DUI checkpoint Notification A-

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techguy85
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DUI checkpoint Notification A-

Post by techguy85 »

On our way home from dinner tonight, got caught up in the checkpoint north of 270 on Sawmill.

Sherriff deputy 1: We are with FCSO doing a DUI…
Me: Excuse me officer… I’m required to inform you that I have a concealed Carry License and I have a Firearm in the vehicle…
Him: Do you have your firearm permit on you?
Me: yes, sir…
Him: we’re going to check you guys anyway, pull all the way up to the front; make sure you tell the officer up there…
Me: Yes sir.
Deputy 2: Good evening…
Me: Excuse me officer, I am required to inform you that I have a Concealed Carry License and I have a firearm in the vehicle.
Him: Where is it?
Me: On my right hip.
Him: where is your ID?
Me: in my back right pocket.
Him: Okay really slow, go ahead and get it out for me. (to the officer on the other side of the car) He’s just reaching for his ID.
(We hand over our licenses and he looks them over and hands them back.)
Deputy 3: (on the passenger side) Sir, you don’t need to hold your hands up like that, you can do whatever you want with them.
(Me thinking to myself I’m doing this to obey the law and as much for my own safety as your comfort.)

All of the above brought to you by Ohio’s senseless and unnecessary notification requirement inserted into our Concealed Carry statute as a poison pill in order to make our lives more difficult.
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sd790
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Re: DUI checkpoint Notification A-

Post by sd790 »

Why did he ask for id? Did he request your CHL or Driver License (or both)?

In Ohio, in this situation with a DUI checkpoint, is it a requirement to provide ID when asked? What happens if a person refuses to provide ID?

For those with CHL's, I assume that this request would be "any reasonable request" of a LEO, therefore we cannot lawfully refuse.
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Chuck
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Re: DUI checkpoint Notification A-

Post by Chuck »

The law says if you carry, you must have ID in addition to your CHL
Once you notify the officer you are packing, he has the right to see if you are following the law by asking for ID.

The whole DUI checkpoint thing should have our founding fathers spinning in their graves,,,,
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techguy85
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Re: DUI checkpoint Notification A-

Post by techguy85 »

He wanted the driver's operating license and also wanted my CHL. My photo is a bit worn on my CHL so I always hand over my ID as well.
As for refusing, since you are only exempt from 2923.12 and 2923.16 if you have a CHL, it isn't worth getting arrested to try refusing.
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Re: DUI checkpoint Notification A-

Post by Tweed Ring »

I believe such checkpoints are unconstitutional.
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Re: DUI checkpoint Notification A-

Post by Javelin Man »

I almost got caught in a UVI checkpoint last week coming out of the high school football game as I was driving the truck pulling the instrument trailer. We saw lights up ahead past the intersection so I went to the left lane and the bus driver saw that so she also turned left and we missed the whole dog and pony show. She thanked me when we got back to school and my band kids got off the bus.

She would've been waved through but they wouldn't have looked at the side of the trailer showing marching band, they would've seen just a large trailer coming from the car races and I would've been pulled over for everything making me late with the key to get back inside the school. Completely unnecessary and I'm glad we had another path back to the school.
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fisher
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Re: DUI checkpoint Notification A-

Post by fisher »

So why did you have to go to secondary? I thought they only made you pull over if they suspected you of something. I have rolled through DUI checkpoints a few times, and they just asked a few questions and I rolled through. What did you have to do in secondary?
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Re: DUI checkpoint Notification A-

Post by justherenow »

fisher wrote:So why did you have to go to secondary? I thought they only made you pull over if they suspected you of something. I have rolled through DUI checkpoints a few times, and they just asked a few questions and I rolled through. What did you have to do in secondary?

They are suppose to have a system, say every 5th car or randomly select who they are going to send to secondary unless they have any indicators when they talk to you. I do not believe these should be legal, last one I went through I was unarmed and anytime they asked me a question, which was about 5 or 6, I told them I refused to answer their questions and when he asked why, I just told him its my right not to and I choose to exercise it. I was then sent on my way with no issues. If I was carrying, I maybe a bit more willing since I do not want them thinking I am an angry gun owner.
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fisher
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Re: DUI checkpoint Notification A-

Post by fisher »

The one that I went through stopped every vehicle for questions. Both directions of the road too, so I ended up getting stopped twice at the same checkpoint that evening.
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Re: DUI checkpoint Notification A-

Post by tOSU »

I got stopped a while back at one of these, cop asks for ID. Goes to back of vehicle & comes back and tells me that I have to notify even if I don't have a weapon on me. I should have got his name & called his Supervisor but I was in a hurry and didnt want the hassle.
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Re: DUI checkpoint Notification A-

Post by SeanC »

fisher wrote:So why did you have to go to secondary? I thought they only made you pull over if they suspected you of something. I have rolled through DUI checkpoints a few times, and they just asked a few questions and I rolled through. What did you have to do in secondary?
You can decline to go to the secondary checkpoint, and the officers can't (legally) compel you to do so unless you are within the pre-established criteria, such as every 20th car, or there is reasonable suspicion of an offense. Interesting dichotomy with the CHL, though, as you're obligated to comply with all lawful orders during a stop for a law enforcement purpose. Probably a good idea not to get into a debate with the cops about whether you have to go to the secondary checkpoint.

Incidentally, you can turn around and avoid the checkpoint if you don't want to go through it. That's what I usually do. And no, the police can't develop reasonable suspicion to stop your car based on your refusal to go through the checkpoint.
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Re: DUI checkpoint Notification A-

Post by phillip »

SeanC wrote:
fisher wrote:Incidentally, you can turn around and avoid the checkpoint if you don't want to go through it. That's what I usually do. And no, the police can't develop reasonable suspicion to stop your car based on your refusal to go through the checkpoint.
Every report I have ever heard of someone turning around in sight of the check point resulted in a cop chasing them and pulling them over and them being given a real hard time with assumption that turning around was proof they were guilty of something.

I realize you are a seasoned lawyer, but what about the rest of us who will get chased down like criminals? Any words of advice for us how to handle this obvious travesty of justice?
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Re: DUI checkpoint Notification A-

Post by wkdravenna »

He is a Lawyer, he isn't your lawyer. Hes not telling you to do anything. Hes just making casual observations. 8)
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Re: DUI checkpoint Notification A-

Post by JediSkipdogg »

phillip wrote:
SeanC wrote:
fisher wrote:Incidentally, you can turn around and avoid the checkpoint if you don't want to go through it. That's what I usually do. And no, the police can't develop reasonable suspicion to stop your car based on your refusal to go through the checkpoint.
Every report I have ever heard of someone turning around in sight of the check point resulted in a cop chasing them and pulling them over and them being given a real hard time with assumption that turning around was proof they were guilty of something.

I realize you are a seasoned lawyer, but what about the rest of us who will get chased down like criminals? Any words of advice for us how to handle this obvious travesty of justice?
And that's true because generally YOU WILL make a minor violation that gives them probable cause to pull you over. There's really no advice besides either go through, turn around and drive the best you can, or read the news daily and avoid the area altogether.
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Re: DUI checkpoint Notification A-

Post by dcludwig »

wkdravenna wrote:He is a Lawyer, he isn't your lawyer. Hes not telling you to do anything. Hes just making casual observations. 8)
SeanC wrote:
Incidentally, you can turn around and avoid the checkpoint if you don't want to go through it. That's what I usually do. And no, the police can't develop reasonable suspicion to stop your car based on your refusal to go through the checkpoint.
No, Sean was not telling everyone to do that, but I think is implying that option is available to everyone. And, I too was under the impression that they had vehicles waiting to go after anyone who did turn around before the checkpoint. It wouldn't seem that they had RAS to go after you just because you chose not to wait in line. If I was called out for work at 1:30AM and saw a checkpoint with 15 cars backed up, I'd rather turn around and take an alternate route, as usually when I was called out telecomm traffic was down or the fiber was endangered. (Still so thankful I don't have to worry about middle of the night call-outs anymore) Never been through a check-point myself (knocking on wood).
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