There will be an OVI checkpoint somewhere in the area this week, but the Ohio State Highway Patrol has not announced the location or day yet.
The patrol announced in a press release Monday morning from Ravenna that sometime in the next seven days a sobriety checkpoint will be set up to "deter and intercept impaired drivers."
The day before the checkpoint is set up, the county where it will take place will be announced. The morning of the checkpoint, the location will be announced.
"If you plan to consume alcohol, designate a driver or make other travel arrangements before you drink. Don't let another life be lost for the senseless and selfish act of getting behind the wheel impaired," a press release stated.
Wherever the checkpoint is set up, local law enforcement agencies will help with the operation, according to the state highway patrol.
To find out when and where, check back with Patch.
The Ohio Supreme Court in State v. Goines adopted a four-part test espoused by the US Supreme Court. The court stated a vehicle may be stopped when all of the following factors are present: 1. A checkpoint or roadblock location is selected for its safety and visibility to oncoming motorists, and 2. The police provide adequate advance warning signs, illuminated at night, timely informing approaching motorists of the nature of the impending intrusion, and 3. There are uniformed officers and official vehicles in sufficient quantity and visibility to show the police power of the community, and 4. There is a predetermination by policy-making administrative officers of the roadblock location, time and procedures to be employed, pursuant to carefully formulated standards and neutral criteria.
And if you don't do that, then you know where to avoid it so you're not delayed (the exact locations will be announced).
In Ohio there are a variety of ways to charge people with OVI. It is unclear how people taking prescriptions (appropriately) for things like amphetamines (for ADHD or Narcolepsy) would fare. It seems the best choice is to refuse the blood, urine and breathalizers if in doubt. There is no protection from "unreasonable search" in this country anymore.
http://www.defencelaw.com/alcohol-3.html There is also a good overview of how blood alcohol levels are calculated at http://www.elegantpie.com/alcohol-doses.html
There's been too many innocent motorists killed at the hands of irresponsible drivers (i.e. the 4 BGSU girls killed by a wrong-way driver).
I wasn't aware alcohol was a factor in the Bowling Green tragedy. Stopping people at random will not weed out "bad" or "irresponsible" drivers.
I have been through these checkpoints before, oddly enough i NEVER get tossed into jail. Perhaps its because i don't drink, or maybe because my meds do not make it dangerous for me to drive.
My concern is constitutionality. Why don't we randomly stop cars and search for illegal firearms? I imagine such random searches would prevent the deaths of some victims of homicide. I agree that if you are going to drink, walk But I still believe random searches and demanding blood tests/urine tests are unconstitutional. Where is the line? First rule of history (S. I. Roberts; Youngstown State University) "No one who has power gives it up willingly and only seeks to increase it." With that I'll move on to the next blog.
Secondly, stopping people at random is NOT "unreasonable search." How do you even draw THAT correlation? Your property (car) is not "searched" unless you've given them reason (suspicion). If you're asked to pull off to the side and you start acting odd, then it starts to give the police suspicion that you're up to something or have something to hide (driving on a suspended license? Warrant?) These checkpoint locations are announced and the times they'll be conducted. You can avoid them. Plus, when you're on the road, it's a public safety issue. And, last I heard, you have to consent to a blood test; it just can't be taken from you. An officer would essentially need a court order via a search warrant -- or your consent for the blood test. AND you must be placed under arrest for the test to be valid as well (if my understanding of State v. Rawnsley is correct).
Not saying our local police are bad...I don't believe that. But know your rights. Don't DUI. Avoid checkpoints even when sober. Vote with knowledge. Pay taxes. Be responsible for yourself and your community.