Three people were arrested during a DUI checkpoint in Concord over the weekend.
The checkpoint was held at Monument Boulevard and Erickson Drive from 7 p.m. to 3 a.m.
744 vehicles were stopped and three people were arrested for DUI.
Checkpoint locations are based on a history of crashes and DUI arrests, according to police.
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Know your Constitutional rights.
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Motorists are not required to roll their window down, speak, or look at the law enforcement officer.
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With the window rolled down, the police are “fishing” for a probable cause by smelling your car, your breath, and checking for pupil dialation.
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So you would rather a drunk driver hurt or kill somebody rather than give up your rights? I’m just annoyed by your stupid comment.
It’s been decided by the California Supreme Court. Ingersoll v. Palmer.
At a DUI checkpoint, you are legally required to follow the directions of a peace officer. If not, the officer can and will arrest you for obstruction of justice.
However, there is no law against turning around and avoiding a DUI checkpoint. It is illegal for police to pull you over because you drove away, as long as you don’t make an illegal U turn.
Source: Los Angeles DUI Attorney.
@Exit 12A – You are right in that cops at a checkpoint are fishing for probable cause. The good news is that DUI checkpoints are announced ahead of time. You are free to roll through the next checkpoint that comes up and argue with the cops about your Freeeedom. Hopefully, you will get arrested and then can argue with the judge, and eventually the Supremes, about your Freeeedom…
@Exit 12A…That goes over as well as telling Johnny Law when he pulls you over you’re a sovereign citizen just traveling and you don’t need a license, registration or insurance…Good luck with that.
@Jen
No. This merely informing you of your Constitutional rights.
… And I am annoyed by your ignorance.
@Dawg
The minimum requirement is to provide drivers license, registration, and insurance card to the officer. That is reasonable. You have the right to remain silent otherwise and need no interact any further.
U-turn? That move, illegal or not, would like grounds for a traffic stop simply because of the checkpoint. Go ahead…you try it.
@WC Resident
I wouldn’t be arguing with any law enforcement officer. I would be complying with the minimum lawful requirement and protecting my civil rights under the US Constitution.
“The minimum requirement is to provide drivers license, registration, and insurance card to the officer. That is reasonable.”
And you’re going to do that without rolling down your window.
@Exit 12A – The deal seems to be that you chose to enter the DUI checkpoint. Entering a checkpoint is you giving consent to the process right then and there. As they will ask for your drivers license you have to roll the window down. I don’t think you would be allowed to open the door unless they tell you to step out of the vehicle.
As you entered the checkpoint it appears consented to have consented to a visual, aural, olfactory, and verbal search. You could try disrupting the process cops are used to by rolling the having the window down a 16th of an inch, slide your ID out, and closing it. I suspect the “process” for you will be much longer than someone who keeps their window down and appears to be cooperating with the process.
I agree with you completely that checkpoints are fishing for probable cause. However, it appears the courts are okay with them. Your efforts to argue that they, or parts of the process, are are unconstitutional seem like a sisyphean battle. You may win a point on a detail within the process. Law enforcement would then modify the process. I’m sure that’s already happened such as that they now announce the checkpoints ahead of time.
Why are you people so eager to give up your rights or are you only eager for other people to give up theirs. You people scare me. DUI checkpoints don’t concern me. You do !
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+1
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Exactly.
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Exit 12A—Maybe you didn’t read my entire comment. I’m not debating you. I got my information from a source, that source being Los Angeles DUI Attorney.com, and Ingersoll v. Palmer.
In your original comment, you said motorists are not required to roll their window down, speak, or look at the law enforcement officer. I didn’t argue your point at all. According to my source, Los Angeles DUI Attorney.com, it is illegal for the police to stop a person if they turn away from a DUI checkpoint, as long as they do it in a legal manner.
Don’t shoot the messenger.
Dawg is right.
You don’t have to drive through a DUI checkpoint. You can turn off ahead of time. A DUI checkpoint must provide avenues of exit by design.
In the case of the one setup by Concord PD last Friday it was on Monument Blvd and you could literally see it a mile away. They also had signage setup (the big electric lit kind) that said “DUI CHECKPOINT AHEAD.”
By law, if you enter a DUI checkpoint, you MUST stop, roll your window down and follow the directions of the peace officer.
It’s not that hard and no ones rights are being violated. You make a choice to drive through it.
If you don’t want to be checked for impairment don’t drive through it.
Exit 12A
I love you
I don’t care for DUI checkpoints. I’ve always considered them constitutionally questionable, although the courts continue to allow them. There seems to be a trend to enforcement patrols which I think are far more effective.