# Md. Officials Want To Ban DUI Checkpoint Mobile Apps

**URL:** <https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048>\
**Category:** In My Humble Opinion\
**Created:** [April 3, 2011, 4:36pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048 "2011-04-03T16:36:34Z")\
**Posts on this page:** 18\
**Page:** 1

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [April 3, 2011, 4:36pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/1 "2011-04-03T16:36:34Z")

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[Story here](Md. Officials Want To Ban DUI Checkpoint Mobile Apps)  
Can they really ban an app because it tells people where the checkpoints are?

> [@](#):
>
> Smart phone technology can be a driver’s dream. It has GPS features for directions and if there’s trouble, cell phones have quick-dial emergency buttons.
> 
> But now, Google and Apple have a cell phone software that pinpoints exactly where police have set up DUI checkpoints. Maryland’s Attorney General, Doug Gansler, wants it off the market.
> 
> “It’s much like giving a robber a key and the alarm pad code to go rob a bank on a map. It’s just not appropriate, it doesn’t help society and people die as a result,” he said.
> 
> State police agree; they want the app nixed, too

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [April 3, 2011, 4:45pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/2 "2011-04-03T16:45:31Z")

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They don’t ban radar detectors, CB radios, or flashing your lights to tell someone a speed trap is up ahead. I really doubt a drunk driver is going to check an app before driving. The whole problem with drunk drivers is they’re not thinking clearly. They either 1) don’t think they’re drunk, or b) are too drunk to be careful.

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**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\
**Post date:** [April 3, 2011, 4:59pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/3 "2011-04-03T16:59:36Z")

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Where I live (Ontario), they have indeed banned radar detectors. I think there was a court case involving someone getting a ticket for flashing the lights to warn other motorists about a speed trap, but I may be misremembering. CB radios are still legal, though I haven’t seen one in years.

It’s an interesting question. Would this ban be only in Maryland? A phone is not a special-purpose piece of hardware, like a radar detector. Would visitors have to erase such apps from their phones when arriving? Would the police then have the right to search through phones looking for such an app?

(Do the states differ on whether radar detectors are banned?)

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**Author:** ![appleciders](https://avatars.discourse-cdn.com/v4/letter/a/85f322/32.png) [@appleciders](https://boards.straightdope.com/u/appleciders)\
**Post date:** [April 3, 2011, 6:38pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/4 "2011-04-03T18:38:36Z")

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> [@Sunspace](#):
>
> Where I live (Ontario), they have indeed banned radar detectors. I think there was a court case involving someone getting a ticket for flashing the lights to warn other motorists about a speed trap, but I may be misremembering. CB radios are still legal, though I haven’t seen one in years.
> 
> It’s an interesting question. Would this ban be only in Maryland? A phone is not a special-purpose piece of hardware, like a radar detector. Would visitors have to erase such apps from their phones when arriving? Would the police then have the right to search through phones looking for such an app?
> 
> (Do the states differ on whether radar detectors are banned?)

Yeah, they do; they’re illegal in Virginia, I know, and legal in many other states.

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**Author:** ![MsRobyn](https://avatars.discourse-cdn.com/v4/letter/m/90ced4/32.png) [@MsRobyn](https://boards.straightdope.com/u/MsRobyn)\
**Post date:** [April 3, 2011, 8:12pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/5 "2011-04-03T20:12:02Z")

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I’d use such an app to avoid checkpoints not because I’m drunk (I don’t even drink at all), but because I’d want to avoid the hassle of dealing with Sparky the Wonder Cop and the long lines of people waiting to be checked.

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**Author:** ![king\_gorilla](https://avatars.discourse-cdn.com/v4/letter/k/9fc29f/32.png) [@king\_gorilla](https://boards.straightdope.com/u/king_gorilla)\
**Post date:** [April 3, 2011, 8:32pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/6 "2011-04-03T20:32:29Z")

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They can outlaw the app, someone might eventually try and test it by suing. Personally I think it’s a waste of time. The system is dependent on user alerts. If law enforcement really wants to discourage use, just make it unreliable by flooding the system with a copious amount of false alerts! Better yet use false alerts to divert traffic toward your stop. Hell, just sick the MADD ladies on the app. I’m sure they would happily register hundreds of false stops every weekend which would render the app useless.

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**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\
**Post date:** [April 3, 2011, 9:32pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/7 "2011-04-03T21:32:46Z")

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> [@appleciders](#):
>
> Yeah, they do; they’re illegal in Virginia, I know, and legal in many other states.

Radar detectors are legal in every state except for Virginia, and are also banned in Washington, DC and all military installations.

They are banned nationwide for commercial drivers.

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**Author:** ![Yeticus\_Rex](https://avatars.discourse-cdn.com/v4/letter/y/a698b9/32.png) [@Yeticus\_Rex](https://boards.straightdope.com/u/Yeticus_Rex)\
**Post date:** [April 3, 2011, 9:38pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/8 "2011-04-03T21:38:31Z")

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Isn’t this in the wheelhouse for First Amendment rights?

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**Author:** ![Edward\_The\_Head](https://avatars.discourse-cdn.com/v4/letter/e/ce73a5/32.png) [@Edward\_The\_Head](https://boards.straightdope.com/u/Edward_The_Head)\
**Post date:** [April 3, 2011, 9:53pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/9 "2011-04-03T21:53:28Z")

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The funny thing here in Maryland though is they have to say ahead of time when and where they will be putting the checkpoint up. They also have to tell us where they put up the red light and speed cameras. So what’s the difference anyway?

In my 22 years of driving I’ve never been through a checkpoint here in Maryland, and the first time I’ve ever been through one was in West Virginia and that was late last year.

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [April 4, 2011, 1:07am UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/10 "2011-04-04T01:07:12Z")

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> [@Yeticus\_Rex](#):
>
> Isn’t this in the wheelhouse for First Amendment rights?

Yes, and the Attorney General of Maryland agrees. He just wants Apple and Google to voluntarily stop selling the apps:

> **[Md. Officials Want To Ban DUI Checkpoint Mobile Apps](https://www.cbsnews.com/baltimore/news/md-officials-want-to-ban-dui-checkpoint-mobile-apps/)**
>
> State police say there's a new way drunk drivers are getting around their DUI checkpoints. They download detours on their cell phones. Now the state wants to keep the software away from drivers.

> [@](#):
>
> Gansler admits that the app isn’t illegal and it’s protected under the First Amendment, but he says that hasn’t stopped him from writing Google and Apple asking them to stop making the app available to drivers.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [April 4, 2011, 1:44am UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/11 "2011-04-04T01:44:58Z")

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> [@Airman\_Doors\_USAF](#):
>
> Radar detectors are legal in every state except for Virginia, and are also banned in Washington, DC and all military installations.
> 
> They are banned nationwide for commercial drivers.

[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1079](http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1079)

(not legal advice! Danger Will Robinson!) Apparently, in Virginia, radar detectors are not illegal to possess, only to use. So, in theory, if your fuzz buster is unplugged, they can’t nail you under this statute.

They also can’t be sold in the state.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 4, 2011, 4:04am UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/12 "2011-04-04T04:04:36Z")

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> [@robert\_columbia](#):
>
> [http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1079](http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1079)
> 
> (not legal advice! Danger Will Robinson!) Apparently, in Virginia, radar detectors are not illegal to possess, only to use. So, in theory, if your fuzz buster is unplugged, they can’t nail you under this statute.

I think you might have missed this part:

> [@](#):
>
> Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.
> 
> B. A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source **and was not readily accessible for use** by the driver or any passenger in the vehicle.

So unplugged detector in the trunk, okay. Unplugged detector on the dash, probably not okay.

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**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\
**Post date:** [April 4, 2011, 2:19pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/13 "2011-04-04T14:19:48Z")

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Someone ought to make a fake radar detector with blinky lights. Of course I am becoming more and more a troublemaker as I age.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 4, 2011, 2:23pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/14 "2011-04-04T14:23:08Z")

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[You’re hardly the first to think of it…](http://www.policeabuse.com.au/viewtopic.php?f=21&p=53)

…although I don’t think the point of your idea is to fake out the owners themselves.

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**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\
**Post date:** [April 4, 2011, 2:35pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/15 "2011-04-04T14:35:51Z")

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> [@Edward\_The\_Head](#):
>
> The funny thing here in Maryland though is they have to say ahead of time when and where they will be putting the checkpoint up. They also have to tell us where they put up the red light and speed cameras. So what’s the difference anyway?
> 
> In my 22 years of driving I’ve never been through a checkpoint here in Maryland, and the first time I’ve ever been through one was in West Virginia and that was late last year.

I wonder if that’s in all states, because AFAICT, the DUI checkpoints are announced ahead of time and made public knowledge in Indiana, Kentucky and Ohio as well.

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [April 4, 2011, 2:48pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/16 "2011-04-04T14:48:28Z")

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Ditto California. They announce them before every major holiday that involves “celebrating.”

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [April 4, 2011, 2:56pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/17 "2011-04-04T14:56:26Z")

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A few weeks back I was in a bar. The bartender turned off the jukebox, and announced the location of a DUI checkpoint. I asked her later how she knew. A customer called her with the info. So, now there’s an app for that?😉

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**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\
**Post date:** [April 4, 2011, 3:21pm UTC](https://boards.straightdope.com/t/md-officials-want-to-ban-dui-checkpoint-mobile-apps/577048/18 "2011-04-04T15:21:05Z")

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> [@silenus](#):
>
> Ditto California. They announce them before every major holiday that involves “celebrating.”

I know. The real vicious checkpoints with K-9 dogs and passport checking come out on June 14th around here.
