Stripped of his rights or did he bring this on himself? (Cop Video)

Sounds like you handeled it well. And letting the criminals go is a real problem.

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My husband really is a practicing lawyer who does mostly criminal defense and some family law.

He says in the states where it's allowed, it's not allowed in all states, you have to lower your window, OR pull over and get out of the car. Like it or not, the cops can stop you in a DUI checkpoint without probable cause. Now you will notice, if you watch the video CAREFULLY, the driver, although he refuses to lower his window, does pull over and get out of the car. He has complied 100% with the requirements. And the cop knows it.

You do have to comply with the law whatever it is. But it is not illegal to give a cop attitude. It is not illegal to be rude to a cop. After the driver complied with the law and demonstrated that he was not under the influence, the cop should have sent him on his way. Everything the cop did after that was decidedly unprofessional.

A cop who always does his job professionally, will be respected and have his job as long as he wants it. But the cops here who think this cop in the video was in the right, should carefully examine their attitudes. They are running a risk of putting themselves in a situation where they could lose their badge.

The above comments are by my husband, not me.

 

No idea. Every case is different, but this happens far too often. I found out too late in the day to get answers, but I hope to speak with the prosecutor tomorrow.

 

I don't think roadcheck locations are announced here in Virginia. They seem to set them up anytime (day or night) and in the stretches of road that you never see them until you're right up on them. It was always my impression the police wanted to catch the offenders in the act, not give them a heads up. I do believe both methods deter (or should) someone from drinking and driving.

AND while we're on the subject, on average, how many beers can someone have before they go over the limit? (Yes, I realize everyone is different but on AVERAGE?). The legal limit in VA is 0.08. What if I've had a couple beers and get pulled over? Do I do a field sobriety test that I'll inevitably fail? Breathalizer?

DISCLAIMER: I'm not implying that I drink and drive but I do on occasion have a couple beers when we go to dinner.

 

That is weird. How do charges get dismissed when you already obtained and served warrants? He is probably working........

 

I worked for a Sheriff's Department and now still in Law Enforcement and will not comment in detail on stuff like this because everyone has an opinion. Everyone will think theirs is correct and others think they are wrong. That is all!