Me Refusing Police at DUI Checkpoint

gsxr750 · 08-24-2013, 05:40 PM

Quote:

Originally Posted by Xplicit97

This isn't about getting out of a DUI its about your rights and how many and what ones you're readily willing to give up

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The problem is that you have your rights that protect you under the constitution, which the poster is correct.

But where it differs is in your rights concerning driving a car or drivers license.

Its already been decided years ago in the high courts, that driving a car is not a right, its actually a PRIVILAGE granted to you by the state where you reside and can be taken away on you at the states discretion, based on their state laws.

So refuse the DUI test, most states have laws that refusing the test will result in your license being revoked for a certain amount of time and you then need to re apply again for a new license. You also have the insurance ramifications to deal with.

DEpointfive0 · 08-24-2013, 05:49 PM

Quote:

Originally Posted by gsxr750

The problem is that you have your rights that protect you under the constitution, which the poster is correct.

But where it differs is in your rights concerning driving a car or drivers license.

Its already been decided years ago in the high courts, that driving a car is not a right, its actually a PRIVILAGE granted to you by the state where you reside and can be taken away on you at the states discretion, based on their state laws.

So refuse the DUI test, most states have laws that refusing the test will result in your license being revoked for a certain amount of time and you then need to re apply again for a new license. You also have the insurance ramifications to deal with.

This is also 100% correct!

The law gets muddy when you are granted the privilege, and you're within the confides of it.
Case in point, OP is granted the privilege to drive a car, OP was asked proof of this, OP provided his license.
Done.

If OP had broken a law while driving, or it was readily apparent that a law was broken (let's say window tint [100% illegal here in CA on your front 3 windows]), THEN the officer now has "probable cause" to give you a ticket, then detain you and THEN is he wants, check your car.
The right to checking your car is lost once you accept a driver's license.
YES, you CAN refuse, in which you'll lose.
YES, you CAN lock your glove box and trunk and refuse to open it (lets say you have some sort of kill switch and you're in a car with a regular trunk,) the officer cannot pry, but while you're sitting on the curb in handcuffs and you have refused to open those, they now have MORE "probable cause" to get a warrant to open your glove box and trunk and check whatever they damn well please

critical · 08-24-2013, 08:10 PM

They can't search your car if you have tints or are speeding. Also tint can be legal on the front side windows in CA lol

DUI check points do not automatically qualify as a probable cause nor do I think they are reasonable.

The right to travel is enherit in our country's founding.

I rolled the windows up because the cops were coming into the car on both sides without my permission.

DEpointfive0 · 08-24-2013, 08:21 PM

Quote:

Originally Posted by critical

Also tint can be legal on the front side windows in CA lol

I guarantee ANY tint on the front window and the two side windows is illegal
Mayyyyybe visor tint is legal, but that's it

andre12031948 · 08-24-2013, 08:59 PM

Quote:

Originally Posted by critical

They can't search your car if you have tints or are speeding. Also tint can be legal on the front side windows in CA lol

DUI check points do not automatically qualify as a probable cause nor do I think they are reasonable.

The right to travel is enherit in our country's founding.

I rolled the windows up because the cops were coming into the car on both sides without my permission.

The last cop determined that you are not worth the time & decided to just let you go so he could get home to his family on time.

Why don't you show us our rights when it comes to the federal government.
Show us something there. We don't even have the right to privacy. Wouldn't surprise me if your phone/computer is monitored

How about not having to buy health care. How about the right to know about Benghazi or the gun running story.

I'd like you to walk into a government building that needs to see a photo I.D & you tell them you don't have one but just like voting you know your rights and you have the right to walk into that govt. building cause it's really the people's house.

Try something really brave & important instead of bothering cops who just want to do their job & go home.

How about me/YOU not having so much of our money taken away, the right to keep more from our hard work, not given to others that the govt. feels deserve it. Don't we have that right??? There are more important rights that we need than keeping your window half closed.

critical · 08-24-2013, 09:10 PM

Quote:

Originally Posted by DEpointfive0

I guarantee ANY tint on the front window and the two side windows is illegal
Mayyyyybe visor tint is legal, but that's it

Don't make me bust out the code...

V.C 26708

Quote:

(c) Notwithstanding subdivision (a), transparent material may be
installed, affixed, or applied to the topmost portion of the
windshield if the following conditions apply:
(1) The bottom edge of the material is at least 29 inches above
the undepressed driver's seat when measured from a point five inches
in front of the bottom of the backrest with the driver's seat in its
rearmost and lowermost position with the vehicle on a level surface.
(2) The material is not red or amber in color.
(3) There is no opaque lettering on the material and any other
lettering does not affect primary colors or distort vision through
the windshield.
(4) The material does not reflect sunlight or headlight glare into
the eyes of occupants of oncoming or following vehicles to any
greater extent than the windshield without the material.
(d) Notwithstanding subdivision (a), clear, colorless, and
transparent material may be installed, affixed, or applied to the
front side windows, located to the immediate left and right of the
front seat if the following conditions are met:
(1) The material has a minimum visible light transmittance of 88
percent.
(2) The window glazing with the material applied meets all
requirements of Federal Motor Vehicle Safety Standard No. 205 (49
C.F.R. 571.205), including the specified minimum light transmittance
of 70 percent and the abrasion resistance of AS-14 glazing, as
specified in that federal standard.
(3) The material is designed and manufactured to enhance the
ability of the existing window glass to block the sun's harmful
ultraviolet A rays.
(4) The driver has in his or her possession, or within the
vehicle, a certificate signed by the installing company certifying
that the windows with the material installed meet the requirements of
this subdivision and the certificate identifies the installing
company and the material's manufacturer by full name and street
address, or, if the material was installed by the vehicle owner, a
certificate signed by the material's manufacturer certifying that the
windows with the material installed according to manufacturer's
instructions meet the requirements of this subdivision and the
certificate identifies the material's manufacturer by full name and
street address.
(5) If the material described in this subdivision tears or
bubbles, or is otherwise worn to prohibit clear vision, it shall be
removed or replaced.

Visor tint and side window tint ^^^

Quote:

Originally Posted by andre12031948

The last cop determined that you are not worth the time & decided to just let you go so he could get home to his family on time.

Why don't you show us our rights when it comes to the federal government.
Show us something there. We don't even have the right to privacy. Wouldn't surprise me if your phone/computer is monitored

How about not having to buy health care. How about the right to know about Benghazi or the gun running story.

I'd like you to walk into a government building that needs to see a photo I.D & you tell them you don't have one but just like voting you know your rights and you have the right to walk into that govt. building cause it's really the people's house.

Try something really brave & important instead of bothering cops who just want to do their job & go home.

Bothering cops? I'm the one that wants to go about my merry way. I was headed down to get an ice cream cone where I had 4 or 5 cops prodding their way into my car and shining lights on me.

p.s I do the same with border patrol. stop trying to make this political.

andre12031948 · 08-24-2013, 09:22 PM

Quote:

Originally Posted by critical

Don't make me bust out the code...

Bothering cops? I'm the one that wants to go about my merry way. I was headed down to get an ice cream cone where I had 4 or 5 cops prodding their way into my car and shining lights on me.

p.s I do the same with border patrol. stop trying to make this political.

"political" Ye, I don't want no trouble here, so I'll end this with you & your video does not impress me at all.....

critical · 08-24-2013, 09:27 PM

Quote:

Originally Posted by andre12031948

"political" Ye, I don't want no trouble here, so I'll end this with you & your video does not impressive me at all.....

cool dude lol

08-24-2013, 08:10 PM	#3 (permalink)
critical A True Z Fanatic Join Date: Oct 2012 Location: Washington Posts: 1,252 Drives: 09' 370z 7AT Rep Power: 16	They can't search your car if you have tints or are speeding. Also tint can be legal on the front side windows in CA lol DUI check points do not automatically qualify as a probable cause nor do I think they are reasonable. The right to travel is enherit in our country's founding. I rolled the windows up because the cops were coming into the car on both sides without my permission. __________________ Quaife w/ gears \|Stillen Gen 3\|SOLD FI Resonated Test Pipes \|SOLD FI 18'' \| 25row Stillen Race \| Progress 35mm/25mm sways \| Swifts/Koni\|Volk G25's\| Stoptech SS lines\|\|SPL Front/Rear Arms\|

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