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  • M. Sage

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    Jan 21, 2009
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    Sobriety checkpoints are apparently illegal here. Never ran into one in California, but they sure loved to run them back there, and are apparently branching out into running checkpoints simply to check license and registration.

    Sobriety checkpoints
    Texas Illegal under Texas' interpretation of federal Constitution. State v. Holt, 887 S.W. 2d 16 (Tex. Cr. App. 1994) Because the checkpoint the U.S. Supreme Court upheld in Michigan v. Sitz, 496 U.S. 444 (1990), was legislatively authorized, the Texas court held that absent such authorization a checkpoint is illegal under the U.S. Constitution. There is no specific language in Sitz requiring such an interpretation.
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    JKTex

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    Mar 11, 2008
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    Ya, but they're done here, they're just labeled differently....

    There is a widespread initiative on the water to do check points on Texas lakes. It's been talked about and announce by some LEA's including TPWL but hasn't seemed to have been as big as said. Supposedly, this weekend is their Mardi Gras.
     

    M. Sage

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    "TPWL"?

    They really are done here? That might be a good opportunity to have some fun with my little MP3 player's voice recorder capability.

    I'm kind of disappointed that the do 'em here, though.
     

    M. Sage

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    Isn't there a rule, or scotus ruling, that says you can only check 1 out of every 10? Not that the law would, or could, really be enforced.

    Not that I know of. The only Scotus ruling I know of says that they must give you a chance to avoid a DUI checkpoint. Interestingly, the court also stated in the ruling that DUI checkpoints are a violation of our rights, but that they were willing to suspend our rights in this one instance because drunk driving is bad, mmkay?
     

    M. Sage

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    Rules and Laws are for the little people.

    Especially back in CA.

    Someone I know, when he was getting ready to deploy, got stopped and detained at a checkpoint in CA... on his way home from the base, in his ACUs. He was pretty unhappy with his treatment, especially since he was about on his last nerve and hadn't been drinking; he didn't enjoy having his time off wasted like that. So he went home and changed and went through the checkpoint half a dozen more times, to waste the cops' time. They weren't terribly amused, which made him feel a lot better.
     

    Thor

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    When I was stationed in San Diego, (80-86) I saw DUI checkpoints just about every weekend starting sometime after 1984. I never liked the idea.
     

    M. Sage

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    They're having a big DUI checkpoint weekend in CA today, tomorrow and Sunday. Nothing like a little fascism over the 4th of July weekend to celebrate our freedom, eh?

    Ahhh, but that's CA for you. And a lot of the idiots that live there clamor for it. "Checkpoints are good! I have nothing to fear from them, because I don't drink and drive!"
     

    cuate

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    Jan 27, 2009
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    Comanche Co., Texas
    DWI/DUI Checkpoints

    First it isn't funny to have your person or auto run over by a drunk and whatever the penalties may be, the same damned old drunks keep doing it over and over. The answer to the problem hasn't been found as yet.

    Those screaming, hollering women, the MMADs and the Texas Insurance agencies blow the damn problem way out of its actual size, The ridiculous
    .08 blood alcohol lever by law described as impaired is not realistic.

    And as a free American and Texas Citizen should you desire not to partake of the breathalizer, some Counties as Dallas and Tarrant will sort of ear you down like a dogie calf and draw your blood in hopes of getting a conviction. Revenue, get it ?

    By the way, I have never been arrested, for drunk or DWI or anything else but I see freedom slipping away and nazi tactics coming on more and more. The anuses are passing laws right and left and the state and national level to curb your freedom and relieve you of your money. MOLON LABE....
     

    M. Sage

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    First it isn't funny to have your person or auto run over by a drunk and whatever the penalties may be, the same damned old drunks keep doing it over and over. The answer to the problem hasn't been found as yet.

    No, it isn't funny. As a motorcyclist (whose wife rides, too) who isn't just a weekender, but someone who gets most of his transportation done on two wheels, I've got to say that drunks on the road are one more thing I'd rather not have to look out for.

    In the balance, though, it's lazy and stupid drivers who are a bigger threat. By lazy I mean those who don't bother to learn anything more than the most basic of skills and figure they've learned enough. There's a reason I know driving techniques that most of the people on the road haven't even heard of - and it's not because I've ever put rubber down on a track, either (because I haven't).

    People who view their vehicles as transportation appliances scare me more than drunks, simply because there are so many more of them!
     

    txinvestigator

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    They're having a big DUI checkpoint weekend in CA today, tomorrow and Sunday. Nothing like a little fascism over the 4th of July weekend to celebrate our freedom, eh?
    Please look up and post the definition of facism, then post it here and explain how a DUI checkpoint is representative of facism. I guess I am confused.
     

    txinvestigator

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    The ridiculous
    .08 blood alcohol lever by law described as impaired is not realistic.
    Of course it is.

    And as a free American and Texas Citizen should you desire not to partake of the breathalizer, some Counties as Dallas and Tarrant will sort of ear you down like a dogie calf and draw your blood in hopes of getting a conviction. Revenue, get it ?
    Really, the "revenue" whine again? Please, how about some originality? I


    When you obtain your driver license you consent to submit to the taking of a specimen of your breath or blood for the purpose of anaylsis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.

    It is called implied consent. Look it up.

    I have a novel idea. Don't drink and drive, and they won't ask you to blow or take your blood.
     

    M. Sage

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    Please look up and post the definition of facism, then post it here and explain how a DUI checkpoint is representative of facism. I guess I am confused.

    I'm familiar with the definition. How is a DUI checkpoint representative of fascism? Have you ever seen one? They stop everybody indiscriminately. It's gotten to be common to demand papers at them in CA - in fact, they've started running checkpoints that have no DUI purpose, just to check license and insurance.

    The police in some states run roadblocks to check everybody for compliance... and you ask how it's related to fascism...
     
    Every Day Man
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