[a4u2fear]

If you didn't know, DUI checkpoints are unconstitutional. If you ever go into one, you can do the following:

http://insider.foxnews.com/2015/02/1...ty-checkpoints

if you forget to do that, never admit to drinking. Even if they get you to get out of your car and arrest you, deny a breathalyzer. You will automatically lose your license for denying it but you will get out of it. The checkpoint is unconstitutional and if you don't admit to drinking, the smell could be from just nonalcoholic beer and you will get out of it. It may cost you a decent lawyer, but you won't get a felony or DUi

[brooks85]

printed out some tonight and I don't even drink but can't wait to use one

[krk1030]

Saw this on the news last night


Never seen a checkpoint though.

[smitch124]

I panic and make a U-Turn with tires blazing.

[Kermit]

I don't know. the cops are trying to keep the drunks off of the streets. If they let someone drunk pass on through a checkpoint and they kill someone down the road, then people will be bitching that the cops are not doing their job. It seems kind of douchey to make people's jobs harder than they already are.

[k2ds]

This is not a court tested procedure. In Maryland you must present your license when driving and asked my an officer. You must sign any ticket or you may be arrested, and you will. This Lawyer can afford to defend himself but who else wants to pay a lawyer $1000 or more to defend them. This money you lose if you are guilty or not.
If you refuse a breath test in Maryland they cut your license up in front of you at the police station and then you can not drive until you have a hearing at MVA or your case goes to court. Either will be over a month without being able to drive. The method Maryland uses has been appealed and it is legal.

[brooks85]

This is not a court tested procedure. In Maryland you must present your license when driving and asked my an officer. You must sign any ticket or you may be arrested, and you will. This Lawyer can afford to defend himself but who else wants to pay a lawyer $1000 or more to defend them. This money you lose if you are guilty or not.
If you refuse a breath test in Maryland they cut your license up in front of you at the police station and then you can not drive until you have a hearing at MVA or your case goes to court. Either will be over a month without being able to drive. The method Maryland uses has been appealed and it is legal.

thank god I don't live in a bitch ass state with a bunch of dumb ass communist. penetrate you too California by the way.







Also, if you remembered what you learned in history class about being an American you wouldn't give two shits what your silly state laws say or any that are unconstitutional.

[muldoon]

From the article

Warren Redlich, a Florida criminal defense attorney, created the flyer because he "was tired of defending people who were wrongfully arrested after going through checkpoints,"

Business must be good if he's helping people avoid becoming clients.

[k2ds]

Believe me, I am a retired Maryland police officer. If you do this in Maryland you are going to be charged with alot more than what you want to deal with. Driving is not a right so if you are stopped, the officer will not let you leave until you roll down the window or open the door and speak to them. There are several laws on the books to back him plus as someone said if you were allowed to leave and you killed yourself or another the officer and their department are most likely going to get sued.
The best plan is to do as you are asked and if you want record the stop with your phone. Then ask a lawyer if you were treated legally.

[brooks85]

Believe me, I am a retired Maryland police officer. If you do this in Maryland you are going to be charged with alot more than what you want to deal with. Driving is not a right so if you are stopped, the officer will not let you leave until you roll down the window or open the door and speak to them. There are several laws on the books to back him plus as someone said if you were allowed to leave and you killed yourself or another the officer and their department are most likely going to get sued.
The best plan is to do as you are asked and if you want record the stop with your phone. Then ask a lawyer if you were treated legally.

lol

[Urbanwildlife]

States regard driving to be privileges and not rights. It suks but that is the society we live in this days, so k2ds is correct.

[k2ds]

I am in no way saying that I agree with all Maryland laws but they are there and as a police officer you are sworn to enforce them.
This lawyer is just trying to make a name for himself. He doesn't have to pay a lawyer, he is one. In his state he might not have to do things that other states require. But we have to weight the lost of driving for a time of 45 days or more, and that if we win and the cost of fighting it.

[El Nino]

I'm fairly certain that Michigan is the only state in The Union whose Supreme Court has explicitly ruled that D.U.I. checkpoints are unconstitutional.

As far as the not rolling down your window and refusing to identify yourself...like k2ds stated, most every state has a law that more or less states if you are legally stopped (which in every state except MI, a D.U.I. checkpoint is a legal stop) you have to identify yourself to a peace officer. Cute tactic, but it's total BS. I ran this video by a Motor Cop Sheriff's Deputy friend of mine and he said it was BS. I'm in AZ, with the strictest D.U.I. laws in the Nation. Just don't drive drunk. With Uber and taxis, there's no excuse to get behind the wheel if you are legally drunk.

[Auto Donk]

If you didn't know, DUI checkpoints are unconstitutional. If you ever go into one, you can do the following:

http://insider.foxnews.com/2015/02/1...ty-checkpoints

if you forget to do that, never admit to drinking. Even if they get you to get out of your car and arrest you, deny a breathalyzer. You will automatically lose your license for denying it but you will get out of it. The checkpoint is unconstitutional and if you don't admit to drinking, the smell could be from just nonalcoholic beer and you will get out of it. It may cost you a decent lawyer, but you won't get a felony or DUi

nice.......

assuming the flyer isn't going to fly in your state, another tip I always give friends, family, anyone who drinks and drives:

at least in Texas, field sobriety tests are not mandatory, tho the cop will act like they are....... you can say, "I know a lawyer, he advised me these tests are not mandatory and generally are not fair, I respectfully decline to do them." If you're blown out, you will look absolutely like a fool trying to do them.... (even if you haven't had a damn thing to drink, you'll probably still fail them, but you'll pass the breathalyzer or blood test at the station, and beat the case.....)

assuming you've been drinking, after declining the field sobriety test (and declining any field breathalyzer test), if the cop says he smells alcohol or is going to take you in if you don't do them, be polite and say "I want my lawyer." Even tho you're not entitled to a lawyer at that point, it gives you something to say. If he says turn around, place your hands behind your back, etc..... comply and don't say a word (you're being recorded in most instances), walk as straight as you can to his car, get in and don't say a word (you're usually being recorded in the car as well). if you're drunk and u perform the test, you are simply giving the state all the evidence it needs to convict you. and, you'll have to hire an "expert" to testify that 1. the cop didn't do the tests right, and 2. you didn't fail (even tho you probably staggered around, hopped on one foot during the "stand on one leg test", didn't follow instructions on the "walk and turn" test, and generally looked wasted)

ok, enough free advice.... check the laws in your state, obviously, as each state has it's on dwi/dui laws.....

now, someone pour me a drink.........

[Let's Go Rangers]

DWI checkpoints ARE NOT unconstitutional

[Let's Go Rangers]

This is not a court tested procedure. In Maryland you must present your license when driving and asked my an officer. You must sign any ticket or you may be arrested, and you will. This Lawyer can afford to defend himself but who else wants to pay a lawyer $1000 or more to defend them. This money you lose if you are guilty or not.
If you refuse a breath test in Maryland they cut your license up in front of you at the police station and then you can not drive until you have a hearing at MVA or your case goes to court. Either will be over a month without being able to drive. The method Maryland uses has been appealed and it is legal.

The OP is an idiot


Typical guy with room temperature IQ that read "somewhere" that checkpoints are unconstitutional. ...and he is going to tell the world how to beat them.

[Booya711]

Or just don't drink and drive

[Let's Go Rangers]

Believe me, I am a retired Maryland police officer. If you do this in Maryland you are going to be charged with alot more than what you want to deal with. Driving is not a right so if you are stopped, the officer will not let you leave until you roll down the window or open the door and speak to them. There are several laws on the books to back him plus as someone said if you were allowed to leave and you killed yourself or another the officer and their department are most likely going to get sued.
The best plan is to do as you are asked and if you want record the stop with your phone. Then ask a lawyer if you were treated legally.

I'm retired FBI. ..you are spot on


Asking for license / registration is a LEGAL COMMAND by an officer who is in initial stages of an investigation.

You don't produce it, YOU WILL be exiting your vehicle


Now you want to suggest complying. ..but not talking....

Ok...a driver can do that

Refuse field sobriety test?
Yup....
do that too if you wish


Find out if PBT is admissible in court AS DEFENSE ONLY but not prosecutor ( as I believe Maryland use to be / is )....then by all means take the PBT.....
it can only help a drivers case.



Bottom line

Don't drive if you've had 4 or 5 drinks

2 or 3 ( normal size)
You aren't going to be ringing up a .08

[Auto Donk]

or, you can simply flash your brights several times as you hit the gas; be sure to take another cop out with a timely executed "half empty bottle of beer toss" out the driver's window....... as you pass through, be sure to duck for the first five to ten seconds if on a straight roadway, as some barney fife will start shooting at you.....

prepare for an ass beating when they track you down.......

ok, joking aside, these are some good rules to follow, particularly if you are not white:

[recon1]

If you didn't know, DUI checkpoints are unconstitutional. If you ever go into one, you can do the following:

http://insider.foxnews.com/2015/02/1...ty-checkpoints

if you forget to do that, never admit to drinking. Even if they get you to get out of your car and arrest you, deny a breathalyzer. You will automatically lose your license for denying it but you will get out of it. The checkpoint is unconstitutional and if you don't admit to drinking, the smell could be from just nonalcoholic beer and you will get out of it. It may cost you a decent lawyer, but you won't get a felony or DUi

Checkpoints have been ruled as Constitutional by the Supreme Court. Now, if you enter a checkpoint the same Supreme Court has ruled a citizen not suspected of committing any crimes does not lose his/her Constitutional rights.
Checkpoints are supposed to be published in a periodical X amount of days before Checkpoint goes operational and signage used X amount of feet before someone reaches checkpoint. It is a right of the citizen to either decide to go through checkpoint or turnaround and go another way. Most PD's will have officers in the shadows looking for those who turn around and will more-than-likely pull them over, this is illegal and choosing to not go through a checkpoint is not proabable cause to initiate a traffic stop.

A citizen is under no obligation to produce any I.D. or even talk or roll down a window during checkpoint, but do this if you have time to kill in county lockup.

I know two DUI cops who absolutely hate checkpoints, they most times never produce the numbers a cop on routine patrol can find.

Remember you only need to produce I.D. once you have been told what/which crime you are being accused of committing.

I think we are long overdue as a country to reinsert civics back into public school with an emphasis on our Bill of Rights and Constitutionally protected rights. I am for rule of law 100% pro police and 100% pro citizen rights.

Not sure if it's true or not, but have been told by members of Border Patrol they are manning checkpoints 20-50 miles north of border on East West routes. I think this is a ploy to open borders last several years to allow bad people in our country…Just sayin'

I'm not a Lawyer and you should check local laws to you're area.

Maybe a Lawyer exist here and they can correct me…….

[PaperTrail07]

Michigan will also FORCE a blood sample if you deny a breath test..

I'm fairly certain that Michigan is the only state in The Union whose Supreme Court has explicitly ruled that D.U.I. checkpoints are unconstitutional.

As far as the not rolling down your window and refusing to identify yourself...like k2ds stated, most every state has a law that more or less states if you are legally stopped (which in every state except MI, a D.U.I. checkpoint is a legal stop) you have to identify yourself to a peace officer. Cute tactic, but it's total BS. I ran this video by a Motor Cop Sheriff's Deputy friend of mine and he said it was BS. I'm in AZ, with the strictest D.U.I. laws in the Nation. Just don't drive drunk. With Uber and taxis, there's no excuse to get behind the wheel if you are legally drunk.

[Kermit]

I remember way back to Driver's Ed being told that driving is a privilege, not a right. So I don't know how anyone's rights are being violated by a DUI checkpoint.

[recon1]

I remember way back to Driver's Ed being told that driving is a privilege, not a right. So I don't know how anyone's rights are being violated by a DUI checkpoint.

That has been an issue of mucho interpretation. Driving is a right with enforceable laws and rules to protect the public not infringe on the right.

[Kermit]

That has been an issue of mucho interpretation. Driving is a right with enforceable laws and rules to protect the public not infringe on the right.

When you get your license suspended and you get the letter in the mail, it says that your Driving Priviliges have been revoked, not your Driving Rights.

So which is it?

[Auto Donk]

while exercising that privilege, the cops can't violate your constitutional rights preventing self-incrimination, affording due process, etc.....

they are separate issues.......

[Kermit]

Or is it that you have a Right to drive, but it is a Privilege to drive on public roads?

[recon1]

while exercising that privilege, the cops can't violate your constitutional rights preventing self-incrimination, affording due process, etc.....

they are separate issues.......

Kermit, Auto hit it with that comment.

[El Nino]

Michigan will also FORCE a blood sample if you deny a breath test..

Yep, they do that in AZ as well. Takes minutes to get a telephonic warrant. Prevents destruction of evidence.

Looks like 11 states do not have DUI Checkpoints
http://www.ghsa.org/html/stateinfo/l...oint_laws.html

[rkelly110]

Friend of mine always said he would refuse a breath test here in PA. Well, he got pulled over one night doing 75
in a 55, because he thought the guy on his bumper wanted to race him. He did refuse the breath test, but did
the road side tests and failed the leg out for 10 seconds.

The officer told him he would lose his license for a year just for refusing. When he went to court, the judge threw
another 6 months on.

He had to go to ARD, a shrink to see if he was an alky, had to do probation and 80 hrs community service.
Not to mention a $1,100 fine and 3k for a lawyer.

If he took the test and failed, he would've only had to go to ARD courses and lose his license for 3 months.

Moral of the story is, defy the law and you will pay.

[brooks85]

Friend of mine always said he would refuse a breath test here in PA. Well, he got pulled over one night doing 75
in a 55, because he thought the guy on his bumper wanted to race him. He did refuse the breath test, but did
the road side tests and failed the leg out for 10 seconds.

The officer told him he would lose his license for a year just for refusing. When he went to court, the judge threw
another 6 months on.

He had to go to ARD, a shrink to see if he was an alky, had to do probation and 80 hrs community service.
Not to mention a $1,100 fine and 3k for a lawyer.

If he took the test and failed, he would've only had to go to ARD courses and lose his license for 3 months.

Moral of the story is, defy the law and you will pay.

for anyone with two or more brain cells tho, the moral of the story is Rkelly supports being a coward.

[recon1]

This is not a court tested procedure. In Maryland you must present your license when driving and asked my an officer. You must sign any ticket or you may be arrested, and you will. This Lawyer can afford to defend himself but who else wants to pay a lawyer $1000 or more to defend them. This money you lose if you are guilty or not.
If you refuse a breath test in Maryland they cut your license up in front of you at the police station and then you can not drive until you have a hearing at MVA or your case goes to court. Either will be over a month without being able to drive. The method Maryland uses has been appealed and it is legal.

You must not have clicked on the article, if you did the driver provided DL, Registration and proof of insurance in a bag hanging out drivers rolled up window.

From article:

Drivers who are passing through DUI checkpoints don't roll down the window, but instead display the flyer with their driver's license, insurance and registration.

Now, I'm not familiar with Maryland law, but the Constitution is supposed to be effective in all 50 states. If a driver does not wish to talk with a cop at a checkpoint nothing L.E. can do about it. If a cop manning a checkpoint can not establish enough PC to pull a driver into a secondary location for further probing and diriver is DWI driver goes down road gets in accident, i don't see how any LEO gets sued and complaintant wins.

[rkelly110]

for anyone with two or more brain cells tho, the moral of the story is Rkelly supports being a coward.

How does obeying laws and increasing my risk of more trouble by being a jackass when confronted by the law,
make me a coward? There are times when you can fight the law and win. DUI is not one of them.

[Kermit]

for anyone with two or more brain cells tho, the moral of the story is Rkelly supports being a coward.

This is a very asinine comment. I don't know anyone who defies the law on a consistent basis and wins. I think that you have watched Cool Hand Luke one too many times.

[recon1]

I'm retired FBI. ..you are spot on


Asking for license / registration is a LEGAL COMMAND by an officer who is in initial stages of an investigation.

You don't produce it, YOU WILL be exiting your vehicle


Now you want to suggest complying. ..but not talking....

Ok...a driver can do that

Refuse field sobriety test?
Yup....
do that too if you wish


Find out if PBT is admissible in court AS DEFENSE ONLY but not prosecutor ( as I believe Maryland use to be / is )....then by all means take the PBT.....
it can only help a drivers case.



Bottom line

Don't drive if you've had 4 or 5 drinks

2 or 3 ( normal size)
You aren't going to be ringing up a .08

I missed this post earlier. You went to Quantico, Va. for training? They surely didn't teach you that a legal command was asking anybody for I.D. when you haven't established PC. This command can not be lawful until you've established PROBABLE CAUSE. A citizen merely stopping at a checkpoint DOES NOT MAKE THEM SUSPICIOUS OF COMMITTING ANY CRIME(S)

A person who refuses an Officer of any branch of Law Enforcement I.D. at a checkpoint who's not suspected of committing a crime is excersing a Constitutionally protected right. Now, if citizen pulls into checkpoint with open containers, broken tail-lights or other MV's then it's Sir, Mrs, you have three seconds to comply because at this point I have proabable cause to take my investigation to next level or i'll bust the window in and take you out by hair if i need to.

Hard to believe an FBI agent would not know this basic tactics in preservation of Constitutional rights, then again an FBI agent doest have any authority outside of 63 square miles called Washington D.C.

I'm not calling you to the carpet Rangers, but the mindset you developed over you're years of service has caused many lawsuits and LEO's are usually not on the winning end.

[The Kraken]

Most FBI employees do not go to Quantico, field agents only. I'm sure you know this

I've got two family members that are retired FBI, one worked as an accountant and the other in computer science. Both followed leads and built cases but from behind computers. The accountant did a lot of work with real estate fraud. The last case he worked on was almost a year long and then some judge threw it out