How not to Handle A DUI Checkpoint?!?!
#1
http://www.youtube.com/watch?v=ESv-39IT1QY

I found the following video (audio, mostly) on YouTube, and I just couldn’t pass it up. Even if what the driver did was legally correct, who wants the hassle of a roadside arrest, a weapons charge and the ensuing legal battle? I certainly don’t, and am willing to comply with any lawful order given by a police officer. I recommend you do the same, so here’s (my opinion) of what this driver should have done differently:

Obey a lawful order, unless you want to be charged with obstruction.
There is case law that allows police to operate DUI checkpoints, so don’t think that they constitute “illegal search and seizure”. Roadside checkpoints are generally nothing more than a review of documents and a few minutes of conversation, but give police reason to suspect you’ve been drinking and it’s bound to end differently. Whether or not the police smelled alcohol through a partially open car window is up for debate, but I certainly heard the driver slur his speech. Refusal to comply with a lawful order and slurred speech are probably grounds for a sobriety check, or forfeiture of your drivers license, in most states.

Know your state’s gun laws.
In Nevada, it’s not specifically illegal to carry a pistol, as long as it’s in plain sight (known as ‘open carry’). Judging from the reaction of the police in the video, neither the gun nor the spare magazine were visible, which IS in violation of state law unless the driver had a concealed carry permit. Nevada doesn’t require you to inform an officer that you’re carrying, but (in my opinion) this is always a good idea. A simple, “Officer, I’m carrying a loaded firearm, holstered on my right hip” would have avoided an awful lot of drama, a possible weapons charge and a potentially violent take down. If you remember nothing else, remember this: you are a threat to police until proven otherwise.

Don’t bust balls.
Yes, there are corrupt cops in the world, just as there are corrupt bankers, lawyers, doctors, etc. It’s quite possible that the driver had a run-in with the police prior to this episode, but it’s not damn likely that the crowd of officers involved in this scene were all corrupt. What’s the point of telling the cop you can’t roll your window down because you complied with his request to turn the car off? You’ve never heard of the “On” position of the ignition switch, which powers the windows without starting the car? At the end of the day, cops have a job to do, just like you and I. Making their life more difficult by playing amateur ACLU lawyer isn’t going to benefit you.

Don’t look for trouble, because you’re likely to find it.
Think that corrupt cops are the only problem in the world? Think that one man armed with righteous indignation and a tape recorder is going to fix that? Realize that this traffic stop could have ended very badly for you or an officer: as soon as a cop yelled “gun”, all bets were off. Had you made a sudden movement, you could have been just another perp who made the mistake of attempting to draw a weapon on police. That you were innocent is irrelevant; Amadou Diallo was innocent as well, but he got shot 19 times by police who mistook his cell phone for a gun. Mistakes happen, and some times they have deadly consequences.

What you do in a traffic stop determines the outcome. If exercising your constitutional rights is more important than driving away with minimal inconvenience, by all means do so. Just don’t complain that all cops are corrupt and out to get you should you choose to behave like this.
Reply
#2
Woah! This is a good topic. I must share this post with my friends as well. One of them just took help of a good DUI attorney Los Angeles to reduce his punishment because he was pressed DUI charges. Thanks a lot for sharing this wonderful post here.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  The Wrong Way To Handle A Traffic Stop Mach 1 Club 3 4,266 04-21-2010, 10:52 AM
Last Post: gvervoren

Forum Jump:


Users browsing this thread: 1 Guest(s)
[-]
Latest Threads
PCM keeps burning out have replaced for...
Last Post: 1969_Mach1
Yesterday 05:34 AM
» Replies: 6
» Views: 154
70 Boss 302 - Night Mission build blog
Last Post: JTS71 Mach1
12-07-2018 01:12 PM
» Replies: 109
» Views: 67529
Alternator Light Won't go off
Last Post: 1969_Mach1
12-05-2018 11:56 AM
» Replies: 10
» Views: 438
"Jacobra"
Last Post: Steven Harris
12-04-2018 02:36 PM
» Replies: 55
» Views: 8189
My newest 1970 Mustang Fastback 302
Last Post: BLACK JADE 69
12-04-2018 12:08 AM
» Replies: 24
» Views: 1765
351c wont start, help
Last Post: 1969_Mach1
12-03-2018 06:35 PM
» Replies: 62
» Views: 1936
New guy with a question.
Last Post: 1969_Mach1
12-03-2018 06:57 AM
» Replies: 25
» Views: 740
Dashboard lights REALLY dim, any fixes??
Last Post: Steven Harris
12-01-2018 12:04 PM
» Replies: 13
» Views: 13530
new member
Last Post: Steven Harris
12-01-2018 12:02 PM
» Replies: 4
» Views: 246
1971-73 "Clydesdales"
Last Post: Mister 4x4
11-29-2018 11:35 AM
» Replies: 26
» Views: 876
Installing Factory gauges in a '71-'73 M...
Last Post: Mister 4x4
11-28-2018 03:26 AM
» Replies: 4
» Views: 743
Pictures and some info from a new guy
Last Post: Mister 4x4
11-28-2018 03:02 AM
» Replies: 18
» Views: 1139
Been Awhile... '71 Rustang
Last Post: Mister 4x4
11-24-2018 01:49 PM
» Replies: 143
» Views: 92269
1965 Fairlane (Mustangmike)
Last Post: JTS71 Mach1
11-23-2018 02:56 PM
» Replies: 14
» Views: 709
Happy Thanks Giving!!!
Last Post: 1969_Mach1
11-23-2018 03:42 AM
» Replies: 2
» Views: 264
How not to Handle A DUI Checkpoint?!?!
Last Post: Vanbens91
11-14-2018 07:22 PM
» Replies: 1
» Views: 2123
Led lights not all that good.
Last Post: Mustangmike
11-14-2018 09:44 AM
» Replies: 20
» Views: 5584
1972 Mach1 rear fold down seat problems....
Last Post: John
11-13-2018 03:04 AM
» Replies: 10
» Views: 683
1972 Mach1 parts
Last Post: John
11-10-2018 10:31 AM
» Replies: 0
» Views: 221
COIL SPRINGS
Last Post: 1969_Mach1
11-08-2018 09:43 AM
» Replies: 5
» Views: 385

>