DUI Checkpoint Refusal

Though, judging by what I've seen so far, Hawaii cops would likely refuse to identify themselves in the first place.

DUI Checkpoint Refusal

Though, judging by what I've seen so far, Hawaii cops would likely refuse to identify themselves in the first place.

am i being detained? Am i free to go? Been there , used it. You should too.

am i being detained? Am i free to go? Been there , used it. You should too.

I'm never brave enough to go full bore.  So I just act like a badass by being passive-aggressive. 

I'm never brave enough to go full bore.  So I just act like a badass by being passive-aggressive.

i never said i was brave when it went down, just sober!

i never said i was brave when it went down, just sober!

Haha, me too.  But it never seems worth it to push the issue and get wrongfully arrested by some d-bag with a badge and vague idea that there's an old, old, wooden ship that people keep referring to when he pulls them over.

Been there done - done that ... Nimitz and Ahua checkpoint.  I was a little more direct than that gentleman.  I only rolled my window down about 1" which was enough to facilitate communication with me adn the officer.  One of the guys tried to break into my car by yanking very harsh and aggressively on my door and window, all while he said he was going to "Pull me out of the vehicle" because I "like to cause trouble."

I didn't roll the window down fully because I observed the flagging officer conduct an illegal search of the vehicle ahead of me by entering his head and body into the driver's window to smell their breath and also perform a quick nystagmus check.  I think all he got out of me was "Where do you work?" -- "Hawaii."  Where in Hawaii, "Honolulu."  After that it was, "Let me know when you would like my license, registration, insurance and safety check."  Shortly after, all hell broke loose and there were quite a few "fleeting expletives" that the FCC would have fined me for, but this was one some jack booted thug was trying to break into my vehicle (and importantly, scarred the shit out of my wife).  I do wonder what would have happened had I not locked all my doors and rolled up my windows prior to entering that checkpoint.   Luckily, some Sgt. saw the idiot, and pulled him away before the qik video was turned on.   An officer also followed me from my checkpoint after that to my house.

We have a video of me stopping another officer and asking for his ID. This was after he nearly caused a wreck and almost hurt 2 women and 3 children in a vehicle where he ran a red light without lights on.

This is why I have multiple cameras and recording devices when I travel on busy nights (new years, holidays etc.).

I can see why the lady sergeant decided to let the driver go besides the obvious reasons but she can see him writing down stuff so she concluded he is sober and not push the issue. Now if the driver start saying the wrongs things or wrong toneit might have ended differently

Good resource for what to do if the cops, immigration, or the FBI contact you.

http://www.aclu.org/issues/criminal/bustcardtext.html

Funtimes - you have some stones my friend.

I have long had the this annoying dream that one night about 100 law-abiders, stone cold sober, with cars stripped of absolutely anything that could be construed as illegal or suspicious, and equipped with recording devices, got all lined up in one of those DUI checkpoint lines and went through one by one, following the ACLU procedures and refusing to answer any questions or to consent to a search.

The dream sort of fades away after about the 20th stop and I have to get up to pee.

I wonder what conversations went on between the Officer and the Sergeant after that, and what went on in the station house later regarding this.

He had stones, all right, and a good lawyer, I'll bet.

Oh, incidentally...

http://www.daytondui.com/blog/2011/12/09/no-refusal-checkpoint-tonight-in-dayton-dec-9th/

"Judges will be standing by to issue warrants for forced blood draws should a person choose to refuse a breath test."

http://www.paduiblog.com/uploads/image/Harrisburg%20DUI%20Lawyer%20bill+of+rights+torn+up.jpg

http://4.bp.blogspot.com/_wHuknpJGtBM/Rr76ue3KjCI/AAAAAAAAAYw/zTbGkap54Os/s400/bill+of+rights+torn+up.jpg

(Copyright notices within images.  Reproduced here for educational and comparison purposes.)

Terry , 230RN

Funtimes - you have some stones my friend.

No stones - I have just learned to really like my freedom!

Well, if every time we check internet for police then they will not be able to catch anybody. My uncle once told me about a very good DUI attorney Los Angeles who was able to get him out of prison when he was pressed DUI. I am going to save his contact as looking for someone online is tiresome.

Well, if every time we check internet for police then they will not be able to catch anybody. My uncle once told me about a very good DUI attorney Los Angeles who was able to get him out of prison when he was pressed DUI. I am going to save his contact as looking for someone online is tiresome.

6-year-old thread!  That might be a new record.   

Technically, 6 years 9 months....

No one has ever successfully convinced the police not to arrest. (paraphrasing the video)

No one has ever successfully convinced the police not to arrest. (paraphrasing the video)

1 of the most important things I learned from my CCW instructor in Vegas.

Example:

Cop: How many rounds did you fire?
You: I shot 4
Cop: Puts what you said in report.

Fast forward to court
Prosecutor (P): Mr. X, you said you shot 4 rounds.  But forensics pulled 5 bullets from the scene.  They also found 5 spent casings on the scene.  And 5 holes at the scene.  But you said you only shot 4, and that's what you told the police.
You:  Ummm, maybe I did shoot 5 then
P: So was your first statement that you made to HPD untrue, when you said you fired 4 times?

Now your competency is being questioned.  What else is untrue about what happened that night.

You can do it but you have to make sure you know your stuff.

If cops have nothing on you other than being the predetermined number then this works. However if the cop finds a violation then they can legally require your license which would require you to open the window.  So just gotta make sure you safety check is updates, your lights were both working, etc etc.

I just say plainly and clearly, "I did not have anything to drink tonight"  they send me on my merry way

The first cop asked the correct question.  “Did you drink any alcohol tonight?”  I had a friend who doesn't drink alcohol, reply “Yes” when asked at a DUI check point “Did you have anything to drink tonight?”  He just left a buffet and drank 3 glasses of water and 2 cups of coffee.

I just say plainly and clearly, "I did not have anything to drink tonight"  they send me on my merry way

This, I rather take 3 seconds to respond politely and be about my way.