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Business Briefs - Vail, Colorado - www.BusinessBriefs.net - Aug 29thth thru Sept 25th, 2013 - Page 2

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The Publisher, BusinessBriefs, Inc.,

assumes no financial responsibility for

ad, news or BizBrief errors, beyond

refunding the cost of the first ad run, if

notified within 10 days of the first

printing of the ad error.

Copyright 2013.

All rights reserved.

Top cops say you don’t have to

stop at D.U.I. checkpoints!

Staff Report

Business Briefs

Suggestion:

Cut This Out &

Put It In Your Car!

Eagle County - Five

agencies create the Eagle

County Driving Under

Intoxication (DUI)

Taskforce. They are: the

Colorado State Patrol, the

Eagle County Sheriff’s

Office, and the town of

Avon, Eagle and Vail.

Many people value

their Fourth Amendment

right to privacy and want

to avoid conflicts and

confrontation with law

enforcement, as much as

possible.

Therefore, the following

questions were submitted

to Avon Police

Chief Robert Ticer, Vail

Police Chief Dwight

Henninger, and Eagle

County Sheriff Joe Hoy.

Sheriff Hoy has been sick

and asked his detective,

Aaron Veeldheer, to

answer the questions, but

did authorize the

answers before they were

submitted.

“Checkpoints

are set in locations

and

signed to

where a

motorist has an

opportunity to

legally avoid

the checkpoint.”

Avon

Police Chief

Bob Ticer

Their responses are

below:

• Business Briefs: What

is the policy of your

department about DUI

checkpoint stop zones?

Since ignorance of the

law is supposedly no

excuse, I believe my readers

would like to know

what they can legally do

and not do.

Avon Chief Ticer: The

Avon Police Department

does not conduct DUI

roadblocks, as they are

manpower intensive with

significant planning

required. Instead our

agency focuses on patrol

procedures for DUI

enforcement, as well as

educational campaigns.

We (have), however in

the past, assisted the

Colorado State Patrol

with personnel when

they conduct checkpoints.

Vail Chief Henninger:

Vail does not have a policy

on conducting DUI

checkpoints and we have

not conducted any here

in Vail during my tenure

as Chief.

• Business Briefs: Avon

Police Lt. Greg Daly has

told me that no one is

required to stop at these

and can make legal u-

turns to avoid these

stops. But, I have heard

other people indicate that

people have no choice

but to stop. In Avon, or

anywhere the countywide

DUI task force is in

use, do drivers have to

stop, or can they choose

Continued on Page 3

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Business Briefs - Vail, Colorado - www.BusinessBriefs.net - Aug 29thth thru Sept 25th, 2013 - Page 3

You don’t have to stop at D.U.I. checkpoints!

From Page 2

to avoid the stop by going

around the stop, or make

a U-turn on any road that

such stop zone exists?

Avon Chief Ticer: DUI

Checkpoints are set in

locations and signed to

where a motorist has an

opportunity to legally

avoid the checkpoint - i.e.

they may turn onto a side

street and use an alternative

route or, if where

travel lanes allow a turn,

may do so safely.

However, once the

motorist is in the designated

lane for the checkpoint

they must stop

upon the direction of the

law enforcement officer.

Vail Chief Henninger:

Drivers who enter a

checkpoint area do have

to stop and yield to the

traffic control directions

of an officer. They may

make a legal U-turn, or

turn on a cross street

prior to entering the

checkpoint. Generally,

case law and checkpoint

directions require there

be notice of the checkpoint

prior to entering

the area and there should

be a street to make a legal

turn on to, in case the

driver chooses to not

enter the checkpoint.

Any traffic violations to

avoid entering a checkpoint

would give rise to

an officer having the

cause to stop the vehicle

for a violation.

Sheriff Joe Hoy: The

sobriety check points are

set up in such locations

where there is always a

way out. There is signage

posted well in advance of

this “way out” stating

that there is a sobriety

checkpoint ahead. To

make a U-turn or just

drive around a Sobriety

Checkpoint the driver

may be violating other

traffic laws henceforth

giving Law Enforcement

probable cause to conduct

a traffic stop.

• Business Briefs: If a

driver enters a checkpoint

zone, do they have

to answer any questions?

Avon Chief Ticer: No.

Vail Chief Henninger:

An officer can ask any

driver to talk with them.

They are not required to

answer any questions.

The observations the officer

makes can be used to

develop reasonable cause

to detain the driver for

Business Briefs 2013 - 2014

Publication Schedule

Begin Volume 7 - 2 issues left

Thursday, September 26th, 2013

Thursday, October 24, 2013

Begin Volume 8 - 12 total issues

Thursday, November 21st, 2013

Thursday, December 19th, 2013

Thursday, January 16th, 2014

Thursday, February 6th, 2014

Thursday, March 6th, 2014

Thursday, April 3rd, 2014

Thursday, May 29th, 2014

Thursday, June 26th, 2014

Thursday, July 31, 2014

Thursday, August 28th, 2014

September 12th, 2013 at 5pm

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“An officer

can ask any

driver to talk

with them.

They are not

required to

answer any

questions.”

Vail Police

Chief Dwight

Henninger

further investigation of

the potential crime.

Sheriff Joe Hoy: Drivers

do not have to answer

any questions. However

if they choose to ignore or

not answer a few simple

questions, they are acting

differently from the

motoring public and are

creating suspicion. Law

Enforcement tries their

hardest to make these

contacts as minimal and

quick as possible. If a

person chooses not to

answer, they may end up

spending more time at

the checkpoint than they

want. It’s best to politely

answer the questions. If

you are sober, you will be

on your way, usually in

less than a minute.

Attorney Bruce Carey:

Mr. Carey disagrees, and

suggests that you “do not

answer any questions!”

Biz Briefs note: We

reported it. The reader

should decide!

• Business Briefs:

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driver enters a checkpoint

zone, do they have

to give permission to

allow their vehicle to be

searched?

Avon Chief Ticer: No. A

search would only occur

upon probable cause of a

crime, or with consent.

Vail Chief Henninger:

No one is required to give

permission to have a

vehicle searched at anytime.

Sheriff Joe Hoy: No.

• Business Briefs: If a

driver enters a checkpoint

zone, can the police

search or inspect their

vehicle without the driver's

permission?

Avon Chief Ticer: Only

upon probable cause of a

crime may they search.

Vail Chief Henninger:

Yes, if they are able to

develop reasonable cause

to believe there is evidence

of a crime in the

vehicle.

Sheriff Joe Hoy:

Depending on the circumstances,

yes, law

enforcement can search.

Vehicle inspections are

not part of sobriety check

points. If a vehicle pulls

in with a headlight out,

the driver will be told

about it and instructed to

get it fixed.

• Business Briefs: If a

driver enters a checkpoint

zone, are so-called

drug dogs allowed to

sniff a driver's car over

their objection? If so, how

will your agency handle a

dog "hit" on any marijuana

in the vehicle, considering

the new Colorado

laws supposedly allowing

for medical and recreational

marijuana?

Avon Chief Ticer: First

answer - A k-9 sniff is

only allowed in Colorado

on a mobile vehicle based

upon reasonable suspi-

Continued on Page 11

Bruce C. Carey, P.C

Business Briefs Suggestion:

Cut This Out &

Put It In Your Car!

When driving & stopped

by law enforcement:

1. Be polite.

2. Ask why you were

stopped.

3. Provide your name, driver’s

license, registration &

proof of insurance.

4. DO NOT ANSWER ANY

QUESTIONS such as “Have you been drinking,” or

“Where are you coming from.”

5. DO NOT CONSENT TO A SEARCH of your vehicle.

If the officer says they will get a warrant, you still

do not consent. NEVER CONSENT!

6. YOU HAVE NO RIGHT TO AN ATTORNEY

BEFORE you select the blood, breath (blow), or roadside

tests!

I recommend ONLY the BLOOD TEST!

DO NOT CONSENT TO A ROADSIDE, walk, nor

count-backwards test!

DO NOT FOLLOW A PEN with your eyes!

7. If arrested, do not answer any other questions!

THEN, ASK FOR AN ATTORNEY!

Never answer questions EXCEPT THAT YOU ARE

WILLING TO TAKE THE BLOOD TEST!

8. Ask the officer to PRINT THEIR NAME and badge

number below.

Officer: ______________________ Badge #: ________

Based in Eagle, Colorado

Near the courthouse!

(970) 390-0600

www.BruceCareyLaw.com


Business Briefs - Vail, Colorado - www.BusinessBriefs.net - Aug 29thth thru Sept 25th, 2013 - Page 5

Do we care? As the country falls apart, what will you do?

Questions & Opinions

“The further a society

drifts from the truth,

the more it will hate

those that speak it!”

George Orwell from the

book 1984.

We need to be

watched. We cannot be

trusted! We are now

subjects, not citizens. We

are weak. We are afraid.

We are enablers with the

way we vote. Do we

care? Apparently not,

because we aren’t doing

anything about it.

Therefore, we condone

it. Are you more afraid

of the cops or the bad

guys?

From the internet

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• The rights of the government

come before

the rights of the people!

• Big Brother knows

who you call! Your

“Smart Phone” is

tapped!

• Big Brother knows

who you text!

• Big Brother knows

who you email! Your

email is tapped!

• The National Security

Agency purportedly

asked internet service

providers for our passwords!

• The Big 4 cell phone

services supposedly

give our government

our metadata!

• Insurance companies

want to read the black

box in your new car to

analyze our every

movement!

• Insurance companies

want to divulge information

about us to each

other!

• The Post Office supposedly

now photographs

all our mail!

• Law enforcement

wants us to pull over at

checkpoints, answer

their questions, and

allow them to search our

vehicles, etc.

• Law enforcement

wants to know if you

have a weapon in your

car. When did it become

illegal to defend yourself

or have a gun in

your car? How did you

get your gun home

when you bought it? Is it

now illegal to drive a

gun home?

• Being stripped of the

ability to defend yourself

makes you “safer!”

• Government supposedly

wants to triple the

price of ammunition so

that more people can’t

afford to buy it!

• Law enforcement in

Boston and New

Orleans can go door-todoor

and search people’s

houses!

• ObamaCare premiums

won’t apply to

Congress, only to us.

What’s good for the

goose isn’t necessarily

good for the gander!

• Obama supposedly

wants to pay the people

of Planned Parenthood

to teach us about

ObamaCare. So much

for none of our tax

money going to Planned

Parenthood!

• Is Fort Know really

empty? If so, where did

our country’s gold go?

• The IRS tax code is

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“New York

p e r v e r t

A n t h o n y

Weiner may run

for President in

2016, with Eric

Holder as his

Vice-President,

on the

D e m o c r a t i c

ticket. The team

would be

known as

“ W e i n e r

Holder!” Just

kidding! Shame

on the publisher

for printing

that!

supposedly 4 million

words. The original

ObamaCare law was

over 2,000 pages. We

probably haven’t ever

read, nor ever will read,

either law, and the government

knows it,

because most of them

and our judges haven’t

read them. How reasonable

is it to make people

subservient to laws they

will never read?

• Fighting wars for Mid-

East oil is more important

than allowing the

Keystone Pipeline on

our continent!

• It’s okay to wear

Nixon, Reagan, Clinton

and Bush masks, but it is

not okay to wear an

Obama mask!

• An 80-year-od woman

can supposedly be stripsearched,

but a Muslim

woman in a burka is

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Kim Andree

and Sally Miller

only subject to having

her neck and head

searched.

• You can supposedly

get arrested for having

expired license plates,

but you may not get

arrested for being in the

country illegally.

• Your government

believes that the best

way to eradicate trillions

of debt is to spend trillions

more of our

money.

• Hard work and success

are rewarded with

higher taxes and government

intrusion,

while slothful, lazy

behavior is rewarded

with debit cards, government

checks, subsidized

housing, and free

cell phones.

• The government’s

plan for getting people

back to work is to provide

99 weeks of unemployment

checks to not

work!

• It is okay for Delta

Airlines to incur approximately

$100 million in

ObamaCare costs and

pass it on to us, because

we can afford it!

• Does Executive Order

13603 really mean that

Obama can tap your

retirement account? is

this potentially a huge

risk for investors and

retirees?

• New York pervert

Anthony Weiner may

run for President in 2016

with Eric Holder as his

Vice-President, on the

Democratic ticket. The

team would be known

as “Weiner Holder!” Just

kidding! Shame on the

publisher for printing

that!

• Do you really blame

conservatives for all of

this, as they are rarely

elected to government?

• Do you really think

Ye Olde Publisher or

someone else will fix

all of this? What will

you do?

ASK A LAWYER

Ann Hutchison

Question: How much does it

cost to settle an estate after

someone dies?

Answer: It can cost A LOT to

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TO. There are many tools

available to use which will

reduce the cost of settling your

estate and make it easy for

your family or friends to do

so. It is not enough to simply

have executed a Will or Trust.

It is crucial to also review how

your assets are titled. It is also important to consider

the tax implications before making any changes

in ownership of assets. This is a complicated area of

the law and a professional should be consulted to

help you create a plan which will minimize the

costs and effort of settling your estate.

HUTCHISON

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Business Briefs - Vail, Colorado - www.BusinessBriefs.net - Aug 29thth thru Sept 25th, 2013 - Page 10

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