Public Service or Obstruction of Justice?

Published for NC Criminal Law on June 19, 2014.

Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving after they’ve had too much to drink because of the perception that they might be subject to a random and surprise stop. In fact, the National Cooperative Highway Research Program has said that checkpoints “must be widely publicized, since the primary goal, and primary benefit is to discourage individuals from driving after they have been drinking.” But concerns have arisen that the effectiveness of DWI checkpoints easily can be undermined in this age of social media and instant communication.  If drivers believe they can readily learn of checkpoints’ location and thereby avoid being stopped, the efficacy of this safety measure presumably will decrease. Several mobile apps purport to alert drivers of checkpoint locations. A San Diego news station reported that about 10,000 people downloaded the app “Mr. Checkpoint,” before New Year’s Eve last year.  The developer of that app, which provides notice of checkpoint locations in California, claims that it discourages drinking and driving, rather than working at cross-purposes with police. Closer to home, a Facebook page called Police Roadblocks in Wilmington, NC Area," invites area drivers to share the locations of checkpoints they encounter.  The page states that its purpose is not “to encourage driving under the influence,” but to help people “avoid the hassle of the currently legal but questionable tactics that police currently employ.” Wilmington news station WECT recently [...]