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Health & Fitness

DWI Checkpoint Illegal- Bullying and intimidation

Friday night driving down Cowpath Rd in Hatfield I was stopped at a DWI check point. I was told I had to take a breathalyzer (which is not true.)  I was under the legal limit, yet I was made to get out of my car and was searched. The officer played the "we can go to this test and this test, and go THAT route, or just go over here and you can go home." We was sweating, and angry. Anything I said to him annoyed and made him more angry. Not about to argue with an angry man with a gun.  I was told to go behind a church and was illegally detained for some time. My car was taken from me, and finally I was allowed to walk home. Why? If I followed the letter of the law, why was I punished?  I value my rights, and feel there were taken away from me that night.

Some facts about DWI check points:
Under Pennsylvania law, you may make a legal U-turn or turn off onto a side road when approaching a DUI checkpoint. But what if an officer sees you doing it? Well, according to the Pennsylvania Superior Court, “[a]n officer’s mere hunch that an intoxicated motorist is seeking to avoid the checkpoint is insufficient.” In short, as long as you are making a legal maneuver and driving in a normal manner, the police cannot pull you over.

If the officer asks any questions, then you can decline to answer. You can unintentionally incriminate yourself by answering seemingly routine questions. Above all, it s important to be polite to the officer during the exchange.

If the officer asks you to take a breath test or field sobriety test at the DUI checkpoint, Pennsylvania law gives you the choice of submitting or refusing. If the officer asks to search your car, you can also refuse this request.

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