License Refusal in Napa

In August, a motorist in Napa, CA, was stopped at a DUI checkpoint. The driver, now identified as Johnathan Travis Moore, complied with all things asked of him by the officers until they asked him to provide his driver’s license. Moore identified himself as Travis Kasprowicz, and told officers he had not been drinking therefore he did not need to provide his driver’s license. The 31-year-old from Vacaville was asked multiple times to present his license and he declined each time. Moore’s passenger Ryan Tregaskis, 23, knew one of the officers at the scene and began filming the interaction form his cell phone.

After several attempts to retrieve the license, Napa police sergeant Brian Campagna allowed Moore to leave the scene, but only after he took down the license plate number for the car. The officers later learned that the video of the incident had been uploaded to YouTube. Officers have now obtained a search warrant for the cell phones and computers at homes for both drivers, Moore, and passenger, Kasprowicz. The Napa police officers believe that the two men intended to pull up to the DUI checkpoint, and commit a crime. Officers believe the two motorists pulled up with the intention of delaying of officers at the checkpoint.

DUI checkpoints were instated not just for DUIs but also to protect residents from drivers with suspended licenses. Studies have shown that 33 percent of drivers with a suspended or revoked license had a criminal record, and 85 percent of those drivers had used their cars for the commission of their crimes. Thus DUI checkpoints are not just for sobriety checks, they also assist law enforcement in preventing other crimes.

These checkpoints are all legal, assuming they follow all the laws in place. As long as the checkpoints main purpose is to check for drivers under the influence, the checkpoint is legal. However, if it begins to be for other purposes it is on shaky ground. Additionally these checkpoints need to have a supervisor, be in a safe location, and they must be publicized before they happen. Currently neither the driver nor the passenger has been charged with anything involving the checkpoint. However, the police do have the search warrant to look for any information on either their computers or their cell phones.

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