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Stupid Case File for January 29, 2006

Sometimes, It's The State Supreme Court That Is Stupid

Courtesy of Image hosted by Photobucket.com

BISMARCK, N.D. — A judge has thrown out a Bismarck drunken driving case because the driver did not have the option of turning around at a checkpoint.

Brett Ehli was arrested in September during a checkpoint run by the North Dakota Highway Patrol. Ehli was charged with drunken driving and possession of contraband.

Drivers are pulled over at a checkpoint — and Judge Burt Riskedahl said the patrol did not run the operation correctly.

A North Dakota Supreme Court ruling says checkpoints have to be set up to let drivers avoid getting stopped without violating traffic laws.

In Ehli's case, the judge said the only way he could avoid getting stopped was to break another traffic law.

Highway Patrol Captain Mark Bethke said the ruling will change how drunken-driving checkpoints are run.


Blogger Sapphire said...

Is that judge for real??!!

January 29, 2006 10:04 PM  
Blogger Oana said...

I don't know how the law works in the US, but based on my vague understanding of Canadian law, not giving you an out at a checkpoint is equivalent to detaining you. To detain you, police must show reasonable cause, which they probably can't for every single person driving through their checkpoint. But it's possible I'm way off.

January 30, 2006 1:42 AM  
Blogger ProfessorGQ said...

who did this judge sleep with to get that kind of power???

January 30, 2006 12:03 PM  
Blogger JoRidley said...

I second that!


January 30, 2006 4:28 PM  

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