Protect Yourself From DUI Checkpoints + Why They're Absurd
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- čas přidán 4. 01. 2021
- What should you do if you end up in a DUI checkpoint? And did you know these checkpoints don't actually catch drunk drivers?
Indiana story about checkpoint failures:
www.abcactionnews.com/conquer...
Contact Andrew: www.AndrewFlusche.com/contact/
Facebook: / andrewflusche - Auta a dopravní prostředky
I was caught up in one of these in Virginia. The State Trooper couldn't find anything wrong with me so he decided to do a vehicle inspection. He came back and cited me for insufficient tread on the right front tire. There was nothing wrong with the tire, I went to court and had it thrown out. This was about revenue generation and nothing more.
Riiiiiiight 🙄
Where in Virginia?
Your country is very, very corrupt.
If I was the judge I’d ask the incompetent officer
“So what’s the crime? Was a crime committed? We’re there any illegal substances, weapons, bombs, or sex trafficking? Then why are you wasting everyone’s time? Unconstitutional Search and no reasonable suspicion! (Throws the case out) Seriously go home rethink your life.
glad the roe v wade thing was taken care of PROPERLY ;)
When I am asked by an officer where I'm going, I always point forward and say, "This way.".
I'd b to tempted to say "to your moms house"
@@that1guy82 😄
"where ya coming from?" Thata way.
I've got a digital compass in my Didge truck, so I'll reply, "West ", or whatever
'Where are you going?" Point B
"Where are you coming from?" Point A
I came upon a checkpoint leaving a wedding party where I was the designated driver. I had had only one sip of wine over 4 hours prior, for a toast, that's why I drove. The checkpoint was in the mountains in the middle of nowhere, on 4th of July. The cop who stopped me was very "friendly" and even offered to get my license out of my trunk for me when I told him they were in my other pants. He wanted to search my trunk, No thanks. He wanted to question my passengers but they were smart enough to keep mute. Then, after he couldn't do anything else, the had me do the breathalyzer. It was my first time doing it, but i'm pretty sure the officer is not supposed to YANK the device out of my mouth in the middle of doing it knocking it against my teeth audibly when he becomes disgusted he can't charge me for anything. my driving record is clean, he saw me walk perfectly to my trunk and back and I speak like a Polite English grammar instructor, cuz I am. He didn't know what to do with me, except get pissed.
Oh yeah, I almost forgot, when he asked me how much wine i had to drink and I said "about an ounce 4 hours ago", he replies "an ounce of WEED?!?!" Excuse me, officer Dupe? You asked how much I had to DRINK, why TF are you talking at me about weed?" Lesson learned, Never talk to cops, they are just looking for reasons to lie and take your words as evidence of anything that gets them brownie points. Hateful People who only are looking to cause trouble is what these guys were.
What is the point of being the designated driver if they try to put me in jail simply for driving safely? I'm literally keeping other inebriated people from driving and this is the thanks I get. Fuck Him and his ilk. They are fishing traps and nothing else. if they want to catch drunk drivers why not actually go to where people are driving, not lonely country roads where people are just trying to get home.
Dude, as soon as you tell them you even had as little as a sip of wine that creates probable cause. As you have learned the hard way, do not say anything to them at all.
most of these "dui checkpoints" are to get people on minor tickets for license, registration, and insurance tickets.
@@wowmageturtle15 Do cops get bonuses for a number of arrests or tickets, regardless of whether they made up or forced the violation?
@@dewfall56 no, but the jurisdiction will get the money from those fines and penalties, and some of that could be added to the police department budget.
All a part of why they are generally disliked, I suppose
0.3% of drivers were charged with DUI. What would be even more interesting to know is, what percent were charged for things unrelated to driving under the influence, what were those charges, and how much $ was gathered in total fines.
The other issue to consider is that even if 0.3% were charged, how many were actually convicted?
@@sbrazenor2
Oh every one you can bet on that.
@@dukecraig2402 And they should be.
@@jimclark6256
I'm glad you're so eager to see your fellow citizens being bullied around over hypothetical harms done to society.
Why stop there? In the interest of public safety we should just chain everyone up inside their homes and only let them out for a few hours a day under constant police supervision.
You know sometimes in life an accident is just an accident, that's just the way the ball bounces, I've lost people close to me all the way from traffic accidents to my son being murdered days before this past Christmas by a random psycho, anyone who thinks there no difference between losing someone to an accident as opposed to them purposely being murdered has no idea what they're talking about and take it from experience, if they can't cope with losing someone from an accident they'll never be able to deal with someone close to them being murdered.
There's a HUGE difference between the two.
@@dukecraig2402 Acquittals do happen
Years ago while driving in Virginia I came upon a checkpoint. I went into a tent and did their breath test. They claimed I was .02% and let me go. I did not and have NEVER drank an alcoholic beverage. I don't know what their racket is, but I don't blame anyone for not trusting them.
some foods can increase the percentage even if they are without alcohol ( as a result of fermentation), also probably a bad idea to drink Kvas since that will show up also.
Sounds like they intentionally calibrated the device to be a few points in advance so that even people within the legal limit blow at or over the limit.
@@colonelhacker3661 reply above yours already explains it. I was tought this in driver's school. Food can ferment and increase the alcohol levels on your blood thats why, at least where I'm from, you are legally allowed to drive up to a certain percentage of alcohol on your blood since it can come from something you ate
Of course you're smarter now and would never consent to that.
@@yuriythebest help! what is Kvas?
do drink Kombucha & had saurkraut. Since u mentioned fermentation, could these be a problem?
i dont drink alcohol
I was coming home from working a night shift, I decided to stop at McDonalds for some breakfast. I left the parking lot and immediately got pulled over for a DUI check. I told them I just got out of the McDonalds parking lot, and the cop said I swerved a little as I turned. They checked my license, probably saw my McDonalds bag and let me go. Not more than 10 seconds later another cop pulls me over and starts to ask me if I have a turbo in my car. I asked him if that was a against the law, he said no, and I asked him why he pulled me over right after I was pulled over by his partners, he muttered something, and I asked if I could go, he said yes, and I left.
I get so tired of these cops doing what they want, when they want, and never get busted for it. They knew I was not drunk, they saw a red sports car, at 4 in the morning, and wanted to mess with me.
and that is why I never drive red cars. If I'm at a car rental place I tell them any car except a red one. If the car is red then I ask them to change it. Many years ago in 1979 a secretary told me she drove POS old car in CA and would speed all the time. She said she never go stopped by the cops. Bought a brand new red Camaro and started to get pulled over all of the time even though she said she drove the same speed.
Agree with you. I had a turbo car one time and I use to get stopped all the time. They were just knit picking.
When I was in 5th grade, a DEA agent came to my school and educated us on what they can and can't do. The information I learned that day has helped me multiple times throughout my life. This should be taught at all schools.
Gov't class should be 4 years of how to exercise your Rights and deal with Gov't employees. Survival training as it were...
I and many others would click on a video entitled "What I learned from a DEA agent in 5th grade." 👍
My dad told me to always to respect any authority figure. How times have changed. He’s still right, but I had to teach my kids NOT to talk to police. One day my son got stopped and harassed to allow a search. He stayed quiet. The officer goes up to his friend and says it’s ok he gave permission to open the glovebox. 🙄
LOL, like they will also teach the kids about "Jury Nullification" too.
I appreciate how you call out the Supreme Court for it's atrocious and arbitrary and capricious record of protecting our rights.
They are the root of the treason that infests America today.....
@@6StimuL84 I'd like to agree with you.... However, they are appointed by politicians who are elected by the people. So who exactly is to blame other than the citizenry for sleeping while they are fleeced by those they elected?
Politicians don't care what we think and too many people's votes can be bought with empty promises of free stuff.
checkpoints are particularly egregious because there is no reasonable suspicion for the stop. They're fishing expeditions pure and simple. Stopping everyone should be even worse in the eyes of the court but there have been some I credibly dubious opinions from all courts.
@@p.doetsch6209 The fact that we get the government we deserve does not ameliorate the guilt of those we have elected and who raised their hands and swore an oath to uphold the Constitution and then proceeded to ignore said oath for political convenience.
@@p.doetsch6209 No, they are chosen by the Parties. They have never represented the People in our entire history. And they aren't designed to.
I'm not in favor of police interrogating me for any reason other than if they suspect me of committing a crime (and having a good reason to do so) and have detained me. No fishing expeditions.
In our state, you must give your name when detained, i.e. not "free to go" but not under arrest.
I used to carpool with a man who was a V-Cop (volunteer). They would direct parades, and church parking lots on Sunday.
He was called to assist with a DUI checkpoint. He quit after he was told to inspect the whole vehicle while the driver was doing the paperwork with the cop at the window. Everything: dead tag light, thin tires, noisy exhaust dirty tag, ..... Tickets written. Essentially a safety inspection at a roadside DUI check.
I don't know what state your in but in most states you need a license to inspect cars I am not blaming the volunteer but the cop. Welcome to the USA
@@lswanger22 Possibly I wasn't clear. Cops can cite you for dead tail or tag lights. Cracked glass, dirty tag, deep window tint, worn tires, and so forth. None of which require a mechanic or a license to inspect.
"I would rather release 25 guilty men than imprison a single innocent." - Thomas Jefferson
"Let's inconvenience hundreds, deter zero, detain plenty of innocent people and possibly even get them arrested because people aren't people, they're statistics. Having those statistics ultra high shows I'm 'tough on crime' and looks great in political ads even though it ruins families and puts more economic pressure on poor citizens which has a direct correlation to crime rates." - Modern Law Apparently.
Welcome to gun control, no free shirts.
@@joec3090 not to "actually" you but actually they had more gun control back then. It wasn't until the 50's and 60's the supreme court after being heavily lobbyed by the newly taken over and radicalized NRA (NRA used to focus on gun safety too and teaching kids and people gun safety tips. After the leader was ousted they focused on giving everyone guns.) So the supreme court focused on the first half of the second amendment which is "the right to bear arms" and ignore the second half which is "by a well regulated militia."
History is interesting.
@@joec3090 Of course gun control has a big impact on crime' too because they noticed all these drug dealers had guns which terrified everybody because they couldn't figure out "Why would these people who after being stolen from can't call the police for protection or to recoup their losses be carrying fire arms for personal protection? ITS SO SCAWWY!"
So they started creating dumbass laws that could put you away for life if they caught with drugs and you had something to protect yourself from someone stealing those drugs or money from you.
Just a self serving and poor destroying law.
Jefferson held hundreds of innocent people in bondage, some of them his own offspring.
@@josephmatthews7698 10 US Code § 246 defines the militia as follows:
"The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard."
Personally, I think it's great that we allow the elderly and also civilian women to own guns, but the argument "the second ammendment only grants the militia the right to keep and bear arms" really falls apart when you realize that "the militia" really just means any and all men who could hypothetically be fit to serve in a military or paramilitary organization. I feel better knowing that the women in my life have access to the tools they may need to defend themselves and I don't think they should lose that right purely on the basis that they aren't young men.
The supreme court is absolutely wrong about checkpoints. They are clearly a violation of the 4th amendment. The primary purpose is to run warrants and look for other violations. Dui is just an excuse.
Also violates public vehicular travel and 5th amendment, self incrimination, we don't have to give i.d. unless we violated a law or committed a crime.
Youtu.be/DmnjKV09OS4
Remember this when you serve on a jury. And remember that a juror is under no obligation to explain their vote to anyone.
C’mon man... when has the Supreme Court ever need wrong?
The SCOTUS is wrong about a lot of things.
I dated a lady was was an Assistant DA. The first thing they do is preside over DD cases so she was knowledgeable. I argued to her that a forced breathalyzer or similar test is an obvious violation of the 4th and 5th. I think she personally agreed but told me that has been tried and in our state, specific laws were passed to where refusal is of course possible but has such severe consequences that no one in their right mind would do it. Which doesn't mean it isn't complete BS and still a violation.
It’s not about catching drunk drivers it’s about running as many warrant checks as they possibly can it’s about money it always is about money not justice not the law money
I hate to be the "well actually" guy, but that's not true. I can run you from your license plate just driving down the street. Also, DUIs do not make any money for the city. The cost to pay a cop, run lab tests, and incarcerate far outweigh any revenue generation. If you are interested in the real problem, scroll up to my response.
@@grendul4497 and if i'm driving gramma's car? you can only run the owner, not the driver. and Daryl wasn't implying the DUI is about money, its all the other tickets they generate while the stop is in progress.
@@mr.behaving Yeah, hate to break it to ya, that still won't generate any sort of revenue to justify an operation like that. Also, Daryl attacked the wrong aspect of DUI checkpoints. If you're really interested in what I think, scroll up and see my other comment.
Running warrant checks is good while they are checking you.
There looking for lots of people who have committed violent crimes, like rape, murder, molesting children and much more.
@@grendul4497 : Fines for DUI's are very high. Plus, they tack on additional charges for lab tests, ignition interlock devices, DUI classes, work furlough fees, court fees, and anything else the legislature can think of. It's a huge money-making racket.
I was given a roadside sobriety test once. I was dead sober. I failed it miserably. I was hauled in and blew straight zeros but they hedged their bets and took a urinalysis that wouldn't return results until after I spent adequate time in the tank sobering up. Long story short, with nothing to hang me on, the DA was going to ticket me for driving without my headlights on. Two deputy DAs couldn't even decipher which code I violated. They finally dropped all charges. Fortunately, this was in the days before you were charged money for staying in county facilities, so this whole episode only resulted in ruined plans for the evening and the PIA of going to court for half a day.
My late brother was stopped for speeding once. He had an open container in the car (probably rum), and I've no doubt was drunk. He passed the tests with flying colors, wasn't slurring his speech, and was polite to the officer... but failed the Breathalyzer. When it got to court they got the judge his lawyer least wanted to get, but he was found not guilty because, as the judge pointed out, you cannot convict on Breathalyzer evidence alone.
Of course you would never consent to that test now. So your state allows arrested persons to be charged money for their incarceration pending initial hearing? Are you certain? That could be viewed as peonage.
@@wholeNwon I've heard of it happening. Indiana or Kentucky I think it was.
In Most states you can't be forced to take two different tests once they did the breathalyzer they shouldn't be able to do a urinalysis or take blood, so I would definitely check the local laws on that wherever you are because otherwise you gave consent to the second test
Welcome to the sudden knowledge that our 'finest' are simply mercenary extortionists for the monetary reward via municipal (opportunistic) revenue income, by any and all means possible (lawful or unlawful, and it doesnt matter which) .
It should surprise NO ONE that the USA has 'slippped' from very high on the worldwide "FREEDOM INDEX" .... to now at about 30th place.
I did this shitty thankless job for 26 years, 20 on the streets, 6 in IA. While I have ZERO tolerance for DUI, I refused to participate in "checkpoints" as I would rather be on patrol and OBSERVING erratic driving that rings alarm bells in my head. After they are observed tagging the center line a couple of times, they got lit up. If it's late at night I didn't always ASSUME they were DUI, as people DO WORK the 4 to 12 shift and I know they are just tired and want to get home, so if I don't smell alcohol, I just ask that they pay a little closer attention and get home safely. No big deal. I have ZERO TOLERANCE for fellow Police Officers that drive drunk and think their badge will save them. That might have worker 50 or so years ago, but when I got on the streets that shit didn't fly and I've had fellow "officers" get stupid and end up getting arrested anyway. Back when I first started it was common to let fellow "officers" to skate away, but that changed and if they got stupid with us, they got "tuned up" before we got to the jail. It's not good, I know, but police ARE NOT ABOVE THE LAW AND MUST BE HELD TO A HIGHER STANDARD which instructors hammered into us during training. So, I would rather have active patrols looking for drivers that are sending up red flags with their driving. Same with radar. I didn't believe in hiding and ambushing someone at the bottom of a hill in the dark with my lights off. Just during normal patrol we would catch people without the having to hide in the bushes. If a problem area was identified or we had complaints about a certain stretch of road, we would increase patrol times and number of cars out there (calls had priority). Being visible is the BIGGEST deterrent, HOWEVER, people DO drive like idiots and sometimes you have to use unmarked cars especially on multi lane limited access roads.
Zero tolerance? How many officers did you arrest in 26 years? I bet zero.
Oh, come on, 95% of cops and former cops are drunks, but they rarely get arrested unless they kill someone.
More than not, they're going to skate.
Thank you for being an example of what an leo should be
Acab
I commented on a different video of yours regarding how you're essentially educating the public on how to best protect yourself, and losing potential clients. I was wrong, you're essentially just making work easier for yourself WHILE providing information to the public. Nice work man. Love this.
Yep. After al if people in Virginia practice his tips then he has an easier case when they call him. But if they practiced his tips because they saw his videos, then he's also successfully raised awareness so it's a double win
During a traffic stop last year I had an officer ask me where I was going. I asked him if there was someplace I wasn't allowed to go? He looked puzzled by my answer, so I rolled with a follow up. Sir, you seem a little nervous, have you been drinking today?
He replied that he was an officer. So I got out my dad tone, and reminded him that wasn't what I asked! Why are you avoiding my question? Finally I couldn't hold it in anymore and I laughed. He looked relieved.
It's great being a sober old guy with legit paperwork in order. LMAO
Cool story, bro
Yeah. That totally happened..
You forgot to add white
@@Rokomarn power?
@@Stebetto3 does that help during a traffic stop?
You never find an officer Andy at these check points it's always officer Barney.
I think Barney was willing to admit when he was wrong, so Barney wouldn't have worked there very long....lol
i always get officer tough guy, my local region is all the rejects from the big city with an axe to grind against taxpayers for having the gall to be out in public while they are trying to get free money for doing next to nothing.
@@mr.behaving that's pretty much every wannabe fascist stormtrooper, the only method they seemingly know is "intimidate and escalate" to provoke a confrontation to get their adrenaline kicks.
Barney hands out Aunt Bees homemade pickles during traffic stops.
If you have officer Andy then who's going to play Mr. Lawyer ? 😄
the issue is that this is so much easier said than done, almost every cop will contest you every way they can.
That is you keep your mouth shut.
Exactly. It's all great advice, unfortunately it might get you killed these days.
Up to and including, telling you bold faced lies.
@@orppranator5230 The public being just so incredibly stupid can't tell when they are being lied to.
@@DeputyNordburg Uh huh. “We have video evidence of you committing the crime, confess now and you will get a lesser sentence”.
This is the type of lies I am talking about. Perfectly legal- but it shouldn’t be.
What Andrew fails to tell you. The most important thing, record every transaction with the police.
That would work on a one party consent state. But What if is in a two party consent state? Would the officer accept being recorded?
@@RicardoSantos-oz3uj That only applies to calls. SCOTUS has upheld that you are within your rights to record police in public.
He also failed to mention that you have no legal obligation to give your ID at a checkpoint. That's guilty till proven innocent. No crime? No RAS? NO ID. Minnesota deemed them unconstitutional 30 years ago, because they are. Will they hassle you? Guaranteed. Do they have the right to violate your 4th? Hell no.
This is an amazing guide. And in any situation involving police the best thing to do is remain silent. You will never talk yourself our of trouble but you will talk your way in.
This isn't a good guide. This guy is giving you so much wrong information.
@@Normal1855 amen Bob amen
@@Normal1855 Care to elaborate?
The more you talk, the more they keep fishing.
Thanks for your video on this matter. I encountered a DUI checkpoint tonight. The sergeant called it a license check but the first officer's first question was whether I had had anything to drink tonight. When I told him I don't answer questions, he called out, "We have one of those" and motioned me to the sergeant who then instructed me to pull over. I was really pissed off by this obvious bias and retaliation. I eventually gave the sergeant my dl and told him I took offense at their lack of respect for the constitution. They didn't hold my license long enough to run it so I don't know why they asked for it.
3:20 Some years ago, I did just that in my hometown of Portland, Maine.
They had a check point on outer Commercial Street as I was leaving the Old Port. When I saw blue flashing lights in the distance, I figured I don't have the time for this crap, so I turned around.
One of them saw me and came after me and stopped me on Commercial Street heading back. He harassed the heck out of me implying that I had something to hide.
He did some preliminary sobriety checks without asking me to step out of the car. He had me do this alternating fingers exercise. Little did he know that I am a fingerstyle guitarist.
Eventually, he drove away disappointed.
But the experience left me even more disgusted with "Portland's finest" than I had been previously.
Refuse all tests
Coming after you was a violation of Maine law, you do not have to go through a dui stop and can legally turn around and leave. Portland's finest violated your rights.
Why did you pull me over officer?
Because you avoided our checkpoint.
Is that against the law?
No but we think it is suspicious. Now I am going to give you some tests and you had better not refuse. If you pass, you will be one in a million.
Thankfully, in Iowa, checkpoints are illegal. They can set them up. You have to stop, but you don't have to roll down your window or talk to them. The are illegal here, because our court says it's unconstitutional.
Seems really stupid to even let them try. Many people wont even be aware things changed
They also love putting them in zones where you're not allowed to pull a U-turn. So it's literally illegal but whatever.
Even if you did a u turn, there is another police to pull you over for evading the check point..
You are legally allowed to avoid it by making a legal turn around.
@@gary0050 While that is true in theory.. that is not the practice... They have units to chase down anybody who avoids the checkpoint...
@@hoseiimaging6215 AND place them in locations where a LEGAL uturn in not permissible.
We need people to film while avoiding these checkpoints, making sure the vehicle has no issues and the driver pulling into a business or somewhere legal before the police have a chance to pull them over. I'd like to see the explanation for the stop.
According to the Audit the Audit CZcams channel, you must invoke the 5th Amendment before refusing to answer any questions; otherwise, you risk being charged with obstruction of an officer in the performance of his/her duty. Whether mandatory or not, it seems like a good idea to indicate to the officer that you know your rights.
My question is who appointed those people auditors? They just bait cops by acting suspicious and running their mouths. Just my opinion.
@@kenhart5259themselves. It's literally their right to do so. And they do a good job of putting dbmass cops stomping on your rights
I've seen instances where they ask the driver to get out and the driver refuses. Then they get violently pulled out and arrested of obstruction or something.
an officer directing you to step out of the car is a lawful order and you need to comply with it. However, telling you to do the sobriety tests can be refused.
@@PlottingTheDownfall so get out of the car don't do the test but don't refuse the breathalyzer?
@@PlottingTheDownfall the lawyer said in this video " you never have to consent to roadside tests"
@@TylerDurden-oy2hm yes you do. He's lieing. You can't refuse. This type of lawyer, is causing so many issues, with their lies.
@@PlottingTheDownfall not true. There has to be a reason why, not just because officer dicksucker said so. If that were the case they would be able to tell any and every law abiding citizen to "do me a favor and turn that camera off" "stand over here" "give me your ID" which we all know they get sued for all the time. Quit spreading your half witted knowledge if you dont understand it yourself.
When I was partying in Vegas in the 80s the local rock and roll station would tell us where the checkpoints were.😎
That's what they do in Germany, as well.
Then they're violating the law. Where I live, a radio station did that. They got so much backlash, that they stopped doing that, because it was illegal.
Back in the early 1970s, the hippies called all cops pigs. It has been my experience as a law-abiding, decorated veteran and former Eagle Scout that all cops are not pigs, but a lot are. In high school, I saw my friend, the class valedictorian, get knocked to the ground for asking a Chicago cop why his car was stopped. The day I bought my first car, a flashy Pontiac GTO, I was stopped three times by three different cops. I was driving under the speed limit but that didn't matter. I wound up with two tickets and sold the car the next day. And I have not been stopped since then, and that was 50 years ago.
In 1965 I bought a new red GTO. I had to drive from Vermont to San Diego. I had more cops following me on that trip than I can count but I did not get a ticket.
ACAB
Armed men setting up checkpoints on road and stopping citizens. I thought we had an inalienable (that means that it can't be taken away) right to liberty (that means I can wherever I want without having to explain myself). No matter what righteous reasons they give, it doesn't change the fact that checkpoints are illegal.
I'm a retired cop and I couldn't agree more. Read what I wrote above. I actually spell it all out.
It's due to word games of legalese. Lawful is superior to legal. They make that which is unlawful "legal" via Legalese. It comes from the Roman Catholics Cannon Laws of Holy Se Chicanery and Crappola!
@@kristiblack1428 😆😅🤣
Lots of bag guys on the road drunk or high and armed.
@@bluesteel5841 Apparently you don't know Human History and/or relevant statistics at all.
I got a jury duty summons and made it all the way to final selection process. The case was for a felony DUI and they asked everyone questions to finish eliminating jurors. I told them (voluntarily) that if he got arrested at a checkpoint, I was gonna vote not guilty for that alone because they're unconstitutional.
I’ve also had this conversation with friends and family, which can be a touchy subject. When people have been injured or lost someone due to drunk driving, this is one of those areas that they feel is ok. I feel like it’s a slippery slope.
It is a VERY slippery slope. They are ignoring the Constitution.
Next time get on the jury for nullification purposes
@@honestabe411 I don’t know that he was arrested at a checkpoint. He most likely wasn’t since I haven’t seen one in a long time, but ti was possible.
@@JakeNaughtFromStateFarm either way, nullify
Yea I have not seen a check point since the 1980's when I lived in TX. I live in MN at it is one of the 12 states that make it illegal. They are also illegal in WI. I just do not think it stops people and considering all the man power to actually man one it just seems like you are pulling cops from doing a better job. Chances are they would find more drunk driver if those cops just protrolled the roads instead of stopping every single person on some single lane road somewhere. I read about some store owner who actually sued the police because they would use his parking lot for them to hide and try to catch people speeding. Well he told them they could not be on there property unless they were called and they just kept on doing it. He sued and won but to many think cops just getnto do whatever.
I remember going out to dinner one Saturday evening many years ago and my wife and I came across one of these checkpoints.
The road was completely blocked and they were stopping every car and questioning folks.
I answered their questions and went on my way to the restaurant.
When we left we went the opposite direction to avoid waiting in the traffic from the checkpoint again (I did not drink with dinner) and there was another checkpoint further down the road in that direction.
I don't know if it was actually a different checkpoint or if they just moved it a couple miles down the road but it was really hard to check my attitude at the second checkpoint an hour and a half after stopping at the first one.
In case anyone is interested, this was Route 1 in Old Saybrook CT.
Here is what we do, where I live. If you see a DUI Check Point 😱. Call every Bar that your friends are Likely to be at🍻 and Alert Them as to Where The Check Point Is. 😎 Problem Solved.
Don't drink and drive, problem solved.
@@richardh1764 I'm not with MADD but you are right RH - driving your vehicle after drinking alcohol is a bad idea. Somehow these discussions never point that out. I don't like that gov't is using this as another form of illegal control and intrusion into our lives. Really bad idea.
@@78tag Fair point.
Problem not solved I will assume your younger than myself cause when you “grow up” your buddies no longer go out often enough for you to know where they may be lol. But I suppose between ages 21-28ish your right
@@tomshortstop14 I would've thought a 'grown up' like yourself would know the difference between your and you're, and know which one to use at the right time.
You know, I'm subscribed to hundreds of CZcams channels, about 20 of which are related to the "legal" tag one way or another. And yet, despite this fact (or any other potentially favoring fact), Andrew sure does seem like one of those guys I just simply wouldn't mind being personal friends with. Something about his personality just screams that he'd be a great friend, a funny person to keep the mood happy and just an overall good guy. Thanks, Mr. Flusche, for all that you do for society and in the general name of Liberty.
You can also request a breathalyzer or a blood test as a counter to the Field Sobriety test, although obviously only if you're actually sober. I've done this twice, presumably they let me go because they didn't want my lawyer getting Dash Cam footage of me consenting to a plainly scientific test.
Blood test is the way to go, unless absolutely hammered, where you are screwed either way. By the time they get you to where the blood test is, you could sweat out most of the alcohol in your system.
As far as it being a deterrent, it's commonly known in my area that the state troopers are going to be out springing checkpoints on pretty much every holiday weekend. But it's still ineffective to deter drunk driving ONLY on holiday weekends. I also hate them because the officers always look for other things to ticket me for the moment they don't smell alcohol on me. Every time they're looking at everything from my headlights, taillights, license plate lights, and occasionally, tire tread depth.
Sobriety tests are hit and miss based on jurisdiction though. In NY, as of the NHTSA guideline press release 07-24-2017, the NYDMV is allowed to revoke a driver's license as a penalty to refusing to take a blood alcohol test. Police are sneaky and will lump their testing series together, making you do a physical sobriety test before they even offer to take the breathalyzer. That way, if they can't get you on BAC, they can still write you up for not being physically able to operate a motor vehicle. If you refuse to play the game, they'll submit to the DMV to say that you refused their "testing series" which includes the BAC test as required by them, which will also result in a license revocation. Just cannot win with the police.
Why would I need to provide DL and registration? There was no justification for this stop, no crime or infraction. I'm not clear about that.
The license doesn't actually belong to you. Read the disclaimer.. it says it is state/us government property and MUST be relinquished when asked for by law enforcement/government agent etc.
My favorite thing to do is to park and walk right by them.
@@chaddlindsay9909 Yeah. No. Regardless who "owns' the license, the government is required to have probable cause or, in a car, reasonable suspicion to demand to see your license. Any state law that is a produce on demand state is in violation of the Fourth Amendment. Capitulation, or giving up Rights in exchange for permission to use them is completely unconstitutional. I lost plenty of checkpoint cases as a prosecutor, because defense attorneys knew the law, and the vast majority of police agencies have absolutely no idea about the law or the Constitution.
@@bigblocklawyer government is essentially organized crime syndicates.
Extortion, racketeering, theft, fraud, false imprisonments are some of their daily crimes.
Government agents follow policies which say people are subservient to government instead of government existing to serve the people.
There is no body politic any longer, only degrees of tyranny.
@@bigblocklawyer (and Dexter) : Yeah, I've read the 1990 _Michigan v. Stitz_ case that allowed DUI checkpoints (in contravention of all previous caselaw), and the justification for them was the death and destruction that drunk driving causes.
There are several problems with this.
1. As Andrew Flusche (the producer of this video) correctly points out (as did the dissenters in the _Stitz_ decision), only a tiny fraction of a percent of those caught in the spider's web of DUI checkpoints are actually drunk.
2. The decision violates decades of 4th amendment jurispridence regarding stops and detentions.
3. And getting back to the license and registration issue...the Supreme Court never mentioned driver's licenses and vehicle registration in its decision. The majority repeatedly harped on the dangers of drunk driving as their excuse for allowing DUI checkpoints.
Okay, but then what about demanding driver's licenses and registrations? Not having those documents isn't inherently dangerous. Possessing those documents (or not) has nothing to do with traffic safety and was never mentioned in the _Stitz_ opinion. Drunk driving is dangerous. An expired registration is not. So even if DUI checkpoints are supposedly justified by public safety concerns that are deemed to outweigh the constitutional concerns, that still has nothing to do with driver's licenses and vehicle registrations. If checking driver's licenses and registrations had been the sole justification for the Michigan checkpoints that prompted the _Stitz_ lawsuit, the Supreme Court would never have allowed such checkpoints.
So why, then, are the police allowed to demand your driver's license and registration (and proof of insurance) at DUI checkpoints?
To this day, I have no idea how a 19 year old me talked my way through a DUI checkpoint... while drunk off of my ass.
Something about late night cravings for a local taco joint, and extreme politeness is all I remember.
This is how I know these roadblocks don't work.
I had an awful experience with a rookie cop at a dui checkpoint. Mine you I have not had a drink with alcohol in it for some time, since I’ve been taking medication for chronic pain. Plus I have a handicap placard, for reasons I’m not required to inform anyone about except my doctor. So here I am returning home after a long 5 hour drive after leaving my travel trailer in the storage lot. It’s just getting dark and I make the mistake of rolling up to a dui checkpoint. I drive up in a friendly respectful manner, but try am very tired and accidentally misspoke, almost like a slur, that this rookie takes for me being drunk! I immediately stop the friendly respectful manner and being tired get a bit short with him. He then takes my papers tells me to shut the car off and not move. Then takes about 8 minutes to run everything that I’m sure came back clean. By the time he get back to me window, I’m so tired I’m actually nodding my head, so officer rookie tells me he wants me to take a field sobriety test, that I immediately refuse because I am so tired I know I won’t pass plus inform him I am handicap and have difficulty with accurate movements! Then he demands I take a breathalyzer and when I start questioning him about that , He immediately takes offense yelled I get “OUT OF THE CAR!!! I naturally refuse, next thing I know this fool is opening my door in the attempt to tearing me out on my feet and I go down hard! Almost bring him down with me! All this as his supervisor is finally walking up after hearing me yelling, to leave me the fuck alone!!! Totally loosing my cool an patients due to being so tired!!! Next thing I know the rookie has me up against my truck putting the cuffs on me!! By the time cooler heads prevail I have a cut on my chin and sorts! I ended up getting hauled in before the night Sargent finally gets around to questioning me to figure out how much the rookie has blundered!
Driving tired really needs to be illegal too. You are basically the same as someone over the legal limit when you are that tired.. im glad they got you off the road for the night
@@cherriberri8373 but it’s NOT ILLEGAL as well as it should be! How would you and your fellow karens measure that? Do you have a “sleepalizer”? Or a “tired meter” you all could use to legally change someone? When tired and traveling I know we’ll enough to pull over in a safe place if I get to the point of not remembering the last mile. Before I get too tired I will have a short nap, then coffee before continuing. After I was finally released from the “drunk tank”, still without any real restful sleep, where if not stopped I would have been able to make it to a rest area, take a short nap and be home already. Being tired behind the wheel is a danger, but nothing like DUI or DWI, sleepy does not effect your reflexes at anywhere near the same level as DUI, never mind DWI. Oh and by the way, I had a CDL License at that time. Meaning my blood alcohol content percentage level, compared to yours as a regular car driver is HALF as much! Meaning if a driver even when in his personal car is considered DUI, at only .01, but you’re allowed .02! For DWI mine is .02, and yours is .04, meaning CDL driver who has the license, but no mater what they are driving at the time has just HALF the allowed % of alcohol in their system! You can drink 1 beer an hour for three hours, if you weight at least 180 lbs and still blow under .02! But a CDL license holder can’t even have that one beer at a wedding or gathering outside of work before big job loosing trouble
This video made me think about it, and indeed the police always pick a location for their DUI checkpoint to catch the maximum number of drivers not one where they're at a higher probability of catching DDs. Just like pulling you over for a burned out tail light, it's just the foot in the door to see if they can get you for something else when they run your info.
If you have nothing to hide , what's the problem?
@@jimclark6256 Unsure if you are being sarcastic. That is a common response to concerns over privacy and the expansion of the Police state. The Police have to follow the law too, and due process and reasonable search ala the 4th Amendment is part of that. In the video he noted the extremely low percentage of drunk drivers caught by checkpoints...if the stated purpose isn't being met, why do it?
@@jimclark6256 forfeiting your rights leaves you open to being abused, it’s quite simple actually
@@jimclark6256 because it’s been proven that some officers plant contraband, (to say the least) so everyone who drives (and passengers) is capable of encountering one or more possibly bad officers.
When I learned very young that it’s a mathematical equation, 10 or so people in a room, possibly one should not be trusted, 100 people in a room, 10 should not be trusted, 1000……. Yes it’s a beautiful world, most Leos I believe are good people working and being the best person they can be.
But don’t forget the math.
Peace.
@@jimclark6256 Cool!
Send me a list of all your acounts and passwords including Email and Bank info.
Everyone has something to hide. And if we allow a bully to shove us the abuse will only get worse and more invasive. Its human nature. Stand up for your basic rights or lay down and take what you are given. Those are your only 2 choices.
I was under the impression that if you weren't suspected of committing a crime you didn't have to provide the police with anything.
The DRIVER is required (in all 50 states, so I've been taught) to provide proof of identity / driver's license and registration. In most states the requirement is also to provide proof the vehicle is insured (in Texas they've put it in the database, the cop runs the plates and it automatically shows if it's insured or not).
It should be pointed out that in all the states I'm aware of any passenger ISN'T required to provide ID (but cops aren't trained to know this and lots of confrontations occur because of it. It's part of the authoritarian jackbooted thugs in uniform guidebook to escalate instead of check with their supervisor when they're actions are questioned.
@@bobjoatmon1993 I'm a retired cop. I never viewed myself as an authoritarian jackbooted thug, but okay. Also, you are both correct and incorrect in your response to the other gentleman. You only have to show your DL and registration if you are legally detained. Otherwise, you do not have to provide anything at all. Also, cops are trained to know if they can or cannot identify passengers. If the passengers are detained, then they too have to produce ID. If there is no legal ground to detain them, they are offered the chance to get out of the vehicle and leave the area. Should they choose to remain, then they shall be identified.
@@grendul4497 detained AND ID depends on the state Id laws
@@zmanphx correct. I only speak for California. In CA, a police officer cannot identify anybody outside of consent or lawful investigation.
@@grendul4497 thanks for your response.
What state were you serving in?
I'm in Texas and the law here is that the driver HAS to provide licence, registration and proof of insurance when requested. There have been cases where the vehicle was in a parking spot with the engine off and the in-Justice system still sided with the cops that if you are behind the wheel you have to ID.
I’d venture to say what they catch are registration violations. I see cars loaded on tow trucks being hauled away and many tow trucks are parked on the side waiting for the cop’s signal.
And Yes I have made a legal U Turn to avoid having to go through a checkpoint only to be pulled over by a waiting motor cop on a side street. His first question to me of course was Why was I turning away and not going through the checkpoint?
I was given a ticket for driving on the wrong side of the road coming up to a check point in the middle of nowhere. I explained to the officer that because there was only one patrol vehicle there in the middle of the night and they were busy with the one car in front of it I assumed it was a typical traffic stop and that I moved over for their saftey but once I was close they walked out with flashlights which is when I realized it was a stop. The one officer that I initially spoke with understood but asked if I had been drinking. After pulling over and waiting the other officer that I hadn't spoke with yet cited me.
Pos cops imo. Either a terrible humans, idiot cops or both. They do exist.
Personally, I think it was a trap and they set it up to have plausible deniability in a case. They know most people will move over and if they time it "right" and play it to where the citing officer doesn't make initial contact then both are protected. As I pulled off I said, " You are why cops get...." I didn't finish. Plausible deniability for me. Lol
@@barongerhardt The DA dismissed it. She was very polite and understanding. Good looking too. 😁
@@CynHicks Good to hear, congrats.
Most places have "move over" laws, so had you not moved over to pass them you would have been ticketed for that also. Which is probably worse.
Well it appears like you need a lot of dui checkpoints on one Supreme Court justices commute home. If they go through 20 legal checkpoints on the way home, they may see things differently.
But of course the law is never equally enforced on the wealthy and Powerful.
@@macmcleod1188 exactly, apparently the wealthy never drive drunk because dui checkpoints are rarely in their neighborhoods!
Set up a few checkpoints in wealthy neighborhoods & subdivisions - then you’ll see some bellyaching about constitutionality.
@@dwightrenfield2241 or they'll use uber
A personal experience actually affected a decision of the Warren court.
Where I live in CA they did one in 2019. Stopped 900 cars and caught ONE drunk driver. They did manage to get 20 or so cars with bad registrations and a few people with suspended licenses. Complete waste of time/money. I do know that the law in CA says they have to put up signs that there is a checkpoint and they have to give you the opportunity to avoid the checkpoint. But...if you do they'll pull you over anyway.
Unbelievable they’re even allowed to check for anything else. My Cuban neighbor used to talk about these things being a big feature of THIRD WORLD, communistic CUBA. They have NO place in the so-called first world.
That's their main function. Invalid license, lack of insurance, registration sticker out, etc etc. Aka victimless crime laws which Sadly make up the bulk of law itself.
@@shawnwatson1419 Victimless crimes or crimes waiting for a victim?
@@jrmarcus i prefer to not go down the minority report futuristic path outside of genuine law. What ifs shouldn't exist at all in law.
@@shawnwatson1419 Still crimes. Your analogy doesn't work. In Minority Report, no crime had been committed yet.
I was stopped - while walking - when I was 17 (a very long time ago). Admittedly, it was the middle of the night. I had already been walking for over an hour, and intended to do so for at least another hour, since it would take that long to get back home. The cop wanted to know where I was going; my response was, pointing ahead, "That way." Next he wanted to know where I had been; I pointed behind me, and said, "Back there." "What are you doing?" "Walking." "Why?" "Because I don't have a television, I'm bored to tears, and I'm not supposed to go anywhere near pregnant people because I have the measles." The next thing I saw was his taillights disappearing on down the road. Score one for rebellious teenagers!
🤣I love this.
Similar thing happened to me. was with my boyfriend when he got pulled over. Cop eventually noticed i was coughing a lot. Cop asked why, and I explain that I had bronchitis (Which I actually did.) Yeah he got out of there real fast.
I exercised my right to turn around just before entering one, and of course, one of the cops followed me and pulled me over on a bs charge of not coming to a complete stop - right in front of him.
I know a guy who was driving along in a Studebaker Avanti and came across one of those checkpoints. He thought it was an accident so he turned around and headed in the other direction. TWO police cars came after him. After he stopped and the officers understood what was going on they spend the next hour talking about the car. (The Avanti was Studebaker's last new car, had a fiberglass body, and set a bunch of land speed records).
why did you turn around jim ? you must have been drinking, makes you look awful guilty when you go the other way.
@@bonnememoires Or he just didn't want to hassle with it. I know a guy who was driving a Studebaker Avanti one evening and came upon one of those checkpoints. He just saw a bunch of flashing lights, assumed it was an accident, and turned around. Within minutes he had two police cars after him. Naturally he stopped... and wound up spending the next half hour talking to the officers about the car. (If you don't know what an Avanti is you'd be puzzled too... not only do they have a unique appearance they were the world's fastest production cars in 1963).
@@JeffDeWitt got my drivers license in 1959 yep know all about studebakers
The laws are different in most states. Please research the laws in your state to find out what you can or cannot do.
Yes, but no law can compell you to submit evidence against yourself. If you refuse roadside tests you will be arrested but that decision was likely already made. You can also refuse the intoxalyzer test but there could be consequences for doing so. You have to evaluate whether avoiding temporary consequences is worth giving up your right to not provide evidence against yourself.
Hi. I’m a new subscriber and I’ve been watching your past videos. What a great service you are providing, thanks 👍
Thanks and welcome!
At least one of MADDs original founders have stated that the efforts to stop drunk driving were achieved and that we have gone too far.
But this is the problem with ALL social justice "nonprofit" organizations. They start with just causes and a set of demands or recommendations. Once the societal need for their existence has been ended by the people accepting the demands and recommendations they protested for the organization itself looks for reasons to exist. The internal purpose eventually becomes revenue, relevancy and power. The same as any other corperate organization.
@Dibs I remember that. A lot of people found it to be hilarious. They got what they asked for even if they weren't aware of where it was headed when they started. It could be argued that they should have known since they are the ones that bacamr extremely active in politics while building a sort of mob.
There was really a problem that needed addressing but laws from emotional responses are never good in the end.
@Dibs Oh yeah no doubt. For me that was always the most valid and important changes needed; serious criminal liability for drunk drivers at fault in accidents. We got that. (I was a teen member of MADD btw. 😆) As the years went by it got ridiculous though. Just having alcohol in your system even when you aren't at fault can cause you problems these days.
As side note my mom died in a head on collision caused by impaired driving. She wasn't innocent in it but she wasnt driving. She was the passenger. Needles to say I grew up hating the idea of drunk driving and I don't drink and drive BUT I still think we have gone overboard with it all while almost completely ignoring other serious bad driving habits that lead to fatal crashes daily.
Eventually I suspect only networked AI will be allowed to operate vehicles on public roads. That's a sad thought for me as a avid driving enthusiast.
@Dibs "..punishment should fit the crime..."
Exactly.
I also wanna add, try not to let people make you jaded and cynical. We gotta love the idiots too. 😂
Still alot of people dying from DUI drivers every year. Both the DUI drivers and innocent victims.
@@scottkrise1867 Exactly! People break the law until they are in prison... actually, even then some STILL break the law. Until we turn our society into one big prison state, no driving without special permission* ect.., it won't stop. Even then people will be people.
Even in societies where people lose limbs for stealing they still steal. Making it illegal to even touch something that isn't yours WILL NOT entirely stop theft even with "zero tolerance" laws. It'll just lead to more tyranny and cases of wrongful imprisonment; maybe some gleeful cheers from the gallery of subjected onlookers too.
Sadly, some people are afraid of their own shadows and want to therefore ban the light; while others are self-righteous lovers of others punishments. It's disgusting and slickening, especially when coming from non-collectivists that claim to be anything other than authoritarian, liberty hating, worldly cattle.
*🤔
I always come to this channel to start my research on police interactions. It has always been a good and reliable source of information to get me started. Thank you for taking the time to make these videos.
Always informative, thank you.
In my twenties I used to live in one of the towns right outside NYC. I hung out at a bar run by one of the local cop's girlfriend. They used to announce in the bar where the checkpoints were that night so all her customers could avoid them. Bad for business I guess, of course this was way back in the 80's. Doubt things have changed much though. Corruption was and maybe is still rampant in a lot of those small town police forces.
Wait... if it's a dui stop and no crime is suspected or committed, do you still have to show I'd to the cops? I have always heard, no crime no id
Thank you for doing these videos!
Thank you for the information!
I’ve been saying for years that DUI checkpoints were unconstitutional for the very reasons he just stated.
I agree. The one caveat I've heard that makes it "legal" is that they stop everyone at a prescribed period of time and therefore aren't singling anyone out. But this actually proves that they didn't have probable cause or reasonable suspicion, they're just on a fishing expedition. That they equally violate everyone's rights can't possibly be Constitutional.
@@jdraven0890 yeah they are very good at justifying a reason for violating our rights. Don’t get me wrong, I support law enforcement and I certainly support getting impaired drivers off the road. But stopping us with ABSOLUTELY NO probable cause is not the way to do it. But like you said....cops do like their fishing expeditions !
@@PLAZALOT58 Totally agree, DDs are a menace and we need to get them off the road. But punishing everyone for the actions of a few reminds me too much of when the lousy teachers punished the whole class instead of the lone offender.
They are use really to intimidate drivers. They ask where you're going, why you're there, etc. I was in Alabama about 20 years ago when the story broke that between 12am and 6am there was only one highway patrol officer on duty in the entire state!
The real reason they use roadblocks is as a dragnet to catch people with warrants, etc.
revenue producers as well. call these tax-collection stops.
I used to work a weekend shift at a business in an old, mostly-empty mall. One Saturday evening after my shift was over, I went out to my car and saw what looked like a circus set up in the parking lot: There was a huge line of cars waiting to get into the lot, a bunch of trailers and portable flood lights set up, and cops everywhere. As I drove out of the lot, I got stopped by one of the cops who asked me where I was coming from. I told him I was leaving work--work being the very business they had occupied. I then asked him what the hell was going on, and he told me they had set up a massive DUI checkpoint: They closed the entire northbound side of the interstate, diverted all traffic into this parking lot, and were checking every single driver before letting them back out through the rest of the lot. This wasn't late at night, either; it was around 8pm, and there were cars backed up all the way up the off-ramp. I don't get how any of that was legal, including using the mall's parking lot like they did. It was a privately owned business, not some public space. And if there was any kind of emergency vehicle that needed access to the roads they diverted the interstate traffic onto, they would've been screwed.
The only other time I got caught up in a checkpoint was in the city, and there were signs indicating its presence about a half-mile away. I just turned down a side street and bypassed the whole thing. I don't understand the logic of that checkpoint. I guess maybe it could pick someone off who was either too drunk to read the sign or confident they'd pass a FST, but anyone else would've also had the good sense not to even take the risk.
I live in New Zealand. DUI checkpoints are the norm and no-one objects. I've only been stopped three times in about 20 years - just a quick count to 10 into the device and you're on your way. If you turn around just before a checkpoint, you WILL be chased down and tested. Roadside sobriety tests are unheard of here because they're stupid. The police are respectful and well respected too.
@@lou9029 with good reason
Great videos... for your friends north of the border: 🇨🇦
It is important to note that you do not have the right to consult with a lawyer before providing these roadside tests. Furthermore, it is a criminal offence under Criminal Code section 320.15(1) to refuse to provide a roadside Field Sobriety Test, breath test, or oral fluid sample. However, if you have a reasonable excuse, such as an injury or illness that prevents you from being able to blow enough air into the breathalyzer screening machine, you may have a valid excuse for refusing.
I live in Canada, and I work graveyard shift as a garbage truck driver. Around Xmas I regularly end up going through the DUI checkpoints they put up. Typically I keep things friendly and cooperative. Most often I get asked if I've had anything to drink (duh) where I am coming from and where I'm heading to. I always get the puzzled look when they ask where i'm coming from and I answer "Home". The next answer is "Work". At this point the high vis gear I'm wearing makes more sense to them.
The way they set the Road Checks up here, everyone gets to talk to a cop, at least briefly. License registration, and proof of insurance are not the first thing they ask for here. They usually don't bother with that unless something else pricks up their ears. Anyways, a few years back I hit the damn Road Check every night for a week. After the third night they remembered me and the cop would tell me to have a safe night at work. I've gone through a few in the garbage truck too. They just wave me through, but I always thought that if you wanted to drink and drive, a garbage truck is the perfect vehicle for it...
That depends where you live if you have to submit to a sobriety test. Don't have to where I live in Hawsii
Andrew specifically states that the info is respective to Virginia.
I live near a street with commercial businesses where the local police periodically set up a DUI check point just past where the road curves so the DUI check point isn't visible to oncoming traffic until drivers round the curve and its too late to turn. Furthermore at least half a dozen motorcycle officers are stationed on driveways and side streets that immediately follow and pull over any drivers that try to avoid the check point. I agree its un-Constitutional because police are randomly stopping motorist with no probable cause to interrogate them and go on fishing expeditions designed to implicate them in crimes. What happened to a presumption of innocence?
White orchard, theres a judge on the supreme court who can answer that question, brent kavanaugh.
@@shivasirons6159 A confirmation hearing for a life term seat on the Supreme Court is essentially a job interview to see if the candidate is qualified and morally fit for the job. It's NOT a criminal proceeding that could result in incarceration. So you're making an erroneous false equivalency.
Aside from the attempted rape allegation by Christine Ford, Kavanaugh lied under oath and perjured himself numerous times about his sociopathic and predatory sexual and drinking conduct during his years as a HS and college student which in many cases Kavanaugh proudly documented in writing with his own hand boasting about his perverted sexual exploits. Furthermore, the FBI white washed their investigation into Kavanaugh by ignoring dozens of people who knew Kavanaugh that came forward with many other first hand reports of witnessing Kavanaugh engage in other immoral or illegal conduct.
But the fix was in and Kavanaugh was confirmed anyway. Now we have a corrupt SCOTUS Justice who committed perjury to get confirmed sitting in judgement on the highest court in the land. What could possibly go wrong with that? lol
Wow! I had no idea he perjured himself, let alone NUMEROUS times ! Whats wrong with chuck schumer and nancy pelosi ? Why didnt they tell someone that he lied and perjured himself NUMEROUS times ? Whats wrong with them for goodness sake? Im reminded of graffiti i saw in the mens room 40 years ago " the left make accusations, the right cite examples"
Wait let me go back and check, maybe you did cite some examples, offered some proof,............ Nah.. Im not seeing any im afraid, well thats due process for ya.
I'm in Oregon and our DUI laws are ridiculous. The courts here ruled that simply by driving on the roads you gave consent to comply with pretty much any request the officer makes if he/she thinks you might be drunk driving. Now their requests have to be related to proving you're drunk but at any time if you are driving in Oregon you can be pulled over and if you refuse a breathalyzer you will be immediately given a DUI.
You provide a valuable service. Thank you.
That purpose of the check points it’s to work more overtime for these cops and keep the bleeding of cash in the city or state where they work
The purpose is to get drunks off the road before they kill someone.
@@spaceace1006 you haven’t been listening to the lawyer on this video. Checkpoints have an abysmal record for that. You must be related to a Leo, or are one.
@@garyg7647 Nope. Ain't a Cop. None in the family. Just a Guy with enough common sense not to get schnokker'd and go out driving. Like I said, DUI checkpoints are only a problem if you're drunk or maybe you have an active warrant.
Beat Bingo for Bankers, Baby! 👶Once you understand Fiat Currency of the US Federal Reserve you quickly learn and ask: Legalese, Cui Bono and Show US the Catacombs of Dineros, Pappy Pimp Popeo?!
@@kristiblack1428 Fiat Currency? Oh, you mean when buying a Fiat car?
I would be a smart-ass to tell them that I'm headed to the bar so that way the checkpoint is relevant.
Thank you for the info.
The problem I have with checkpoints in South Carolina is that they specifically call them driver's license checkpoints, and they are papers-please checkpoints! SCOUTUS has held it unconstitutional to have general criminal activity checkpoints in Deleware v Prouse, YET they carved out exceptions for sobriety checkpoints. They literally have signs that say License Checkpoint. It's insane!
I was driving north on I95 in FL. A flashing sign said, Last exit before car drug search. The cops were waiting at that exit.
Did they find your drugs?
I would say you don't have to provide any ID without the police saying you have committed or are suspected of some crime or traffic infraction. You also don't have to roll down your window!
Actually, driving being a privilege, officers can ask for license and registration any time you're stopped. Pulling you over should require a reason, a reasonable reason. My daughter was coming home at 2 am after a late shift. She was pulled over for doing the speed limit. I kid you not. Why? Drunk drivers do the speed limit to avoid being pulled over. 😶
@@jhill4874 no they can only ask during a stop example if your sitting in your car in a lot the officer has 0 authority to do anything but ask what your doing or inform you the owner of the lot wants you gone
@@jhill4874 actually, no they can't just legally compel you for no reason. They can pull you over for doing the speed limit, they can't legally compel you to do anything if that's why they pulled you over. Learn what the law is and what your rights are. There's no such thing as a stop and ID state. They have to have RAS!
@@jhill4874 that's a lot of words all you had to say was "I'm an idiot who's completely unaware of my basic rights" lol
@@jhill4874 they are entitled to be shown the ID, not to be given. They can see it behind the closed window.
Thank you so much for making these videos. So few of us know how to protect our rights. It's very helpful.
This is a service for the people..thank you .
You're incorrect sir, you do not need to roll your window down. As long as you show the information they're asking for put against your window you are good.
I've got another video on that. I don't advise that approach:
czcams.com/video/Jrgfz0F2f7Y/video.html
No you don’t have to roll your windows down.
@@leo29hornsfan Yes you do, Soverign Citizens try that all the time and get their windows broken
@@jdsim9173 and citizens win lawsuits in the court of law because of it. The sovereign citizens are the clowns in costumes who break the law’s everyday and violate peoples rights. But keep talking because you know Jack shit
What if they say "they smell weed "? I believe they can get you out of your car.
1:05 Why don’t they call it exactly what it is an extortion checkpoint!🤔
MY EXPERIENCE AT A DUI SOBRIETY CHECKPOINT:. In 2017, I was driving home at night in Wheat Ridge, CO, and came to a police sobriety checkpoint.
It was on Kipling St., a major throughfare. I realized there was no way to turn around, and no alternate route. So, I had no choice, but to go to it. No problem, they quickly found I was not drinking. But then, they asked for my license, registration, and insurance card. Ok, I handed the cop my license and registration. I then opened my phone, and showed her my digital insurance card. She said she needs a paper copy. (Colorado law allows digital insurance cards as proof of coverage). I said I only have the digital copy, no paper copy. So, she writes me a ticket for "Failure to provide proof of insurance" with a $350 fine, and a court date.
So, I go to court. I hand the clerk my license, he holds it, says I'll get it back after I meet with the judge. I go in and face the judge, and show my digital insurance card.
The judge dismisses my case. Good news, right? No fine, right? WRONG!!
I leave the court room feeling good, go to the clerks window, show him the dismissal from the judge, and expect to get my license back.
SURPRISE! The ticket and fine were dismissed, BUT I was told I had to pay a $60 court fee AND a $214 "Administration fee" before I could get my license back. I also learned failure to pay an admin fee would result in an arrest warrant issued on me.
So, I beat the ticket, but still had to pay... AND miss a day of work!
The cops don't care. Plus, the courts always get the biggest cut and won't give that up no matter the ruling.
I have MS & I can't walk straight without my cane but stress me & there's no way I can walk straight. So thank you for this info.
Wait a minute?!? If it is a DUI checkpoint, then what law have I broken that allows police to demand license, registration, and insurance? This is a genuine question and not to be taken in malice. The State in which I reside is not a Stop and ID State. Wouldn't that request then be invalid?
Good question. but no. Read case law.
I love your informative and amusing videos, Mr. Flusche.
Dude you are so entertaining. I love your posts and I love your advice. I'd hire you in a second.
In Italy, when you say you don't want to take the breathalyzer, cops will just punch you in the stomach and ask again.
In Mississippi if you refuse its automatic suspension of license. They will also add failure to comply, resisting arrest, impeding and investigation, etc
Basically the usual contempt of cop charges
Florida, as well.
If you question why they are asking you to blow, in Georgia that counts as a refusal, and you then don't get a chance to blow and prove you are clean.
You gotta love how they say its inaccurate when you blow sober and then they run you through the ringer with all the other stuff. But you guilty if it shows you have been drinking
Thank you for this. I don’t ever drink and drive, even one beer but have had police telling me they smell Alcohol. I tell them it is the passenger but call me a liar and detained anyway. I give blood tests and it is zero but get “detained” anyway. What are my rights?
They made you take the 'ride' but you didn't get a ticket. I'd say move on. Make sure you have a dashcam. They are cheap enough to be standard equipment.
Definitely get a dashcam. They're inexpensive and will save you from a bad traffic stop. There are so many videos on CZcams of police claiming people were going over 20 miles an hour over the speed limit when the dash cam shows they weren't speeding at all.
My dad actually got through a DUI check point on 2 different occasions while driving with an open container in the vehicle.
Your dad’s a real winner
Also keep in mind, if you refuse the tests, they usually already have enough to suspect of a DUI, so you're likely going to jail for refusing and losing your license untill you beat it in court.
all of those approvals are unconstitutional...just because state employees approve of something does NOT mean it supercedes Constitutional rights. policy vs LAW.
The only things that really matters is how much violence average citizen Joe-bob is willing to use
We do not have these in rural Texas, heck just about anywhere in Texas. It is to flat we can see the blues from 8 miles away.
I miss Texas!! I grew up in Wise County. They used to do driver's license checkpoints at the high school, catching people returning from off-campus lunch.
@@Andrewflusche About four hours away; I also lived in Va a long time ago in Salem. I am from Wva and Georgia lol. 51 Retired inner city Paramedic in Atlanta Georgia now in Ft. Bend county Texas.
rural Texas will just pull over any car from out of county and find SOMETHING to give a ticket for.
Can Confirm, I've lived in Virginia my whole life. Have seen maybe 10 total DUI Checkpoints most where in the "country" right outside main cities. They are never advertised beforehand and always are random. Usually have multiple cop cars at the actual checkpoint and a few back and ahead of where your going to catch people that try to turn around after seeing the checkpoint. Personably I don't mind them and have never had an issue at them stopping for no more than 1 minute at a time at one.
As a Virginian, I can assure you and everyone, that the police will indeed post signs for weeks leading up to the presence of a check point.
Andrew...could you do a video about what the law is about handing/releasing your license to an officer when they ask for it. I heard/read some where that you can show your license to a cop without letting him take it from your possession.
Lock the door & hold the licence up to the window - all they have to do is 'see it'
Hey Andrew, thanks for the great video. I’m a big fan of your channel. Let me ask you, do you personally practice your own tips that you broadcast?
If you were stopped by an officer while you were going 5 mph over, you have nothing to hide in your car, what do you do? In your opinion, is it excessive to remain silent in that situation?
Thanks, and great question! I should do a video on that...
I have never been asked to consent to a search or to do tests. I would refuse. 100%.
As for a minor traffic stop like you described, if it's not in my home county, I would remain silent and say almost nothing.
Fortunately, I have only rarely been questioned by the police. 😁
I would _never_ consent to a search of my vehicle.
But I'm not sure that I would clam up and say nothing if it's just a routine traffic stop. The cop has unlimited discretion as to whether to write you a ticket or not, and if you just say nothing, you're pretty much guaranteeing that you're going to get an expensive ticket. If you're friendly and cordial, you might get let off with a warning.
So I would suggest not "shutting down" immediately but instead _carefully_ answering the officer's traffic-related questions.
"Do you know why I pulled you over?"
"No." (That's the correct answer . You're not a mind reader-- you may have strong suspicions, but you _can't_ know why he or she made the decision to pull you over.)
"Do you know how fast you were going?"
"I was driving at a safe and reasonable speed." Not inculpatory, and better than saying nothing at all, which will piss off the cop, make him or her suspicious, and will guarantee a ticket and not a warning.
"Where are you coming from?" "Have you had anything to drink tonight?" Okay, that's the time to politely say "I'm going to have to respectfully decline to answer any further questions."
@@Milesco Not that I want to get stopped, but if I do, I can only hope it goes something like this:
COP: Do you know why I pulled you over?
ME: No, and since it appears that neither of us know why you pulled me over, may I go?
@@novacali : Yeah, that's reminiscent of the old joke....
Cop: "Do you know why I pulled you over?"
Driver: "Well, gee, officer, I thought YOU would know that!" 😂😂😂
@@Milesco, In my experience, if a cop pulls you over for speeding and he's okay with giving you a warning, he's not going to ask if you know how fast you were going. If your speed was within a reasonable range, he'll assume that you were intentionally watching your speed; if you were well over the limit, then either you were flaunting the law or you were oblivious to it.
I've rarely had cops ask me about the reason I was pulled over.
Hey Andrew, love your channel. Straight poop, no fluff. Thank you
I love your channel. Thanks
What I hated when I use to party in Houston was the fact that I knew I shouldn't be driving and wanted to just crash in my car but the cops would force us to drive with the threat of being towed or arrested. This is still common in the Houston and Conroe area.
I like this attorney. The main reason I, a non-drinker, oppose checkpoints is their unconstitutionality. Even us non-drinkers can get ensnared by DUI laws, such as being arrested and convicted for being under the influence of drugs. When I was a pigcop in the 70s and 80s, tickets were written for “driving under the influence of alcohol and/or drugs.” Back in them old days, we didn't have cops who were “drug recognition experts.”
My Neurologist administers the same test, but she calls it an "Evoked Potentials Test" and charges my insurance $450 for it.
In my small town, it's about getting as many tickets as possible. One can be completely sober but if a headlight is out a taillight is out, your tag is out of date and any other non drunk-driving infraction is found, they give you a ticket. it's a lazy catch-all for our police force. You can be at a check point with 3 or 4 police vehicles and hear gunshots ringing out in the distance.
Don't know about VA, but where I live participation is not optional. They have sentry unmarked cars that radio marked cars of any turnarounds, and they run you down. I know of a young couple that left their apartment complex and the girl said she forgot the greeting card they were taking to a friend and turned around to go back to get it and were chased down as if they were criminals. By coincidence, the police had their road block right down from their apartment complex.
You were great in the Ernest movies, my childhood was awesome.
SO glad I found your site. I'm in the DC area too, goog to get this advice from a regional attorney
Many, many, many thanks.