The New “Highway Robbery”: Money-Making DUI Roadblocks Growing

Maricopa County Courts ^ | February 14, 2010 | Lawrence Taylor

[granite]

I’ve commented repeatedly in the past about how DUI roadblocks (MADD prefers the less oppressive term "sobriety checkpoints") are inefficient at apprehending drunk drivers. See Do DUI Roadblocks Work?, Do DUI Roadblocks Work (Part II), As a means of apprehending drunk drivers, even law enforcement admits they are only effective as a deterrent — i.e., keeping people off the streets. See DUI Logic: Roadblocks Effective – Because They’re Inefective, Purpose of DUI Roadblocks: "Shock and Awe".

So why are cops using more and more DUI roadblocks? Simple: They are goldmines. See DUI: Government’s Cash Cow, What if the Cash Cow Goes Dry? and How to Make a Million in the DUI Business.

A quick refresher:

1. It is illegal to stop a citizen without probable cause to believe they have violated the law.

2. A roadblock constitutes a stop without probable cause.

3. The US. Supreme Court ruled in Michigan v. Sitz that although a DUI roadblock does constitute a violation of the Fourth Amendment, the governmentalal interest in reducing drunk driving fatalities outweighs the "minimal intrusion" into a citizen’s constitutional rights.

4. Under the decision, roadblocks can only be for the purpose of arresting drunk drivers. However, as with any investigative detention, if the officer finds other violations of law during the roadblock stop, he does not have to ignore them.

So…A cop can’t stop you to check for registration or license, possible equipment violations, open containers, seat belt checks, etc. But if they throw up a DUI roadblock, they can screen hundreds of drivers for anything they can find. Result: citations, arrests, impounded vehicles — and an invaluable source of revenue for local governments. See, for example, DUI Roadblock: 1131 Stops, 114 Tickets, 0 DUI Arrests, Another "Successful" DUI Roadblock: 3000 Drivers Stopped, 0 DUIs.
The following is a story from yesterday’s news by investigative reporter Ryan Gabrielson, winner of the 2009 Pulitzer Prize for local reporting:
 

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California Cops Exploit DUI Checkpoints to
Bring in Money for Cities, Police

California police are turning DUI checkpoints into profitable operations that are far more likely to seize cars from unlicensed minority motorists than catch drunken drivers.

Berkeley, CA. Feb. 13 – An investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines – revenue that cities divide with towing firms.

Additionally, police officers received about $30 million in overtime pay for the DUI crackdowns, funded by the California Office of Traffic Safety…
In the course of its examination, the Investigative Reporting Program reviewed hundreds of pages of city financial records and police reports, and analyzed data documenting the results from every checkpoint that received state funding during the past two years. Among the findings:

• Sobriety checkpoints frequently screen traffic within, or near, Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations. In South Gate, a Los Angeles County city where Hispanics make up 92 percent of the population, police confiscated an average of 86 vehicles per operation last fiscal year.

• The seizures appear to defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across the state have ratcheted up vehicle seizures. Last year, officers impounded more than 24,000 cars and trucks at checkpoints. That total is roughly seven times higher than the 3,200 drunken driving arrests at roadway operations. The percentage of vehicle seizures has increased 53 percent statewide compared to 2007.

• Departments frequently overstaff checkpoints with officers, all earning overtime. The Moreno Valley Police Department in Riverside County averaged 38 officers at each operation last year, six times more than federal guidelines say is required. Nearly 50 other local police and sheriff’s departments averaged 20 or more officers per checkpoint – operations that averaged three DUI arrests a night…
With support from groups such as Mothers Against Drunk Driving, California more than doubled its use of sobriety checkpoints the past three years.

State officials have declared that 2010 will be the “year of the checkpoint.” Police are scheduling 2,500 of the operations in every region of California. Some departments have begun to broaden the definition of sobriety checkpoints to include checking for unlicensed drivers…

It’s probably just a coincidence that California, on the verge of bankruptcy, has decided to make this the "year of the checkpoint".

(Thanks to David Baker.)

[longtermmemmory]

There is a 25% falure rate of teh roadside exercises. (you can’t call them tests) The horozontal gaze nystagmus is routinely striken and excluded from evidence because it is so easily manipulated. Open air “sensors” are easily confused with diesel fumes and other solvents. (ie new car smells)

DUI is a HUGE money maker.

also the stop has to be posted and if you see the stop and u turn and drive away the police have chase vehicles to catch you.

[robomatik]

one @sshole cop in the town of higginsport, ohio, would pull EVERYONE over at night (even locals). the expression, "don't shiite where you eat," comes to mind.

that cop was fired and run out of town.

but, i'm sure he brought in a lot of funds in the interim. ;)

[microgood]

The US. Supreme Court ruled (your state) that seizing all private firearms does constitute a violation of the second a,endment, the governmental interest in reducing accidental shootings outweighs the “minimal intrusion” into a citizen’s constitutional rights.

That certainly is an extension of their logic.

[goseminoles]

As part of the DUI sentence in Florida, one must pay someone to put a steering wheel lock on the car for a “vehicle impoundment”. This along with DUI School, Victim Awareness panel, probation, loss of license, alco checks, drug tests, attorney fees, increased insurance, and court costs and fines.

[RobRoy]

>>Cabs are cheaper than DUI.<<

If only this was about DUI.

It isn’t.

[jiminycricket000]

"Are there any instances of innocent and totally sober people failing these tests and having property taken? Not playing devil's advocate here, just curious."

It wouldn't be surprising if it did happen, would it?

I was stopped at one of these 'sobriety checkpoints' in Mass, and it truly is an affront to everything I was raised to believe as an American. It was hard to take while holding my tongue. The state police had their checkpoint, swarming with cops, as though they were looking for a high ranking terrorist, or whatever. They slowed traffic to a grinding trickle. When it was my turn to be interrogated by the trooper, I rolled my window down and this man who gets paid to "protect and serve" me, stuck his face into the car, inches from my own, and asked be if I'd been drinking, etc, etc. This "protector and server" of the citizenry then smelled my breath as I answered his Inquisition. "Have you been drinking tonight sir? "No". "Where you coming from sir"? I didn't reply to this. His face was so close to mine that I thought maybe he was a homosexual looking for a date. I looked to my right, saw a least five troopers standing around wasting our tax dollars, and there was some sort of a "sobriety trailor" they had set up to take people inside and test them if they failed the 'smell test'.

Is this the American way of our fathers and forefathers? Is this the type of government the Founders instituted? Is this the sort of activity that my father fought for in WWII, or that I fought for in VN? Or that our troops fight for today in Iraq and Afghanistan? We all know the answer to this is "no", yet we continue to lose our freedoms faster than Barney Frank can drop his trousers in the corner of some smelly men's room.

[goseminoles]

Oh, if the judge really doesn’t like someone, he can order the Interlock device or put a unit on the ankle to detect if alcohol is consumed.

[Grunthor]

“The New “Highway Robbery”: Money-Making DUI Roadblocks Growing”

While I don’t care for police roadblocks (slows down traffic) has anybody ever tried....oh, I dunno, NOT drinking and driving?

[stubernx98]

How long before police are on commission? Or are they already.

[screaminsunshine]

I know. They can get almost any car for something..$$$$

[dalereed]

I hope they set them up every day and night.

I don’t personally give a damn about drunks but they catch the illegals and those without licenses and insurance!!!

[RobRoy]

>>also the stop has to be posted and if you see the stop and u turn and drive away the police have chase vehicles to catch you.<<

I’d love to try that. I mean, make a LEGAL U turn of some sort.

There is a traffic light camera I go through every tuesday after band practice. I can get it to flash me every week by simply pulling up to the light and stopping at the last minute, without actually barking my tires. What I do is completely legal. I am not speeding, I fully stop, my seat belt is on, etc.

If they did “chase” me I would say I “forgot” something and ask them if I am free to go. If not, I would ask them why I am being stopped. I would then say that I have to be somewhere and am I free to go. Etc.

This is because I would not have alcohol in my system, my car is completely legal (there would be no obvious excuse to write a ticket for anything), and I would effectively remove one of the cops from the checkpoint for an extended period.

Passive resistance.

[goseminoles]

Wow!!! That’s american!! /s

Should we set them up everyday so everyone has to “check in with the man” before and after work?
Or maybe on all the highways every 10 miles so their dogs can do a “sniff”?

No No No!!!!

[Star Traveler]

Ahhhh... everyone gets a cut of the action there... what a deal! LOL...

[RobRoy]

>>While I don’t care for police roadblocks (slows down traffic) has anybody ever tried....oh, I dunno, NOT drinking and driving?<<

This is about exactly those people - the ones that don’t drink, but get pulled over anyway.

You’re missing the whole point.

[absolootezer0]

The US. Supreme Court ruled in Michigan v. Sitz that although a DUI roadblock does constitute a violation of the Fourth Amendment, the governmentalal interest in reducing drunk driving fatalities outweighs the "minimal intrusion" into a citizen’s constitutional rights.

while MI says that its basically ok to stop a driver for no reason but under the guise of "sobriety testing", you can't stop a pedestrian on "suspicion" of public intoxication.
is that maybe because the state doesn't make any money from drunk pedestrians- unless they get injured/ killed?

[RebelTXRose]

Later, in the courtroom:

Officer, what was your probable cause to stop Mr. X that night?

You mean that Mr. X did NOTHING to arouse your suspicion and you STOPPED him anyway?

[rickomatic]

Would the tactics used by some at the illegal immigration checkpoints work here? There are some very interesting videos on YouTube showing just how little “legal” authority law enforcement has at these. Basically keep asking if you are being detained, and are you free to go?

[jiggyboy]

I see three to four times as many CHP cars on the major highways this year as I ever have. Many days I see one waiting in ambush, dealing with a “customer”, in pursuit of one with lights on, or in traffic every ten miles/minutes or less for the better part of an hour.

[goseminoles]

Well, to be perfectly honest that was me two years ago.

Now, I’m on my way to go get my gun, knives, ammo, etc that was imponded by the Sheriff when I got the DUI. It will be interesting if they give me back my stuff. My gun was legally in my center console and the rest was in the trunk. The impoundment had nothing to do with the DUI per se.

Ill know in about a half hour if they return my property. Any bets as to the outcome?