THE LAW AND YOU , Bones out of Neveda

OFF THE WIRE
Has this ever happened to you? Its dark out and you’re on your way to someplace when you look up from changing your radio station and OH SHIT! It’s too late; you have just been trapped by a DUI checkpoint. Did you know that DUI checkpoints are consensual and not mandatory? You must stop at the sign, or officers hand gesture, but you do not have to verbally participate in the check point. In order for an administrative roadblock like a Las Vegas DUI sobriety checkpoint to be valid, law enforcement must follow these strict rules and guidelines:
NRS 484B.570, Administrative roadblock: Establishment; minimum requirements.
The police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.
To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:
(a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.
(b) At the point of the administrative roadblock, a sign must be placed near the centerline of the highway displaying the word "Stop" in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the roadblock, either in daytime or darkness.
(c) At the same point of the administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a "police stop" lies ahead. A burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the sign.
(Added to NRS by 1969, 1495; A 1987, 1073)—(Substituted in revision for NRS 484.359)
You might have noticed that I highlighted a few words in the above statement, must, not less than, least are all words that describe what must be done to have a PROPER AND LEGAL checkpoint. These statements are not left to the officer’s discretion, if you get my drift. These are strict guidelines laid out by the Nevada Revised Statutes and if they are not met chances are your case will get dismissed if and when you fight it.
Another thing that you need to know is that it is not illegal to warn other drivers about potential hazards in the road ahead, i.e. DUI checkpoints. So when you find a checkpoint you should have some fun if you haven’t been drinking, by getting a sign warning other drivers about the problem and the police won’t be able to do anything about it. (Make certain that you are within the ¼ mile limit so your sign does not make the checkpoint legal
Now I know I’m going to subject myself to a lot of heat by MADD and many of you who think that law enforcement need to do more of this type of thing to protect the motoring public. I think police should be out there arresting drunk drivers and putting them in jail but do you think that it is a good thing that everyone be stopped and questioned for the sake of a few. When things like this are allowed to take place and condoned by the motoring public they start to become common place. The next thing that happens is every time you cross the border from Nevada to Utah you will have to stop and produce your papers. I have been accused of drunk driving, hand cuffed and had my bike impounded only to be found not guilty because the police didn’t know the law. We need to stop enabling the law enforcement agencies from getting away with this type of behavior by educating the public about the law and how to make it work for them the way it is designed to. What are you going to do when Nevada starts to put up MOTORCYCLE ONLY CHECKPOINTS? If you condone this type of behavior from law enforcement then you are part of the problem not the solution.
It has been a long known fact that police are more effective patrolling for impaired drivers than standing in the middle of the road harassing innocent citizens. These cops could be out stopping other forms of crime in the valley and looking for drunks on the road at the same time. It is also well known fact that these cops are manning checkpoints are on overtime and costing you a fortune in tax payer dollars what part of stimulus package don’t you understand ?
NRS 484B.580, Failure to stop at roadblock; penalties. It is unlawful for a person to;
1. Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself or herself to the traffic control established at the roadblock. (You must stop but you have the right to remain silent and I suggest that you use it).
Prior to entering the roadblock there will be an "escape route" to turn around or bypass the checkpoint. If legal you may bypass, however be prepared to get pulled over "illegally" for bypassing the checkpoint. Once again, keep it simple. Get the event # and hold the officer accountable as he has to have reasonable suspicion that you were committing a crime.
2. Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock. (An officer commanding you to waive your right to remain silent does not constitute a lawful order).
Successful responses include:
"Sir I do not consent"
"I elect to remain silent"
Never say more than is necessary
A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:
If the person is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.
(Added to NRS by 1987, 1073; A 1995, 1298)— (Substituted in revision for NRS 484.3595) ( This means if you don’t stop at all)
Now you are informed and you need to pass this info on to anyone who will listen. Until next time……..
WHEN INJUSTICE BECOMES LAW
RESISTANCE BECOMES DUTY
BONES
Edited for accuracy by: David Stilwell Guerrilla Lawfare Tactical specialist