February 19, 2010

Another Roadblock case

I recently tried another DUI Roadblock case in Howard County District Court. Yes, another roadblock case, I have written extensively regarding the legality of roadblocks and the DUI Defendant's responsibility in Maryland. For those who are interested, the seminal case is Little v. State which spells out the Government's obligations to you (the people of Maryland) and your legal rights under this evasive big brother type of traffic stop scenario in which the Government has placed their stamp of approval.

It is an "evasive big brother" type of traffic stop because the police are stopping your car with no probable cause and with no "reasonable articulable suspicion" that the driver has committed any crime or traffic infringement whatsoever (this is required by case law to stop a vehicle). The people of this country are protected (used to be protected) against stops like this by the U.S. Constitution. However, the Government has saw fit to override your Constitutional Protections in light of the nefarious drunk drivers and boisterous arguments advanced by MADD. Drunk driving is indeed dangerous and stupid, it hurts people and cannot be tolerated in any form; however, the way to go about the problem is not to trample the Constitution and stop every car for an "inspection" like Nazi Germany, the way to handle the problem is through highway supervision like it is normally done, where there does exist reasonable suspicion protections to pull drivers over when they are weaving, speeding or exhibit some other transgression on the roadway.

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