Warning About Driving Laws Questions
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M$5
February 15, 2009 08:27 AM
How do you look up DUI / Sobriety Checkpoints?
I heard that it is required by law for police departments to publish pending/upcoming DUI sobriety checkpoints, but that they purposely make them hard to find so people don't find out about them in advance. I heard MADD even applauds the publications because they actually cut down on drunk driving. My question is: how do you find these publications? I am particularly interested in Fresno, CA as well as the general Southern California area (West LA/Santa Monica areas to be even more precise).
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Best Answer Chosen by Asker
| February 15, 2009 09:07 AM |
There are plenty of law firms in the area with attorneys who could probably answer your questions better than anyone.
http://lawyers.findlaw.com/lawyer/firm/DUI_DWI/Fresno/California
| Asker's Rating: |
• While neither answer was fully what I wanted, contacting a DUI lawyer was an idea that I had not really thought of before.
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Other Answers (1)
February 15, 2009 05:16 PM
Sorry, not possible. First of all, the Supreme Court ruled on June 14, 1990 that sobriety checkpoints are legal. Chief Justice Rehnquist stated that sobriety roadblocks are effective and necessary to reducing the number of drunk drivers. Rehnquist also acknowledged that there must be guidelines set for these roadblocks to avoid becoming overly intrusive. Sobriety checkpoints can not just be set up whenever, wherever and however law enforcement agents choose. The Chief Justice left it to the states to determine what the guidelines should be for the checkpoints.
In order to provide standards to be used by states, the National Highway Traffic Safety Administration (NHTSA) issued a report that recommend checkpoint guidelines in keeping with state and federal legal decisions. However, these guidelines DO NOT include publishing a list of locations.
These guidelines are:
* They must be part of an ongoing program to deter driving under the influence. Vigorous enforcement, public information and education need to be part of this program.
* There should be support from their prosecuting attorney. The jurisdiction’s presiding judge should be informed of the proposed checkpoints and procedures.
* There must be existing departmental policy on how to properly conduct a sobriety checkpoint.
* The selection of checkpoints must be done in the interest of public safety and chosen for a specific objective (i.e., high amount of drunk driving accidents in the area.)
* Special care should be taken to warn approaching drivers of the sobriety checkpoint.
* Uniformed officers and marked vehicles should make the police presence obvious.
* A mobile breath testing unit with a qualified operator should be physically located at the checkpoint, if possible. If not, a system for expeditiously transporting suspected violators to chemical test sites should be established.
* If there is any deviation from the predetermined plan for stopping vehicles, it should be well documented, and the reason for the deviation (i.e., traffic backing up, poor weather) given.
* Officers participating in a sobriety checkpoint should be properly trained in detecting impaired drivers. If they suspect a driver of being under the influence, they should be able to investigate further without impeding the flow of traffic.
* To maximize the deterrent effect, sobriety checkpoints should be publicized aggressively.
* There should be a systematic method of data collection and evaluation. This can be used to monitor and ensure standardization and consistency of sobriety checkpoints.
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joethedrun...
August 21, 2009 11:12 PM
Rehnquist is a lyer and an incompetent soundrel! Sobriety checkpoints have not reduced drinking and driving or fatalites one iota. Period. Their real purpose is to check identification papers, ie, driver's license, registration, insurance, etc. They are a violation of the 4th amendment but hey, whose going say anthing with a loaded gun in your face?
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