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Sheriff's Office pleased with results of DWI checkpoints that netted two arrests

By Howard B. Owens

In one of the first-of-its-kind "enhanced" DWI check points in the state Saturday night, only two people were arrested for driving under the influence of drugs or alcohol.

Local law enforcement is considering that a success, according to Chief Deputy Gordon Dibble.

"The fact that people know we're out there helps," Dibble said. "A lot of people say, 'why put out a press release and let people know what you're doing,' but the whole idea is to cut down on drinking and driving."

The program was funded by a grant from the governor's office and was designed to make it harder for people to avoid the checkpoints.

The checkpoints were set up in three different locations -- all in the City of Batavia -- during the course of Saturday night, and extra patrols were in the area looking for people who might be trying to avoid the checkpoint.

When the checkpoints were moved, the patrols involved would engage in a period of saturation patrols looking for drunken drivers before the next checkpoint was set up.

Le Roy PD participated Saturday with extra DWI patrols in the village.

"Only 1 percent of DWI arrests come at checkpoints," Dibble said. "But what they do is raise public awareness as much as anything else."

The vast majority of people, Dibble said (as well as officers on scene Saturday night) were cooperative and even thanked officers for the extra effort to get drunken drivers off the road.

One misconception about the enhanced checkpoints that Dibble clarified is what conduct will lead an officer to stop a car.

Merely turning down a street prior to a checkpoint is not necessarily enough reason to stop somebody.

Dibble said there is case law dealing with the these kinds of stops. In one case, a car turned into a parking lot of a closed business prior to a checkpoint. That stop was upheld by the courts. In another case, a car turned down a street prior to a checkpoint and that case was thrown out.

"It makes a lot of sense to me," Dibble said. "What we tell our patrols is we want probable cause to pull somebody over anyways. Turning may warrant a closer look to see how they're driving, but we're going to look for how you are driving, how you're making a turn and do you appear like you should be on a highway."

During the course of Saturday night, the Sheriff's Office and Batavia PD set up roadblocks on Clinton and Oak streets, and Ellicott Street just west of Cedar Street.

Arrested on Saturday were Dale R. Maxwell, 51, of Hamilton Street, Albion, and Aaron R. Rodger, 23, of Ellicott Road, Caledonia.

Maxwell was charged with DWI, driving with a BAC of .08 or more and consumption of alcohol in a motor vehicle.

Rodger was charged with driving under the influence.

Additionally, 26 citations were issued, including citations for operating while registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation, 3rd, and failure to yield right of way.

The governor's grant covers three more enhanced checkpoints this summer.

Dibble said the Sheriff's Office considers them a good idea and will continue to run them on high profile weekends when they can do the most good.

"It's all about keeping our highways safe for the people," Dibble said. "We want people to have a good time and to get home safely. That can easily be done with a little forethought and a little planning ahead."

Mark Brudz

Actually, law enforcement's number 1 job is prevention. All the hoopla, the increased patrols, NO DWI DEATHS, NO MAJOR ACCIDENTS money very well spent I say

Mar 19, 2012, 12:29pm Permalink
tom hunt

I can't believe that they actually nabbed two people considering all the advanced publicity this got. Do these people live under a stone?

Mar 19, 2012, 1:02pm Permalink
Trina O'Connor

Glad to see clarification was given for those who were concerned with this process taking away their rights. Very surprised only two arrests were made... despite the public announcement. Glad this happened & i will support future enhanced check points as well. Money very well spent!

Mar 19, 2012, 1:16pm Permalink
Frank Bartholomew

No DWI DEATHS, no major accidents on Sunday either, FOR FAR LESS MONEY AND FAR LESS HARASSMENT.....
I wouldn't call it a holiday weekend either, my idea of a holiday weekend consists of three days, lets see how they do on memorial day or the 4th
I agree with keeping the roads safe, but again, how many people were stopped, and out of those, how many tickets were issued, as I 'm sure more than 28 vehicles were stopped. Punishing all for the actions of very few is wrong, just more of the political correctness move invading more personal space.

Mar 19, 2012, 3:49pm Permalink
Gary Spencer

Frank, did you read the article? "Additionally, 26 citations were issued, including citations for operating whole registration suspended, unlicensed operation, expired inspection, consuming alcohol in a motor vehicle, unregistered motor vehicle, uninsured operation, uninspected motor vehicle, inadequate headlights, tinted windows, aggravated unlicensed operation 3rd and failure to yield right of way." Says right there "26 citations were issued"

Mar 19, 2012, 4:34pm Permalink
Mike Weaver

Sounds pretty similar to most other years on St. Patrick's Day. And just think of all the overtime that was made. It was an engine for economic development.

Mar 19, 2012, 6:45pm Permalink
Frank Bartholomew

Gary, I read the article, thats why I said 28 vehicles(26 citations, + 2 dwi's.
At the rate this police state is growing, whats next, random home searches to make all our homes safe, its bs, and will never end until we stop allowing the police into our personal space.

Mar 20, 2012, 5:39am Permalink
Jack Dorf

Since when is being on a road you personal space? I really think your reaching Frank. You never answered my question about security checks at an airport.

Mar 20, 2012, 8:45am Permalink
Brett Orr

No one that I love was injured or killed this weekend due to a drunken party goer. Thank you officers. So, by all means...Feel free to continue invading our "personal space". Growing up my whole life in the Genesee County Sheriff's Office, I can say most people that I have come across that get angry about law enforcement are the ones that are sick of getting caught. Others seem to think that their time is too precious to get caught in a line where the intention is preventing accidents and other crimes. Getting stuck in a check point isn't punishment. It's part of a process. An important process.

Mar 20, 2012, 11:45am Permalink
Frank Bartholomew

Jack, crowded airports aren't my idea of personal space, so you're talking apples and oranges. If you are willing to give up personal freedoms that's your right, I don't like giving any of my freedoms away, particularly in a time when enough have been taken already.

Mar 20, 2012, 4:46pm Permalink
Frank Bartholomew

To belabor the point for those who don't get it, lets set up roadblocks and make every driver pass an eye test before being allowed to continue driving, and lets write tickets for having air fresheners hanging from rearview mirrrors, do you get the point yet?

Mar 20, 2012, 5:00pm Permalink
Dave Olsen

Mike Weaver is absolutely correct. This was about creating revenue. Period. Law enforcement knows that no matter what they do, people are still going to drink and drive if they want to. I'm not saying they should just give up, but don't tell me these type of programs make the roads safer. It doesn't. Doing what they do, normal patrolling, is about the best it gets.

Mar 20, 2012, 5:38pm Permalink
Frank Bartholomew

Brett, was anyone you love killed or injured on any previous holiday, or weekend? Again, you're entitled to your opinion, I keep my vehicle safe, I follow the rules, so I don't see any reason to be stopped and harassed at a roadblock that nets less arrests than normal routine patrols. Good for all law enforcement to pad their paychecks with overtime, but in my opinion, the yield for the money = waste and inefficiency.

Mar 21, 2012, 5:22am Permalink
Frank Bartholomew

Dave, I couldn't agree more,as a recovering alcoholic, I know what happens once the booze erases the frontal lobe, there is no stopping the alcoholic from getting his next drink, by whatever means it takes. If that means getting behind the wheel of a motor vehicle, that is exactly what they will do.

Mar 21, 2012, 5:35am Permalink

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