't drink and drive and I'm glad those that do are at risk from the checkpoints.

 

[bfdd]

i lol @ people saying the gubment gives us the privilege to do anything. you guys really don't know jack shit about our nation. WE GIVE THE GOVERNMENT THE PRIVILEGE TO BE OUR GOVERNMENT, IT DOESN'T GIVE US THE PRIVILEGE TO DO JACK SHIT.

 

[alkemyst]

Doesn't bother me, I don't drink and drive and I'm glad those that do are at risk from the checkpoints.

those that follow your same logic are up in arms about TSA now.

The problem with checkpoints is EVERYONE drinking or not are stopped and whether you miss a flight/movie/play/etc doesn't matter...you must wait the 20mins+ to be 'processed'.

 

[Red Dawn]

those that follow your same logic are up in arms about TSA now.

The problem with checkpoints is EVERYONE drinking or not are stopped and whether you miss a flight/movie/play/etc doesn't matter...you must wait the 20mins+ to be 'processed'.

Let me guess, you got a DWI

 

[Zebo]

Problem is that word "unreasonable" opens up court to saying it's okay like they did. I have mixed feelings. Like mixed drinks you can never tell right amount.

 

[alkemyst]

Let me guess, you got a DWI

Yes, you know this though. I got mine due to my soon-to-be ex having a cop stop me pulling into my parking space though.

It was supposed to be harrassment but I somehow blew a .168 and had a 4 hour beer tab with 4 drinks on it.

Doesn't matter how sober I performed, how well I did field sides, etc. the breath test is the seal.

I have been stopped at least 10-12 times in roadsides and never had any issues.

Since you are guilty automatically in DUI law if I wanted to defend myself instead of not being able to drive the 3 months, I'd have to wait till my court date to even see if I could get a work permit. Trial time was going 6-8 months at the time and that was just to set the real trial about 4-6 months later. I'd need to have any witnesses (which had to be declared expert witnesses by the state) at both dates.

Witnesses and attorney would run around $12-15k to start + lodging/food/travel costs.

or the state would rather me just pay them about $4,000, buy out my community service at $10/hr and be done with it.

No insurance affects at all. It's just about revenue.

 

[shira]

... are unconstitutional. There is no justification for detaining everyone because probable cause has not been established.

What do you think?

The courts have ruled otherwise, and it's the courts that decide what is and isn't constitutional.

 

[Zorkorist]

The Constitution is obviously not a friend of the individual.

The Courts are obviously no friend of the individual.

The individual is subject to the Government, even when it violates the 4th amendment to the Constitution, one of the Bills of Rights, which outlaws random search and seizure.

-John

 

[Zorkorist]

Who, may I ask, is a friend of the Individual?

Congress?

That's all that's left, I guess.

-John

 

[Amused]

The courts have ruled otherwise, and it's the courts that decide what is and isn't constitutional.

Dred Scott.

Bowers v. Hardwick

Lone Wolf v. Hitchcock

United States v. Callender

Plessy v. Ferguson

Slaughter-House Cases

Need I go on?

Do you still think the USSC is the end all be all of Constitutionality?

If so, you support each and every one of those decisions.

 

[BoomerD]

Sobriety Checkpoints are profitable.

I agree. The DUI industry makes a lot of money for cities and states. I support stationing police outside of every bar, cocktail lounge, tavern, and restaurant in America to catch those drunks who think they should drive after having a few drinks.

Look at all the money we'd make...why we could put a severe dent in the budget deficits!!:whiste:

 

[Wheezer]

... are unconstitutional. There is no justification for detaining everyone because probable cause has not been established.

What do you think?

sounds like someone got caught at one and c to the forum to pitch a bitch about it.

 

[zsdersw]

Let me guess, you got a DWI

I've never gotten one, and my only involvement with law enforcement was a speeding ticket 10 years ago (40 in a 25), and I still have a big problem with checkpoints like these.

sounds like someone got caught at one and c to the forum to pitch a bitch about it.

That's the problem with assumptions.. they're the mother of all fvck-ups.

 

[Red Dawn]

Yes, you know this though. I got mine due to my soon-to-be ex having a cop stop me pulling into my parking space though.

It was supposed to be harrassment but I somehow blew a .168 and had a 4 hour beer tab with 4 drinks on it.

Doesn't matter how sober I performed, how well I did field sides, etc. the breath test is the seal.

I have been stopped at least 10-12 times in roadsides and never had any issues.

Since you are guilty automatically in DUI law if I wanted to defend myself instead of not being able to drive the 3 months, I'd have to wait till my court date to even see if I could get a work permit. Trial time was going 6-8 months at the time and that was just to set the real trial about 4-6 months later. I'd need to have any witnesses (which had to be declared expert witnesses by the state) at both dates.

Witnesses and attorney would run around $12-15k to start + lodging/food/travel costs.

or the state would rather me just pay them about $4,000, buy out my community service at $10/hr and be done with it.

No insurance affects at all. It's just about revenue.

Tough shit, shouldn't have been driving drunk.

 

[alkemyst]

actually I wasn't, there was a situation that had caused my breath test to be much higher than it should have been. I should have elected a blood test. However, I didn't know I was going to fail the breath test.

They have me on record reciting my alphabet backwards three times in a row. The cop didn't even know I was right even though he was writing it all down on his report.

They also had me do my field sides on the middle line of a two lane road while they stood to the side. There were cars passing within inches of me honking and swerving during the video tape.

I had a great case to challenge it. However there was nothing my lawyer could do to get me driving sooner than my trial unfolded and there are no lawyers here that would take that case for less than a $10,000 retainer.

I was done and it was behind me for half the up front costs and a couple months of having to go to classes and hear about some emo all sad about his life.