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tito123

Registered: 01/23/10
Posts: 3,006
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I was pulled over for turning around before a DUI checkpoint
#21688240 - 05/16/15 08:18 PM (8 years, 8 months ago) |
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According to everything I've read, this is fine and doesn't give the officer reasonable suspicion to pull me over.
I told this to the officer who pulled me over and he told me I needed to read again because it was suspicious behavior.
I wasn't drinking, holding or anything. He didn't even attempt to search my vehicle and I wasn't detained or given a ticket.
I have his badge number. Am I in the right? I googled just now and it does not give them reasonable suspicion. Should I file a police complaint?
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688315 - 05/16/15 08:40 PM (8 years, 8 months ago) |
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Let it go. Lesson learned. 90% of the people that do what you did are actually drunk.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688523 - 05/16/15 09:39 PM (8 years, 8 months ago) |
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I wasn't drunk. He didn't have reasonable suspicion. He pulled me over for no reason.
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123] 1
#21688536 - 05/16/15 09:45 PM (8 years, 8 months ago) |
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But he did have reasonable suspicion. It's reasonable to assume a driver that makes a u-turn prior to a dui checkpoint has the intent of avoiding that checkpoint because they are drunk. The bottom line is, you didn't get searched you didn't get a ticket and you weren't arrested. The officer did exactly what he was supposed to do. You're making a much bigger deal out of this than you should.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688552 - 05/16/15 09:52 PM (8 years, 8 months ago) |
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I didn't pull an illegal u turn. I pulled into a driveway and turned around.
Granted, it looks suspicious, but in no way does it mean a cop can pull me over.
Are you a lawyer or have any knowledge of the law? Or are you just some dude?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,509
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye] 3
#21688556 - 05/16/15 09:55 PM (8 years, 8 months ago) |
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Turning before a checkpoint doesn't give him reasonable suspicion. Under your theory, not giving consent to search would be reasonable suspicion because obviously he must have something to hide if he doesn't want to be searched.
Still, OP, you need to get over it. You really have no remedy here.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21688564 - 05/16/15 09:58 PM (8 years, 8 months ago) |
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You don't think I should file a complaint?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,509
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688567 - 05/16/15 09:59 PM (8 years, 8 months ago) |
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If you have nothing better to do with your time, do it. Nothing will come of it, though.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil] 2
#21688574 - 05/16/15 10:01 PM (8 years, 8 months ago) |
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Cool. I have a lot of free time. Thank you Enlil.
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688620 - 05/16/15 10:23 PM (8 years, 8 months ago) |
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I am some dude and I wasn't offering legal advice. Please, report that officer to internal affairs. Write your local paper. Do not rest until this dictator is held accountable for the atrocities he's committed.
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Arctic W. Fox

Registered: 09/23/14
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688643 - 05/16/15 10:33 PM (8 years, 8 months ago) |
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It's perfectly legal and within your rights to make a legal turn before a DUI checkpoint.
Find an attorney who offers free consultation.
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D.M.T
Shroomery Contaminant


Registered: 10/31/09
Posts: 10,991
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21688645 - 05/16/15 10:34 PM (8 years, 8 months ago) |
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Quote:
Enlil said: Turning before a checkpoint doesn't give him reasonable suspicion. Under your theory, not giving consent to search would be reasonable suspicion because obviously he must have something to hide if he doesn't want to be searched.
Still, OP, you need to get over it. You really have no remedy here.
There was a DUI checkpoint with a drug dog in my town recently, and we had an ounce of weed in the car. Naturally we turned off the road onto the highway. A cop followed us but ended up passing on the highway.
But I was reading online court records to see if anyone did get nabbed for DUI at the checkpoint, and it turned out one woman did after she turned around before the checkpoint. Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
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jahrastafareye
Outcarcerated



Registered: 10/16/13
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688652 - 05/16/15 10:37 PM (8 years, 8 months ago) |
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Thank God someone is standing up to these monsters. I bet he didn't even tell you to have a nice night. lol
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Alan Rockefeller
Mycologist

Registered: 03/10/07
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox]
#21689841 - 05/17/15 09:18 AM (8 years, 8 months ago) |
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Quote:
D.M.T said: But I was reading online court records to see if anyone did get nabbed for DUI at the checkpoint, and it turned out one woman did after she turned around before the checkpoint. Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
She can try. Might work.
Quote:
Arctic W. Fox said: Find an attorney who offers free consultation.
Not worth your time to sue for a traffic stop. OP could file a complaint at the station, but the officer would likely be congratulated rather than punished.
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rackem



Registered: 11/27/09
Posts: 14,024
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Alan Rockefeller]
#21689917 - 05/17/15 09:50 AM (8 years, 8 months ago) |
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i got pulled over doing the same thing. i simply told the officer the car i was driving was overheating and simply couldnt be in that line.
he let me go. i didnt lose any sleep over it.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,509
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: D.M.T] 1
#21689952 - 05/17/15 10:00 AM (8 years, 8 months ago) |
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Quote:
D.M.T said: Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
This is certainly an argument to be made. I'd make it. Chances are slim that it'd fly, but it gives an opportunity for appeal later if that's the way to go. I'd make the argument and negotiate a plea contingent on appeal.
OP: Keep in mind that there is a real difference between your situation and the above situation, though. It is one thing to argue an illegal stop as a defense in a criminal case, where evidence may be suppressed. It is a whole other thing to argue a civil rights violation under 1983 or state civil rights laws based on the same facts. Your first hurdle is qualified immunity. Your second one is lack of damages. Either is probably fatal to your claim.
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Arctic W. Fox

Registered: 09/23/14
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21690349 - 05/17/15 12:18 PM (8 years, 8 months ago) |
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My biggest concern is just ignoring these civil rights violations. We have the right ro live our lives without molestation.
If you continue to let these pigs do whatever they want, whenever they want, they will. And soon YOU will be a convicted criminal because you kept your fuck'n mouth shut in a time when you should be screaming your head off.
I got a ticket from a corrupt pig who thought I would just bend over and take it. I turned my defense into an offence and targeted the cop. Long story short; the ticket was dropped. Why? Because I discovered the cop's lie, and called him out on it.
If I accepted the prosecutor's plea bargan, I would be jobless and homeless right now.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox]
#21690359 - 05/17/15 12:22 PM (8 years, 8 months ago) |
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Yeah I don't plan on suing anyone. Would it be unwise for me to file a police complaint? This isn't a big city and I don't want to deal with police bullshit, but at the same time, this isn't right and should be addressed, at the least. A sheriff was with him so it was obviously supported by him too, which is ridiculous.
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Arctic W. Fox

Registered: 09/23/14
Posts: 1,357
Last seen: 5 years, 2 months
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21690377 - 05/17/15 12:26 PM (8 years, 8 months ago) |
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Complain! Write letters to the local press. Get it noticed.
When enough people have these problems and make noise, eventually the cops will be investigated and their illegal activities will stop.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,509
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox] 1
#21690413 - 05/17/15 12:33 PM (8 years, 8 months ago) |
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Quote:
Arctic W. Fox said: My biggest concern is just ignoring these civil rights violations.
I make most of my living suing police and cities for civil rights violations. In the grand scheme, this is much ado about nothing. He was stopped, and a few minutes later, let go. Any complaint he makes to the police will be taken politely and routinely ignored. The press don't give a shit about a traffic stop in a world where people are being shot by cops.
OP would be better served just letting it go. Of course, he can raise holy hell if he wants, but the only one who will care is him.
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