Road laws and enforecemnt in the USA

[stuartj]

Just a coupla quick questions- I realise road laws in the USA vary state to state and even county to county but:

In the USA is does there exist the practice of "random breath testing" where a driver can be tested a any time for blood alcohol? Or is it neccessary for a police officer to have cause to stop a driver and make such a test? Would such random testing be anti Constitutional?

Are automated red light cameras used in the USA these days?
Are hidden speed cameras used in the USA?

Thanks

[nota]

roadblock can be used to check every driver
or some random number every 3 10 ect

if they pull you over they can ask for a drunk test [walk the line] or what ever
blow test mostly only after you flunk the other tests

yes some citys / areas uses cams esp red light but not wide spred
speed cops far more then cams

[stogie25]

The fourth amendment to the Constitution of the United States of America.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[nocarrier]

Here in the state of Florida a dui check point must have a way for cars to exit the checkpoint without being stopped.

There is no random breath test and the officer must have probable cause to stop you.

On the other hand if you are parked in your car and you have the ignition keys on your person you can be arrested for dui even if the keys are not in the ignition. The state says that with the keys, you are in actual physical control of the vehicle.

Road side sobriety tests are voluntary here and you do not have to do them

Breathalizer tests are and will result in revoking your license if you refuse.

If you get into an accident with injures and are suspected of being under the influence they can take a sample of your blood without your consent.

[red-beard]

Originally Posted by stuartj

Just a coupla quick questions- I realise road laws in the USA vary state to state and even country to country but:

In the USA is does there exist the practice of "random breath testing" where a driver can be tested a any time for blood alcohol? Or is it neccessary for a police officer to have cause to stop a driver and make such a test? Would such random testing be anti Constitutional?

Are automated red light cameras used in the USA these days?
Are hidden speed cameras used in the USA?

Thanks

DWI checkpoints, where they stop and look at/smell every car has been found to be Constitutional, although many of us disagree. I am sure they will not breath test everyone, just suspected people.

Part of the "contract" to drive is that you will submit to alcohol testing. The penalty for not submitting is loss of license for 1 year. DWI would usually be a maximum loss of 6 months, and probably be allowed to drive to/from work. If you were caught DWI, most likely you would be ejected from the country, being that DWI in many states is now a felony.

Red light cameras are becoming more popular, but usually are city by city. My state is getting ready to outlaw them.

Speed cameras are used by some states, but not here in Texas.

In general, the motor laws in the states are similar. The biggest difference I saw in California vs. Texas was parking. California, the curb colors matter. A few of the states have outlawed cell phone use while driving, but using a headset or handfree system is OK.

[Dueller]

Interesting question, stuart, and much more complex than you might think at first blush.

In essence the answer to your question is a qualified "yes." All states have "implied consent" laws on the books. The jist is by operating a motor vehicle on the public highways you impliedly consent to taking a breath test for alcohol. Of course you can refuse, but if you do your license may be administratively suspended for a period. Note that I said administratively. This is different from losing your license due to a criminal conviction for DUI. As a practical matter officers usually want to have some probable cause to suspect you of DUI before they will push for the breath test. Going back to basic civics classes you know that you cannot be deprived of a fundamental right or property without due process of the law (where the 4th amendment comes in), however the courts have ruled that a driver's license is not a right or "property" but rather a privilege granted by the states.

And random roadblocks have been upheld as constitutional as the public interest to keep drunk drivers off the road is of greater importance than the personal inconvenience of a brief investigatory stop.

Answer your question?

[mattdavis11]

Originally Posted by red-beard

Red light cameras are becoming more popular, but usually are city by city. My state is getting ready to outlaw them.

We are? That's the first I've heard. We were snookered, a third reading "clerical" amendment 5 days before the end of session, 2003. I know the guys that put Linda Harper Brown up to it. Even worse, I lived in her district from August 2006 to Jan 2010, the killing part was she lived 2 blocks away. I didn't vote in that race the whole time I lived there, and it was really close on election cycle, 29 votes I think.

Repealing it is along way off though, no less than a year.

Sorry for the hijack, that's great news though.

Check points have to be publicized in advance per state law in Texas. Whether or not all enforcement agencies adhere to this policy, is a different story.

[krystar]

what Jim said. just an additional thing is that the state gives you the license to drive on the road. it is not an inherent right that you be able to drive. so if you don't like the rules or comply with the rules and procedures, then yer license is revoked. that part is still a civil matter. however if you drive without a license, then it becomes criminal.

[stogie25]

A little more research on the subject turned this up. The U.S. Constitution seems to be the most eroded document in history...

"Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990): This was the first major U.S. Supreme Court case on the issue of checkpoints conducted to promote highway safety. It upheld stops of vehicles at checkpoints without individualized suspicion, so long as the vehicles are stopped according to a neutral, articulable standard, e.g. every vehicle, every other vehicle, etc."

http://www.oyez.org/cases/1980-1989/1989/1989_88_1897

[steve185]

Don't drink and drive, you won't have a problem.

[stogie25]

Originally Posted by steve185

Don't drink and drive, you won't have a problem.

Words to live by.

[Dueller]

Originally Posted by steve185

Don't drink and drive, you won't have a problem.

Not so fast there. Friend of mine (50 y.o. HS principal) was pulled over for the infamous "careless driving." Cop asked him if he had been drinking. Said "No." (True). Cop says, well I guess you won't mind doing PBT? He said "I'm not...don't trust it." Cop says "well what if I take you into the station to blow the real thing? Will you blow?". Friend says "I doubt it...don't trust those either. But I've not had a drop to drink."

So cop places him under arrest. Has his truck towed. Takes him to the station. Says "Are you gonna blow now?" Guy initially says no, but then says I'll blow your damn machine. Blows 0.00. Cop says "Well I can'y unarrest you so you'll have to post bail on the careless driving charge. Bail set at $1,000. Friend has to pay $125 to bail bondsmen and $185 for towing impound fees. All this for a $25 CARELESS DRIVING TICKET

I'm suing the city to get his $310 because it pissed me off.

Oh yeah...cop is the one who received a state-wide award for writing the most DUI's in the sate last year. He's also the one who was fired from the police force for lying under oath.

[pwd72s]

Don't run stop lights and speed...yes, cameras for both in Orygun.

Have I mentioned that I think a V-1 radar detector is the best self defense gadget since the S.A. Colt revolver?

[porsche4life]

Paul I am right with ya on the V1... I don't get on the highway without mine....

[LakeCleElum]

DUI check points are not legal in Wa. state......Many states do have them......Best to check with you local bartender.......

[BeyGon]

Whatever our laws are, I bet they are more strict in the land of Oz.

[m21sniper]

Originally Posted by stuartj

Just a coupla quick questions- I realise road laws in the USA vary state to state and even county to county but:

In the USA is does there exist the practice of "random breath testing" where a driver can be tested a any time for blood alcohol? Or is it neccessary for a police officer to have cause to stop a driver and make such a test? Would such random testing be anti Constitutional?

Are automated red light cameras used in the USA these days?
Are hidden speed cameras used in the USA?

Thanks

Yes or no to all of them, depending where you are.

[stuartj]

Originally Posted by BeyGon

Whatever our laws are, I bet they are more strict in the land of Oz.

Thats indeed the diuscussion I am having.

What I am wondering is does the US constitution prevent random testing or search of property, or provide some reason that automated speed cameras arent used.

Round these parts you can be photograped and fined- I kid you not- for travelling 104kmh in 100kmh freeway. In the name of road safety.

Coming your way i would wager- state govts are addicted to the revenue.

[fingpilot]

Originally Posted by stogie25

The fourth amendment to the Constitution of the United States of America.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

It is my understanding that the Constitution of the United States has been suspended by the present administration because of lack of interest on the part of the citizenry.

[red-beard]

Originally Posted by mattdavis11

We are? That's the first I've heard. We were snookered, a third reading "clerical" amendment 5 days before the end of session, 2003. I know the guys that put Linda Harper Brown up to it. Even worse, I lived in her district from August 2006 to Jan 2010, the killing part was she lived 2 blocks away. I didn't vote in that race the whole time I lived there, and it was really close on election cycle, 29 votes I think.

Repealing it is along way off though, no less than a year.

Sorry for the hijack, that's great news though.

Check points have to be publicized in advance per state law in Texas. Whether or not all enforcement agencies adhere to this policy, is a different story.

It is high on the Agenda for next spring.