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Stopped at a DUI Checkpoint? What to do.

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Published on Feb 9, 2010

Ivan O.B. Morse, Criminal Defense Lawyer discusses what to do if stopped at a DUI Checkpoint. Contact Ivan Morse, a criminal defense attorney at www.ivanmorse.com or www.ivanmorselaw.com. Or call 925-828-5307 for a free consultation.

Comments • 1,592

sparkymoo
250 people stopped, 5 took field sobriety tests, one arrested for DUI.  5 ticketed for expired insurance ($1000), 6 tickets for expired registration,  + tickets for mechanical  and seatbelt violations. These checkpoints are money shakedowns, revenue generating sweeps. They don't give 2 shits about your safety. Say, "no thanks" and then stfu.
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2A Forever
Sounds like this advice was designed to get you arrested so you will have to call him or another attorney
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FiT PT
All DUI check points, no matter how they are conducted, are a complete and total violation of the 4th amendment.  This is a FACT that should be disseminated to every potential voter and juror.  As a juror (and citizen/voter) its is your responsibility to subject all legislative issues to the scrutiny of the hierarchy of law.  Natural Law was, is, and always be the highest form of law - it supersedes all other forms of law and sits atop the hierarchy.  Nothing should or even ever can be done to remove Natural Law from the top of the hierarchy. - For example Lincoln knew that the Natural Law forbidding slavery superseded the Constitution or the will of any majority and consequently he did all he could to rectify this illegal and criminal wrong.  In the USA - the Constitution including the Bill of Rights (and the 4th amendment) is higher than all other forms of codified law and is thus 2nd on the hierarchy.  All the amendments after A 10 would be third and finally last would be all non amendment law written after the Constitution including DUI law.  When ever any law contradicts any other law  - the hierarchy determines which is in fact legal.  The lower contradictory law is both illegal and also criminal.  When summoned to perform jury duty - you must remember that the Constitution and Bill of Rights is higher and outranks all subsequent codified law (this is a true FACT no matter what you are told by anyone including the judge).  For any law to overrule any portion of the Constitution or Bill of Rights including the 4th A requires at a minimum an amendment.  In DUI cases ask the court to provide the amendment which overrules the 4th (there is no such amendment and probably never will be).  Any evidence acquired through an illegal search (violation of the 4th) should be discarded completely.  In fact any defendant that had his 4th or any rights violated by the state should be set free as a bird no matter the how evil the crime or how strong the prof of guilt.  Any government agent (cop) that violates the true spirit of the Bill of Rights is a criminal and should be sentenced to prison (every cop at every DUI checkpoint).  There is no time or circumstance that even mitigates let alone exonerates the violation of the Bill of Rights by police no matter what they are ordered to do.  Profiling is not illegal - it is common sense.  The presence or absence of profiling is not a true issue determining legality - it is a FALSE issue.  Any trolling for crime including DUI is itself a crime whether profiling occurs or not.  Only actual evidence of a crime is proper cause to check a drivers status or condition.  Evidence would be a vehicle fitting the description of a vehicle witnessed leaving the scene of a nearby accident or a vehicle operating in a clearly unsafe manner.  A vehicle leaving the parking lot of a bar would not qualify as evidence allowing a check. written but not read   
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Ron Pearlmann
Ha,ha,ha,ha; take this guys' advice and you will need an Attorney, and he's hoping to be the one... If you note, he doesn't tell that you have a legal right to avoid the DUI checkpoint or that by entering the checkpoint you have effectively agreed to being stopped and detained.. He then tells you to engage in polite conversation with the Officer, with no mention of the fact that in doing so, you may allow the Officer to smell alcohol on your breath or coming from your vehicle, which could establish probable cause to believe that you are intoxicated... Your best "legal advice" is to not drink and drive and if you chose to do so, do not be stupid enough to continue past the signs warning you of a DUI checkpoint...
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Kenneth Meeks
so everyone that is against DUI checkpoints is basically saying that they would rather these people get away with drinking and driving and possibly killing you or a loved one and that's okay with you you're all idiots
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Joe Beland
he said look for a sign saying you can turn around ??? I have never seen that sign EVER !!!
Blue Drums
Best solution that I've ever heard is that a drunk driver got out of his car as soon as he got in line and went up and sat in the cop car. When the cops asked him what the hell he was doing he told them that his driver was drunk and that that he ran away. He asked the cops for a ride home and he got one.....
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mrcooldude964
its not about safety or finding drunk drivers. is all about revenue and control. if our fore fathers were still alive every cop doing these nazi checkpoints on american soil would be arrested for breaking there oaths and the constitution,when the police and military in Nazi Germany were asked why they were throwing Jews into the ovens. (some alive) they said we are just doing our jobs, same response you'll get at an unconstitutional Nazi check point (ovi) today from (so called) law enforcement. time to WAKE UP AMERICA
Checkm8king2
DUI checkpoints have been ruled illegal in Michigan by the state supreme court.
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dogster Dela roca
So in the end. They can still have you take blood test/urine test/chemical test. So all your shit not answering the cops will just cost more problems. LOL
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