Don’t fall into a trap set up by a phony DUI checkpoint.
California DUI laws increase in enforcement during summer months. During this time the use of sobriety check points amps up. By now you know about what you need to know when confronting a DUI checkpoint. Armed with that information, what do you do if you come upon a traffic stop that seems a little less than legitimate? At least one driver was confronted with this decision when he was stopped at a fake roadside checkpoint in Pennsylvania.
A phony DUI checkpoint can leave you and your passengers wishing you knew the difference.
Phony DUI Checkpoint Cases
In the early morning hours of May 31st, 19-year-old Logan Shaulis set up a roadside checkpoint on Route 601 near Somerset. He parked his vehicle on the side of the road, and set up some road flares. Shaulis stopped a driver, identified himself as a state trooper, and asked for the usual license, registration and insurance. The problem is Shaulis was not a state trooper, despite his claim as a member of the state police drug and alcohol division.
When the stopped driver asked to see some identification, the fake trooper handed over his own driver’s license, saying he was Steve Rogers. (Steve Rogers also happens to be the name of Captain America). Unfortunately for Shaulis, real state troopers showed up on the scene. At that point, Shaulis tried to hand off a BB gun to the stopped car’s passenger, saying, “I can’t get caught with this.”
Needless to say, the real state troopers could easily spot a sham. Shaulis’ roadside stop was a violation of state laws. Somerset Borough Police Chief Randy Cox said the checkpoint wasn’t very realistic, adding local police don’t man solo checkpoints. As in California, sobriety checkpoints are usually stocked with a dozen or so law enforcement officers, and multiple marked vehicles.
Shaulis received a variety of charges. These charges include, impersonating a public servant, carrying a firearm without a license, unlawful restraint, possessing an instrument of crime, official oppression, criminal coercion, reckless endangerment, harassment, disorderly conduct, and that’s not all! In addition to carrying a portable scanner and handcuffs, his inebriation caused trouble as well. He drove under the influence of alcohol and displayed public drunkenness.
Checkpoints Follow Guidelines
Based on Supreme Court decisions, and National Highway Traffic Safety Administration (NHTSA) recommendations, sobriety checkpoints should adhere to certain guidelines. These may be helpful in spotting phony checkpoint from a legitimate law enforcement DUI checkpoint. The site selection for a DUI checkpoint should emphasize:
- location with a high incidence of impaired driving related crashes;
- least amount of inconvenience and intrusion to motorists;
- visibility from a far distance so that motorists have time to stop safely;
- safety to the general public and officers;
- ample shoulder space to detaine motorists and vehicles;
- electronic warning signs or devices;
- sufficient roadway illumination and lighting; and
- the presence of uniformed officers and marked vehicles to confirm legitimacy.
Perhaps Shaulis was not aware of the constitutional requirements of a sobriety checkpoint. However, we can learn from some sure signs that the checkpoint was not legitimate. These signs include the lack of official uniform, marked law enforcement vehicle, police identification, and the odor of alcohol on the not-trooper’s breath.
Should you find yourself in need of a good DUI or criminal defense attorney, look no further than The Kavinoky Law Firm. Call us 24/7, 365 days a year. If you’re in trouble, give us a call or click for a free consultation. We don’t sleep – so you can.
Find a DUI Lawyer Near Me.
