color of law
Accomplished Advocate
No, not gullible. Don't bail now. Right, wrong or indifferent stand your ground. But, when you are wrong own-up to it and move on.
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OVI Checkpoint Prediction
- Thread starter eye95
- Start date
eye95
Well-known member
Yet another OVI checkpoint result shows that they are useless for the stated purpose:
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www.whio.com
OVI (DUI) checkpoints are an exception to a general rule from the courts barring most checkpoints. The exception was created because of the governmental need to protect us from drunk drivers. However, if the checkpoints are not protecting us from drunk drivers, shouldn’t that loophole be closed?
No OVI violations from checkpoint on East Third Street in Dayton
An OVI checkpoint was operated Thursday night in Dayton along East Third Street.
www.whio.com
OVI (DUI) checkpoints are an exception to a general rule from the courts barring most checkpoints. The exception was created because of the governmental need to protect us from drunk drivers. However, if the checkpoints are not protecting us from drunk drivers, shouldn’t that loophole be closed?
Yet another OVI checkpoint result shows that they are useless for the stated purpose:
No OVI violations from checkpoint on East Third Street in Dayton
An OVI checkpoint was operated Thursday night in Dayton along East Third Street.
OVI (DUI) checkpoints are an exception to a general rule from the courts barring most checkpoints. The exception was created because of the governmental need to protect us from drunk drivers. However, if the checkpoints are not protecting us from drunk drivers, shouldn’t that loophole be closed?
When pigs fly...
color of law
Accomplished Advocate
4507.35 Duty to display license or furnish satisfactory proof of license upon demand; penalty.
(A) The operator of a motor vehicle shall display the operator's driver's license, or furnish satisfactory proof that the operator has a driver's license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made and the operator has the operator's driver's license on or about the operator's person, the operator shall not refuse to display the license. A person's failure to furnish satisfactory evidence that the person is licensed under this chapter when the person does not have the person's license on or about the person's person shall be prima-facie evidence of the person's not having obtained a driver's license.
You do NOT have to have your driver's license on your person or close at hand.
Last edited:
eye95
Well-known member
Interesting.
The law does not say “lawful demand of any peace officer”. It only says “demand of any peace officer”. Is that constitutional? Is every demand of a peace officer for a license from the operator lawful? If not, under what circumstances would it not be?
Generally speaking, I will behave as though any such demand, while I am operating a vehicle, is lawful—and sort it out later if I have reason to believe that the demand was unlawful.
The law does not say “lawful demand of any peace officer”. It only says “demand of any peace officer”. Is that constitutional? Is every demand of a peace officer for a license from the operator lawful? If not, under what circumstances would it not be?
Generally speaking, I will behave as though any such demand, while I am operating a vehicle, is lawful—and sort it out later if I have reason to believe that the demand was unlawful.
I had never heard of OVI, very troubling that they get away with doing this! I would be highly annoyed.
I saw one Ohio lawyer page advising "talk to the police officer, but don’t do any tests for the police officer. You don’t have to."
I saw one Ohio lawyer page advising "talk to the police officer, but don’t do any tests for the police officer. You don’t have to."
OC for ME
Regular Member
Legal in Missouri...not done very often it seems.
kcdwi.org
Are DUI Checkpoints Legal in Missouri? - Cornerstone DWI Defense Law Firm
DUI/DWI checkpoints are a controversial police practice intended to deter drunk drivers. In Missouri sobriety checkpoints are legal and regularly used.
kcdwi.org
Recent Missouri DUI Checkpoints
Recent Missouri DUI Checkpoints for January 2024 - Page 1. Find MO DWI Checkpoint Locations. Local Text and Email Sobriety Checkpoint Alerts.
www.duiblock.com
Slick LE sneaky sidebar...
quote:
Drug Checkpoints (it’s a trap!)
The Supreme Court has ruled that random checkpoints for the purpose of finding illegal drugs are unconstitutional. However, some police departments have devised a deceptive method to work around and exploit this restriction. Here’s how their trick works.
Police departments sometimes put up signs warning drivers of upcoming drug checkpoints. (This alone is not illegal.) But they will not pull over people who go through a checkpoint – because there technically is no checkpoint. Instead, officers will watch for vehicles approaching the nonexistent checkpoint and pull over for vehicles who make illegal u-turns or discard contraband in order to avoid the fictitious “Drug Checkpoint Ahead.”
So if you see such signs, keep driving and don’t panic. If there’s a rest area following the sign, DO NOT pull into it. If you do, you might find yourself surrounded by drug-sniffing dogs.
Police departments, especially in the Mid-west, have been pushing their luck with this tactic, so if you encounter anything resembling an actual drug checkpoint, please contact that state’s ACLU Chapter. Similarly, if you’re arrested as a result of a real or fake “drug checkpoint,” you must contact an attorney to explore your legal options. Unquote.
quote:
Drug Checkpoints (it’s a trap!)
The Supreme Court has ruled that random checkpoints for the purpose of finding illegal drugs are unconstitutional. However, some police departments have devised a deceptive method to work around and exploit this restriction. Here’s how their trick works.
Police departments sometimes put up signs warning drivers of upcoming drug checkpoints. (This alone is not illegal.) But they will not pull over people who go through a checkpoint – because there technically is no checkpoint. Instead, officers will watch for vehicles approaching the nonexistent checkpoint and pull over for vehicles who make illegal u-turns or discard contraband in order to avoid the fictitious “Drug Checkpoint Ahead.”
So if you see such signs, keep driving and don’t panic. If there’s a rest area following the sign, DO NOT pull into it. If you do, you might find yourself surrounded by drug-sniffing dogs.
Police departments, especially in the Mid-west, have been pushing their luck with this tactic, so if you encounter anything resembling an actual drug checkpoint, please contact that state’s ACLU Chapter. Similarly, if you’re arrested as a result of a real or fake “drug checkpoint,” you must contact an attorney to explore your legal options. Unquote.
What are my rights at various "checkpoints"? | Flex Your Rights
There are four general types of vehicle checkpoints you might encounter: DUI checkpoints, TSA checkpoints, US border checkpoints, and drug checkpoints. In a legal sense, they are not all created equal.
www.flexyourrights.org
Here ya go eye95 check this site http://www.duiblock.com/dui_checkpoint_locations/ohio/ before you go out
eye95
Well-known member
Too bad these good folks don’t track checkpoint results. All the actual number I have seen completely blow up the canard that these checkpoints serve any legitimate purpose of reducing drunk driving. A cop in a patrol car is far more effective at stopping drunks than a cop at a checkpoint is.Legal in Missouri...not done very often it seems.
Are DUI Checkpoints Legal in Missouri? - Cornerstone DWI Defense Law Firm
DUI/DWI checkpoints are a controversial police practice intended to deter drunk drivers. In Missouri sobriety checkpoints are legal and regularly used.
Recent Missouri DUI Checkpoints
Recent Missouri DUI Checkpoints for January 2024 - Page 1. Find MO DWI Checkpoint Locations. Local Text and Email Sobriety Checkpoint Alerts.www.duiblock.com
eye95
Well-known member
OVI results released from checkpoints in Fairfield, Oxford
A pair of sobriety checkpoints in Butler County last weekend yielded one OVI arrest.
431 cars, probably around 650 people, rousted without even reasonable suspicion, and one drunk was caught.
The article does not mention the results from the saturation patrols, but I suspect they netted more drunk drivers from them.
OVI checkpoints are an excuse for a “papers, please” exercise.
since9
Campaign Veteran
Just because some piece of legislation is deemed lawful doesn't make it Constitutional. Lacking a warrant, it's unconstitutional.
Please show me where, precisely, the U.S. Constitution allows for a "balancing test" to undermine our Bill of Rights.
color of law
Accomplished Advocate
I presume your statements are rhetorical.
since9
Campaign Veteran
Have you ever known me not to shoot straight?