DUI checkpoint in a school zone

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SeanC
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Re: DUI checkpoint in a school zone

Post by SeanC »

Brian D. wrote:You make a valid legal point but that might not stop the officers from arresting you for failure to obey their order. In a similar vein a few weeks back, police were directing overflow gun show traffic at the Sharonville Convention Center to park on Princeton school district property down the street. Wasn't about to do that so I just left.

Police will ignore laws like that when it seems to suit there purpose.
Ohio law only requires you to obey a lawful order. An order to enter a school zone with a weapon is not a lawful order. They couldn't charge you under the weapons control act. You'd have a defense of entrapment if they tried to get you on possession of a firearm in a school zone.

I always refuse to go to the secondary check, anyway, unless they can tell me about their reasonable suspicion. I'm 100% on them letting the issue drop and sending me away. I guess they figure anyone who says "reasonable suspicion" is probably not intoxicated.
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Re: DUI checkpoint in a school zone

Post by WY_Not »

Dang. You guys have all the fun. I've yet to get snagged in one of these checkpoints. I'd love to go through one and have some fun.
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Re: DUI checkpoint in a school zone

Post by SMMAssociates »

Dunno.... If they knew who Sean was :D....

Back about 1968, give or take, I had a brand new (to me) '67 Ambassador. I ended up in one of those roadside inspection things that OSP was having fun with. Really proud of the thing until the Trooper noticed the license plate light was out....

NBD, really - I had to grab a bulb someplace, change it, and then have a friend (who ran a Texaco station) sign off on the repair.

BTW, IANAL, but I agree with Sean. The Trooper (or other LEO) would likely lose that one, or at least have it bounce on appeal, but it could get expensive. I do worry about it a little, though - one of the ways I get "someplace" involves a narrow road where a School is located and about the only place to pull somebody over. I tend to not attract attention anymore, but....

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Re: DUI checkpoint in a school zone

Post by Javelin Man »

SMMAssociates wrote:Dunno.... If they knew who Sean was :D....

Back about 1968, give or take, I had a brand new (to me) '67 Ambassador. I ended up in one of those roadside inspection things that OSP was having fun with. Really proud of the thing until the Trooper noticed the license plate light was out....

NBD, really - I had to grab a bulb someplace, change it, and then have a friend (who ran a Texaco station) sign off on the repair.

BTW, IANAL, but I agree with Sean. The Trooper (or other LEO) would likely lose that one, or at least have it bounce on appeal, but it could get expensive. I do worry about it a little, though - one of the ways I get "someplace" involves a narrow road where a School is located and about the only place to pull somebody over. I tend to not attract attention anymore, but....

Regards,
So that's why you drive so slow in the left lane, your '67 Ambassador can't keep up with traffic? :lol: I'd laugh louder if I didn't drive a '66 American. :oops: My '73 Javelin can raise some dust though!

Good for the OP in standing his ground and not entering a school zone, hopefully I would keep a clear mind and be able to articulate my argument.
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Re: DUI checkpoint in a school zone

Post by gaptrick »

SeanC wrote:
Brian D. wrote:You make a valid legal point but that might not stop the officers from arresting you for failure to obey their order. In a similar vein a few weeks back, police were directing overflow gun show traffic at the Sharonville Convention Center to park on Princeton school district property down the street. Wasn't about to do that so I just left.

Police will ignore laws like that when it seems to suit there purpose.
Ohio law only requires you to obey a lawful order. An order to enter a school zone with a weapon is not a lawful order. They couldn't charge you under the weapons control act. You'd have a defense of entrapment if they tried to get you on possession of a firearm in a school zone.

I always refuse to go to the secondary check, anyway, unless they can tell me about their reasonable suspicion. I'm 100% on them letting the issue drop and sending me away. I guess they figure anyone who says "reasonable suspicion" is probably not intoxicated.

Unless they make you say it 3 times real fast...!
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Re: DUI checkpoint in a school zone

Post by schmieg »

Javelin Man wrote: So that's why you drive so slow in the left lane, your '67 Ambassador can't keep up with traffic? :lol: I'd laugh louder if I didn't drive a '66 American. :oops: My '73 Javelin can raise some dust though!

Good for the OP in standing his ground and not entering a school zone, hopefully I would keep a clear mind and be able to articulate my argument.
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Re: DUI checkpoint in a school zone

Post by Javelin Man »

schmieg wrote:
Javelin Man wrote: So that's why you drive so slow in the left lane, your '67 Ambassador can't keep up with traffic? :lol: I'd laugh louder if I didn't drive a '66 American. :oops: My '73 Javelin can raise some dust though!

Good for the OP in standing his ground and not entering a school zone, hopefully I would keep a clear mind and be able to articulate my argument.
You're thinking of Carmen. Carmen is older than Stu (yes, it is possible).
:oops: Doh! You're right, I'm sorry. This is like the difference between Noah and Moses, or at least the same age difference. :P Except Noah had the whole highway to himself after raining 40 day and nights.
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bruh bruh is slang for "complete and total moron" -sodbuster95

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1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
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Re: DUI checkpoint in a school zone

Post by Jakor »

I had quite the opposite experience once. I was traveling on a rural highway when I got a flat and the only place to pull over was a high school parking lot. Mind you it was 430 A.M. So, I pulled over and went to work changing the tire. I had left my door open and when the OSHP trooper pulled in behind me, he could see my Glock in the door compartment. He sort of gestured at it with he head and I apologized, pointed out my predicament, and he simply said "Change the tire and get on out of here". That was the last time I dealt with a reasonable Statie, however.
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Re: DUI checkpoint in a school zone

Post by Brian D. »

Jakor, I'd say you caught a break that morning, flat tire notwithstanding. Also not a good thing to have the gun unsecured and more than a step or two away from you. A guy on BFA's forums had his gun swiped off his SUV's front seat at a car wash in suburban Columbus. He was a few steps away, or digging around in the rear cargo area, temporarily distracted in some manner like that, as memory serves. Bad stuff happens real fast it seems like, especially in the big city.
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Re: DUI checkpoint in a school zone

Post by R1CUSTOM »

It is not a crime to drive into a schools property with a CHL and a gun...get out of your car. yes...but you can drive all over school property armed. So you DID disobey a lawful order to begin with
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Re: DUI checkpoint in a school zone

Post by JustaShooter »

R1CUSTOM wrote:It is not a crime to drive into a schools property with a CHL and a gun...get out of your car. yes...but you can drive all over school property armed. So you DID disobey a lawful order to begin with
No, you cannot "drive all over school property armed" *unless* you are "immediately in the process of picking up or dropping off a child". See ORC 2923.122 (D) (4):

http://codes.ohio.gov/orc/2923.122" onclick="window.open(this.href);return false;
(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:

(a) The person is carrying a valid concealed handgun license.

(b) The person is the driver or passenger in a motor vehicle and is in the school safety zone while immediately in the process of picking up or dropping off a child.

(c) The person is not in violation of section 2923.16 of the Revised Code.
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Re: DUI checkpoint in a school zone

Post by MyWifeSaidYes »

R1CUSTOM wrote:It is not a crime to drive into a schools property with a CHL and a gun...get out of your car. yes...but you can drive all over school property armed...
Wow.

And this from the guy who wonders why I make replies "with attitude"?
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Re: DUI checkpoint in a school zone

Post by Kenosis »

NS218 wrote:Last night there was a DUI checkpoint in Gahanna in front of the High School, and after notifying the deputy I have a concealed carry license and I'm armed, they decided to pick me to actually pull into the school parking lot for a more thorough check. I refused to do that, and asked why they are trying to force me to commit a felony, pulling onto school grounds with a gun. After arguing a bit and causing traffic to back up, they let me go. I never went through a checkpoint before, but is it common to set one up in front of a school and to actually use the school grounds?
They can't charge you for carrying on the school property if they ordered you there. That's entrapment.
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Re: DUI checkpoint in a school zone

Post by MyWifeSaidYes »

Kenosis wrote:They can't charge you for carrying on the school property if they ordered you there. That's entrapment.
There are numerous cops running these checkpoints, so you'll have to be sure of which cop ordered you there.
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