DUI Checkpoints?

[KD5NRH]

Shouldn't we include SB298/HB169 (Sobriety checkpoints) among relevant bills? Given the number of "panicky cop" stories of improper and/or unsafe disarm incidents, this is just another thing that will put people in contact with LEOs in a situation that is unnecessary and potentially unsafe.

Besides, the solution to DUI wrecks, as proven here yesterday morning by a repeat offender with a suspended license who led police on a chase until he wrecked out, lies much less in catching more drunks than it does in keeping the ones who have been caught and convicted off the streets.

[seamusTX]

I object to checkpoints on principle. However, this bill does contain a provision that should be reassuring to most honest citizens:

(h)Notwithstanding Section 521.025 or 601.053, Transportation Code, a peace officer may not request a person operating a motor vehicle at the sobriety checkpoint to display the person's driver's license or to furnish evidence of financial responsibility [insurance] unless the officer has reasonable suspicion or probable cause to believe that the person has committed or is committing an offense.

http://www.capitol.state.tx.us/BillLook ... Bill=SB298" onclick="window.open(this.href);return false;

If the officer cannot ask for ID, there is no need to display your CHL, and no way for the officer to know whether you are armed.

It's unfortunate that the Supreme Court has given police a lot of latitude for Terry stops or safety checks, but it is perfectly legal for a CHL holder to be armed or for anyone who is not a prohibited person to carry a concealed handgun or a long gun in a motor vehicle. No offense means no probable cause to search.

- Jim

[Aric]

Wasn't the whole DUI/Insurance checkpoint system thrown out by the state supreme court many years ago when they mandated insurance in Texas.

[seamusTX]

I don't know the history of that.

- Jim

[KD5NRH]

If the officer cannot ask for ID, there is no need to display your CHL, and no way for the officer to know whether you are armed.

Could I interest you in some lovely coastal real estate?

This is about as likely to be abused as lottery proceeds are to go to something other than education.