The first and only time i have been pulled over, the cop almost pulled a gun on me because i was reaching in my console for my registration. I was only 17 years old. He flipped out and asked me show my hands... like i was threatening! haha I told him I had no clue why he pulled me over. He said I needed to have my lights on when the damn street lights werent even on yet and i counted and pointed out cars passing without their lights on. I looked at him like he was stupid. He just let me go! lol THANK YOU SO MUCH FOR YOUR VIDEOS! I WISH THEY TAUGHT THIS IN SCHOOL! They just teach you to listen to everything they say no matter what.
I'm right below you in Texas. I love what our wonderful state did regarding DUI roadblocks. They said they were %100 illegal. But "road safety" checkpoints are not. So, now we have road safety checkpoints which not only include a DUI investigation, they include DL, insurance, registration, and inspection check as well. Makes me sick to think these cops pull this bullshit. I was backed up for over an hour only 5 minutes from my house for a checkpoint. The line was so long I couldn't see the checkpoint so I assumed it was a traffic jam. So I pulled off. Guess what, I got pulled over under suspicion of trying to avoid a checkpoint. I thought these checkpoints were optional. You can either choose to go through them or not and anyone who chooses to avoid the checkpoint can't be pulled over for avoiding it.
I know this is a very old comment, but DUI checks and safety checks have cars specifically set up as chasers. They usually hide a certain distance from the checkpoint to catch people turning around.
You are giving excellent advice. But always remember be courteous but don't be a doormat. Remember the fine public servant has a gun and the law is always on his side. The cop is ready and willing to use both against you AT ALL TIMES. Be nice. Be friendly but don't talk to them. Smile. Be nice. Ask causally if you can go. Be careful.
what gets me is every rookie cop is taught about Miranda, reading a suspect their rights but you pull into a DUI checkpoint and the first thing they do is ask if you committed a crime. the 0.08 alcohol limit is the legal presumption of impairment. they can prove impairment below that. drinking and driving is illegal it is a crime. when they ask "have you had anything to drink tonight." they are asking if you committed a crime.
The fifth amendment protects us against self incrimination, not just when in trial or under oath, but at all times. Police take advantage of people's ignorance of the law. Any statements or information volunteered to them not under duress or coercion is generally admissible as evidence. Police are only required to Mirandize a suspect prior to a custodial interrogation. Police can ask any question they want. Unless the person is being detained and the question is for the person's identity, people are not obligated to answer.
Police have suspected me of DUI a couple of times. Each time, I request a breathalyzer, and they let me go. I'm thinking they didn't have one, and feared it would be proof of my innocence if I specifically asked to be tested.
Ive heard hundreds of attorney videos and you have the best "to the point straightforward" presentation. Question, please: How far, according to case Iaw, preferably scotus, are you required to roll down your window?
i was an MP in the army for 5 years i loved it when people told me they didn't want to say anything and they wanted to talk to an attorney. less paper work for me. and at times i think DUI check points are a good idea IF there has been a large increase in DUI stops. also never consent to a search. its the dumbest way to get caught. i have known several MPs who bragged about how that person almost got away. he/she was about to end the traffic stop but asked anyways. i will say no cause i have meds i get from the VA. they will try to have a field day with me even though i may not of taken it for several days. its not worth the headache they will cause. once they find something they think can make an arrest they will jump on it. here's an important one in my experience. try not to be a dick even though the officer may be. i have PTSD kinda bad and its incredibly difficult for me to keep my mouth shut when someone starts popping off. i almost told a judge in court to go pound sand over a traffic ticket. being polite and courteous can go along ways. it always worked with me as an MP
I hope you read this and give feed back. In Missouri on I70. The highway patrol and sheriffs Dept. Like setting up drug check points. They place signs about a mile away then half a mile and the supposed stop is just past an exit. So no one is stopped and checked because those check points are illegal. But police are hidden off the exit and if someone takes that exit, they are stopped and questioned. Do you live near hear? Why did you use this exit? Drug dog walked around the car. Most people are ill informed but I wonder the best way to handle that. I know they have no legal reason to stop me but they’ll ask for ID. Ect.
Short answer is yes, by that time the police have probable cause or reasonable suspicion you have been driving under the influence, and you are being further detained in secondary for investigation.
How as Citizens know what our State Statues are on things such as DUI Checkpoints. I live in Maryland and the only way Lexisnexis will allow me to access it is if I am an attorney. Other than going down to the Court House looking us such things in which I would have no idea of where to start to look. My question is this are there any resources that I can check in my state that will allow me to know what our laws are in the State of Maryland as every Police Officer I have ever encountered told me that They were the Law
From a practical perspective, assuming you're an average Joe who just wants to get on down the road as soon as possible and that you're not interested in making any points. Is it more practical to only answer "Have you been drinking?" question providing the answer is "No"? I can see, "Have you been drinking tonight?" "I'm not answering questions, I want to speak to an attorney" being inferred as "I'm drunk" and have you out on the street walking lines and saying your ABCs and blowing into tubes. If you're a working man with a family you HAVE to blow into that tube. If you refuse they revoke your license, then you lose your job and your house. It seems to be "No" is a better response to that question.
You absolutely have the right to answer no, if your objective is getting through the checkpoint as quickly as possible and that is a means to that end. You also have the right to remain silent. You are not obligated to answer any questions asked to you by the police.
it is safe to say that most DUI checkpoints occur at night. is it legal for the officers to walk around your car shining the flashlight in your windows looking in at whatever they can see? Is that visually searching your vehicle?
This is what is known as the 'Plain View' doctrine. An officer who observers contraband in plain view from anywhere he has a right to be can seize the contraband as evidence. Police are also allowed to walk a drug sniffing dog around your car, an 'open air sniff', but absent any other reasonable suspicion, police are not allowed to detain you longer than the traffic stop just for dogs to sniff around your car.
Jay, I'd like you to do a video on roadside drug testing/ DUI drugs/ drug recognition experts (DRE). Michigan has implemented this, and it's a real cause for concern.
Ramey, if you have a firearm in the car might you under the public safety laws have to tell law enforcement you are armed. Of course this is not an answer to a question necessarily but are you not in all states required to disclose the possession of a firearm.
+Aztecwarrior573 Short answer: yes. You're being detained and you have the right to remain silent and not answer any questions. Ask for a lawyer at that point. Make sure you roll up your window and close the door of your car behind you.
XArmyMP Military law is different than civilian law. Under civilian law, habeas corpus exists (such as it is) ; you have to appear before a judge within 24-72 hours after an arrest.
lol im completely aware that military law is different from civilian law. it was my job to know federal, local, state, and military law because it was my job to enforce all 4 sets of laws. that's why I said its been awhile since I was an MP. since then I have not kept up on Texas or Oklahoma law
I'm betting it's one of those "safety" issues again. The government uses the excuse of hundreds of collisions each year with drivers with no insurance. I was arrested for it. Took me to jail for not having insurance. I couldn't believe it. A petty traffic offense. I asked the cop if he took everyone to jail for petty traffic offenses. He said, officers discretion. So I said, why didn't you use discretion with me and write me a ticket instead of taking me to jail? I got no answer.
I'm all for protecting all my rights and yours, but driving is not a right and if you crash into my car i want to know it will be paid for i/e your insurance. With people going paycheck to paycheck i don't trust that everyone can afford to pay to fix my car.
@@lablover3112 Driving is a priviledge because the government says so? Do you think the founding fathers put restrictions on riding horses? In modern society driving should be a right in a country where vehical ownership is a requirement to make a living
THe dui roadblock should have a turn off for those that do not wish to be hammered HA Really inm serious a turn around should be provided and look for it and if you do not wish to go through carefully turn around but dont make any mistakes when doing this .ty
And this shows the hypocrisy of the Conservative judges who call themselves "textualists" or originalists yet they seem to find exceptions to some of the those most clear rights given to us citizens by the constitutions.
a lawyer who swore an oath to the Constitution is glibly talking about police flagrantly violating the constitution. all of what you said about "ordering" you to roll down your window and then breaking the window directly violating the Constitution do you think our founding fathers would have tolerated this? they would have tarred and feathered them.
badges don't give extra rights, place the police under a citizen arrest, inform them of the arrest them you should tell them you fear for your life loud enough to get their body recorder to pick up you telling them they are under arrest for abuse of authority.
you are a great lawyer, and you are my hero, and a great patriot, thank you for your work.
I'm learning so much.
Here in 2020 the cops are even more unhinged it's frightening.
You are brilliant. Keep up the good work ❤
Cheers
I like that when he said. THEN GO O O O
thank you for fighting for my rights
The first and only time i have been pulled over, the cop almost pulled a gun on me because i was reaching in my console for my registration. I was only 17 years old. He flipped out and asked me show my hands... like i was threatening! haha I told him I had no clue why he pulled me over. He said I needed to have my lights on when the damn street lights werent even on yet and i counted and pointed out cars passing without their lights on. I looked at him like he was stupid. He just let me go! lol
THANK YOU SO MUCH FOR YOUR VIDEOS! I WISH THEY TAUGHT THIS IN SCHOOL! They just teach you to listen to everything they say no matter what.
The purpose of school is to churn out docile and obedient tax slaves, not to provide a quality education that will help people excel in life...
I like Jay's narration of cops, so funny.
💖 Nice work, keep it up, we need ya!
10:58- Give them the silent treatment you say? I can do that, I can do that very well.
Awesome intro song.....Into the Void!
I'm right below you in Texas. I love what our wonderful state did regarding DUI roadblocks. They said they were %100 illegal. But "road safety" checkpoints are not. So, now we have road safety checkpoints which not only include a DUI investigation, they include DL, insurance, registration, and inspection check as well. Makes me sick to think these cops pull this bullshit. I was backed up for over an hour only 5 minutes from my house for a checkpoint. The line was so long I couldn't see the checkpoint so I assumed it was a traffic jam. So I pulled off. Guess what, I got pulled over under suspicion of trying to avoid a checkpoint. I thought these checkpoints were optional. You can either choose to go through them or not and anyone who chooses to avoid the checkpoint can't be pulled over for avoiding it.
I know this is a very old comment, but DUI checks and safety checks have cars specifically set up as chasers. They usually hide a certain distance from the checkpoint to catch people turning around.
I just found your channel on 25/9/18 I'll make sure I'm till here till u get 1M subs 🥂
Our rights have been getting watered down for quite a long time now.
You are giving excellent advice. But always remember be courteous but don't be a doormat. Remember the fine public servant has a gun and the law is always on his side. The cop is ready and willing to use both against you AT ALL TIMES. Be nice. Be friendly but don't talk to them. Smile. Be nice. Ask causally if you can go. Be careful.
what gets me is every rookie cop is taught about Miranda, reading a suspect their rights but you pull into a DUI checkpoint and the first thing they do is ask if you committed a crime. the 0.08 alcohol limit is the legal presumption of impairment. they can prove impairment below that. drinking and driving is illegal it is a crime. when they ask "have you had anything to drink tonight." they are asking if you committed a crime.
The fifth amendment protects us against self incrimination, not just when in trial or under oath, but at all times. Police take advantage of people's ignorance of the law. Any statements or information volunteered to them not under duress or coercion is generally admissible as evidence. Police are only required to Mirandize a suspect prior to a custodial interrogation.
Police can ask any question they want. Unless the person is being detained and the question is for the person's identity, people are not obligated to answer.
Smart man i love watching ur videos even tho i already know. Everything ur gonna say ive been doing this for about 12 yrs now. Keep speaking the truth
I want to thank you so much for your insight!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Jay, I'd really like to see a video going further info DUI road blocks.
Great video . Thanks
Why is there a giant with a dwarf beard carrying a dagger explaining the law? I am so confused.
If you want to simply get to the content for DUI checkpoint you need to scroll past 7:15.
if cops demand you roll down your window.....how far do you have to roll it down?
Police have suspected me of DUI a couple of times. Each time, I request a breathalyzer, and they let me go. I'm thinking they didn't have one, and feared it would be proof of my innocence if I specifically asked to be tested.
Ive heard hundreds of attorney videos and you have the best "to the point straightforward" presentation.
Question, please: How far, according to case Iaw, preferably scotus, are you required to roll down your window?
as soon as they bust your window, you are free to fire
i was an MP in the army for 5 years i loved it when people told me they didn't want to say anything and they wanted to talk to an attorney. less paper work for me. and at times i think DUI check points are a good idea IF there has been a large increase in DUI stops. also never consent to a search. its the dumbest way to get caught. i have known several MPs who bragged about how that person almost got away. he/she was about to end the traffic stop but asked anyways. i will say no cause i have meds i get from the VA. they will try to have a field day with me even though i may not of taken it for several days. its not worth the headache they will cause. once they find something they think can make an arrest they will jump on it. here's an important one in my experience. try not to be a dick even though the officer may be. i have PTSD kinda bad and its incredibly difficult for me to keep my mouth shut when someone starts popping off. i almost told a judge in court to go pound sand over a traffic ticket. being polite and courteous can go along ways. it always worked with me as an MP
should you be driving on meds? just wondering
Bless you and your family
I hope you read this and give feed back. In Missouri on I70. The highway patrol and sheriffs Dept. Like setting up drug check points. They place signs about a mile away then half a mile and the supposed stop is just past an exit. So no one is stopped and checked because those check points are illegal. But police are hidden off the exit and if someone takes that exit, they are stopped and questioned. Do you live near hear? Why did you use this exit? Drug dog walked around the car. Most people are ill informed but I wonder the best way to handle that. I know they have no legal reason to stop me but they’ll ask for ID. Ect.
Are u required to pull over to secondary when they order you to?
Short answer is yes, by that time the police have probable cause or reasonable suspicion you have been driving under the influence, and you are being further detained in secondary for investigation.
How as Citizens know what our State Statues are on things such as DUI Checkpoints. I live in Maryland and the only way Lexisnexis will allow me to access it is if I am an attorney. Other than going down to the Court House looking us such things in which I would have no idea of where to start to look. My question is this are there any resources that I can check in my state that will allow me to know what our laws are in the State of Maryland as every Police Officer I have ever encountered told me that They were the Law
have you had anything to drink ? with in the last 10 mins? last night ?last year ?
From a practical perspective, assuming you're an average Joe who just wants to get on down the road as soon as possible and that you're not interested in making any points. Is it more practical to only answer "Have you been drinking?" question providing the answer is "No"?
I can see, "Have you been drinking tonight?" "I'm not answering questions, I want to speak to an attorney" being inferred as "I'm drunk" and have you out on the street walking lines and saying your ABCs and blowing into tubes. If you're a working man with a family you HAVE to blow into that tube. If you refuse they revoke your license, then you lose your job and your house. It seems to be "No" is a better response to that question.
You absolutely have the right to answer no, if your objective is getting through the checkpoint as quickly as possible and that is a means to that end. You also have the right to remain silent. You are not obligated to answer any questions asked to you by the police.
I call them city sponsored mobile toll roads
it is safe to say that most DUI checkpoints occur at night. is it legal for the officers to walk around your car shining the flashlight in your windows looking in at whatever they can see? Is that visually searching your vehicle?
This is what is known as the 'Plain View' doctrine. An officer who observers contraband in plain view from anywhere he has a right to be can seize the contraband as evidence.
Police are also allowed to walk a drug sniffing dog around your car, an 'open air sniff', but absent any other reasonable suspicion, police are not allowed to detain you longer than the traffic stop just for dogs to sniff around your car.
Jay, I'd like you to do a video on roadside drug testing/ DUI drugs/ drug recognition experts (DRE). Michigan has implemented this, and it's a real cause for concern.
😮😮😮😮😮😮 WHAT THE FUCK IN THE UNAMERICAN HELL?!
What's the songs name? Great vids by the way!
Ramey, if you have a firearm in the car might you under the public safety laws have to tell law enforcement you are armed. Of course this is not an answer to a question necessarily but are you not in all
states required to disclose the possession of a firearm.
what about California san Bernardino ?
why not just tell them that roadblocks can be avoided legally?
What if you refuse to answer questions, and they order you out of the car? Are you legally obligated to exit the vehicle?
+Aztecwarrior573 Short answer: yes. You're being detained and you have the right to remain silent and not answer any questions. Ask for a lawyer at that point. Make sure you roll up your window and close the door of your car behind you.
+Angelo Darden you can be detained up to 24 hours with out being charged right? its been too long since i was in an MP. i don't remember
XArmyMP Military law is different than civilian law. Under civilian law, habeas corpus exists (such as it is) ; you have to appear before a judge within 24-72 hours after an arrest.
lol im completely aware that military law is different from civilian law. it was my job to know federal, local, state, and military law because it was my job to enforce all 4 sets of laws. that's why I said its been awhile since I was an MP. since then I have not kept up on Texas or Oklahoma law
+Angelo Darden and lock it.
I’m sad I’m getting close to the end
Why do you have to provide proof of insurance? I never understood how the government get away with it that.
I'm betting it's one of those "safety" issues again. The government uses the excuse of hundreds of collisions each year with drivers with no insurance. I was arrested for it. Took me to jail for not having insurance. I couldn't believe it. A petty traffic offense. I asked the cop if he took everyone to jail for petty traffic offenses. He said, officers discretion. So I said, why didn't you use discretion with me and write me a ticket instead of taking me to jail? I got no answer.
***** officers discretion is code word for skin color
I'm all for protecting all my rights and yours, but driving is not a right and if you crash into my car i want to know it will be paid for i/e your insurance. With people going paycheck to paycheck i don't trust that everyone can afford to pay to fix my car.
@@lablover3112 Driving is a priviledge because the government says so? Do you think the founding fathers put restrictions on riding horses? In modern society driving should be a right in a country where vehical ownership is a requirement to make a living
@@mojomojo5779 Seriously even if you get drunk all the time and drive or perhaps you keep running into other cars
My registration card and insurance card is paperclipped to the top side of my driver side sunvisor.
How is not rolling your window down so far that the officer can stick his head in my personal space How is that obstructing and officer??
...Wichita, Ks.
they do this at night is that profiling
Will you be right there with me if I go to jail? 😉
I am in Tx and have a CDL driver's license. Don't we have to answer questions and submit to sobriety tests?
THe dui roadblock should have a turn off for those that do not wish to be hammered HA Really inm serious a turn around should be provided and look for it and if you do not wish to go through carefully turn around but dont make any mistakes when doing this .ty
And this shows the hypocrisy of the Conservative judges who call themselves "textualists" or originalists yet they seem to find exceptions to some of the those most clear rights given to us citizens by the constitutions.
Isn't driving a commercial term? I learned a license shows you are a ffederal slave.
a lawyer who swore an oath to the Constitution is glibly talking about police flagrantly violating the constitution. all of what you said about "ordering" you to roll down your window and then breaking the window directly violating the Constitution do you think our founding fathers would have tolerated this? they would have tarred and feathered them.
michael mooney i wish i could like more then once!!!
at the damage of your property you can kill whomever is making the attack
badges don't give extra rights, place the police under a citizen arrest, inform them of the arrest them you should tell them you fear for your life loud enough to get their body recorder to pick up you telling them they are under arrest for abuse of authority.
Please get to the point. You get sidetracked.