Drivers Challenge DUI Checkpoints

Reported by: Bill Mitchell

Edited by: Ashley Henderson
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Updated: 7/11/2013 7:44 pm
DADE CO., GA. (WDEF) -- Police agencies all over the country use check-points to get impaired drivers off the road.
They're used during almost every holiday period, and police say there's no doubt they work.
But some drivers question the legality of the traffic stops---claiming they're a violation of 4th amendment rights.

This home-made video of a July 4th traffic check point near Murfreesboro, Tennessee has gone viral.
With more than 3 million hits so far, it shows a young driver challenging an officer who asks for his driver's license and proof of registration.

It appears driver deliberately provoked it, since he already had a video camera rolling to capture the entire incident.
But he's not the only driver to resist when stopped at a checkpoint.
It happened closer to home.
Alex McElhaney of Dade county spent 14 hours in jail for refusing to hand over his license in June.

ALEX MCELHANEY, ARRESTED AT CHECK POINT "I believe my 4th amendment right is the right to be secure in a peron's houses and effects against undue searches and seizure. "

McElhaney says he is not part of any organization challenging check points. But he admits he clips his driver's license to his cell phone. He took a short video during his stop at a check point last month.

ALEX MCELHANEY "I was recording it like I had my driver's license on me and that's how I was recording the situation."

Corporal Andy Gideon was the Georgia State Patrol Officer who arrested McElhaney.

CPL. ANDY GIDEON, GSP "He asked me if I was detaining him ..And after a period of time trying to explain the law and just show the license and once it was verified he'd be able to proceed..he continued to not produce or exhibit his license."

Corporal Gideon says state law determines exactly when and how a person can be arrested.

CPL. ANDY GIDEON "In this case he was asked to step out of the which time he was charged with obstruction of that officer to do his duty he's required by that law to do."

McElhaney, who is a graduate of Dade County High School, says he resisted the officer's orders because he wanted to demonstrate his conviction that America's liberties are being threatened.

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