More Out Of Control Govt

[Scat]

Marcus, perhaps re-read the post from KEK because he basically nailed it.

I understand what KEK is saying but I don't see anywhere in the article I referenced where it states that the breathalyzer test will be random or even selectively administered. It just states that these check points will be "no refusal".

Doesn't there have to be reasonable suspicion before the police officer can direct you to blow into the machine?

Define reasonable suspicion. Reasonable suspicion is pretty much whatever the cop says it is. If you hiccup when you roll down the window the cop could use this as reasonable suspicion to administer the test. If there is a long line to get through the check point and you don't feel like waiting they could use your leaving the line and doing a U-turn as reasonable suspicion. If you have a Jack Daniels t-shirt on they could use this as reasonable suspicion. If you question the validity of these check points when the officer approaches you it could be considered reasonable suspicion. The term reasonable suspicion is incredibly vague and benefit of the doubt usually goes towards law enforcement.

I'm pretty sure in Utah if you refuse a blow test you get your license suspended automatically.

That's fine. Driving is a privledge and it states right on your license that you waive certain rights by signing the license. My beef is that refusing to blow should not result in an immediate warrant for your blood. That's the part that gets ridiculous.

 

[Gyp Rosetti]

Marcus,

Exhibit some common sense. Do you really think they're going to have some judge signing off warrants on every single driver that goes through the checkpoint? Law enforcement, if they're doing their jobs, will be selective and utilize the services of said magistrate when needed, almost as a last resort really.

 

[Scat]

Marcus,

Exhibit some common sense. Do you really think they're going to have some judge signing off warrants on every single driver that goes through the checkpoint? Law enforcement, if they're doing their jobs, will be selective and utilize the services of said magistrate when needed, almost as a last resort really.

Just the drivers that refuse to blow. I though that part was pretty clear.

 

[Gyp Rosetti]

Just the drivers that refuse to blow. I though that part was pretty clear.

And if the cops have done their jobs, said person will blow above the legal limit, thus making the warrant deserved, so to speak.

Seriously, if it's going to save a life that night, do you really give a **** if your rights have been infringed upon so greatly? Just saying man.

 

[PearlWatson]

First they came for the terrorists and I did nothing because I wasn't a terrorist.
Then they came for the illegal aliens and I did nothing because I wasn't an illegal alien.
Then they came for the drunk drivers and I did nothing because I wasn't a drunk driver.
When they came for me there wasn't enough space in the prisons...

 

[franklin]

I have more of a problem with the compulsory checkpoints than I do with the breathalyzer after probable cause can be established.

 

[Boondocksaint27]

In UT certain criteria must be met before a DUI checkpoint is even set up. It has to be advertised in papers and/or stated on news, and signed off by a Judge, etc...to give the average person the opportunity to chose a different route on their way home. In order to get a warrant issued for someone's blood you need more then reasonable suspicion, you need probably cause. My guess would be that, as usual, the reporter took certain information from the press release from the department conducting the checkpoint and used that for the story, disregarding the rest of the pertinent info.

 

[LogGrad98]

In UT certain criteria must be met before a DUI checkpoint is even set up. It has to be advertised in papers and/or stated on news, and signed off by a Judge, etc...to give the average person the opportunity to chose a different route on their way home. In order to get a warrant issued for someone's blood you need more then reasonable suspicion, you need probably cause. My guess would be that, as usual, the reporter took certain information from the press release from the department conducting the checkpoint and used that for the story, disregarding the rest of the pertinent info.

The interesting thing about this point is that I have been through 2 checkpoint along these lines. Both of them on the way to Wendover, both well past Tooele and Grantsville. Hardly any opportunity to choose a different route. I didn't balk too much as I wasn't drinking, but it sure doesn't support the point that they are advertised to you can choose a different route.

Also, couldn't the drunks choose a different route too? Seems counter-productive if they are trying to catch drunk drivers to announce it to the world like that.

 

[Boondocksaint27]

I'm not 100% on the exact criteria. Though, I don't think it has to advertised state-wide. It may have just been in Tooele county and Wendover.

I hear you about being counter-productive, but that's the way it is, at least right now. They always do seem to nab a few DUI's though.

 

[Duck Rodgers]

They've been taking the blood of babies at birth for decades now, I don't see why some cop shouldn't be able to jab you with a needle. Maybe rough you up a bit....pin you down....and then jab you....have a little fun at your expense. I'm of the opinion that if you refuse the breath test, you're probably working for Al Qaeda anyway.

 

[TroutBum]

I am in total agreement with KEK, and I love it when a real cop comes into a thread like this and lays the smack down. I just wonder how ol' Marcus would feel if one of his kids was killed by a drunk driver. Think he'd still be up in arms about his personal freedoms? Doubt it. I would gladly get stopped at 10,000 checkpoints if I knew that that checkpoint would stop one single DUI. Piss on you *** wipes that drink and drive.

 

[VINYLONE]

I am in total agreement with KEK, and I love it when a real cop comes into a thread like this and lays the smack down. I just wonder how ol' Marcus would feel if one of his kids was killed by a drunk driver. Think he'd still be up in arms about his personal freedoms? Doubt it. I would gladly get stopped at 10,000 checkpoints if I knew that that checkpoint would stop one single DUI. Piss on you *** wipes that drink and drive.

I agree with Trout.