Critic Questions Legality of DUI Checkpoints - 8 News NOW

Critic Questions Legality of DUI Checkpoints

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LAS VEGAS -- Thousands of cars are expected to pass through two DUI checkpoints Friday night.

Metro police are setting up a checkpoint from 7 p.m. to 3 a.m. on Blue Diamond Road just west of Decatur Road. Henderson police will have a checkpoint from 8 p.m. to 3 a.m. at St. Rose Parkway and Eastern Avenue.

According to police, the special enforcement makes Las Vegas' roadways safer, but one critic refuses to cooperate with police at checkpoints.

He even records his encounters with officers on video.

Drivers just have to answer a simple question, "Have you been drinking?"

But Tim Farrell challenges officers when he is asked.

As lines form at a DUI checkpoint, police officers spend just a few short seconds at each car.

In a video, Farrell drives up to a checkpoint on Desert Inn Road.

"DUI checkpoint," an officer says in the video. "Have you had any alcohol to drink tonight? You're not going to answer any of my questions?"

Farrell, who is at a Summerlin-area checkpoint, declines to answer any questions.

"I'd like to remain silent," he says. "I do not wish to roll my window down."

Tim Farrell, who is a Republican candidate for Assembly District 10, said his reason for going to the checkpoint was to stand up for his rights and see how police officers reacted.

Farrell said he believes the checkpoints are unconstitutional.

"In reality, today the question is, 'Sir, have you been drinking?' Tomorrow, the question might be, 'Sir, have you done anything illegal today?' or, 'Sir, have you done anything illegal in the last 30 days?'"

In the video, the officer is heard telling Farrell he will be arrested for "resisting and obstructing."

"I'm not obstructing anything," Farrell tells the officer in the video.

Metro officer Bill Cassell said police officers enforce the laws, and those who take issue with the constitutionality of checkpoints should take their concerns to lawmakers.

"DUI checkpoints are very effective," Cassell said. "These are legal. They are constitutional. They are advertised before they occur."

Farrell said he's not anti-police and he's also against drunk driving.

Farrell said he wanted to emphasize that Metro officers have been responsive to his concerns about checkpoints and are also very professional.

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