DUI Checkpoints: Your Rights and Some ideas

You are out and about going somewhere on a weekend night and all a sudden traffic starts backing up.  There is no reason traffic should be this busy so you start wondering...Is there a wreck?  Then it hits you when you see all the cop cars.  Your stuck in a DUI checkpoint.

Now there are a couple of ways to handle this.  If you haven't been drinking then its just a big inconvenience, your going to have to sit in line and be late to whatever your going to.  If you have been drinking then your heart just sank.  You have some decisions to make.

But here are some things to consider.
1. You only have to provide insurance information (on demand) and identification for yourself and the vehicle.
2. You don't have to answer questions.
3. Not speaking, could cause the police to hassle you more.
4. You don't have to consent to any search.
5. Before the police can make you take any sobriety tests they need probable cause to believe you are under the influence.

Lets take a look at some reactions to people trying different methods of handling a DUI Checkpoint.
Refusal to Speak:




Now these officers did it correctly. They had no probable cause to believe the driver had been drinking. He didn't slur his speech. He must not have been showing physical signs of being drunk, and he didn't say that he had drank any alcohol. So they let him go.

Here is someone that took the test when they should not have.



If you are drunk please don't make it more difficult on your attorney and consent to a field sobriety test. If you are in Kansas just say no thank you. You don't have to take the field sobriety test. There is no negative consequence to not taking them.  Remember I am not talking about Breathalyzer Test.  Refusing to take a Breathalyzer test has negative consequences on your license.

Lastly, remember not every police officer plays it by the book. What an officer should do and what they actually do can often be two different things.

How Drunk was Gary Pinkle? View the DUI arrest through the officer's camera

This is the latest release of Gary Pinkle's field sobriety test. It may give you some insight as to why he plead to the DWI charge so quickly.  Here are the tests you be the judge.

Here are the standard tests for field sobriety.

1. The one-leg stand
To perform the one-leg stand test, you must stand with one foot six inches off the ground while counting aloud in thousands (one-one thousand, two-one thousand, etc.) until the officer instructs you to stop. You are also required to keep your arms at your side, look down at your foot, and keep your toes pointed.

As with the other field sobriety tests, the officer will look for clues during the one-leg stand test. These include putting your foot down before the test is over, swaying while trying to balance, hopping, and using arms to balance. If you exhibit two or more of these clues, you could be arrested for drunk driving.

The important thing to remember about the field sobriety tests is that the scoring is entirely subjective. Police officers, like anyone else, can show bias if they already believe that you are under the influence. They may cite even minor actions as “clues.” In addition, the one-leg stand test is normally administered in adverse conditions that increase its difficulty. The flashing of the patrol car’s lights, a sloped roadway, and the glare of the headlights of passing cars may make performing this test extremely difficult. Also, people who are over the age of 65 or are more than 50 pounds overweight, or who have a physical condition should not be asked to take the one-leg stand test.

2. The Walk and Turn
While it may seem as though the walk-and-turn test is meant to measure the driver’s physical abilities, this is known as a “divided attention” test. This means that the test was designed to assess the driver’s ability to pay attention and to follow the officer’s directions.

To administer the test, the officer will place the driver in an awkward stance. The driver is expected to stand like this for a prolonged amount of time while listening to the police officer’s directions.

The officer will tell the driver to take nine heel-to-toe steps, turn and pivot off his or her front foot, and take nine more heel-to-toe steps back towards the officer. During this time, the driver must also count out loud the number of steps he or she has taken.

While the driver is taking this test, the officer is looking for certain criteria. The criteria are: inability to maintain balance while listening to directions, missing steps, taking an improper number of steps, stepping off of the imaginary line, turning improperly, or failing to count out loud while taking steps.

3. The horizontal gaze nystagmus test.
One common tactic used by police to detect intoxication is the horizontal gaze nystagmus test, or HGN test. This is one of the many field sobriety tests officers use to determine one’s sobriety.

Police officers will ask the suspect to look at an object (usually a pen). While the object is moved back and forth, the officer is watching the eyes of the suspect looking for a lack of smooth pursuit. If nystagmus can be detected, the suspect will likely be arrested. Nystagmus is an involuntary jerking of the eyes.

However, the HGN test is far from perfect. Many other conditions may cause nystagmus. These include:
• Multiple Sclerosis
• Stroke
• Brain Tumors
• Visual loss
• Sedatives

Unless the police officer is also a well-trained ophthalmologist, his or her tests are often completely inaccurate! Even if nystagmus is properly detected, alcohol may not be the cause. The HGN test is one way to identify intoxicated behavior, but is very ineffective if tested alone.

Man in Kansas City Protests Checkpoints by making a warning sign to drivers.

Kansas City police find they did nothing wrong by taking DUI checkpoint protester's sign

This week's cover story (Recent article in The Pitch) focused on a couple of Kansas Citians spearheading a movement opposing the use of DUI checkpoints by local law-enforcement agencies. One, Michael Mikkelsen, stands along roads near checkpoints holding a sign warning motorists to turn before going through the roadblock.

In the story, Mikkelsen recalled a Kansas City Police Department officer taking his sign during a protest during the summer.  Mikkelsen spent the rest of the night driving to police stations looking for it. He eventually found his sign at a police gas station on Prospect. This annoyed Mikkelsen, and he filed a complaint with the KCPD's Office of Community Complaints.

The police looked into it, and they conceded that they took the sign. But they decided that their officer didn't violate any department policies. The letter sent to Mikkelsen came with something of a warning: "Furthermore, the officers did not cite you, but they could have for you interfering with them conducting official police business — a DUI checkpoint." Read the whole letter after the jump.

Here is a Picture of the Sign.

Here is a picture of the Response Letter.

Tell us what you think in the comment section below...Did the police violate this mans right to free speech?  Is this fair?  Should the police be able to randomly stop drivers?

DUI Law: Gary Pinkle gets suspended for one week for DUI Arrest.

Mizzou suspends football coach Gary Pinkel after DWI.

Mizzou football coach Gary Pinkel was suspended one week without pay and will miss Saturday's game against Texas Tech after he was was arrested Wednesday night in Columbia, Mo., on suspicion of DWI.

Missouri athletic director Mike Alden also said that when Pinkel returns to work next Thursday, he will donate one week's pay to the MU Program for Alchol Awareness.  He also will have his salary frozen for one year. He signed a two-year extension in April with a guaranteed salary of $2.35 million.  Pinkel will also receive no bonus if MU qualifies for a bowl -- they need to win one more game -- and will write a letter of apology to MU fans and do 50 hours of community service, Alden said.

If Mizzou reaches a bowl game, the financial impact would be $306,538, school officials said.  Defensive coordinator Dave Steckel will take over for Pinkel, who is to have no involvement in the remaining game preparation for Texas Tech and is to be out until next Thursday.

Alden said that he met with Pinkel three times today and described the coach as very "remorseful." Alden said this was a "serious breaking" of responsibilities and that any repeat incident would incur harsher penalties, up to and including termination.  A Boone County deputy stopped Pinkel, 59, in the northbound lane of the 200 block of North Keene Street near Broadway about 10:15 p.m. for lane and signal violations, said Boone County Sheriff's Maj. Tom Reddin.

Pinkel was driving north in a Chevrolet Avalanche when he was stopped and was the only person in the vehicle, Reddin said.  Pinkel cooperated with the deputy and was booked at the Boone County Jail on suspicion of DWI, a misdemeanor, Reddin said. Pinkel posted a $500 bail and was released on the first-offense charge.

Reddin would not comment on whether Pinkel agreed to a breath or blood test. Reddin said the case would be presented to prosecutors.  Last summer, Pinkel appeared in a series of poster advertisements promoting motorcycle safety created by the Missouri Coalition for Roadway Safety as part of its "Share the Road" campaign.  MU Chancellor Brady Deaton said in a statement: "I was deeply disappointed to hear the news about Coach Pinkel. Coaches must hold themselves to the very highest of standards. His lack of judgment is especially concerning since he serves as a role model for our students. I expect (athletics director) Mike Alden to take appropriate action and he has my support in doing so. I also expect and believe that Coach Pinkel will accept full responsibility for his actions and will act in accordance with the standards he expects from his players."

In a statement, Pinkel said, "Last night after practice, I met some friends for dinner. After dinner, I was stopped by a Boone County officer and received a citation for DWI. "First and foremost, I am very disappointed in myself for my lack of judgment in this instance. Nobody should drink and drive, including me. My staff and I constantly reinforce with each of our players the importance of not putting yourself into a position such as this. I did not follow that here and for that, I sincerely apologize to the University of Missouri, to our administration, to the Board of Curators and to our fans.

"I have already met with our staff and communicated with our players and have apologized to them. I accept full responsibility for my actions and will abide by whatever course of action our leadership deems appropriate."

Alden released a statement about Pinkel's arrest.
"We are extremely disappointed in Gary's lack of judgment," the statement said. "He is known as a man of great character and integrity. However, this absolutely goes against everything we stand for, and everything that he teaches his players in regards to our social responsibilities. We hold ourselves to very high standards, and this is a very serious breach of those responsibilities. We are gathering facts and will take action appropriately, and when those actions are determined, we will communicate them publicly."
Pinkel has been known for a no-nonsense attitude toward transgressions committed by his players or assistant coaches.

After MU players Will Ebner and Beau Brinkley were arrested on similar charges last year, each sat out two games.  That came weeks after Mizzou assistant coach Bruce Walker was arrested on suspicion of DUI.
and was handed undisclosed, stiff internal penalties.

When then-MU head football coach Woody Widenhofer was arrested for a DWI a few blocks from his home after a win over Kansas State in 1987, Widenhofer missed no games and later pleaded guilty. He was fined $500.  "I pleaded guilty today because I made a mistake," he said then. "I never had any idea to contest it. I made a mistake. I'm sorry for it. I'm ready to get on with business."
Joel Currier of the Post-Dispatch contributed to this report.

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DUI Law: Grants in Kansas create more DUI Checkpoints over Thanksgiving Holiday

Grants are funding an increased effort to crack down on drivers who have been drinking.  If your going to be traveling over the Thanksgiving holiday be aware that there will be DUI Checkpoint and there will be officers stopping people all over the state of Kansas.  Don't drink and drive, but if you do get pulled over and given a DUI call our office for a free consult.

EDPD officers to participate in Thanksgiving traffic campaign.

El Dorado, Kan. — The El Dorado Police Department, along with many other police agencies across the state, including the Kansas Highway Patrol, will be participating in the Kansas Thanksgiving Traffic Enforcement Campaign, from Nov. 21 through 27.

A grant from the Kansas Department of Transportation (KDOT) will underwrite overtime traffic enforcement especially targeted at impaired drivers and vehicle occupants who are not properly restrained.

Surprisingly, the Thanksgiving holiday weekend (Wednesday -Sunday) commonly outranks all other holidays in its number of alcohol-related crashes.

Those driving under the influence of alcohol or other drugs, endanger not only themselves, but also their passengers, other motorists, bicyclists and pedestrians. On average, across Kansas, six persons are killed or injured in alcohol-related crashes each day.

According to KDOT, which tracks all crashes in the state, vehicle occupants in alcohol-related crashes are over 2 1/2 times more likely to be injured or killed than those involved in crashes where alcohol or other drugs were not a factor. Each week across Kansas more than 300 drivers are arrested for DUI (Driving Under the Influence). A DUI conviction will result in jail time, suspension or revocation of driver’s license, a fine of $500 to $2,500, participation in an alcohol treatment program, possible impoundment of their vehicle, and installation of an ignition interlock device in that vehicle.

“Keep in mind that if you are going to be drinking – any amount at all– don’t consider driving home,” said Deputy Chief Curt Zieman. “Arrange to ride with a non-drinking acquaintance. Don’t let pride or concerns for your convenience endanger your life and the lives of innocent others.”

Failure to simply take two seconds to buckle up is also responsible for needless death and maiming. Kansans who do not buckle up are about 12 times more likely to be killed and almost twice as likely to suffer injury as those who do buckle up. Even worse is the fact that injuries suffered by those who are unbuckled are likely to be much more severe and disabling than those suffered by those who are restrained.
This applies regardless of speeds and whether on city street, county road, or highway.

“Always wear your seatbelt and don’t move the vehicle until each person riding with you is buckled in,” Zieman said. “It is your best defense, it’s their best defense, and it’s the law. It is not uncommon for a belted driver to survive a crash relatively unscathed while an unbelted passenger is killed or seriously injured – perhaps for life.

“By always following these simple rules, you will preserve life, and certainly your cash. Let us catch you breaking the law and it will cost you!”

This article was written and published by the El Dorado Times.

Copyright 2011 El Dorado Times. Some rights reserved