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DUI checkpoints

A DUI checkpoint is a roadblock to detect drunk drivers. Police check for sobriety by stopping cars based on a predetermined pattern.

Donald A Pumphrey Jr. | Jun 11, 2019

Police write “cease and desist” letter to Google to stop revealing DWI (DUI) Checkpoints.

Introduction CBS New York reported last week that the New York City Police Department sent a letter to Google to cease disclosing the location of police through alerts on the Google acquired application “Waze.” Waze is a directions-based application for motorists. Google purchased Waze back in 2013 as a crowd-sourced application for motorists. CBS New York quotes the letter, “This letter serves to put you on notice that the NYPD has become aware that the Waze Mobile application, a community-driven GPS Navigation Application owned by Google, LLC, currently permits the public to report DWI checkpoints . . . and map these on the application,” the NYPD wrote as quoted by CBS New York. Google Maps/Waze: Help or Hinder? Law Enforcement believes that the technology is interfering with law enforcement’s ability to keep the motoring public safe. Interesting, since in most states the agencies are supposed to publish the DUI Checkpoints ahead of time. Moreover, the reason we have painted police cars is to show officer presence and deter illegal conduct. The same goes here by publishing the checkpoints. The same deterrent affect applies. Public awareness raises public concern and increased compliance with the law. The same as a painted visible police car published for all to see as it is driven or parked to deter illegal activity, publishing locations raises awareness and thus increases compliance. Most drunks aren’t going to be able to see their phone let alone discern locations through the use of small motor functions manipulating their phone (which experts will explain is the first thing an alcohol impaired driver loses – use of small motor functions of the hands.) Google has it right, in wanting to put information out there and raise awareness thereby increasing safety. People who know there are checkpoints or extra enforcement on the roads tend to take an Uber or a Cab.

Donald A Pumphrey Jr. | Jun 11, 2019

Police write “cease and desist” letter to Google to stop revealing DWI (DUI) Checkpoints

Introduction CBS New York reported last week that the New York City Police Department sent a letter to Google to cease disclosing the location of police through alerts on the Google acquired application “Waze.” Waze is a directions-based application for motorists. Google purchased Waze back in 2013 as a crowd-sourced application for motorists. CBS New York quotes the letter, “This letter serves to put you on notice that the NYPD has become aware that the Waze Mobile application, a community-driven GPS Navigation Application owned by Google, LLC, currently permits the public to report DWI checkpoints . . . and map these on the application,” the NYPD wrote as quoted by CBS New York. Google Maps/Waze: Help or Hinder? Law Enforcement believes that the technology is interfering with law enforcement’s ability to keep the motoring public safe. Interesting, since in most states the agencies are supposed to publish the DUI Checkpoints ahead of time. Moreover, the reason we have painted police cars is to show officer presence and deter illegal conduct. The same goes here by publishing the checkpoints. The same deterrent affect applies. Public awareness raises public concern and increased compliance with the law. The same as a painted visible police car published for all to see as it is driven or parked to deter illegal activity, publishing locations raises awareness and thus increases compliance. Most drunks aren’t going to be able to see their phone let alone discern locations through the use of small motor functions manipulating their phone (which experts will explain is the first thing an alcohol impaired driver loses – use of small motor functions of the hands.) Google has it right, in wanting to put information out there and raise awareness thereby increasing safety. People who know there are checkpoints or extra enforcement on the roads tend to take an Uber or a Cab.

Byron Ingram Roope | Jan 12, 2018

What to do at a DUI Checkpoint

Your Right to Avoid the Checkpoint It is legal to avoid a DUI checkpoint all together. You have the right to choose a different route if it is available. While most checkpoints are systematically placed for convenience and effectiveness this may be harder in certain situations. While you have the right to choose another route or road, you must do it lawfully. Very often, saturation patrols are conducted in the vicinity of a checkpoint itself. These officers are restrained by the standard of probable cause, but will pull you over for an unlawful U-turn, speeding, lighting issues (at night), or license plate discrepancies, ext. Beware of these conditions before you decide to avoid a checkpoint. Systematic Let's say that you have decided to pass through the checkpoint. As you proceed to the checkpoint, either guided by cones and signs, or officers, prepare to stop and show proof of license. Remember that stops are often systemic to maintain legality. They may also be stopping every car, or they may stop vehicles in a pattern (for example every third, fifth, or tenth). Law requires the checkpoints to be brief and to the point. Maintain your hands on the wheel and be polite, as the officers should be as well. They may ask some basic questions. Be polite and honest. Being transparent and honest will speed up the stop. As you proceed through the stop, remember that other officers are on patrol in the area. Manage your speed and lane changes, etc. This will ensure that you have a good experience before, during, and after the DUI checkpoint. The best rule of thumb for a successful DUI checkpoint experience is don't drink and drive. This is the best standard for avoiding any legal action. If you do need legal assistance, call an experienced lawyer in your area. Do not hesitate to get the help you need.

Michael Jon Fremont | Jul 31, 2017

DRIVING THROUGH A CHECKPOINT TIPS FOR THE DRIVER AND PASSENGER

DRIVING INTO THE CHECKPOINT Sufficient notice MUST be given that a checkpoint is ahead by signs and lighting. If you see one ahead you can avoid it by making a LEGAL turn. Beware. The police have motorcycle officers stationed to look for any traffic infraction to pull you over. If you cannot avoid the checkpoint don't panic you may or may not be signaled to actually go into the checkpoint or by pass it. YOU ARE IN THE CHECKPOINT. NOW WHAT? Don't panic. Roll your window down about half way. You do not have to respond to any questions the officer asks. If he asks for your license hand it to him. You do not have to let him look in your eyes. This is a field test to look for signs of alcohol. If you are asked to get out of the car AGAIN. You do not have to answer any questions or do any sobriety tests. WHAT TESTS DO I NEED TO DO? If you have been taken to the secondary area for questioning and sobriety tests, and you are over 21, you do not have to answer any question or do any test. You do have to provide identification. If you are under 21 you can be asked to do a Preliminary Alcohol Breath test. If you refuse your license may be suspended. You do not have to do any FST's or answer questions. YOU DO NOT NEED TO DO ANY PRELIMINARY DRUG TESTING. generally this is a new toll consisting of a mouth swab. These tests ARE NOT ACCURATE. DO NOT NO IT EVEN IF THE OFFICER IS PESISTENT. I'M BEING ARRESTED WHAT DO I DO? If the officer decides to arrest, he will ask you to take a breath or blood test. Generally take the breath test. If you take a blood test it can also be tested for drugs. If the officer decides that you may be under the influence of alcohol and drugs or just drugs he will request a blood test. If you refuse testing the officer will get a warrant and a forced blood test will be done. WHAT SHOULD MY PASSENGERS DO? Generally nothing. They do not have to say anything or giver any information to the police. They will be told to leave if you are arrested. They will have to find their own transportation home

Ryan Thomas Kocot | Jul 3, 2017

DUI Checkpoints in Sacramento County – The Do's & Don'ts

DUI Checkpoint Demeanor - Remain Calm If you watch the news, you'll likely catch a story concerning police misconduct. However, in my experience reading thousands of police reports, most police officers are not "out to get you." In fact, it's quite the opposite. Police officers are human like the rest of us and understand that people like to have a good time with their family on the 4th of July. With that in mind, it's important that you remain calm upon seeing the signs for the Sacramento DUI checkpoint, as well as when you make contact with any police officers. This piece of advice is particularly important if you make the decision to not enter the checkpoint. Police officers have the right to stop you if you commit a traffic violation while avoiding entrance to the checkpoint, so the last thing you want to do is make any erratic movements with your vehicle in an attempt to avoid entering the checkpoint. In fact, police agencies generally have officers stationed near the checkpoint exit to monitor for traffic violations. General Setup of a DUI Checkpoint in Sacramento In order to be constitutionally valid, the police agency performing a sobriety checkpoint in Sacramento County must meet numerous requirements. Regardless of whether you've drank or not, take mental note of the following: Are there any signs announcing the presence of a checkpoint posted in advance of the checkpoint? Is there a way to exit the checkpoint before entering it? How many officers are at the checkpoint? How frequently are the officers stopping cars at the checkpoint? How long does it take to get through the checkpoint? DUI Checkpoint Laws - Remember Your Right to Remain Silent Both the location and administration of Sacramento DUI Checkpoints are planned in advance. In fact, there are numerous resources that can be found online that provide past and future checkpoint locations across Sacramento County. Part of this planning also includes an objective formula that must be used by officers in the field when deciding who to stop within the checkpoint. Typically, it is every third or fourth car. However, the rate at which cars are stopped may shift depending on the flow of traffic. In other words, you may or may not even be stopped while passing through the checkpoint. If you do get stopped, however, remember that you do not have any obligation to speak to the police. Field Sobriety Tests are Optional You do not have to complete any of the Field Sobriety Tests; they are completely optional. This includes the horizontal gaze nystagmus, walk and turn, and one leg stand field sobriety tests, among others. Most importantly, this includes the Preliminary Alcohol Screening device (a breathalyzer administered before an arrest). Be sure to distinguish between field sobriety tests and the DUI Chemical Test, though. Assuming that you are properly advised under VC 23612, you are required to submit to a chemical test after being arrested. Refusal to submit to a chemical test can result in enhanced DMV and criminal punishment.

Carina Castaneda | Dec 27, 2016

D.U.I. Checkpoints

Ingersoll v. Palmer In California and in many states, police conducting checkpoints must comply with a strict guideline that is laid out by case laws. In California, the landmark case is Ingersoll v. Palmer. Why are these case laws and statutes critical? If the police do not follow the protocol described in Ingersoll, the checkpoint is not lawful, and any evidence gathered during a driving under the influence ("drunk driving") arrest may not be admissible in court. Without the evidence collected at the scene, most cases will be dismissed. 8 factors to minimize the intrusiveness on the individual being stopped The court established 8 factors to minimize the intrusiveness on the individual being stopped, while balancing the needs of the society to keep the "drunk" drivers off the road. 1. Supervisors Decide: The establishment and location of sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This is important in order to reduce the potential for arbitrary and random enforcement. 2. Field Officers Discretion Limited: A neutral mathematical formula, such as every sixth driver etc. is used in determined in who to stop. Again with the purpose that field officers do not get to stop any driver he/she chooses. 3. Safety Conditions Installed: In order to minimize risk of danger to motorists and police, proper lighting, warning signs and signals must be clearly visible. Clearly identifiable official vehicles and personnel must be present. 4. Reasonable Location: The sites chosen should be those which will be most effective in actually stopping drunk drivers. They must provide documentation and history that at or near the location, high incidents of alcohol-related accidents and arrests have occurred. 5. Time and Duration: Police are expected to use reasonable and good judgment in determining the duration of the checkpoints. The goal is to insure effectiveness of the operation coupled with the safety of the general public. 6. Indicia of Roadblock: It should be established with high visibility, including warning lights, flashing lights, adequate lighting, police vehicles and the presence of uniformed officers. Not only are these factors important for safety reasons, but advance warning is necessary to reassure motorists the stop is officially authorized. 7. Length and Nature of Detention: Only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, bloodshot eyes. If no impairment exists, the driver should be permitted to drive on without further delay. If the officer observes signs of impairment, the driver will be directed to a separate area for further investigation and the general principles of detention and arrest would apply. 8. Advanced Publicity: There must be notice to the public prior. The thought is that, it limits intrusion on a person's security and those stopped would understand what was happening.

Ross Wesley Albers | May 7, 2016

DUI Checkpoints in Maryland

DUI checkpoint in effect this weekend. While the location of the checkpoints are not being released, according to law enforcement the checkpoints "will be clearly marked with signs, lights and uniformed officers." DUI checkpoints are an intensive law enforcement mobilization aimed at getting impaired drivers off our roads. The campaign is funded in part by a grant from the Maryland Motor Vehicle Administration's Highway Safety Office. Is a DUI Checkpoint Legal? A DUI checkpoint is an exception to the rule that traffic stops are permitted only based upon a reasonable articulable suspicion that a traffic violation has been committed. Typically, a Maryland DUI starts with a police officer observing a traffic violation, such as speeding, improper lane change, etc. However, DUI checkpoints are random stops of vehicles without any suspicion that a traffic violation has occurred. In Maryland, the courts have ruled these baseless stops are constitutional because the State's interest in detecting and deterring drunk driving outweighs the minimal intrusion on a person's liberties. Keep in mind, if you don't want to stop at the checkpoint, then you can make a legal U-turn and follow a different route! Schedule a Free DUI Checkpoint Consultation If you are charged with a DUI this weekend as a result of a drinking and driving checkpoint, then contact The Law Office of Ross W. Albers to speak with an experienced DUI Attorney. Maryland Attorney Ross W. Albers is a former Baltimore City prosecutor. The Law Office of Ross W. Albers is located in Carroll County, Maryland.

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