Dui Checkpoints

[Anselmo 87]

Driving a motor vehicle is not a right, its a privilege.. You are not being stripped searched or having a pat down.. You speak with an Officer and are on your way... I don't see how your rights are being violated.. You are not being taken out of the vehicle and having your vehicle or persons searched.. You simply roll down the window and speak with an Officer.. The best are the guys that roll up with their windows lowered about half inch and say they did nothing wrong and ask if they are being detained, blah blah blah.. Meanwhile his vehicle easily has 10 mv violations.. Yea.. Real smart.. Each checkpoint is authorized and overseen by the prosecutor to ensure everything is done 110% correctly.. If it was illegal then we wouldn't be doing it and wouldn't get convictions in court..

 

Many of the brightest legal minds in the country disagree with you. However, SCOTUS ruled 6-3 that it is constitutional. But, if you don't see how rights could be violated, why is there a prosecutor there? Although, I don't see how having the wolf watch the hen house makes sense.

 

There are many here that think that NJ's gun laws infringe on the 2nd amendment. But, if it keeps one illegal gun off the street or keeps one convicted felon from obtaining a gun, it is worth it. Right?

[TacGuy911 25]

This is where I disagree.. The right to own and keep arms is written in the constitution.. There is nothing in the constitution about driving and cars... You are not searching or seizing anything in a dui checkpoint... You are mere interviewing the driver for a short period and releasing them on their way as long as they are not visibly intoxicated... I do not agree with ALL gun laws but do believe that a person should be checked to ensure they should be able to obtain a gun.. I do not feel that it an infringement to ensure the person purchasing is not a convicted or wanted felon... I also find that the monitoring of guns purchases is not an infringement.. This will help prevent 1 person purchasing 10 handguns in a state that does not regulate the sale and then selling them on the street to those not supposed to own a gun.. I disagree with the whole Conceal Carry process in this state.. I do believe law abiding citizens should have the right to carry and not be told that they cannot simply because they don't have a good enough reason to need to carry.. I think the problem is that most people can't find common ground and sort of like our current Governor want it their way or no way..

[djg0770 481]

It's not about driving cars or what's in the constitution. Those rights NOT SPECIFICALLY GRANTED TO THE GOVERNMENT ARE RESERVED FOR THE PEOPLE.

 

Furthermore, you are being unlawfully detained on your course of travel every time one of these DUI checkpoints occur. How come they don't run one on the parkway or the turnpike if they're legal? Surely drunks drive the parkway, the turnpike, and the interstates...

[halbautomatisch 60]

I feel these checkpoints are unconstitutional and are nothing more than "suspisionless investigatory seizures", as pointed out in this excellent article. Just like those roadblocks that ICE does for immigration checks miles inside the US from the border with Mexico. The govt is always probing to see what they can get away with, trying to push that bar as far as they can without anyone pushing back.

 

The supreme court needs to look at this again. Their last decision was based on their idea that a little unconstitutionality or infringement on liberty is OK because the intent is good for the masses (stopping drunk drivers). I always subscribe to the old saying "the road to hell is paved in good intentions". Sounds like judicial activism to me.

 

And Canada,

 

I even saw a CBP vehicle on rt 2 in Ohio on my way to CMP, I guess they're worried the Canadians might swim across lake Erie.

[halbautomatisch 60]

Here they have the occasional DOT inspections, which seem to concentrate on commercial drivers in commercial vehicles.

The NJSP has a Motor Carrier division that does this - people want to talk about arbitrarily getting stopped and asked for papers, this is the worst example.

My question what if an out of state driver goes through the NJ MVC mobile inspection checkpoint? They can't cite a driver for only having one license plate or doesn't have an emissions check certificate if their state back home doesn't require it. I guess for them ...they check license, insurance and registration and lets them go on if those are in order? I would imagine having only one plate or no emissions sticker if your home state doesn't require it would be a non issue, they would still probably do a safety inspection for bad tires, cracked glass, lights not working, etc.

[TacGuy911 25]

It's not about driving cars or what's in the constitution. Those rights NOT SPECIFICALLY GRANTED TO THE GOVERNMENT ARE RESERVED FOR THE PEOPLE.

 

Furthermore, you are being unlawfully detained on your course of travel every time one of these DUI checkpoints occur. How come they don't run one on the parkway or the turnpike if they're legal? Surely drunks drive the parkway, the turnpike, and the interstates...

 

Well the courts have ruled that being interviewed for the short time(usually less then 30 seconds) that it takes to speak with the officer does not infringe on any rights of the people.. Furthermore I would point out the obvious that for safety reasons you would not have a checkpoint on a highway where the legal limit is 65 but average speed is higher.. There is more of a risk to public safety by putting a checkpoint in the middle of the turnpike or parkway.. Such roadways would be better suited for a roving DWI detail...

[Soju 153]

. Furthermore I would point out the obvious that for safety reasons you would not have a checkpoint on a highway where the legal limit is 65 but average speed is higher..

 

You sure about that one?

[Malsua 1,422]

There is more of a risk to public safety OUTRAGE by putting a checkpoint in the middle of the turnpike or parkway

 

I'm afraid that you simply do not understand that the government does not have a right to stop you without suspicion of illegal behavior. The conveyance does not matter.

 

That the court system allows it is immaterial. If we do not submit to this unlawful stop, the behavior that the cops will engage in to ENFORCE this stop is all the evidence you need to know that it is an unwanted, non voluntary and unlawful detention.

 

My wife was in severe gastronomical distress and I was waived aside by one of these overtime generation machines. I told him that I'm going to the hospital who's entrance was 100 feet away and if he's got an issue with me, take it up there and I left I didn't give him the opportunity to responde. He was not happy with me. He followed me into the lot in a huff but once he saw me essentially carrying my wife into Newton Memorial, he turned off his lights, turned back around and left. Effing peckerwood.

[ExpendableRaj 1]

overtime generation machines

 

This guy wins the thread.

[Babaganoosh 192]

But it's for the children...

[diamondd817 827]

I'm still for profiling

[Wolfy 51]

Driving is a privilege not a right so they can ask you.

 

Let's be honest the DMV check points are all about revenue. On Rt 206 in Montgomery they run the DMV stop at least once a month.

[PeteF 1,044]

Let's be honest the DMV check points are all about revenue.

 

We have a winner.

 

If a cop witnesses a car swerving or being driven erratically there are plenty of laws being broken that can get that person off the road.

But heaven forbid a 250 lb guy has 2 beers with dinner, Ability to drive 0% impaired, but blood alcohol over the "Limit". Therefore you are an evil person subject to fines, imprisonment, loss of license etcetera.

 

How's about punish the behavior? You do something wrong you pay the consequence.

[Jon 264]

We have a winner.

 

If a cop witnesses a car swerving or being driven erratically there are plenty of laws being broken that can get that person off the road.

But heaven forbid a 250 lb guy has 2 beers with dinner, Ability to drive 0% impaired, but blood alcohol over the "Limit". Therefore you are an evil person subject to fines, imprisonment, loss of license etcetera.

 

How's about punish the behavior? You do something wrong you pay the consequence.

 

When you have 4 cops patrolling 40sq miles of urban/suburban territory, it's going to be real tough to catch people in the act.

[coldsolderjoint 84]

Ok, I'm going to put my flame suit on here, but its also about a societal breakdown to a certain level.

 

People aren't responsible anymore, and wont stop others from driving for the most part.

 

Now I'd venture to say almost all of us in this group are responsible individuals and that's why we are bothered by these stops.

 

But for the other 80% of the world that is driving around drunk and killing each other..

 

I was stopped for the 30 second check in Holmdel a few months ago probably, and while I was there, there where 3 or 4 other cars with the drivers being removed, and although I was only there long enough to see the first one, the chick was obviously too retarted to buy a twinkee from the 7-11 let alone drive a car.

 

It pisses me off more when I almost get hit by a drunk and can't do anything about it then being stopped for 30 seconds because i don't drive when im too retarted to remember my name.especially when the results seem to work.

 

I understand it about being a slippery slope, and for the most part, I agree with the constitutional rights guys.

 

But the question is then.. where is the healthy balance? Shall we place a cop on every corner of every road in every town in every state? Talk about property taxes then..

 

Shall we just relax the prosecution rates back to like it was in the 60's.. where everyone was driving around drunk and not using seat belts, and running over babies, etc... wasnt that a major part of the reason why the national highway transportation act, and seat belts and all that jazz started? and then the fatality rates dropped?

[KpdPipes 388]

We have a winner.

 

If a cop witnesses a car swerving or being driven erratically there are plenty of laws being broken that can get that person off the road.

But heaven forbid a 250 lb guy has 2 beers with dinner, Ability to drive 0% impaired, but blood alcohol over the "Limit". Therefore you are an evil person subject to fines, imprisonment, loss of license etcetera.

 

How's about punish the behavior? You do something wrong you pay the consequence.

 

it is physically impossible for a 250# person to be "Over the Limit" after 2 beers.

 

As for "Revenue generation".............. Bullsnot..the towns get very LITTLE of any fine monies generated by ANY Motor Vehicle violations..in fact the Towns in a lot of cases, where it gets dragged on LOSE money through having to pay Court time ot the officers as well as the Judges, prosecutor, and court personnel. Any other Fairy Tales you guys want to indulge????

[PeteF 1,044]

it is physically impossible for a 250# person to be "Over the Limit" after 2 beers.

 

Please tell that to the cop that hand cuffed me and brought me down to the station. And as to impaired he arrested me AFTER I parallel parked my car in tight city spot.

Yeah when I got down to the station I was released with a seat belt ticket, because the station meter read sober. But I really enjoyed be cuffed.

 

 

As for "Revenue generation"..............

 

After adding Ticket cost, court cost, administrative cost, clerks computer cost, Insurance surcharge etc yeah all its just a money grab.

[CageFighter 236]

Most folks feel one way, until they've had a family member or friend killed by a drunk driver, then their opinion usually changes.

 

thats the LIBERAL attitude in the NY/NJ area. (esp about capital punishmt, etc)

[CageFighter 236]

sorry to say, but COPS are the BIGGEST violators of DRUNK driving bc they can get away with it! I worked in a bar for over 9yrs and see it all 1st hand! Whats good for us ISNT good for them....-WTF!

[Soju 153]

There are over three times as many DUI arrests made from routine patrols as there are from DUI checkpoints. They cost less, are more effective, and don't infringe on peoples liberties under the guise of public safety. So why are DUI checkpoints still done? For the exact reasons already stated. Revenue.

[joecs1 11]

We have a winner.

 

If a cop witnesses a car swerving or being driven erratically there are plenty of laws being broken that can get that person off the road.

But heaven forbid a 250 lb guy has 2 beers with dinner, Ability to drive 0% impaired, but blood alcohol over the "Limit". Therefore you are an evil person subject to fines, imprisonment, loss of license etcetera.

 

How's about punish the behavior? You do something wrong you pay the consequence.

'

 

Here is where you guys will beat me up.......long story, not about check-points, but semi appropriet for this thread!

I recently lost 130lbs with Lap-band surgery. I cant hold my boose like I used to. I knew that already. Out one night this summer in my Mustang, after dinner, and had 2 glasses of wine with dinner. I felt fine and was driving fine. I got pulled over because there was an APB out on a red sports car. That was the ONLY REASON I got pulled over. with Lap band you regurgitate a lot and the smell of booze stays with you and the officer said I smelled strongly of booze. Did fine on field sobriety test but officer said I struggled/stumbled getting out of my car(its a sports car and lowered 2" and is a sruggle getting in and out every day) and that was the reason to go to station even though the field test was good. Even though they have dash cams and record your conversations with the officer, they could not produce any recordings that night. I blew .08 in the station which was thrown out because the temp prob was no good(in the courts eyes at the time) in the breathalizer. Yes, .08 is no good! And apparently very easy for me to do! When I was 320lbs I could have 4 glasses and feel nothing! In the end I walked away good thank God. 2 drinks is all I had! It doesnt take much at all! Unless you dont touch alchohol at all, most of you will prob say 2 drinks is no big deal and have done it as well! Think again!

Edited December 17, 2011 by joecs1

[TacGuy911 25]

Please tell that to the cop that hand cuffed me and brought me down to the station. And as to impaired he arrested me AFTER I parallel parked my car in tight city spot.

Yeah when I got down to the station I was released with a seat belt ticket, because the station meter read sober. But I really enjoyed be cuffed.

 

 

When and where did this occur?? First of all if you are being arrested and brought to the station for suspicion of DWI/DUI your car MUST be towed by state law (John's Law).. Second.. Even if you showed a 0.00% BAC on the machine you still get the summons for DUI. We don't just lock people up because they say they had 2 beers.. I find it hard to believe that an Officer, let alone his supervisor, would allow you to just leave with a seatbelt ticket after everything is said and done.. Either you are not telling the truth or leaving out some other information..

[KpdPipes 388]

Please tell that to the cop that hand cuffed me and brought me down to the station. And as to impaired he arrested me AFTER I parallel parked my car in tight city spot.

Yeah when I got down to the station I was released with a seat belt ticket, because the station meter read sober. But I really enjoyed be cuffed.

 

 

 

 

After adding Ticket cost, court cost, administrative cost, clerks computer cost, Insurance surcharge etc yeah all its just a money grab.

they you should have sued him, since in NJ your arrest is based SOLELY ON THE OFFICER'S OBSERVATIONS..the BAC is done AFTER you have already been arrested.

[KpdPipes 388]

There are over three times as many DUI arrests made from routine patrols as there are from DUI checkpoints. They cost less, are more effective, and don't infringe on peoples liberties under the guise of public safety. So why are DUI checkpoints still done? For the exact reasons already stated. Revenue.

Whatever you say....

[TacGuy911 25]

There are over three times as many DUI arrests made from routine patrols as there are from DUI checkpoints. They cost less, are more effective, and don't infringe on peoples liberties under the guise of public safety. So why are DUI checkpoints still done? For the exact reasons already stated. Revenue.

 

What are you referring to when you say "routine patrols".. Are you saying that more DUI arrests are made by the patrol division then by the DUI checkpoints? Or are you talking about DUI only patrols aka roving units? Because if you are referring to the patrol division you are talking about a division working 24 hours a day and 365 days a year vs. a checkpoint that might be setup once a month for 5 or 6 hours.. So 8,760 hours vs. 72 hours... And if you are referring to the roving units, those can be set up and done whenever the department wants and are usually done more frequently.. so guys might be called in for a roving DWI/DUI detail multiple times a month if the city wishes.. I know where I work we do the roving details about once or twice a month while checkpoints are usually done around certain holidays... So again.. You will get more lockups during the roving detail as it occurs more frequently..

[PeteF 1,044]

When and where did this occur?? First of all if you are being arrested and brought to the station for suspicion of DWI/DUI your car MUST be towed by state law (John's Law).. Second.. Even if you showed a 0.00% BAC on the machine you still get the summons for DUI. We don't just lock people up because they say they had 2 beers.. I find it hard to believe that an Officer, let alone his supervisor, would allow you to just leave with a seatbelt ticket after everything is said and done.. Either you are not telling the truth or leaving out some other information..

 

Near Albany, 1986 in a college town, reason given for pulling me over 33 in a 30. Officer said I blew a .1 at the stop and it was down to a .02 1/2 hour later in the station. Real reason, show the college kids who is boss. And yes they did tow my car out, My friends were watching and laughing at the tow guy try for 15 minutes to get the car out. It was that tight so I must have just had the luck of the drunk to park it in there.

 

 

So the town you work in issues summons for non offenses?? Please let me know what town that is so I won't visit and get a ticket for OBEYing the law.

[Jon 264]

Near Albany, 1986 in a college town, reason given for pulling me over 33 in a 30. Officer said I blew a .1 at the stop and it was down to a .02 1/2 hour later in the station. Real reason, show the college kids who is boss. And yes they did tow my car out, My friends were watching and laughing at the tow guy try for 15 minutes to get the car out. It was that tight so I must have just had the luck of the drunk to park it in there.

 

 

So the town you work in issues summons for non offenses?? Please let me know what town that is so I won't visit and get a ticket for OBEYing the law.

 

In my 4yrs of dispatching for my PD, not a single officer has arrested someone for DUI that didn't blow above .08. They normally call the BAC within .02% +/- based off of the sobriety checks on the side of the road.

[AverageJoe 95]

Hopefully this should not matter to anyone, but from Dec 12-18 Morris County is doing DUI crackdown. Two were up I passed through tonight. One in Morristown at the train station and one on Route 10 between Denville/Randolph.

 

Stay safe

Yea, after leaving RTSP this past Thursday night, going home around 9:40pm, there was a checkpoint on the westbound side. Dude, the traffic was backed up for miles...I must of just missed it on my way to the range...I'd be mad as hell getting stuck in that.

[TacGuy911 25]

Near Albany, 1986 in a college town, reason given for pulling me over 33 in a 30. Officer said I blew a .1 at the stop and it was down to a .02 1/2 hour later in the station. Real reason, show the college kids who is boss. And yes they did tow my car out, My friends were watching and laughing at the tow guy try for 15 minutes to get the car out. It was that tight so I must have just had the luck of the drunk to park it in there.

 

 

So the town you work in issues summons for non offenses?? Please let me know what town that is so I won't visit and get a ticket for OBEYing the law.

 

Wait wait wait wait.. Ok.. So first of all this was 1986.. It is physically impossible to go from a .10 to a .02 in 30 minutes.. The burnoff rate for alcohol is .015 per hour.. So if you blew a .10 at the stop then 30 minutes later you would have blown a .093 if anything.. How old were you when you got stopped?

 

 

On a side note the summons is not being issued for a non offense.. I arrested you because I felt that you were too impaired to drive.. Just because you blow less then a .08 does not mean you are not impaired.. You have a better chance of getting it thrown out but a Judge can still rule against you based on observation..

[Shawnmoore81 623]

They do it for the money. I think it's redicilous how much cops are like tax collectors now. What really pisses me off is red light cameras and liscence plate scanners. Police doing police work is fine but it's getting carried away.