DWI questions for DA

[charlie12]

They put up traffic control and warning signs and once you enter you must go through the check point. If you attempt to avoid the check point you will be stopped and cited for disobeying a lawful traffic control checkpoint. You can look it up.

The last couple checkpoints that I've seen in Walker were at the old Winn Dixie. They put units at the three road leading off 447 down to I-12 so you couldn't turn off.

 

[charlie12]

Yes, they are. You need none. the checkpoint itself is authorized by law.

Here is the one for seatbelts:

295.4. Guidelines for seat belt and motor vehicle liability security checkpoints; law enforcement agencies

All law enforcement agencies involved in traffic enforcement shall establish guidelines for the operation of seat belt checkpoints and proof of compulsory motor vehicle liability security checkpoints. Such guidelines shall include but not be limited to the following provisions:

(1) The location, time, and duration for seat belt and compulsory motor vehicle liability security checkpoints shall be established in written form by supervisory or other administrative personnel of the law enforcement agency rather than the field officers implementing the checkpoint.

(2) Provision for advance warning to the approaching motorists with signs, flares, and other indications to warn motorists of an impending stop and to provide indication of its official nature as a police checkpoint.

(3) Provisions to ensure detention of motorists for a minimal length of time.

(4) The use of a systematic, nonrandom criteria for stopping motorists.

Acts 2003, No. 374, §1.

I've been though many seatbelt checkpoints and there have never been a sign or anything telling you of a impending stop. Why not?

 

[Nolacopusmc]

I've been though many seatbelt checkpoints and there have never been a sign or anything telling you of a impending stop. Why not?

 

[Nolacopusmc]

I thought the topic was Ask a DA not Ask Nolacop. It would be interesting to hear if the DAs reply to these questions would be any different.

Hey smartass, these questions were answered by the DA

 

[charlie12]

Don't understand the answer.

 

[Nolacopusmc]

I've been though many seatbelt checkpoints and there have never been a sign or anything telling you of a impending stop. Why not?

How in the hell do I know why not?

Maybe they weren't doing it right?

Maybe it wasn't technically a checkpoint.

I used to stand at nd in a busy intersection and pull people over all day for no seatbelt. that was not a checkpoint. A checkpoint is when you are randomly pulling people over to see if the have a violation. If you are at a choke point pulling people over who you see are in violation, that is not a checkpoint.

 

[aroundlsu]

Do you think you have to immediately inform the officer at a checkpoint that you have a CCW? Even you are not in violation of anything and about to be waved through?

 

[sksshooter]

so if i get drunk and ride my fourwheeler around my yard or cut my grass i can get a dwi in my own yard?

 

[LMC]

So if I'm cutting my grass on my property a police officer can pull in my driveway and charge me with DWI ?

 

[Nolacopusmc]

So if I'm cutting my grass on my property a police officer can pull in my driveway and charge me with DWI ?

Why that is ridiculous, and you probably know it, if you are doing so in a reckless manner and it is a riding lawnmower, yes he can.

How likely is that to happen, not very much. Most of the lawn mower arrests are for repeat offenders who have had their license and vehicle seized and the lawnmower is all they have.

 

[JBP55]

Not a horse, because it has a mind of it's own. However, bike, lawn mower, skateboard, scooter, etc.

Yes horses do apply as a means of conveyance. I have seen DWI,s issued to drunks on horseback on a city street.

 

[Nolacopusmc]

so if i get drunk and ride my fourwheeler around my yard or cut my grass i can get a dwi in my own yard?

yes

 

[Nolacopusmc]

Yes horses do apply as a means of conveyance. I have seen DWI,s issued to drunks on horseback on a city street.

did they get convicted?

 

[charlie12]

How in the hell do I know why not?

Maybe they weren't doing it right?

Maybe it wasn't technically a checkpoint.

I used to stand at nd in a busy intersection and pull people over all day for no seatbelt. that was not a checkpoint. A checkpoint is when you are randomly pulling people over to see if the have a violation. If you are at a choke point pulling people over who you see are in violation, that is not a checkpoint.

All the ones I've been in were LSP. They would stand in the middle of the road and check everybody that was coming though.

They must have been using this part of your answer. "Maybe it wasn't technically a checkpoint." So it was a check point but not a check point.

They used to be in Port Vincent almost every weekend morning on 42 when you turn off 16. My girlfriend was delivering newspapers and went though the non checkpoint one of the Troopers told her to put her seatbelt on. She did and then told him she was delivering the newspaper and she was exempt while delivering the paper. He told her there were no exemptions.
The next weekend she had the RS printed out for him but he had found out what the law was by then.

 

[JBP55]

Motor Vehicle, Aircraft, Watercraft, Vessel or OTHER means of conveyance. Other includes horses.

 

[Nolacopusmc]

All the ones I've been in were LSP. They would stand in the middle of the road and check everybody that was coming though.

They must have been using this part of your answer. "Maybe it wasn't technically a checkpoint." So it was a check point but not a check point.

They used to be in Port Vincent almost every weekend morning on 42 when you turn off 16. My girlfriend was delivering newspapers and went though the non checkpoint one of the Troopers told her to put her seatbelt on. She did and then told him she was delivering the newspaper and she was exempt while delivering the paper. He told her there were no exemptions.
The next weekend she had the RS printed out for him but he had found out what the law was by then.

Yeah, they do this about twice a week under the tracks on Central in Jefferson. That is not a checkpoint.


Seatbelt checkpoints are stupid, because unless your head is really far up your assss, then you will see the signs and put it on. If you do not have insurance or are drunk, not a whole lot you can do about it at that point.

 

[Nolacopusmc]

Motor Vehicle, Aircraft, Watercraft, Vessel or OTHER means of conveyance. Other includes horses.

Again....were they convicted. I can arrest anyone for anything, that does not mean it is illegal.


Horse will be real hard to prove. Not saying it will not happen in PPoo-dunk, but in larger areas, that will not happen. ANy defense attorny will get the PC for the "stop" ? thrown out.

 

[Gumbo]

I would like some clarification on the horse issue, because it's obviously unclear.

 

[JBP55]

Many guilty people go to court with a great attorney and walk. Not everyone who commits a crime and goes to court is convicted. You will learn that in your DWI class.

 

[charlie12]

Well Toby Keith said "beer for my horse's" So if the horse is drunk and the rider is not, do you get the DWI?