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Old 05-15-2007, 10:43 AM
 
Location: Heading to the NW, 4 sure.
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After driving over 2200 miles this last month we went thru 4-5 Border Patrol checks in the Southern part of the state and then up north around Quemado
and Reserve had a couple State Police Roadblocks.
Wondering about the legality of these. There are, I think, checking for DWI, DUI and ?. The SP was very "military" and obviously noted that we were travelers, (Fla. plates on rental car...and could not find the receipt) but wished us a good day. Maybe my Fire Dept. Badge was noticed also..

But..I think these are good..But still wonder how many residents are frequently stopped, and any legal issues...
I would like to know why, if legal, other states with high DWI etc are not using this method..

Happy trails,
Hunter...
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Old 05-15-2007, 10:46 AM
 
Location: Tejas
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Its perfectly legal. Its the state doing it, so even it it wasnt, it could be NM has an extremely high Drink Drive ratio, I for one am glad to see roadblocks like that and drunks taken off the road. Sure, it takes me an extra 20 mins to get to my destination, but I didnt get rear ended and thats the main thing.
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Old 05-15-2007, 11:29 AM
 
Location: Metro Milwaukee, WI
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This is yet another one of those matters to strict constitutionalists such as myself that causes concern. However, I cede it is a tough issue. DWI is a major problem in NM (as well as many other states) and the problems / injuries / death that it can cause is very serious and a deadly problem.

However, I also cringe when roadblocks are in place...legally a car is regarded in NM as an extension of your home...what is next, the government just making random inspections of each and every house in a certain area just to make sure that "nothing illegal is going on." You could make the argument even for that...hey, if you aren't doing anything wrong, you have nothing to worry about (government searching your home, computer, etc., like stopping your car at roadblocks), however, the big question is just how much more and more government intervention people desire/tolerate in their lives in the name of safety. That is the $1-million question.

To answer your question - in adherence to the U.S. Constitution / Bill of Rights, no, roadblocks are not Constitutional and thus are illegal practices that have been made legal. However, transversely, the fact of the matter is that - they are legal - as there are plenty of un-Constitutional practices that should by those standards be illegal but are in fact legal.

Again...I cannot profess to have all of the answers on this one, and I can see both sides of the argument. In a state where 15-time DWI offenders are not uncommon and deaths happen as a result of DWI on the roads all the time in tragic fashion, I cede the necessity of battling it aggressively. Furthermore, I realize that unlike in a home, a car being driven on public roadways does impact others potentially fairly directly. So I see clearly that side of the coin and that argument.

However, I also fully see the privacy rights / issues that continue to be minimized and dwindled that - to folks that still pay attention to things like the Constitution and the backbone of the American way of life - are very important. Roadblocks, etc., trample on that.

There is no easy answer here. I just wish that other impairments for driving were treated as seriously as looking for DWI. Is DWI a major problem? Of course. However, this AM on my way to work on a very busy one-way street here in ABQ that leads to getting on I-25, a gentleman who likely was 85-90 years old pulled out abruptly from a stop sign into the 3 or 4 lanes going the completely WRONG WAY! Myself and several other cars (speed limit is 45 mph) had to swerve/slam on the breaks, etc. to avoid a serious collision...had I hit this guy, I really could've hurt not just myself but him especially due to his age seriously. It was amazing there were no accidents.

That driving maneuver was worse almost than any I have ever seen, even the times I have seen likely drunken drivers. The driver was more confused and impaired than most any drunk driver around.

Things like DWO (Driving While Old) or speeding may not be as sexy for politicians to get re-elected, to make sound bytes, etc., however they can be just as deadly / fatal, etc., and I wish we would start looking for real impaired driving (including drunk driving...not including talking on your cell phone) instead of just keying in on one (serious but serious among many) item via roadblocks, etc.
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Old 05-15-2007, 11:59 AM
 
Location: McKinney, TX
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Legal or not, border states need to have check points to control illegal immigration, also we are a country at war and need those check points for security reasons; I don't believe that they are trying to catch drunken drivers because that would be a very expensive method. Law abiding citizens don't need to worry
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Old 05-15-2007, 12:39 PM
 
Location: Metro Milwaukee, WI
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Quote:
Originally Posted by tito View Post
Legal or not, border states need to have check points to control illegal immigration, also we are a country at war and need those check points for security reasons; I don't believe that they are trying to catch drunken drivers because that would be a very expensive method. Law abiding citizens don't need to worry
DWI checkpoints (eg: roadblocks) are held all the time in New Mexico that are completely seperate to the illegal immigration roadblocks. DWI checkpoints (eg: roadblocks) are very common here.
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Old 05-15-2007, 06:08 PM
 
13,134 posts, read 40,612,339 times
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Quote:
Originally Posted by Hunter Wold View Post
After driving over 2200 miles this last month we went thru 4-5 Border Patrol checks in the Southern part of the state
They are everwhere in Southern NM and West Texas and Southern Arizona. They are on every major Highway/Interstate out of El Paso in all directions going into New Mexico. The last time went thru the station between El Paso and Alamogordo she (BP Agent) insisted i was acting nervous so they ran the Dogs thru my truck and found NADA.

As a former military veteran i say lets get rid of the Border Patrol and bring in the Army to defend us and our border....

Go Navy...Uss Sampson DDG-10
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Old 05-21-2007, 12:07 AM
 
20 posts, read 80,219 times
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Quote:
Originally Posted by tito View Post
Legal or not, border states need to have check points to control illegal immigration, also we are a country at war and need those check points for security reasons; I don't believe that they are trying to catch drunken drivers because that would be a very expensive method. Law abiding citizens don't need to worry
Actually, these roadblocks differ from those of the Border Patrol, which are found primarily in the southern part of the state. The roadblocks referred to in this thread are part of the state's "Operation DWI" program, which does, in fact, utilize local and state law enforcement in an effort to stop drunk drivers.

With the exception of a recent incident in Phoenix, where a teenager was pulled over by a police officer and was subsequently deported, police do not have the resources or legal power to deal with legal status as an impetus for investigation or for specialized roadblocks. Often times, if a person's residence is in question, police call in the Border Patrol, which is costly in and of itself if considered part of the roadblocks referred to in the original thread.

Again, DWI checkpoints are common occurrences in NM, as well as AZ (just went through one in metro Tucson on Ina Rd. a month ago), and is usually aimed at drunk and non-insured drivers.

You will find, on rare occasion, cooperative roadblocks with county, local and state police and the Border Patrol. Not as common, but they do exist.
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Old 05-21-2007, 02:37 PM
 
Location: Metro Milwaukee, WI
3,198 posts, read 12,710,770 times
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Quote:
Originally Posted by neoaznm View Post
Actually, these roadblocks differ from those of the Border Patrol, which are found primarily in the southern part of the state. The roadblocks referred to in this thread are part of the state's "Operation DWI" program, which does, in fact, utilize local and state law enforcement in an effort to stop drunk drivers.

With the exception of a recent incident in Phoenix, where a teenager was pulled over by a police officer and was subsequently deported, police do not have the resources or legal power to deal with legal status as an impetus for investigation or for specialized roadblocks. Often times, if a person's residence is in question, police call in the Border Patrol, which is costly in and of itself if considered part of the roadblocks referred to in the original thread.

Again, DWI checkpoints are common occurrences in NM, as well as AZ (just went through one in metro Tucson on Ina Rd. a month ago), and is usually aimed at drunk and non-insured drivers.

You will find, on rare occasion, cooperative roadblocks with county, local and state police and the Border Patrol. Not as common, but they do exist.
Very well stated.
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