related arrests very near the location of the checkpoint on Friday and Saturday nights between midnight and 2 a.m. vs. other days of the week and other time periods, then that data would support a Friday night checkpoint from midnight – 2:00 a.m.) How did you determine which vehicles to stop? ________________________________________ Random stops at checkpoints are disapproved by Delaware v. Prouse . So, have some sort of pattern, whether every car, every other car, or every 3 rd car. Only deviate from this pattern if you have specific reasonable suspension or probable cause to do so for a specific vehicle.
Did the checkpoint site have a safe area for stopping drivers and provide sufficient sight distance for the driver to come to a stop safely upon approaching the checkpoint? _____________________
If yes, describe: _________________________________________________________________
Did the checkpoint site have sufficient adjoining space available to pull a vehicle off the traveled portion of the roadway if further inquiry of a driver was necessary? _________________________
If yes, describe: _________________________________________________________________
How many drivers were detained for further inquiry? ____________________________________
How many drivers were detained for further inquiry related to a possible DUI charge? __________
Key: If you get an objection at any point during this testimony, that is not overruled, skip that one part of your testimony and continue with the rest of your testimony. For example, if an objection is made regarding your testimony as to how the checkpoint location was selected and that objection is sustained, skip to the very next section, how you determined which vehicles to stop. Then, at the very end of all your testimony, tell the Hearing Officer you would like to “ proffer ” the rest of your testimony. A proffer is testimony you are putting in the record so SCDMV can appeal the case based on your trying to admit certain testimony and the Hearing Officer mistakenly not allowing it to come in. Without the proffer, SCDMV will lose the appeal. Your proffer will be the testimony you would have offered if the objection had not been made. Using our earlier example of an objection to your testimony as to how the checkpoint location was selected, you would do the following: 1) Complete your checkpoint testimony as set forth on this checklist; 2) Provide your testimony from the administrative hearing checklist that pertains to your case (for example, the refusal checklist); 3) Then, you would tell the Hearing Officer you want to proffer some testimony. You would then testify regarding how the checkpoint location was selected. ***Any testimony you provide after saying you are proffering testimony, is testimony that is not be considered evidence in the hearing. This testimony is being provided solely for the benefit of an Appellate Court and will not be considered by the Hearing Officer in making his/her ruling. If an Appellate Court determines the Hearing Officer errored in not admitting that testimony, then the Appellate Court will weigh your testimony as evidence and issue a factual ruling on it in the appeal. This helps us win appeals and helps you to not have to appear for a new hearing if SCDMV wins an appeal.***
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