DUI Checkpoint in West Virginia - man groped!

I recently blogged on one Washington legislator's attempt to re-address DUI Checkpoints in Washington State.  The Supreme Court of Washington had already addressed this proposition in State v. Messiani, wherein the court held such DUI Checkpoints were too invasive given our extensive securities and right to privacy under the Fourth Amendment and Washington State Constitution's Article I Section 7 (where there is more privacy afforded individuals in Washington).

I always find it interesting that other state allow such checkpoints when all they do is give reason to cops to unlawfully search you and your vehicle, whether you have been drinking or not.  Take for example what happened to a West Virginia resident.  He was stopped with his wife at a "DUI Checkpoint" and asked to exit the vehicle.  The officer never even asked him if he had been drinking, according to the lawsuit filed by the gentlemen.  He alleges the officer searched him for weapons after he informed the officer he was legally carrying a firearm, permit and all.  He says the officer groped his personal region (aka testicles) after the gun had been retrieved.  Now, why if this man had not been asked if he had been drinking was he subject to exiting his vehicle and a search?  There is no reason other than intrusive governmental authority.  See the details here: Lawsuit claims man groped at DUI checkpoint. 

You can also search the vast videos on youtube of persons legally exercising their rights at these DUI checkpoints only to face governmental abuse.  In a word DUI checkpoints are a "bad" idea!  Yes, you may find a drunk or two, but you will far exceed the benefits of these checkpoints by offending and invading the privacy of countless citizens who have done nothing wrong.

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About the author:

Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com. 

DUI Checkpoints in Washington? Supreme Court has always said no, but push to change that!

Legislator calls for DUI checkpoints.  Even though the Washington Supreme Court finds such checkpoints too invasive upon citizens, this particular legislator wants to overlook that and put it to a vote.  Essentially every time a legislator wants to make a name for his or herself, they promote a hot topic issue which has already been decided.  It is the squeaky wheel gets the oil mentality.  Basically they say to their constituents, "I will carry on about an issue until I get my way despite the constitutional precedent."
Here is an excerpt from King5.com reporting on the issue:

Last week, a Port Orchard man was arrested for drunk driving for the 13th time. It's a shocking case for many of us, but not for state Representative Roger Goodman. While he says this case is an example of the extreme, he believes the state needs to do a much better job tracking repeat drunk drivers and pushing for tougher drunk driving laws. The Democrat from Kirkland pushed hard last session to increase penalties and toughen the state's drunk driving laws. Goodman plans to continue that when the Legislature gets together in January. One of the proposals he will be introducing is the creation of sobriety checkpoints. They would require every driver to stop and be checked for alcohol, "To set up a system in known corridors, mostly on Friday and Saturday nights, we would have law enforcement pulling people over." Right now, these checkpoints aren't allowed under the Washington Constitution. "Our courts in Washington have prohibited these sobriety checkpoints where law enforcement would pull over law abiding people as well drunk drivers," said Goodman. "That's considered too much of an invasion of privacy."

Now all you have to do is a search engine inquiry for "Washington DUI checkpoints" to see that legislators always promote something like this in an attempt to further their career (DUI Checkpoint - Typical Cop Reaction!).  The Washington Supreme Court has already ruled on this issue and bringing it up over and again is not how you "get your way," it is a juvenile tactic.  Don't get me wrong, I don't condone impaired driving, but DUI checkpoints invade an individual's privacy and there is no study which relates DUI checkpoints to reduction of DUIs.
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About the author:

Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (10.0 out of 10.0) by Avvo.com.

DUI Checkpoints - How Cops Take Advantage!