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Originally Posted by Sprouts
But if you aren't doing anything illegal....there should be no worries. I'm not sure the consequences for an open container but I'm sure it is different than a DUI. I'm also not sure what the answer would be to your friend's situation but I'm assuming there is a way to prevent that scenerio. He probably also made changes so that scenerio would not happen in the future (I'm guessing). He was still operating illegally, even though it was with good intentions. For instance, just because a person drives to work without a licence or without auto insurance, doesn't make it any less illegal because his intentions were good. You can have some sympathy for the situation BUT it is still illegal. Road blocks are meant to catch illegal activity, not throw innocent people in jail. IMO, road-blocks aren't Unconstitutional BECAUSE driving isn't a right and there are stipulations for operationing a vehicle.
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What if laws are vague, and leave alot up to the interpretation of the police.
Example, say a cops says he "thinks" he smells alcohol on you. Could be bad cologne. He can claim you are drunk and that you need to submit to blood/alcohol tests. You have to submit to these tests, because if you refuse you will lose your license. I personally don't like having to submit anything to anyone, especially when they are iin the wrong. Innocent until proven guilty. Not guilty until I prove my innocence.
You are 100% in the right, not breaking any laws and they are infringing on your rights.