For those who need such things, here is one for NY. There are several videos on YouTube showing people using these to get through checkpoints.
Here’s the front of the NY version – the side you show to police:
And here’s the back:
while I get the whole respect my rights legal side this is a pretty shitty way to enable people
having known several people killed by drunk drivers I will never agree with this
How does one explain the need to do this if they have nothing to hide? I know that sounds terrible because it certainly takes the path of “guilty until proven innocent”, but seriously…what is the need for this if you have nothing to hide?
I just think it’s interesting. I had no idea in NY you didn’t even have to roll down your window.
I’d like to see this try to work in NY. Implied consent in NY starts with a 1 year license suspension for failure to take a breathalyzer or other test. Given enough physical evidence even with the window up, one could find it reasonable to perform a test, which failure to do would fall under that implied consent law.
I don’t know that this is proven science, be ready to pay for an attorney and hope you have nothing illegal about your car or in it.
I think a lot of this falls apart with the ‘driving is not a right’ thing that you agree to when you get your license.
This also is just dumb and annoying IMO. If you are driving drunk and using this to try and get out of a DUI, get off the road, you’re going to kill someone. If you’re doing it because your freedoms are important to you, it’s just going to cause problems and slow down police from actually catching drivers DUI.
@boardjnky4 and @XwalkerX summed this up about as well as you can.
This is so stupid, but good luck! I’m glad checkpoints are only in the suburbs
You’re not even talking about the same thing…
The concept here is DWI check points where they stop every car not pulling someone over and them turning down a breathalyzer.
What physical evidence are they going to have because you pulled up to a DWI checkpoint with your window up? It’s not like you were swerving and they pulled you over.
I will be using the version for California. THere are checkpoints every weekend coming out of my neighborhood. It easily adds 30-60 minutes onto your drive any time you want to leave on Fri or Sat night, and opens you up to all kinds of hassle about inspections, front plates, etc.
Not to mention, whatever happened to the concept of probable cause? This made it all the way to the Supreme Court cause it’s borderline unconstitutional. If somebody is driving perfectly fine, why would we lump them in with the drunk asshole swerving all over hitting shit? Because they blew the same amount when one should have never been blowing? How about instead of putting half hte police force in the same place sitting around bothering people, you have them actually patrolling the roads for people driving shitty?
Legally this does work because it is a checkpoint. DO NOT CONFUSE THIS WITH BEING PULLED OVER. If you are pulled over they will break your window and extract you from the car. Checkpoint laws are written to be much more constitutionally sound and protect your 4th amendment rights regarding illegal search. This has been used but by sober individuals that are not breaking the law and should not have to hand over papers to travel freely. IF you are drunk chances are that they will have visual cues without you even rolling the window down and you will not have a good night.
Even if ordered to roll the window down you can just go ahead and crack it enough to communicate. Video is the most important part to this as you need to cover your ass.
I am. With enough evidence (blood shot eyes, open container, erratic driving up to the checkpoint, evading the checkpoint, slurred speech, etc…) you can absolutely order them to take a breathalyzer or other field sobriety test, that’s what occurs at a check point.
I like it, and I don’t even really drink.
People died for my rights so I will use them.
2 important things…
No officer I don’t consent to searches
Don’t ever talk to the police.
Supreme court already ruled the check points are legal
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What im saying is rolling up and following the above(ID/document stating you complied) isn’t probable cause for them to demand a breathalyzer.
You’re injecting random scenarios
Sure if you roll up and try this trick with a open beer on the front seat I agree they could get probable cause to do a breathalyzer but simply doing this isn’t going to be enough.
30 - 60 minutes? Most checkpoint stops last around 15 - 20 seconds, how many cars are in front of you?
The other very generic statement that if you feel you must open your mouth to say something is “Am I being detained or am I free to go?” They can not answer that you are being detained unless you are suspected of committing a crime and a checkpoint is a random stop with no reasoning for detainment. IT will make them squirm because they know that they can not say yes you are being detained and they dont want to just let you go. If they say yes you are being detained you need to ask “on suspicion of what crime” and “I will need to speak to your supervisor”
I think this is interesting from a legal rights perspective actually doing this in some attempt to avoid a DWI is lame.
Patiently waiting for @Jam to see this. wft, no popcorn smiley anymore?