Lawmakers file bill to ban sobriety checkpoints

Boston Globe | February 22 2005

PROVIDENCE, R.I. -- Democratic House lawmakers have introduced a bill that would outlaw roadside police checkpoints used to identify drunken drivers.

Rep. Charlene Lima, of Cranston, is the bill's prime sponsor. She said the checkpoints violate people's civil rights, and "smack of a police state." The American Civil Liberties Union also opposes the idea.

Law enforcement agencies, backed by the group Mothers Against Drunk Driving, defend the practice, citing the state's high alcohol-related deaths. Rhode Island has led the nation for three consecutive years in alcohol-related fatalities, according to The Providence Journal, citing studies in which 2003 was the last year recorded.

Police checkpoints have been illegal in Rhode Island since a court ruling in 1989 that they violate search-and-seizure provisions in the state constitution. The U.S. Constitution allows them. Rhode Island is one of 11 states that prohibit the practice. The other states are Alaska, Idaho, Louisiana, Michigan, Minnesota, Oregon, Texas, Washington, Wisconsin and Wyoming, according to the National Highway Traffic Safety Commission.

In December, Attorney General Patrick Lynch said he wanted the state Supreme Court to revisit the ban. Under the state constitution, Gov. Don Carcieri may ask the high court to examine a legal issue.

Spokesman Jeff Neal said the governor has not decided whether to approach the court.

"There may well be other ways to reduce (drunken driving), and that's what (Carcieri) is exploring with the state police. Number two, there are significant civil liberty concerns with checkpoints, and those concerns need to be balanced with reducing drunken driving in Rhode Island," Neal said.

Lima said the bill is intended to bar checkpoints, or roadblocks, even if the state Supreme Court changes its mind. She also said she supports increasing the penalty for first-time offenders to a mandatory 60 days in jail. Other bill sponsors include House Majority Leader Gordon Fox and Rep. Joseph Almeida, the House deputy majority leader and a bar owner.