Pennsylvania Firearm Owners Association
Results 1 to 10 of 10
  1. #1
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    9,543
    Rep Power
    21474858

    Default DUI CHECKPOINT QUESTION

    a friend of mine was stopped at a DUI check point in july on the rt 1 bypass between 252 and 352 about a half mile before the bottleneck.
    my question is, isnt there supposed to be an outlet (side street) to turn off a certain amount of distance from a checkpoint?


    if you are familiar with that area, there are no exits between 252 and 352.
    also, they wont tell him is BAC until this tuesday in court..
    thanks, bogey1....

  2. #2
    Join Date
    Mar 2007
    Location
    Pennsylvania
    (Montgomery County)
    Posts
    1,274
    Rep Power
    268015

    Default Re: DUI CHECKPOINT QUESTION

    I am unaware of any such requirement? have your friend consult a lawyer and see if ARD is a good option.

  3. #3
    Join Date
    Oct 2008
    Location
    JT, Pennsylvania
    (Carbon County)
    Posts
    160
    Rep Power
    752128

    Default Re: DUI CHECKPOINT QUESTION

    No, according to what I have read, there does not have to be a turn off.
    You can do a search on "Commonwealth v. Pacek."
    A quick search turned up this on the subject.
    http://www.testsymptomsathome.com/PD...heckpoints.pdf
    http://philadelphiaduiattorneyblog.c...heckpoint.html

    I find the "Commonwealth v. Scavello" ruling interesting, in that if you can make a legal U-turn, they cannot stop you based on that. I don't drink and drive, but I'm sure it could be "interesting" to put this one to the test, and see what would come of it, if anything. Definitely a situation to have a camera AND voice recorder rolling though.

    A DUI can have some major repercussions, so I hope your friend was under the limit, and it all works out for them.

  4. #4
    Join Date
    Jan 2010
    Location
    Meisertown (Henryville), Pennsylvania
    (Monroe County)
    Age
    30
    Posts
    716
    Rep Power
    830

    Default Re: DUI CHECKPOINT QUESTION

    they don't have to give you a turn off before, but nothing's keeping you from turning around i do it to avoid dealing with their "papers please" BS
    ONE TO THE HEAD!!!!

  5. #5
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    9,543
    Rep Power
    21474858

    Default Re: DUI CHECKPOINT QUESTION

    Quote Originally Posted by MischaBurns View Post
    they don't have to give you a turn off before, but nothing's keeping you from turning around i do it to avoid dealing with their "papers please" BS
    where this checkpoint was set up there was no way to exit, turn around. you are trapped with no way out but to go through checkpoint.

  6. #6
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
    46
    Posts
    3,650
    Rep Power
    0

    Default Re: DUI CHECKPOINT QUESTION

    You can find out everything before the trial by filing the paperwork to do so. They cannot withold evidence from the defense. Get a freaking lawyer, or your friend.


    Quote Originally Posted by bogey1 View Post
    a friend of mine was stopped at a DUI check point in july on the rt 1 bypass between 252 and 352 about a half mile before the bottleneck.
    my question is, isnt there supposed to be an outlet (side street) to turn off a certain amount of distance from a checkpoint?


    if you are familiar with that area, there are no exits between 252 and 352.
    also, they wont tell him is BAC until this tuesday in court..
    thanks, bogey1....

  7. #7
    Join Date
    Jun 2007
    Location
    PA, Pennsylvania
    (Delaware County)
    Posts
    3,601
    Rep Power
    1031950

    Default Re: DUI CHECKPOINT QUESTION

    I kinda remember a requirement that there needs to be a turnoff street to be able to avoid the DUI stop. Forget where I read it.

    You also can make a legal U-Turn or turn off before the checkpoint and that is NOT RAS for you to be pulled over.

  8. #8
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    9,543
    Rep Power
    21474858

    Default Re: DUI CHECKPOINT QUESTION

    Quote Originally Posted by exceltoexcel View Post
    You can find out everything before the trial by filing the paperwork to do so. They cannot withold evidence from the defense. Get a freaking lawyer, or your friend.
    he does have a lawyer, i dont know how good he is though.

  9. #9
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    9,543
    Rep Power
    21474858

    Default Re: DUI CHECKPOINT QUESTION

    Quote Originally Posted by BimmerJon View Post
    I kinda remember a requirement that there needs to be a turnoff street to be able to avoid the DUI stop. Forget where I read it.

    You also can make a legal U-Turn or turn off before the checkpoint and that is NOT RAS for you to be pulled over.
    this is why i posted this, i swear i read it somewhere that there has to be an outlet before the checkpoint..just cant remember where

  10. #10
    Join Date
    Jun 2007
    Location
    PA, Pennsylvania
    (Delaware County)
    Posts
    3,601
    Rep Power
    1031950

    Default Re: DUI CHECKPOINT QUESTION

    Quote Originally Posted by bogey1 View Post
    this is why i posted this, i swear i read it somewhere that there has to be an outlet before the checkpoint..just cant remember where
    I'm pretty sure SOME states require a turnoff....but....PA


    Even with the states that do allow sobriety checkpoints, there are some interesting interpretations on its checkpoint laws. It seems generally that most states allow a motorist to make a legal U-turn or turn off a side road and not need to go through the checkpoint.

    Pennsylvania Has been made legal under state and federal Constitution.

    Under Commonwealth v. Pacek, 691 A.2d 466 (Pa. Super. 1997), "a checkpoint does not have to provide a legal means of avoidance."

    "Checkpoints must be located in area where DUI is prevalent." Commonwealth v. Blee, 695 A.2d 802 (Pa. Super. 1997).

    "Legal U-turn in advance of checkpoint does not justify a stop." Commonwealth v. Scavello, 703 A.2d 36 (PA. Super. 1997)

Similar Threads

  1. DUI Checkpoint Encounter
    By ROCK-IT3 in forum General
    Replies: 250
    Last Post: October 20th, 2011, 01:04 PM
  2. HUGE DUI CHECKPOINT ON RT320 and RT 3
    By BimmerJon in forum Delaware
    Replies: 14
    Last Post: June 14th, 2010, 10:38 AM
  3. Playmobil TSA Checkpoint?
    By BradC in forum General
    Replies: 18
    Last Post: November 29th, 2009, 08:47 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops