INCREDIBLE-AT DUI Checkpoint-Vegas

 

Is this the way around it?

I call BS..Paging Roman..

I know. First I thought-This looks legit. Then I thought-cops being nice???

 

NO WAY

You don't have to answer their questions. However, my guess is that since the guy was coherent, and was able to speak, the officers spent enough time 'in his face' and paying attention to his movements to not suspect that he had been drinking.

 

What does every drunk answer that question with - "No."

 

So the answer to the question is not important - It's the manner in which you answer it, and your other actions that may give them reasonable suspicion to believe that you have been drinking to a point where you are impaired.

 

 

yikes!! I can't believe my eyes!

why couldn't he say nope...?

yikes!! I can't believe my eyes!

why couldn't he say nope...?

 

Seriously, what a dick?

 

Just say no and be on your way.

Seriously, what a dick?

 

Just say no and be on your way.

 

 

If you are innocent this is the way to go. No need to challenge authority for the sake of it.

 

If you say no and they still ask you out of the car, then 100% you have a right to use the 5th whether you are innocent or guilty.

 

Will be interesting to see if the police's persistence was legal or not in this situation. In a typical interrogation I believe most cops would not ask anything more than once if you've refused to answer.

IF it is real, likely the guy making the video knew that checkpoint would be there, and wanted to make a point on video. He was obviously not drunk, but wanted to see how far he could take it.

 

I am VERY sure if you stick a camera in a cops face in South FL and many other areas AND YOU ARE DRUNK, it wont go well for you

You do not have to answer.

 

A lot of times DUI check points can be used for phishing. If you are not suspected of committing a crime, or suspected of previously committing a crime then you are not required by law to furnish any information to a police officer, be it license and registration or the answer to a question.

 

If someone is abiding by the law, I have no problem with it. Would I do what he did? No. Not all cops are dicks, and personally I treat them how I like to be treated. I would answer and move on. He apparently does not like to be imposed on and is not required to answer so he didn't. Either way, he didn't do anything to break the law.

 

Best

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]

 

He doesn't have to answer that question.... And I personally think DUI Checkpoints have gone beyond the following.

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

(Its a strange day when I find myself in agreement with John Paul Stevens. - Id be interested to see if the Court might have changed its mind, 22 years after Sitz)

 

 

 

To those of you who said "Just answer the question", PLEASE.... NEVER CALL ME TO BE YOUR ATTORNEY.... EVER.... The "If you're not doing anything wrong you've got nothing to fear" line, is a fcuking LIE.... Invented by police, and used on IDIOTS... One of the advantages of living in the USA is the two passages Ive written above.... LEARN THEM, LOVE THEM, LIVE THEM!

 

DO NOT fcuking TALK TO THE POLICE UNDER ANY CIRCUMSTANCE....

 

 

EVER!

 

When they have that uniform and badge on, their job description is to find a reason to put your ass in jail. They are NOT talking to you because they want to be your new buddy. They dont want to go shopping with you, or go on a date to the movies. They are talking to you so they can find a reason to bust your ass. They may seem like the nicest people in the world.... They may be.... But know that their agenda is to put fcuk up your life! YOU HAVE NO OBLIGATION TO HELP THEM DO THAT. DO NOT MAKE IT EASIER FOR THEM! If youre not doing anything wrong, thats even MORE REASON FOR THEM TO LEAVE YOU THE fcuk ALONE!

 

 

You have to provide them with a DL/ID.... THATS fcuking IT....

 

 

 

With what Romandad said,this clip NEVER GETS OLD

I learned this the hard way.....

Ill try to make a long story short. I was dating a girl that worked at a tanning salon. She had a customer leave an iPod there and the store spent several weeks trying to contact the woman. The numbers they had in her file were disconnected and she hadn't been back in to see if she had left the iPod there at the salon.

On week three my ex brought the iPod home because it had a gigs of music on it and she wanted to download it to hers....she at this point didnt ever think the woman would be returning it,but had told her boss that if she came back for it she would bring it right over or would drop it off to her if need be. In an 18 year olds mind it seemed harmless enough and the boss agreed that she didnt seem like she'd be coming back for it. She left it in my car...3 or four days after she took it home I got a phone call from my lady friend at work saying the woman came back when she wasn't there and the manager told her I had the iPod,the police had called asking for her to come in and that she had told them I had it with me. I couldnt be mad because it was the honest truth and we didn't think anything was wrong. I asked her for the officers number,called him and told him I had the iPod and he asked me to bring it in. I said absolutely and drove it right in. I thought I was going to simply walk in,hand it to him. Maybe even be thanked by them for bringing it to them. I was dead wrong. They asked me to sit down in an interrogation room...used the " Dont worry,that camera is off,we just want to talk to you and get your side of the story..nobody is in trouble".

I said SURE! I didnt think any crime had been committed..I explained how they had tried for weeks to contact the owner and how we had informed the manager we had it if she came back in it would be immediately returned..." Well that was enough for them to issue me a ticket for theft and possession of stolen property. Silly me thought being upfront,talking to them and telling them exactly what happened would be just fine... but like Romandad said..they were just looking for me to say something they could tag me with and sure enough they did. Stupid mistake that took me years to clean off my record. LESSON fcuking LEARNED. My first response should have been "I understand you're just doing your job,but i'm calling a lawyer".

To those of you who said "Just answer the question", PLEASE.... NEVER CALL ME TO BE YOUR ATTORNEY.... EVER.... The "If you're not doing anything wrong you've got nothing to fear" line, is a fcuking LIE.... Invented by police, and used on IDIOTS...

Exactly. Not everyone is going to do what the video guy did, but what that guy did is important nonetheless. We absolutely need at least some people to FULLY exercise our constitutional rights every so often. Keeps 'em honest.

This is the same type of issue raised in the "open carry makes me uncomfortable" thread from a few days ago. Rights are rights. If you don't want to exercise them, fine, but don't condemn those that do.

Video taping police and trying to get a rise out of them at a DUI checkpoint is probably the last thing I would ever want to do in Vegas...

Video taping police and trying to get a rise out of them at a DUI checkpoint is probably the last thing I would ever want to do in Vegas...

Nice. He isn't trying to get a rise out of them. He's being an American citizen. Getting a rise out of them would be saying "I don't know, have YOU had anything to drink tonight?!" or something obviously challenging and rude.

 

What bothers me most about these checkpoints is that if you turn around before you reach them you may be pulled over by "scouts" who are watching for people doing that.

 

 

Nice. He isn't trying to get a rise out of them. He's being an American citizen. Getting a rise out of them would be saying "I don't know, have YOU had anything to drink tonight?!" or something obviously challenging and rude.

 

What bothers me most about these checkpoints is that if you turn around before you reach them you may be pulled over by "scouts" who are watching for people doing that.

 

Down here they call those the "saturation patrols" and they cover all side streets leading up to the checkpoint. Im just glad they are forced to announce them in the news before they set them up.

Down here they call those the "saturation patrols" and they cover all side streets leading up to the checkpoint. Im just glad they are forced to announce them in the news before they set them up.

Here all they have to do is announce the county and thats it.

 

What happens if they ask you to blow in the breathalyzer? Thats something you "have to" do isnt it?

Here all they have to do is announce the county and thats it.

 

What happens if they ask you to blow in the breathalyzer? Thats something you "have to" do isnt it?

 

You NEVER BLOW INTO A BREATHALYZER IF YOU HAVE HAD DRINKS----EVER!!!!

 

Refusal will take you to jail, but you have a shot at winning vs. giving them hard evidence against you.

You NEVER BLOW INTO A BREATHALYZER IF YOU HAVE HAD DRINKS----EVER!!!!

 

Refusal will take you to jail, but you have a shot at winning vs. giving them hard evidence against you.

Yea I know that. Thats basically what Im asking. If you are doing the silent treatment then they ask to do a Breathalyzer. Anytime you refuse to blow its a trip to jail.

 

 

Yea I know that. Thats basically what Im asking. If you are doing the silent treatment then they ask to do a Breathalyzer. Anytime you refuse to blow its a trip to jail.

 

It can very well be the difference between DWI to DWAI or even DWAI to "legal". In court, they will announce the BAC level given at the precinct which will always be lower than if given on scene. Also it won't be prefaced with "but he refused on scene". And even if it was, implied or not, there is no "proof" to hit you with the more severe charge.

 

Mike, if you refuse in the station it's usually a 1 year license revocation. That's the implicit way to force your hand. I guess if you live in Manhattan, NY and don't drive much this is the way to go but for most people this is too inconvenient.

I learned this the hard way.....

Ill try to make a long story short. I was dating a girl that worked at a tanning salon. She had a customer leave an iPod there and the store spent several weeks trying to contact the woman. The numbers they had in her file were disconnected and she hadn't been back in to see if she had left the iPod there at the salon.

On week three my ex brought the iPod home because it had a gigs of music on it and she wanted to download it to hers....she at this point didnt ever think the woman would be returning it,but had told her boss that if she came back for it she would bring it right over or would drop it off to her if need be. In an 18 year olds mind it seemed harmless enough and the boss agreed that she didnt seem like she'd be coming back for it. She left it in my car...3 or four days after she took it home I got a phone call from my lady friend at work saying the woman came back when she wasn't there and the manager told her I had the iPod,the police had called asking for her to come in and that she had told them I had it with me. I couldnt be mad because it was the honest truth and we didn't think anything was wrong. I asked her for the officers number,called him and told him I had the iPod and he asked me to bring it in. I said absolutely and drove it right in. I thought I was going to simply walk in,hand it to him. Maybe even be thanked by them for bringing it to them. I was dead wrong. They asked me to sit down in an interrogation room...used the " Dont worry,that camera is off,we just want to talk to you and get your side of the story..nobody is in trouble".

I said SURE! I didnt think any crime had been committed..I explained how they had tried for weeks to contact the owner and how we had informed the manager we had it if she came back in it would be immediately returned..." Well that was enough for them to issue me a ticket for theft and possession of stolen property. Silly me thought being upfront,talking to them and telling them exactly what happened would be just fine... but like Romandad said..they were just looking for me to say something they could tag me with and sure enough they did. Stupid mistake that took me years to clean off my record. LESSON fcuking LEARNED. My first response should have been "I understand you're just doing your job,but i'm calling a lawyer".

 

 

Man what a shitty story on all counts. What about the stupid broad that made this a situation to begin with?? Why was the police involved??

 

Man what a shitty story on all counts. What about the stupid broad that made this a situation to begin with?? Why was the police involved??

It was her response when she came in and the iPod wasn't there waiting for her. She apparently immediately left and called the police. Looking back,of course it was silly for me to agree to using it. Learned a lesson though that what seems harmless to me and others might not seem harmless to some people.

That was a decade ago though,I just chalk it up to being young and not thinking things through fully.

It can very well be the difference between DWI to DWAI or even DWAI to "legal". In court, they will announce the BAC level given at the precinct which will always be lower than if given on scene. Also it won't be prefaced with "but he refused on scene". And even if it was, implied or not, there is no "proof" to hit you with the more severe charge.

 

Mike, if you refuse in the station it's usually a 1 year license revocation. That's the implicit way to force your hand. I guess if you live in Manhattan, NY and don't drive much this is the way to go but for most people this is too inconvenient.

 

That is the initial sentence I assume until it is brought to court. In florida, say there are 3 arresting officers. If you don't blow, and 1 of the 3 doesn't show up to court, you get off free and clear. The only caveat is they could have up to 1 year to subpeona you for a retrial, so its best to move to a friends house if you can.

 

I have a friend with 2 DUI's, and he did exactly that.

So is it better if they want to give you a sobriety test to refuse it as well then?