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DeForest police set up fake OWI checkpoints

By ASSOCIATED PRESS   Thursday, October 30, 2008 - 8:33 a.m.
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DEFOREST, Wis. (AP) This weekend DeForest police will again be intentionally creating the false impression of a random checkpoint for drunken drivers.

Such a checkpoint is illegal in Wisconsin and 11 other states.

About three weeks ago, police set up a fake checkpoint along Highway V. Officers wore bright reflective vests, set up cones and electronic road signs warning of a "OWI task force ahead."

But instead of pulling over drivers randomly, officers stopped motorists for any infractions they spotted, including a broken license plate light. That effort resulted in 10 citations, 30 warnings and one non-alcohol-related arrest.

Dane County has had 29 traffic fatalities so far this year, 15 of which were alcohol-related.




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(16)
gpawcat
Oct 30, 2008 at 1:21 p.m.
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Illinois has had this checkpoint for 20 years. Now when they want to search your car without a warrent, the officer throws your license back into the vehicle and orders you out pretending they can't find your license looking under the seats & everywhere else.

janesvillean
Oct 30, 2008 at 12:20 p.m.
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These might just barely pass muster and even if they're challenged in court (presumably by an OWI chargee) they probably feel the deterrent factor is worth it. You wonder how well that goes, though, when there's so much publicity about them, and they would have to have a good reason to pursue someone evading a fake checkpoint (that's the real point, that they can force all or a random sample of drivers to be checked, and that's what's illegal here).
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I think the long run solution has to be attacking Wisconsin's drinking culture, and reducing the number of bars. See the Journal-Sentinel series:
http://www.jsonline.com/news/30565984.ht...
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The state does have the most lenient OWI law in the nation; it isn't a felony until the fifth offense (it's the third in MN, IA, and IL). I don't believe that jail time is proven to be the deterrent that others think it is, though. This is a public health issue as much as it is a crime issue.
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The state definitely should consider raising the beer tax, which is the 3rd lowest in the country.

outdoors
Oct 30, 2008 at 11:58 a.m.
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No one was working around the law. They stopped vehicles for violations. No one who was not violating law was stopped or impeded. I have a feeling some of you think that cops sitting outside of bars waiting for drunk drivers is unfair, as if they need some sort of head start.

rexkramer
Oct 30, 2008 at 11:44 a.m.
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I'm usually one who falls on the side of LE on these matters but I think this is a bit over the line. It's still a checkpoint no matter how you slice it. Just because you tweak it a little and call it by a different name doesn't make it so. We may as well get used to the idea though cuz if Diamond Jim is already talking about the idea all it will take is the right group to line his pockets with a campaign contribiution before it turns into law. That or wait until the Feds blackmail the 11 remaining states with federal highway fund money like they did with the seatbelt law and the .08 OWI law change.

sannio
Oct 30, 2008 at 11:08 a.m.
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It's not the duty of the police to find creative workarounds to the law.

freddog
Oct 30, 2008 at 10:59 a.m.
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what's legal and what's not legal is decided by who you are, it wasn't fake , they were there actually doing it, let's have fake bank robberies ok, no harm done, follow the leaders, if the law can be gotten around by saying it's fake, lets do it, it's always two faced, set up checkpoints, see if our papers are in order, send us to a siberian camp, who says we have freedom anymore..

outdoors
Oct 30, 2008 at 10:38 a.m.
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No one is giving up any liberties. The police are enforcing existing laws. Even the use of deception is necessary in law enforcement. Consider undercover work, when asked "are you a cop" how stupid would it be if they had to answer "yes". In this case the police did nothing wrong and I commend them in their efforts to catch dangerous drivers.

prevention
Oct 30, 2008 at 10:38 a.m.
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You won't create an accident if you remember the whole concept of Defensive Driving that is obviously not a part of WI driving.

Opinionsforfree
Oct 30, 2008 at 10:26 a.m.
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Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.

Benjamin Franklin,

chemical_6
Oct 30, 2008 at 10 a.m.
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If you are not drinking and driving then you should have nothing to worry about. But if you are you should be stopped, arrested and thrown in jail. I wish they would do this in Janesville so that people wouldn't drink and drive, sometimes killing innocent people. They gave out more warnings than anything, showing me that if you have a simple headlight out... that as long as you were not drunk, they would give you the warning and let you be on your way.

thekid3477
Oct 30, 2008 at 9:52 a.m.
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oh i see. the actual check points are illegal...but the fake ones arent. i wonder how life would be if uncle sam decided to remove his head from his...

thediplomat
Oct 30, 2008 at 9:41 a.m.
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Wow, this is not a smart thing to do. The police are just asking for trouble. This may cause an accident with people trying to avoid it.

garyprimer
Oct 30, 2008 at 9:18 a.m.
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Does anyone care about the Constitution? How many police officers does it take to change a light bulb?

raystone
Oct 30, 2008 at 8:58 a.m.
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Even in states with legal "checkpoints", the data proves they are more expensive and use more resources than simply patrolling for drunken drivers. It's all a move to a increased police state in this great country.

Ernie
Oct 30, 2008 at 8:52 a.m.
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Because if they can find any other infraction of the driver and fault on the vehicle, Then its legal.

thekid3477
Oct 30, 2008 at 8:39 a.m.
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ummm if this is illegal in wi how can they get away with it??

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