Posted on March 31, 2009 by Walter Reaves

The DWI train has left the gate

The Texas legislature is in session, which generally means an attack on DWI laws. Every session a number of bills are introduced - most of them bad. Fortunately, few ever make it through the process though.

Texas is one of the few states without legislation authorizing roadblocks. That may change - the Senate yesterday passed a bill that would authorize roadblocks in very limited situations. If you are going to have roadblocks, this bill seems like it contains the appropriate limits. For one, it only applies to the 15 most populous counties, which leaves out many cities - like Waco. It also has a number of restrictions. Checkpoints are limited to 4 hours in lenght, and their existence (although not their location) must be publicized. There are also restrictions on where they can be set up. If you are going to have roadblocks, this appears to be as good as a bill as you are going to get; at least from the standpoint of protecting the ordinary citizen.

Another bill moving along is less circumspect. That bill would authorizie the collection of a breath or blood sample, even where the suspect refuses. Bassically, you can be forced to give evidence against yourself. If this bill passes, I wonder why you would even ask anymore. If you do ask, do you have to tell the person that you are going to get a sample even if they refuse?

With all the economic problems we have, you would think there would be better things to spend time on. This session appears to be no different than most though; crime is still a popular topic. Everyone likes to talk about how tough on crime they are. I'm not sure that is as important to voters as it is politicians, but the perception remains. If nothing else, you don't have to address the really important issues.

I'm sure there will be other changes discussed before the session is over. Stay tuned.

 

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Posted on October 23, 2008 by Walter Reaves

Roadblocks no matter what

Since I started blogging, I've come across many things I might never have known about - at least not until later. One of the best blogs is Grits for Breakfast, written by Scott Henson. He recently posted on an effort by the Texas Attorney General to re-instate TDPS roadblocks.  In 1994 the Courts held roadblocks were illegal, unless they were conducted pursuant to statewide standards. The court was obviously concerned over the intrusive nature of roadblocks, and wanted to make sure they were conducted only when necessary, and not merely as another tool of law enforcement (i.e. to catch DWI offenders). Since then, there have been no statewide standards, although there are plans to pass legislation in the upcoming session to authorize roadblocks.

In an effort to shortcut the legislative process, the attorney general is proposing to implement guidelines through the Texas Department of Public Safety. The plan is to establish guidelines that would authorize roadblocks by not just TDPS, but also by local police departments. The proposal is currently open for comments, and hopefully they will get a lot.

We have all set through traffic accidents, and know how frustrating that is. We know its unavoidable though, and live with it. How would you like to have to deal that on Friday and Saturday nights, when you are trying to get somewhere. Roadblocks have their place, but they should only be used in those rare occasions when its absolutely necessary. Let's hope common sense prevails, even though we are dealing with politicians.

 

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