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Board Certified - Criminal Law - Texas Board of Legal Specialization

Criminal Law Blog

April 13, 2005

Sobriety Checkpoints Legislation Will Only Mean CB Radio Sales Will Skyrocket

There’s a bill before the Texas Legislature, HB 309, which would allow DPS and any sheriff’s department or police department to set up “sobriety checkpoints.” If made into law, this bill will probably not have the effect its proponents hope for.

Why?  First, let’s look at the bill for a moment to see what it does.  HB 309 provides that “the design of a checkpoint may require that each motor vehicle passing through the checkpoint be diverted to a location adjacent to the highway or street to ensure safety.”

Now, ask yourself, “when was the last time I saw semi-trucks actually being weighed at a weigh station next to the highway?” If your answer is something like, “I can’t remember,” or “it’s been quite a while,” then you probably already see my point. 

The first trucker directed into a weigh station will go out on the radio and announce that the weigh station is active.  Then, all the truckers headed the same way will find an alternate route to get where they are going. 

HB 309 would add Chapter 65 to the Code of Criminal Procedure with the heading “Sobriety Checkpoints.” They might as well title it “Citizen’s Band Radio Manufacturers’ Full Employment Act,” because people who have angrily waited in line for just one of those checkpoints will gladly wait in line to buy a CB radio after their checkpoint experience.

DPS’ solution, by the way, to the problem of truckers avoiding weigh stations is to bring the scales to the trucker instead of the trucker to the weigh station.  DPS black and white pick up trucks are frequently manned by License and Weight Troopers, who specialize in making sure the truckers have all the documents they are supposed to have, and are running at appropriate weights.  They drive pick up trucks, because they carry portable scales with which they weigh the trailers. 

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