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Thread: "No refusal" DUI checkpoints could be coming to Tampa

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by ptif219 View Post
    Don't drive drunk and it will not affect you. If you are caught well then you go to jail. Obey the law and stop whining when you get caught breaking it.
    And you call yourself a conservative. Do you believe that sobriety checkpoints violate the 4th Amendment to the US Constitution? Here it is in case you might want to look it over.

    4th Amendment to the US Constitution

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    Last edited by SgtRock; 12-30-10 at 07:30 PM.

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    I'm not so sure what to think of this issue.

    On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

    On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

    And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

    I'm totally conflicted on that one.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    I don't mind checkpoints. In most cases, the police officer can quickly establish if you are drinking or not based on your breath without giving you a test. I have been stopped at several checkpoints and have always been quickly waved through because it was obvious I wasn't drinking (I only drink with my family during Lunar New Year and I don't drive afterward). If you smell alcohol on the breath, that, to me, would be probable cause for a breathalyzer or blood test. Short of that, I would agree that Fourth Amendment protections should kick in.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Ya this is BS the government needs to step the f**k off. If we let them get away with this whats to stop them from doing door to door searches.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    If this becomes codified, I hope the people of Florida take their local government to court and constitutionally rape it.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Personally, I have no problem with this and, in fact think it's quite efficient and would support it... however, it certainly violates the 4th Amendment and should not be enacted, at all.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Dittohead not! View Post
    I'm not so sure what to think of this issue.

    On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

    On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

    And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

    I'm totally conflicted on that one.
    You are right check points are a violation of the 4th amendment however you do not have a right to get where your going without someone running into you? Here is some food for thought. Last year (2009) 6000 Americans died and more than half a million were injured in auto accidents due to distracted drivers. Mostley because of cell phone use, texting, etc. By comparrison there where 10,839 fatalities due to drunk driving related accidents in 2009. When are they going to protect us from drivers who use cell phones huh? Where is the MADD (Mothers Against Distracted Driving) organization? When will they start putting distracted drivers behind bars like they do drunk drivers? Since they started keeping nation wide records of drunk driving fatalities in 1982 the number of fatalities has decreased each year while distracted driving fatalities have increased each year. At some point in the near future distracted driving deaths will surpase drunk driving deaths. Will distracted drivers be stigmatized like drunk drivers are?

    Distracted Drivers Kill 6,000 Last Year - CBS News

    http://www-nrd.nhtsa.dot.gov/Pubs/811363.pdf

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Dittohead not! View Post
    I'm not so sure what to think of this issue.

    On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

    On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

    And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

    I'm totally conflicted on that one.
    What innocent person would refuse having their vehicle or home searched, at any time of day? Surely that's probably cause.

    Or maybe this "if she's not a witch she's float" scenario is a bad idea.
    Last edited by Deuce; 12-30-10 at 10:19 PM.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Interesting. Here in Idaho you don't have a right to refuse a breathalizer test. If you do then the cop can take your license away on the spot. It is something that must be agreed upon before they will issue your license to you. I figured it to be a pretty sensible requirement and am actually surprised that other states don't have it.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by SgtRock View Post
    And you call yourself a conservative. Do you believe that sobriety checkpoints violate the 4th Amendment to the US Constitution? Here it is in case you might want to look it over.

    4th Amendment to the US Constitution

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    How does a checkpoint that checks every one violate that? It is not like they are going to your house. Don't feel bad they have been searching big trucks for years and the driver can not stop it.

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