Checkpoints

[LPatterson]

The State of Montana has finally passed an open container law to take effect the 1st of October. Today I can go down the street drinking out of my 40 & the cop can't do anything about it. He may stop me but it has to be for another excuse and not wearing a seat belt is not one one of them. If I can pass a field sobriety test then he is not justifible in requesting a breathalizer test.

75% of the fatalities on Montana highways are the result of drinking or failure to wear a seat belt. Helmets are not required for motorcycles either.

If it takes a checkpoint every other block to get the drunks off the road then I don't mind sitting in line.

My father was an alcoholic before it killed him.

[Ted Murphy]

Quadruple that and add a public caning and we're almost there.

The figures I used are the punishments most often cited in our local blotter, they don't include legal fees.

<{POST_SNAPBACK}>

Sometimes you can pay fines instead of going to jail. Not having experienced it, I have no firsthand knowledge but I know from my neighbor's problems with the law that you can often pay fines and miss the jail time.

John figured it out on his 38th birthday that he paid over $250,000.00 in fines since age 15.

I always figured that for the govt, this was more business than trying to make the streets safe.

Ted

[Gary Johnson]

I agree with Erik. Checkpoints are an unreasonable intrusion into our personal affairs.

They are also a ridiculous waste of effort. Checkpoints are a tool for detecting a crime that has already taken place. I wonder how many drunks are not caught by checkpoints because they cream someone before they can get there.

If you don't want drunks to drive the solution is simple. Make cars that can't be driven by drunks.

How about putting an alcohol sniffer in the drivers compartment? If the driver stinks of booze the car refuses to start. If it's already running, the sniffer honks the horn/flashes the lights until the drunk parks the car.

That is prevention. Stop drunk driving BEFORE it happens.

[Ted Murphy]

How about putting an alcohol sniffer in the drivers compartment? If the driver stinks of booze the car refuses to start. If it's already running, the sniffer honks the horn/flashes the lights until the drunk parks the car.

They mandate them for certain repeat offenders after they get their licence back. The unit is somewhere around $2,200.00 and has to be calibrated every so often for a fee. And you need one on every car you own.

They install them at a friend's work. Interesting stuff. It's an interlock on the car that you have to blow on to start the vehicle and at certain intervals as you drive.

Ted

[kellyn]

Would those who oppose sobriety checkpoints oppose immigration checkpoints near the Az. border?  Or truck safety inspection checkpoints at your State border when semis enter your State?  Or a roadblock to stop an escaped felon or armed terrorists?  Tricky stuff to decide.

<{POST_SNAPBACK}>

No it isn't.

FWIW, bit of a straw man argument there.

<{POST_SNAPBACK}>

Not so. In each case, a person is being detained -however briefly- with absolutely no p/c or reasonable suspicion on the altar of some State interest be it traffic safety, public safety, immigration, etc. The legal analysis is very similar in each instance. Is there such a compelling State interest that it justifies such an intrusion on the citizen. I find that with most people (and sometimes myself), their analysis depends on whose ox is getting gored as opposed to a well thought out and consistent approach. I for one am mildly opposed to DUI checkpoints but am all for immigration checkpoints near the Border. Go figure.

As for DUI itself, it's an interesting crime in that it's preventative in nature. You are punished for what you MIGHT do (kill or injure someone, damage property etc.) versus what you actually have done (which is the vast majority of other crimes).

[redmercury2]

of course illegal immigrants are not citizens

[folsoml]

of course illegal immigrants are not citizens

<{POST_SNAPBACK}>

But how do you know they're illegal until you stop them?