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Eliminate DUI / OVI Sobriety Roadblocks

Dayton DUI Attorney Charles Rowland > Uncategorized  > Eliminate DUI / OVI Sobriety Roadblocks

Eliminate DUI / OVI Sobriety Roadblocks

IntroductionThis unique site, dedicated to the subject (and elimination) of roadblocks on public streets, roads and highways, is sponsored by the National Motorists Association, North America’s most outspoken defender of drivers’ rights (www.motorists.org). Our position on roadblocks is not complicated.

Our Position

We oppose the use of roadblocks, period. The only justification for stopping citizens under a roadblock scenario is to warn them of an unseen peril that could cause injury or death to an unsuspecting motorist. So-called “sobriety check points,” or seat belt checks, or the myriad of other excuses the government concocts to harass and intimidate its citizens through the use of roadblocks are, in our opinion unconstitutional and in direct contradiction to any honest definition of freedom.

A free and open society that champions individual liberty and personal responsibility—the kind of society we try to tell the world the USA represents, cannot condone the arbitrary stopping, interrogating, intimidation and searching of citizens whose only crime is to be peacefully traveling a public highway. Roadblocks, as used in the US, are designed and intended to use fear, intimidation, and inconvenience to expedite a government edict or a political agenda. They have a net zero influence on public safety. But, even if there were a “safety benefit” related to roadblocks, it would not outweigh the negative totalitarian nature of this practice.

Currently, roadblocks are being used to circumvent the need for probable cause to stop, interrogate, and search the occupants of motor vehicles. The pretense might be a seatbelt check, registration or drivers license verification, proof of insurance, or a “safety” inspection. The short sighted court system has readily approved the practice of using a trumped up pretence to stop a vehicle to provide new opportunities to look for other violations of the law. Given that it is virtually impossible to do anything in America without violating one or more laws, especially while driving, roadblocks give the police the opportunity to abuse any individual or group they chose to target.

The reincarnated prohibitionist movement has seized upon the roadblock tactic as a means to employ fear in their holy war against “Demon Rum.” Many of the current DWI laws have nothing to do with addressing drunk driving as a safety problem. This is a campaign to disparage the use of beverages containing alcohol and to undermine the hospitality industry that sells these beverages. (Time for a disclaimer, This site, nor the NMA have any affiliation with the beverage or hospitality industries.)

The proponents of DWI roadblocks readily and publicly admit that the purpose of roadblocks is not to catch drunk drivers (which they seldom do). The purpose is to intimidate and to make people fearful of drinking and driving—no matter how little or responsibly they may do so. This tactic is aimed directly at people who drink in a responsible manner and who are not over represented in traffic accidents. The advocates of DWI roadblocks also admit that roadblocks do offer the opportunity to arrest people for drunk driving who would not otherwise be arrested based on their ability to drive safely. The unreasonable and unscientific blood alcohol standards of .1% or worse yet .08% allow the arrest and conviction as a drunk driver, regardless of actual impairment. This absurdity is expanded by the use of roadblocks.

Purpose of this site

The goal of this web site is to permanently eliminate the use of roadblocks, no matter their purpose or sponsorship. Initially we will provide information on how to avoid roadblocks, by listing their locations (with your assistance). We will also develop a portfolio of information and court cases that will educate our visitors on their rights and the limitations the courts have placed on roadblock operators. Finally, through the National Motorists Association and the National Motorists Association Foundation we will promote legislation, support litigation, and sponsor publicity all aimed at eliminating the use of roadblocks for public policy and political agendas.

Site Organization

The first section of this site is the actual “Roadblock Registry” where you can find and list roadblock locations around the U.S. The second section is a collection of federal and state and local court cases dealing with roadblocks. This is followed by information on what you should do should you encounter a roadblock, and what your rights are. We are starting an archive of news and editorial articles that deal with roadblocks. The last section is dedicated to legislation, publicity and litigation related to roadblocks, and ideally, their elimination.

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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