Issues at a sobriety checkpoint - NY

[JoeS5]

What is the name of your state (only U.S. law)? NY

While driving this past weekend (roughly 11pm on Friday), I passed through a sobriety checkpoint while exiting a parkway.

I stopped and rolled my window all the way down. The trooper approached and asked if I had been drinking that night, where I was coming from, and where I was going to. I politely informed her that I do not answer any questions. She continued to repeat the questions a few more times (each met with the same response) before ordering me to park on the side of the street at 'checkpoint b.'

Once there, the loop of questioning continued until she called over her supervising officer.

He then repeated the same question, heard the same answer, and then stated that the courts had declared that sobriety stops were constitutional, that driving is a privilege, not a right, and that, if I continued to refuse to tell them where I was coming from and going to, they would have me arrested. I asked what I would be charged with since that I had stopped for their checkpoint and followed their orders, but will continue to exercise my right to remain silent. I then asked if I was free to go.

At that point, he said he didn't have time for this, opened my door, forcibly pulled me from my vehicle and walked/ threw me on the hood of the car, demanded my license and made a signal to the original officer before walking away (I suspected to check my license).

I was then ordered to go through the full battery of sobriety tests while they walked the dog around my car.

20 minutes later, after easily passing every test they threw at me, the original officer handed me my license, told me I was lucky they decided not to search my car, and said I could finally leave.



Now, while I know I could have been through there in 20 seconds if I simply told them where I was coming from and going to, but my questions to you all are:

Am I legally required to answer any and all personal questions at a random sobriety stop? Could they have actually arrested me for impeding them? Was he allowed to open my door and forcibly remove me from my car? And is there anything I could/ should do or say next time to avoid the extra harassment or abuse - while still refusing to answer those questions?


I hadn't had any alcohol that night, had nothing illegal in the car, wasn't coming from or going to any place where I shouldn't be, and had nothing to hide. I just have numerous trust issues due to LEO lying and abusing their power in the past and I refuse to answer anything I don't absolutely need to.

 

[HighwayMan]

You are required to produce your driver license or some other form of government issued photo identification when stopped while driving. You didn't say whether or not you were initially asked for any identifying documents. Failure to produce identification in a case like this can result in arrest.

Unless there is some other reason to extend the stop for further investigation (e.g. odor of alcoholic beverage on your person or in the vehicle) there is nothing more that can be done to you. You are not required to answer any questions other than the basics relating to your license, registration, insurance, etc.

Without further circumstances which would have demanded further looking into, there was no reason to keep you detained longer. Sounds like some testosterone was involved, so to speak (yes, I know the contact trooper was a "she").

Feel free to make a complaint to a supervisor (probably a zone sergeant) at the NYSP troop headquarters involved. Or if you are so inclined consult with an attorney to discuss the possibilities here.

 

[HighwayMan]

By the way, failing to answer the basic questions you described, though not required, certainly does raise suspicion to a degree and would certainly justify a reasonable extension of the stop to check you out, although what you describe doesn't appear reasonable.

I would take an extra few minutes and perhaps ask you to step out of your vehicle to better evaluate your condition and to see what, if anything, was visible inside of your vehicle.

At that point if I detect no impairment, no aromas of alcoholic beverage, marijuana, etc around you or your car, your license and registration are valid, and I don't see (in plain view) anything that would further raise my suspicion level then you'd be on your way.

 

[JennK2009]

Here's some fun reading for you - http://www.roadblock.org/rights/

Somewhere on that site it mentions printing something out to give to the officer ascertain your rights, but I would suggest memorizing a good paraphrase. LEOs are not obligated to read something you hand them as it is a possible distraction to their own safety. You have to stay steady and respectful when invoking your rights.

 

[CdwJava]

If the arrest was based solely upon your failing to answer the questions you wrote, then this has "bad" written all over it.

If, however, you failed to turn over documents that you are required to provide under state law, then that could result in an arrest and might justify their actions.

Consult a good defense attorney if charges are ultimately filed, and you might want to consult a civil attorney if you desire.

And, yeah, for me I'd tell them that I had nothing to drink and where I was coming from and going to. Not because I have to, but because 20 seconds is easier than 20 minutes and I believe that while there are hills to die on, most are best to simply walk around.

 

[JennK2009]

Where was the arrest?

 

[HighwayMan]

There was no arrest.

I would not be reading any pieces of paper a motorist handed me on a traffic stop, other than their registration and insurance card.