Please don't drink and drive but.......just in case....

Discussion in 'Off-Topic' started by LelandJim, Jul 14, 2015.

  1. LelandJim

    LelandJim Silver Member

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    How to Respond at a DUI Checkpoint

    07/14/2015

    In 2011, Angel Navarette and his friend Daniel Alfaro were driving through the town of Escondido, CA. As they drove along, they came across a DUI checkpoint. Angel stopped the car and rolled his window down about two inches. The officer politely requested that he roll his window all the way down. Angel refused claiming he could hear the officer perfectly well.

    When the officer asked to please see Angel’s license Angel (who had still not rolled his window down) demanded to know why. Things continued in this fashion until the officer, undoubtedly extremely frustrated, ended the standoff by breaking the car’s window and arresting both Angel and Daniel.

    Despite the fact that Angel was both sober and in possession of a valid California driver’s license, his behavior led to his car window being smashed, his arrest, and ultimately to his being convicted of obstruction of justice. While being stopped at a DUI checkpoint can be terrifying even for drivers with no reason to be concerned, there are steps you can take to ensure that you do not find yourself in Angel and Daniel's situation.


    1. Keep Calm
    Most cars pause at a DUI checkpoint, only to be waved on, with very few cars asked to pull over for a more thorough investigation. When nervous, people tend to talk quickly, haltingly, or loudly. These behaviors can lead to extended questioning or further delay. Rather than a thirty-second inconvenience with a sobriety checkpoint, your own reaction at the stop results in more serious issues and a need for the services of an attorney.

    Remain calm throughout the process. Police officers don't want to make people nervous, but are accustomed to people reacting nervously. Law enforcement officers are trying to identify dangerous drivers to make the road safer for everyone. They use every legal method available to them. By keeping calm and keeping responses short, you save yourself needless worry and give the officers time to check other drivers.


    2. Keep Quiet
    You can legally roll your window down just enough to listen to the officer’s questions, but if that behavior strikes the officer as reasonably suspicious, you may be ordered to pull over. Rolling the window down more fully allows the officer to use a flashlight and invites the officer to get close in an attempt to smell alcohol on your breath while remaining outside your car.

    Be aware that you are not required to answer the officer’s questions. You should respond to the first question only by simply stating that you wish to remain silent, and then say nothing else during the sobriety checkpoint. Do not keep repeating that you wish to remain silent. Just say it once and keep quiet!


    3. Pull Over
    If you elicit reasonable suspicion, you are asked to pull over. At that point, legally, you must provide the officer with your license, proof of insurance, and registration. Having them within easy reach minimizes confusion over hand movements and your intended actions.

    Lower your window sufficient to pass the documents. You are not required by law to talk. You were not initially stopped at a DUI checkpoint because you fit a profile, although it seems so; selection must be by pre-arranged pattern. An officer observed a valid reason to detain you.


    4. Be Respectful
    Even at the point where you would benefit from an attorney at your side, you are not legally entitled to one. Just be respectful of officers and comply with their lawful directions. You can assert your rights, respectfully. You do not have to consent to a search of your vehicle or to field sobriety tests. Keeping quiet and not complying with field sobriety tests may result in your arrest, however it will limit the evidence police can gather against you. If you are arrested, your car will be searched without your consent. When asked any question from the point of being pulled over, reaffirm your rights by stating that you want your lawyer present.


    5. Get Help
    If you are detained at a DUI checkpoint, or placed under arrest for DUI charges, contact your attorney without delay. For most people, a DUI stop is a rare and unsettling event, but an experienced lawyer knowledgeable about DUI helps you manage the consequences and allows you to get on with your life.
     
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  2. B5 Blue

    B5 Blue Platinum Member

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    If I'm not drinking which I won't and drive I'll let them do what they want barring a strip search:D
     
  3. LelandJim

    LelandJim Silver Member

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    My 'cat and alcohol NEVER mix....with the AWD crossover...a occasional cocktail might occur.
     
  4. B5 Blue

    B5 Blue Platinum Member

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    After splitting a pitcher of beer since it stays on your breath and all the crap I took no more nothing and drive for me
     
  5. 70Cuda

    70Cuda Yep, its got a HEMI

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    You will get pulled over faster with the blue car, because they profile by color. I am safe in the red car.;)
     
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  6. solo7777

    solo7777 SRT Terminator Hellcat Car Club Western Regional President HCC Charter Member

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    Yup, blue cars just scream "Hassle me please" :D
     
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  7. B5 Blue

    B5 Blue Platinum Member

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    Cuz they know it's quickest color:Dright budkole

    Yes cuz they know it's slow:pespecially hellcat1 sled
     
  8. purnrg

    purnrg BANNED

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    Okay everyone knows the Challengers with Sunroofs are the fastest (708HP vs 707HP) but they are only available on Canadian cars so you're the fastest in the US B5
     
  9. B5 Blue

    B5 Blue Platinum Member

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    I can live with that;)
     
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  10. Zebug

    Zebug Gold Member

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    First of all... Awesome that the cop broke the window... He should have broke the persons noise in the process for being a dbag

    Second, of course blue is going to get asked to pull over... All gay guys like baby blue so cop will probably just be trying to get your number
     
  11. CDNHellcat

    CDNHellcat Silver Member Hellcat Supporting Vendor

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    I appreciate your points you made however that question you need to ask yourself before you give advice is to make sure you are accurate and that it applies in every state or at least give a disclaimer to check local laws.

    As an example in BC Canada your statements are in accurate and depending on what the driver does, he/she can be charged with obstruction. Our act and Regulations states to take drivers license in hand is just one example.
     
  12. B5 Blue

    B5 Blue Platinum Member

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    Funny Z
     

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