Hawthorne Police – Violating California Law at DUI Checkpoints

California law says that police officers SHALL inform subjects that they aren’t required to take FST’s or breathalyzers prior to arrest.

23612 CVC
(i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
The person’s obligation to submit to a blood, breath, or urine test,
as required by this section, for the purpose of determining the
alcohol or drug content of that person’s blood, is not satisfied by
the person submitting to a preliminary alcohol screening test. The
officer shall advise the person of that fact and of the person’s
right to refuse to take the preliminary alcohol screening test.

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Author: phillynews215


24 thoughts on “Hawthorne Police – Violating California Law at DUI Checkpoints

  1. Ever heard of DAMM? That's Drunks Against Mad Mothers, and they were created with tongue in cheek, decades ago in retaliation of the over the top efforts of MADD. Drunks driving have to be reigned in, no question about that, but cutting no slack to someone driving exaggeratedly slow to compensate makes you their enemy. Officers must have the option to just let a suspected drinker get on home or arrest them.

  2. What happens if you're arrested but not drunk? Why can't you sue the PD for wrongful arrest? I'm so confused about America, how can people insist so much on certain rights (right to bear arms) but let other rights get violated.

  3. why do you have to be such an asshole, just let these cops do there fucking job, those are the same people that put their lives at risk day in and day out! they have one of the hardest and most stressful jobs in america, and then they have to deal with you heckling them, people are not perfect, i understand you have every legal right blah blah blah but you dont have to be such a dick about it

  4. I wonder how many people get off because the cops broke the law and didn't inform them that the tests were voluntary. Or do the cops lie and claim that the suspect WAS informed when it goes to trial?

  5. The moment an officer ask you to step out and participate in a FST, the officer at that point believes he has RAS that a crime has been committed. He doesn't have probably cause yet hence why they will intimidate you or threaten you with arrest to perform the test. That test will give him the PC he needs to affect an arrest. If you refuse to take that test and the officer places you under arrest with only RAS that you were drunk, he is taking a gamble at that point. Gambling that a warrant will be issue to draw blood, you relent to a breathe test at the jail with hopes it shows you are above the limit. Never answer questions or preform any FST PERIOD! Let them take that risk of arresting you absent PC, don't assist them.

  6. As much as I appreciate the work that you do, as well as TZ, how many people are killed each year by drunk drivers? How much pain and injury is inflicted on the families and victims of this crime?  We all know that it is illegal to drink excessively and drive. You have  fundamental right to drink, however driving on the highway system is a privilege extended by the State. The rules are made up by the State. If you do not follow the rules, you will suffer the consequences, which may mean losing your driving privileges.  It is spelled out in the law.  One can say the do not want to take the breath test, but it also allows them to withdraw your privilege to drive if you do so. I think that is what the officer is trying to tell you.

  7. Good job Kat,, you are correct,, cops work as a team to hammer your ass all in the name of money.. The city needs to pay back the bankers.. Dan's friend LT. G is an idiot..

  8. There's no doubt in my mind that if CA wanted to do away with Dui's they could do it overnight. First Dui, 6 months mandatory, second would be 2 years, 3rd, 5 years. But it's a huge money maker and they'd never want to put an end to that money train…

  9. I do not and have never drunk alcohol (nor have i ever ingested any other recreational substances). I will never volunteer for any field sobriety tests. As there is zero valid reason to test me, there is zero valid reason for me to allow such a test. it is explicitly not my job to prove my innocence, to assert and defend my rights.

  10. Local corporate news outlets often will have an article or a short evening news segment about DUI checkpoints.  They never cover the issues and the truth about these checkpoints.   All they do is repeat the talking points that the police give them.  The corporate media ever ask any tough questions and never investigate to see if the police are following the law.

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