Well, they're at it again. Government officials are trying to shut down DUI checkpoint locators. The Fourth Amendment protects you from unreasonable search and seizure. Law enforcement roadblocks violate that right and have for years. The courts have permitted it. Doesn't mean they shouldn't expect technology to fight back.
Officials are writing companies like Research in Motion (RIM), Apple and Google protesting applications informing drivers of DUI checkpoint locations, according to The New York Times.
If you're currently facing DUI charges in Fort Lauderdale, Miami or West Palm Beach, it is critical for you to contact a Fort Lauderdale DUI defense attorney. A DUI checkpoint must be run under strict rules and regulations as law enforcement officials are required, by law, to treat every motorist equally. They must be properly trained to perform such sobriety tests and, most importantly, there needs to be probable cause for requesting that you submit to field sobriety tests or a breathalyzer examination.
"PhantomAlert", a common DUI checkpoint application, has approximately 500,000 locations listed in its database, which grows each time a driver sends in real-time alert regarding DUI checkpoint details. Based on the GPS data provided by the reporting user, the next driver that encounters the checkpoint while running the application will receive a warning. This program is also commonly used to warn drivers of speed traps. This application can be purchased and used for $9.99 a month.
Four Democratic senators recently sent out disapproving letters to hosts of the applications, stating that this type of software could be used by drunk drivers to avoid police sobriety checks, "putting innocent families and children at risk."
"These applications are nothing more than a how-to guide in avoiding law enforcement and they provide drunk drivers with the tools they need to go undetected," argued Senator Schumer of New York.
"With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers," the letter further stated. "In fact, it shouldn't even be available."
DUI checkpoints haven't been a worthwhile law enforcement tool for years. Cell phones, text messaging, Facebook and Twitter are all used to warn motorists. These and other simple forms of communication have been long helping to ensure that checkpoints are bypassed by legions of motorists.
Makers of the apps argue they are a deterrent -- and should be no problem for law enforcement, which has argued for years that the checkpoints are operated as a deterrent.
Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
