Indiana DUI Checkpoint Refusal Info

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  • Brodysho

    Plinker
    Rating - 0%
    0   0   0
    Dec 15, 2018
    9
    1
    La Porte
    Hello all. As I'm sure most of you aware, DUI checkpoints were found constitutional by both the SCOTUS and Indiana Supreme Court. See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990); and State v. Garcia, 500 N.E.2d 159 (Ind. 1986). However, I'm also confident that most of you are aware that some cops like to take their police powers a little too far. Nevertheless, there are ways to flex your rights should the time arise.

    First, a disclaimer: I am not a lawyer and this should not be taken as legal advice. Also, DON'T drink and drive. Phone a friend, get an Uber or Lyft, or have a designated sober driver. This post is not aimed at provided intoxicated drivers an escape route. I know I am not the only one to have seen the effects of drunk driving first hand. However, as a volunteer firefighter, drunk driving accidents are some of the most gruesome accidents I have responded to. Rather, this post is for those who wish to exercise their constitutional rights such as the right against unreasonable search and seizures. All it takes is a cop to say they smelled -insert here- and, before you know it, you are handcuffed on the side of the road, helpless, as the police rifle through your vehicle indiscriminately.

    Second, DUI checkpoints are normally avoidable because they are published ahead of their scheduled time in order to notify the public. Prevention should always be the first choice and it is best to avoid them altogether if you can. There is no formula for police confrontations and YMMV. Always have a lawyer's number handy and seek their advice.

    Finally, the police procedure is bound by statute as to how they are supposed to proceed. The folks at Fairdui.org have generated a convenient flyer to hang outside your window in a plastic baggy based on Indiana laws. Inside the baggy, your license, registration, and this flyer are placed inside for the police to read without you having to open your window or communicate. I suggest that you read the webpage's explanations on handling the confrontations and do your own research before attempting their advice.

    Drink responsibly, be safe, and know your rights.
     

    Hop

    Grandmaster
    Site Supporter
    Rating - 100%
    16   0   0
    Jan 21, 2008
    5,084
    83
    Indy
    When ordered out of the car & to stand on one foot then do somersaults down the dotted line say "I'm not your circus pony!". That's always worked well for me.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,614
    149
    Valparaiso
    You guys just don't get it.

    I can't think of anything a perfectly sober, law-abiding citizen should do more than taping a Ziploc to their window with a sign that says: "I REMAIN SILENT, I WANT MY LAWYER, NO SEARCHES" and pressing his drivers license against the glass while refusing to roll down the window.

    There is no better way for Mr. Tea-Totaler to be on his way quickly with no hassle than that.
     

    printcraft

    INGO Clown
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    16   0   0
    Feb 14, 2008
    38,993
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    Uranus
    You guys just don't get it.

    I can't think of anything a perfectly sober, law-abiding citizen should do more than taping a Ziploc to their window with a sign that says: "I REMAIN SILENT, I WANT MY LAWYER, NO SEARCHES" and pressing his drivers license against the glass while refusing to roll down the window.

    There is no better way for Mr. Tea-Totaler to be on his way quickly with no hassle than that.


    :sheep:
     

    ghuns

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 22, 2011
    9,308
    113
    You guys just don't get it.

    I can't think of anything a perfectly sober, law-abiding citizen should do more than taping a Ziploc to their window with a sign that says: "I REMAIN SILENT, I WANT MY LAWYER, NO SEARCHES" and pressing his drivers license against the glass while refusing to roll down the window...

    I've seen a similar scenario play out numerous times on my new favorite show, Live PD.

    In the end, the driver generally gets their window opened from the outside and is often removed from the car via that window opening.

    Makes for great TV.:popcorn:
     

    Route 45

    Grandmaster
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    92   0   0
    Dec 5, 2015
    14,884
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    Indy
    detained.gif
     

    OakRiver

    Grandmaster
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    0   0   0
    Aug 12, 2014
    15,013
    77
    IN
    This is great advice. Please do this. I haven't seen any good, new sovereign citizen videos with someone getting dragged out of a car.
     

    miguel

    Grandmaster
    Rating - 100%
    12   0   0
    Oct 24, 2008
    6,614
    113
    16T
    Act like Foster Brooks. Then, when they make you blow, you'll have a 0.00% and you can laugh your ass off that they have wasted time on you.
     

    Libertarian01

    Grandmaster
    Site Supporter
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    3   0   0
    Jan 12, 2009
    6,006
    113
    Fort Wayne
    You guys just don't get it.

    I can't think of anything a perfectly sober, law-abiding citizen should do more than taping a Ziploc to their window with a sign that says: "I REMAIN SILENT, I WANT MY LAWYER, NO SEARCHES" and pressing his drivers license against the glass while refusing to roll down the window.

    There is no better way for Mr. Tea-Totaler to be on his way quickly with no hassle than that.

    [video=youtube;h3wVPBLb2oY]https://www.youtube.com/watch?v=h3wVPBLb2oY[/video]
     

    Dead Duck

    Grandmaster
    Rating - 100%
    53   0   0
    Apr 1, 2011
    14,062
    113
    .
    Last I checked, checkpoints work..... or they wouldn't bother doing them.

    I hear that Indiana checkpoints can be super boring. The ones in Southern CA are entertaining as all hell. My cop friend in Orange County would tell us where they'd set up and sometimes we would park in an adjacent lot and pitch beach chairs up on the side to watch while drinking our root BEERS. It was non stop crazy especially on holiday weekends.

    The "am I being detained" guys were very dramatic and guess what, most had something to hide and got hooked up. Weird.

    I think I've read somewhere - Don't be a Dick.
     
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