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Apple Bans DUI Checkpoint Apps

An anonymous reader writes "In late March, four US senators banded together and wrote a letter to Apple asking that they remove apps that alert users as to the whereabouts of DUI checkpoints. Now, Apple has revised its app store guidelines to ban those type of 'illegal' apps."

601 comments

  1. Makes sense by Combatso · · Score: 5, Funny

    Just in time for me to release my new "lemonade stand app" it tells you if you are approaching a lemonade stand, and to slow down just in case you are thirsty, or take a different route if you don't like lemonade at all.

    1. Re:Makes sense by softWare3ngineer · · Score: 2

      don't forget to let users upload the locations of new lemonade stands from the client. Wouldn't want anyone to miss out on such a tasty beverage.

    2. Re:Makes sense by Anonymous Coward · · Score: 0

      Just in time for me to release my new "lemonade stand app" it tells you if you are approaching a lemonade stand, and to slow down just in case you are thirsty, or take a different route if you don't like lemonade at all.

      I'll buy that for 99... Get cracking!

    3. Re:Makes sense by future+assassin · · Score: 1

      Don't worry it wont be long before you are branded a pedo since lemonade stands are mostly ran by little girls and boys. Won't someone think about the lemon squeezing children?

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    4. Re:Makes sense by Combatso · · Score: 1

      damnit... ok, new idea... stop driving drunk

    5. Re:Makes sense by gr8_phk · · Score: 2

      And just in case, make your lemonade stand app a web app so it doesn't require passing through a phone app store for people to use it.

    6. Re:Makes sense by Rakshasa+Taisab · · Score: 1

      So what you are seeking is a 'lemonade stand finder' app? I'm sure that can be easily made.

      --
      - These characters were randomly selected.
    7. Re:Makes sense by Anonymous Coward · · Score: 0

      Mmm.... squeezed children...

    8. Re:Makes sense by NinetyOneDegrees · · Score: 4, Insightful

      Thing is, a DUI test is an annoyance. If you're driving somewhere you want to get there without being stopped and having to prove your innocence.

      I'm sure this is used by a lot of non-drink-drivers for this reason.

    9. Re:Makes sense by Totenglocke · · Score: 0

      Or release it for another mobile OS - perhaps one with more market share and no dickish rules about what's "appropriate"?

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    10. Re:Makes sense by Anonymous Coward · · Score: 0

      Never mind the blatant rights violations. But that was upheld by the courts years ago.

    11. Re:Makes sense by ColdWetDog · · Score: 1, Insightful

      Or release it for another mobile OS - perhaps one with more market share and no dickish rules about what's "appropriate"?

      Yeah. Like maybe Android perhaps? Oh, wait....

      --
      Faster! Faster! Faster would be better!
    12. Re:Makes sense by Hatta · · Score: 2

      damnit... ok, new idea... get a fucking warrant.

      --
      Give me Classic Slashdot or give me death!
    13. Re:Makes sense by rishistar · · Score: 1

      Just in time for me to release my new "lemonade stand app" it tells you if you are approaching a lemonade stand, and to slow down just in case you are thirsty, or take a different route if you don't like lemonade at all.

      You fool! Of course that will get banned! Apple will only approve stalls selling cider!

      --
      Professor Karmadillo Songs of Science
    14. Re:Makes sense by elrous0 · · Score: 1

      You might also want to stop driving as an illegal alien too.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    15. Re:Makes sense by ep32g79 · · Score: 1

      Using your constitutionally guaranteed rights does not work so well at these checkpoints.

    16. Re:Makes sense by cellurl · · Score: 2

      Navteq / Nokia just bought Trapster, the original bear-locator. Are they out of business from this legislative hornswaggle?

      Get paid to help a good cause. Log a speed limits in your area.
      WikiSPEEDia

    17. Re:Makes sense by The+Moof · · Score: 1

      A warrant for what? You're on public property. They're not searching your car. They ask you to step out of the vehicle if you smell like alcohol. None of that really constitutes illegal search and seizure, and I believe smelling like alcohol is actually justifiable probable cause.

    18. Re:Makes sense by Anonymous Coward · · Score: 0

      SHUT UP AND TAKE MY MONEY!

    19. Re:Makes sense by david_thornley · · Score: 1

      Normal constitutional rights don't apply here in my state, because in order to drive a vehicle legally I need a state-issued driver's license, and in the process of getting it I've agreed to undergo alcohol testing under certain circumstances. I'm not entirely sure what legalities apply to out-of-state license plates here, but a government can impose conditions on licenses it grants. If they get too onerous, write your legislators.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    20. Re:Makes sense by EastCoastSurfer · · Score: 2

      So what was the probable cause to talk to you in the first place? If a police officer is talking to you it means he's looking for evidence which means you are a suspect. DUI stops and in particular checkpoints provide the person stopped with none of the same rights as any other typical case. For example, I would never speak to the police without a lawyer. If I assert that right after being stopped for DUI suspicion I would immediately lose my license - guilty until proven innocent.

      What's even worse is that a DUI checkpoint/stop is likely the most common dealings the typical person will have with the police. It's also one where the police ask a lot of questions and want the suspect to perform a lot of actions when they are most in need of lawyer, yet the police set it up to make it a penalty to assert your right to attorney.

    21. Re:Makes sense by Tetsujin · · Score: 2

      Don't worry it wont be long before you are branded a pedo since lemonade stands are mostly ran by little girls and boys. Won't someone think about the lemon squeezing children?

      Bah. Those lazy little bastards don't squeeze lemons any more. They just buy a container of crappy instant lemonade and sell that by the glass.

      --
      Bow-ties are cool.
    22. Re:Makes sense by AvitarX · · Score: 1

      I signed the same thing, but in my state they still require probably cause (even though it's been signed that they don't).

      This can be:
      1) admitting to having even a sip
      2) being really totally hammered
      3) a traffic violation

      The procedure at a check point is to say no, had nothing to drink, without opening the window past a crack. Then to refuse the test if they ask (generally they will not if you answer no, and aren't really dangerous drunk). You may spend a night in a cell for refusal, but there are dozens of lawyers that will get you off for under $1500, the cost of blowing a .09 and fighting the ticket (which will generally work), is around $4800. If you break .12 you're pretty much screwed.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    23. Re:Makes sense by Anonymous Coward · · Score: 1

      Wow, that's a slanted article. It ignores the actual reason those emulators got pulled: copyright violations of open source/non-commercial licenses. The legal versions of those emulators are still available on the market.

    24. Re:Makes sense by node+3 · · Score: 1

      Your state can't make laws that violate the US Constitution. You're basically saying that they made a law which violates the fourth and fifth amendments under some circumstances.

    25. Re:Makes sense by SaroDarksbane · · Score: 2

      The idea that government can take away your constitutionally guaranteed rights through "licenses" is rather worrisome, don't you think?

      "Oh, well to live in this state you need a "Home License". Please sign this section here that says you agree to let the police search your home anytime upon request, and write out a "processing" check for $900 or I'm going to have to ask you to move to another state. It's not illegal, it's a license!"

    26. Re:Makes sense by kheldan · · Score: 1

      You don't even have to go to the trouble to obfuscate things. Just make it a website; don't they do it already? Or is Apple going to start censoring the web, too?

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    27. Re:Makes sense by Anonymous Coward · · Score: 0

      Websites can't complete ferociously with each other in a censored sandbox app market though.

    28. Re:Makes sense by coliverhb · · Score: 1

      Good joke, but you do realize that there are all kinds of ciders, right? I just had to reply to you with a sig. like that. ^

    29. Re:Makes sense by Deus.1.01 · · Score: 1

      Pear cider? :D

      --
      My -1 Troll is actually a +1 funny. And my -1 flame is actually a +1 insightfull.
    30. Re:Makes sense by Totenglocke · · Score: 1

      Because even if Android banned DUI apps (which they don't), it would be impossible to just release the APK and let people sideload it - oh, wait....

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    31. Re:Makes sense by Anonymous Coward · · Score: 0

      Or make it an Android app, so you don't have to suffer corporate policing.

    32. Re:Makes sense by FredFredrickson · · Score: 1

      Hahaha, thanks for the laugh. somebody mod him UP!

      --
      Belief? Hope? Preference?The Existential Vortex
  2. No more apples by dynamic_cast · · Score: 4, Interesting

    So glad I ditched apple and went back to pc/android a couple of years ago when this kind of crap started.

    1. Re:No more apples by Anonymous Coward · · Score: 0

      Umm Google has also banned the DUI checkpoints apps. Keep on hatin'.

    2. Re:No more apples by kieran · · Score: 2, Interesting

      While I'm not a big fan of app censorship generally, I don't see the objection to having Apple, Google etc block apps which have no purpose other than letting people drink-drive.

    3. Re:No more apples by Thunderstruck · · Score: 3, Insightful

      How do you feel about apps which help innocent people to avoid being questioned about their activities by a man with a gun?

      --
      Trying to use sarcasm in text-based forums does not work.
    4. Re:No more apples by Aqualung812 · · Score: 3, Insightful

      block apps which have no purpose other than letting people drink-drive.

      I don't drink & drive, and I also don't enjoy waiting in a long line of cars going through a DUI checkpoint.
      Like all technology, there can be legal and illegal uses, or in this case, moral and immoral uses. Information about DUI checkpoints is required to be public.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    5. Re:No more apples by schwit1 · · Score: 1

      My Android Market shows checkpoint apps.

    6. Re:No more apples by lostfayth · · Score: 1

      Or letting people who don't drink and drive avoid the inevitable slowdowns these checkpoints always cause.

      I just want to drive home after work, not wait an extra 20+ minutes to explain to cops that I haven't been drinking that night.

    7. Re:No more apples by DriedClexler · · Score: 1

      Yeah, the Android DUI app is so much better, and Google has really stood up to all those requests to take it down. (???)

      I'm no Mac fanboy, but this is an odd reason to be glad you don't use an iPhone...

      --
      Information theory is life. The rest is just the KL divergence.
    8. Re:No more apples by operagost · · Score: 1

      So what is the point of a sobriety checkpoint, then? Apparently the cops in your area are both telepathic and 100% incorruptible-- thus they do not ever detain anyone who is not drunk. I imagine that if the cops weren't actually telepathic angels, they might have to stop some cars which weren't driven by drunks in order to find the ones that were-- and some non-drunk drivers might need such an app to keep them from being delayed or having their rights infringed.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    9. Re:No more apples by flaming+error · · Score: 4, Insightful

      > apps which have no purpose other than letting
      > people drink-drive

      That these checkpoints are called "DUI checkpoints" in no way suggests that:
      1) Government checkpoints are authorized by the Constitution
      2) There is no reason for non-drunks to avoid them
      3) That banning products in high demand will do anything but create a black market for them.

      If you're not a fan of censorship generally, I'd expect you to be a little more skeptical and analytical, a little less "I don't care if the authorities grope everybody's underpants because I've got nothing to hide".

    10. Re:No more apples by s73v3r · · Score: 2

      Government checkpoints are authorized by the Constitution

      Neither is letting you use public roads without conditions. As part of the conditions for driving your vehicle on public roads, you agree to submit to these checkpoints.

    11. Re:No more apples by AngryDeuce · · Score: 4, Informative

      Umm Android allows you to use apps not approved by the Google High Command.

    12. Re:No more apples by cheeks5965 · · Score: 1

      Re the grope everybody's pants line. You might disagree, but this is exactly the compromise that society has come to. Not because people have nothing to hid,e but because they're willing to sacrifice something to try to make air travel safer. Yu can disagree fine, but nobody cares about the minority fringe. Similarly, people have decided that they're cool with checkpoints because it makes the roads safer.you can disagree, but it's not fair of you to mock our choice.

      --
      -- Flame me and I will happily flame you back. Bring it!
    13. Re:No more apples by Wovel · · Score: 1

      Why? Just stop driving while intoxicated. You are actually a lot worse at it Ghent you think.

    14. Re:No more apples by maxume · · Score: 1

      Maybe the particular reason is odd, but there is nothing about the underlying tone that is beneficial to users (or at least, users that have no need for a corporate censor making them feel safe).

      --
      Nerd rage is the funniest rage.
    15. Re:No more apples by rainmouse · · Score: 1

      While I'm not a big fan of app censorship generally, I don't see the objection to having Apple, Google etc block apps which have no purpose other than letting people drink-drive.

      This is what is so terribly sad about /.

      Anyone else find it ironic that people like the above poster who voice any opinion for a limited form of censorship are themselves, censored away in /.

    16. Re:No more apples by Wovel · · Score: 1

      Google maps already takes carebof that. Even covers slow downs from accidents! BTW, your lame execuses is the lamest of all lame execuses.

    17. Re:No more apples by sconeu · · Score: 1

      I don't drive drunk. I don't even drink if I'm driving. BUT.... I'd want an app like this, simply to avoid the inevitable traffic jam that it creates.

      Not to mention the fact that "proving my innocence" goes against everything I was ever taught that this country stands for. Of course, I *did* go to school back in the '60s and '70s.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    18. Re:No more apples by dfghjk · · Score: 1

      Apple did this from the beginning. There was never a time before "this kind of crap started".

    19. Re:No more apples by sconeu · · Score: 4, Informative

      Nice try dude.

      The Tenth specifically states that the gov can't do stuff like this if it's not in the constitution.

      The Ninth says that just because they didn't say "you can use public roads without conditions", you still can do so.

      The Fourteenth (like it or hate it) extended these restrictions to the States as well.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    20. Re:No more apples by flaming+error · · Score: 2

      I'm not mocking your choice, I'm condemning it.

    21. Re:No more apples by Sloppy · · Score: 1

      I don't see the objection to having Apple, Google etc block apps which have no purpose other than letting people drink-drive.

      That's not what people are objecting to. They object to apps being blocked, which have the purpose of letting people know where checkpoints are.

      This kind of thing is just like DRM: it's impossible for a computer to know why a user wants something, so a computer that always prohibits certain generic activities, is always going to be making mistakes.

      If your computer is constantly making mistakes to your advantage (e.g. alerts you about checkpoints at times when you happen to be drunk, allows you to copy something for which you intend to infringe copyright), you (the owner of the computer) don't care. That computer is still just as useful to you.

      If your computer is constantly making mistakes to your disadvantage (e.g. refuses to alert you about checkpoints when you're sober, refuse to let you copy something for which you're not going to infringe copyright), then it's time to get a different computer that is more user-friendly.

      But one way or another, "constantly making mistakes" is guaranteed to happen, until some sort of AI revolution that puts two opposing lawyers and a judge inside of each device.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    22. Re:No more apples by krelvin · · Score: 1

      I OBJECT!

      I don't drink alcohol... So why am I not able to use the app to avoid the annoyance and time wasting these checkpoints represent.

      I also don't speed, but I want to know where the speed traps are.

    23. Re:No more apples by binford2k · · Score: 1

      I don't drink and drive and I also don't enjoy being hit by asshole drunk drivers. I'll bet that the parents of my friends would wait through a thousand checkpoints to have another day with their children.
      http://community.seattletimes.nwsource.com/archive/?date=20031026&slug=fugitive26m0

    24. Re:No more apples by networkBoy · · Score: 1

      I go through them on purpose (assuming I'm not in a hurry), or if I really have time I evade them at the last possible turn off.

      When going through them:
      "have you had anything to drink tonight?"
      "No, catch me later at my brothers house, we're going to get drunk as skunks then play games all night"
      "I hope you don't plan on driving home tonight then"
      "Nope that's why we're playing games all night"
      \confused look "ok have a good night"

      When evading, there is always an obscure side street or something within view of the checkpoint. It is always monitored by motor cops.
      I make a move to the outside lane (always start or move inside first, they notice you moving lanes to the outside).
      Take the byway.
      Drive slightly below the speed limit, signal, full 5 second stops, look both ways, etc. at all stop signs.
      Work my way to the nearest strip mall liquor store.
      go inside :)
      once the cop was still waiting for me so I had the clerk give me a bag for my Rockstar.
      drank said Rockstar on my way to my truck.
      Start truck (not even in gear), *POW* lights.
      Hilarity ensues when the cop asks what I'm drinking. :)

      Got fixit ticket for a rattly exhaust (talking about reaching for something, but they don't like getting punked).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    25. Re:No more apples by Anonymous Coward · · Score: 0

      So glad I ditched apple and went back to pc/android a couple of years ago when this kind of crap started.

      Why so glad? Has PC/Android kept you out of jail by warning you of drunk-driving traps? Is that what you look for in a computing platform?

      Here's hoping I never meet you or your Android phone on the road!

    26. Re:No more apples by binford2k · · Score: 1

      That's all right. I'm mocking your condemnation.

    27. Re:No more apples by Raenex · · Score: 4, Insightful

      I don't drink and drive and I also don't enjoy being hit by asshole drunk drivers.

      I don't want to be hit by asshole drunk drivers either, but I value my 4th Amendment rights more than a little bit more safety enforced by a police state.

      Cops patrolling and looking for erratic drivers is the answer, not a police state searching innocent civilians with no cause.

    28. Re:No more apples by binford2k · · Score: 1

      Nice try dude. Driving your car is not a "right". It's a contract. That's why a driver's license can be required. The Bill of Rights has no bearing.

    29. Re:No more apples by omarius · · Score: 1

      If it was an app to help protesters in Syria avoid the Army, these selfsame senators would be screaming about how Apple is assisting a dictatorial government quash its citizens' natural right to freedom of speech. Make no mistake, this *is* a freedom of speech issue. It is no different than calling all your friends to let them know about a checkpoint.

    30. Re:No more apples by Surt · · Score: 1

      He can mock your choice if it's provably stupid. The evidence is against the effectiveness of these checkpoints, and the pat-downs too.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    31. Re:No more apples by wolfemi1 · · Score: 1
      Uh, no.

      10th amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

      So.... how does this prohibit action by the states with DUI checkpoints through the 14th amendment?

    32. Re:No more apples by Aqualung812 · · Score: 2

      Since DUI checkpoints are illegal under Washington state constitution, the parents of your friends won't be waiting for any checkpoint.

      http://www.ghsa.org/html/stateinfo/bystate/wa.html

      I'm sorry for their loss, and I fully support MUCH tougher penalties for drunk driving (or other crimes, like hitting cyclists). From the article you linked to, it sounds like your friends would be alive today if there was proper punishment for DUIs:

      Records show Fred Russell has had other legal problems, including two charges of under-age drunken driving when he was 18 -one in Chico, Calif., to which he pleaded no contest, and another in Pullman, to which he pleaded guilty. No one was injured in either case.

      But, in your mind, a smartphone app is to blame, not the legal system that still let that drunk back on the road, twice?

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    33. Re:No more apples by Anonymous Coward · · Score: 0

      Just stop driving while intoxicated.

      That's a great idea anyway (whether he's an Apple user or not), but how does it help with the ban? If he abstains from driving intoxicated, Apple doesn't magically lose the capacity to ban checkpoint apps.

    34. Re:No more apples by Anonymous Coward · · Score: 0

      Why? Just stop driving while intoxicated. You are actually a lot worse at it Ghent you think.

      Excellent point. Everyone who avoids these checkpoints is drunk. While we're at it, let's take away guns because the only people who have guns are criminals.

      I was going to post a few things on the 4th, 5th, 6th, and 14th Amendments but you seem to not care about these inconsequential documents and prefer a police state.

      Here's a poem instead:
      First they came for the Jews,
      and I didn't speak out because I wasn't a Jew.

      Then they came for the trade unionists,
      and I didn't speak out because I wasn't a trade unionist.

      Then they came for the communists,
      and I didn't speak out because I wasn't a communist.

      Then they came for me
      and there was no one left to speak out for me.

    35. Re:No more apples by The+Wild+Norseman · · Score: 1

      Government checkpoints are authorized by the Constitution

      Neither is letting you use public roads without conditions. As part of the conditions for driving your vehicle on public roads, you agree to submit to these checkpoints.

      Nope. The DUI checkpoints were unconstitutional on fourth amendment grounds. The only reason they exist at all is that the public is required to be informed about their location, thus preserving the idea that they're voluntary.

      I think it's a load of bollocks myself, but there you are.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    36. Re:No more apples by honkycat · · Score: 1

      Is that why we have murderer checkpoints on the sidewalk? After all, the police aren't telepathic so how else will they ever catch anyone who is a murderer?

    37. Re:No more apples by Golddess · · Score: 1

      The Tenth specifically states that the gov can't do stuff like this if it's not in the constitution.

      The Tenth specifically states that the federal government can't do stuff like this if it's not in the constitution. It also specifically states that as long as the constitution does not specifically prohibit a state from doing it, then a state most certainly can. Yes, it does say "or to the people", but without a clear indication of which of these "unmentioned powers" should go to who, the state taking them all is just as correct as the people taking them all.

      The Fourteenth (like it or hate it) extended these restrictions to the States as well.

      And this is where it gets tricky. The 21st amendment was pretty clear in saying that the 18th is repealed, gone, kaput. The 14th... not so clear that it is supposed to turn the 10th from this:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      Into something like this:

      The powers not delegated to the United States or the States by the Constitution, nor prohibited by it to the people, are reserved to the people.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    38. Re:No more apples by lostfayth · · Score: 1

      You were doing well up until that last sentence, which is sad as you only wrote three.

      Google maps does not provide that feature on my phone, takes a long time to load and is unnecessarily complicated for my drive home which takes place between 12-3am. At those times, traffic is light, accidents rarely cause slowdowns, and construction is limited to well publicized major roadwork. The common slowdown is DUI checkpoints, which I prefer to avoid as they can take upwards of 45 minutes to pass through.

      Also, I carry a commercial license, which due to federal law limits my BAC to below .04 (half of what the typical driver is allowed) and I am considered unable to drive if there is any detectable amount of alcohol. Yet these apps are still of use to me, despite the fact that drinking and driving carries harsher penalties for me and if I do drink, I ride with someone who hasn't been drinking, call a taxi, or simply walk.

      Now, how are these the lamest of lame excuses, other than the fact you're upset these might be used by people at bars? I'm not the one being a danger on the road, your anger is misdirected. Keep your knee-jerk MADD reactions to yourself.

    39. Re:No more apples by sconeu · · Score: 1

      All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      It would also appear to me (IANACL) that checkpoints violate the Fourth and Fifth Amendments.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    40. Re:No more apples by DaScribbler · · Score: 1

      Umm no they haven't.

    41. Re:No more apples by cheeks5965 · · Score: 1

      What evidence? The fact is that checkpoints are the most effective method of preventing drunk driving. Not only because they catch the most offendors, but they are the greatest deterrent.

      --
      -- Flame me and I will happily flame you back. Bring it!
    42. Re:No more apples by s73v3r · · Score: 1

      Care to point out where the Constitution gives you the right to use public roads?

    43. Re:No more apples by s73v3r · · Score: 1

      No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

      And that's not what's happening here. You don't have the privilege to drive drunk, nor do you have the privilege to drive on public roads. As a term of letting you drive on public roads, you agree to certain conditions. One of them being DUI checkpoints, which are publicized in advance.

    44. Re:No more apples by EastCoastSurfer · · Score: 3, Insightful

      Loss is a horrible thing.

      But, you have to remember that rights are more important than a single life. I don't want another terrorist attack, so should I agree to fly naked and have a cavity search before boarding a flight?

      There is also the question of effectiveness of check points. If it takes 20 officers to run a check point and they catch 1-2 people who might not even be impaired but simply blew over the magical .05 or .08 limit is that really the best use of 20 officers time? Could it be better to have them patrolling and looking for people who are you know...impaired?

    45. Re:No more apples by EastCoastSurfer · · Score: 1

      Do you think that when the constitution was drafted that the founding fathers would have considered riding a horse you own a right? Saying it's a contract or a privilege is simply trying to frame the argument in a away that removes inherent rights.

      Does a person not have the right to use a device they own on public land that has been specifically been created for that purpose? It's a valid question and not one that can be hand waved away with it's a contract or privilege.

    46. Re:No more apples by networkBoy · · Score: 1

      And I shall condemn your mockery.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    47. Re:No more apples by Tetsujin · · Score: 1

      once the cop was still waiting for me so I had the clerk give me a bag for my Rockstar.
      drank said Rockstar on my way to my truck.

      Don't some states have "open container" laws to act as a catch-all for cases like this?

      --
      Bow-ties are cool.
    48. Re:No more apples by CharlyFoxtrot · · Score: 1

      You're an idiot. It's a fascist police state because police do random spot checks to discourage driving under the influence, it's a common sense thing that adds to everyones's safety. When you're on a public highway operating a killing machine, checks to see if 1) you're fully licensed and 2) you're in full control of your faculties are perfectly warranted.

      --
      If all else fails, immortality can always be assured by spectacular error.
    49. Re:No more apples by CharlyFoxtrot · · Score: 1

      The point isn't to catch those 2 but to discourage drunk driving for all by the threat of being nabbed by a random check. Because the honor system has been shown not to work in this case.

      --
      If all else fails, immortality can always be assured by spectacular error.
    50. Re:No more apples by CharlyFoxtrot · · Score: 1

      This is not a free speech issue, it's a private company deciding not to carry a category of products in its store. You may deplore that decision and take your business elsewhere. Apple probably made the right decision because these apps are in a legal "grey area" at best, from what I read in this thread rules governing DUI checkpoints differ from state to state and so selling this kind of app across the US and internationally could open them up to legal action.

      --
      If all else fails, immortality can always be assured by spectacular error.
    51. Re:No more apples by sconeu · · Score: 1

      Please see the 9th Amendment.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    52. Re:No more apples by Anonymous Coward · · Score: 0

      Great, now you can drive drunk and kill people.

    53. Re:No more apples by node+3 · · Score: 1

      Who's blaming an app? They are saying it aids, not "is the reason for". It's not the "either-or" you are making it out to be.

      Apple generally tries to be a responsible member of the community. Not aiding drunk drivers seems like a responsible thing to do.

    54. Re:No more apples by SaroDarksbane · · Score: 1

      So police should be able to stop and search anyone walking on a public sidewalk at any time, and for any (or no) reason? After all, the constitution says nothing about sidewalks either.

    55. Re:No more apples by node+3 · · Score: 1

      But, you have to remember that rights are more important than a single life.

      You mean the right Apple has to decide which apps it will or will not sell, right? No one is saying you don't have the right to warn others about a DUI checkpoint (although it may be illegal in some states, I don't know. But that's outside of the scope of the issuance at hand).

    56. Re:No more apples by dkleinsc · · Score: 1

      You're in the United States, so the Bill of Rights always has bearing. For instance, there is Fourth Amendment case law that makes it quite clear that cars on public streets do fall into "houses, persons, papers and effects".

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    57. Re:No more apples by uniquename72 · · Score: 1

      I've BEEN hit by a drunk driver -- on a motorcycle, no less -- and still use an Android app that lets me avoid checkpoints. I also use Google maps, which shows me other types of traffic problems (including crowdsourced DUI checkpoints, if you think about it!) I suppose that should be banned as well? After all, think of the children!

    58. Re:No more apples by nschubach · · Score: 1

      Google Maps works on most highways, but not all major roads and side streets.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    59. Re:No more apples by uniquename72 · · Score: 1

      The Supreme Court has already disagreed with you, so the argument is pointless.

    60. Re:No more apples by AK+Marc · · Score: 1

      Are you asserting that more people will drive drunk with these apps available? Or is the issue that your desire for vengance isn't satisfied if the chances of them getting away with it increase? And most people I know with these apps never drive drunk. Instead, they, like me, hate checkpoints of all kinds (they slow you down, and if you have a tail light out, an outstanding warrant for some speeding ticket you forgot about, or such, then you are in serious trouble. In fact, there are more than 10 times the number of arrests for non-driving offenses at these checkpoints. It's a way to violate the 4th Amendment, stop everyone, run their name, and arrest them if they find something. That's the primary result of them now, even if they are still called DUI checkpoints.

      And knowing where they are won't affect the legality of those who have outstanding warrants for their arrest, so your complaint that it encourages lawbreaking is unfounded and not supported by the facts.

    61. Re:No more apples by Anonymous Coward · · Score: 0

      Friends don't let friends use Bing.

    62. Re:No more apples by Anonymous Coward · · Score: 0

      There's a show similar to COPS called D.E.A. and I've seem them do exactly that.

      Their reason was that they had just busted a small-time drug-dealer who they had convinced to set up his dealer and the kid on the street recognized the suspect in the car and they were afraid he was going to tell the rest of the gang.

    63. Re:No more apples by Golddess · · Score: 1

      No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

      And that's not what's happening here.

      DUI checkpoints must be different where you live. Around here, that is exactly what is happening, since they have to stop everyone in order to catch the few drunks.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    64. Re:No more apples by xero314 · · Score: 1

      Little More clarification here. The ninth states that it is not restricted just because it is not listed as a protected right in the constitution. The Tenth grants the rights of further restrictions and protections, not listed in the constitution, to be up to each individual state. Mind you none of that mattes since the 14th is what arguably grants protection from the current practices of DUI check points, and constitutional amendments apply to federal and state governments.

    65. Re:No more apples by zoloto · · Score: 1

      That sounds more political and civil rights orientated than anything. The censorship perpetrated by corporations on behalf of the government, while technically illegal is blatantly immoral.

    66. Re:No more apples by eples · · Score: 1

      I'll play along with your enumeration of Constitutional rights:

      The 4th amendment states you cannot be searched without a warrant or probable cause.

      The 5th amendment states that you cannot be forced to provide evidence to incriminate yourself.

      Stopping people at random and forcing them to take a breathalyzer - without having observed them commit a crime or being informed from someone that they may have committed a crime - violates those two rights above. Clearly.

      And then on top of that, at what point do you get to invoke your miranda rights? After you were forced to incriminate yourself or before? After you were forcibly searched or before? After you are taken into custody or before?

      --
      I'm a 2000 man.
    67. Re:No more apples by dyingtolive · · Score: 1

      Do you have an exhaustive list of these privileges? I've often wondered what exactly they must be. Surely if the system of determining what is a privilege is permissive, there must be some list somewhere.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    68. Re:No more apples by Naturalis+Philosopho · · Score: 1

      Nail head, direct hit.

    69. Re:No more apples by AK+Marc · · Score: 1

      I'll bet that the parents of my friends would wait through a thousand checkpoints to have another day with their children.

      What a fucking waste of life. Your dead friend's parents should give up and move on. Killing more people through wasting their time our of hate won't bring back their kid, nor stop it from happening again.

      And before you ask, yes I have lost loved ones, but that doesn't mean I turned into some irrational bastard out to hurt everyone else because I got hurt (or "save" people with a cure worse than the disease).

    70. Re:No more apples by flaming+error · · Score: 1

      > the argument is pointless.
      SCOTUS decisions are less final than you think. They've been wrong before, they've reversed precedent before.

      Here basically the SCOTUS decision was that this was indeed a 4th amendment "intrusion" but checkpoints are not *unreasonable* if the state's "compelling interest." outweighs the "inconvenience" to the motorist.

      SCOTUS eviscerated that amendment. Government stopped weighing their intrusions against our inconveniences long ago, and SCOTUS just moves the bar to match.

    71. Re:No more apples by omarius · · Score: 1

      Sorry, but I beg to differ--if/when the company is caving under pressure from the U.S. Senate, it becomes a free speech issue. Likewise, if there's a law in any state amounting to "Don't talk about DUI checkpoints" then that is also a free speech issue. I could accept an argument that it's constitutional to outlaw telling a drunk about a checkpoint so s/he may avoid arrest, but such a law would be extraneous at best, since there are already laws forbidding conspiracy and aiding and abetting. But that's just my opinion, of course. I don't necessarily expect anyone to agree with it.

    72. Re:No more apples by AK+Marc · · Score: 1

      The vast majority of arrests at these checkpoints aren't for DUI. So if you drive drunk, you are still safer than the average person. They stopped being about drunk driving in the mid to late 80s.

    73. Re:No more apples by Anonymous Coward · · Score: 0

      > you're in full control of your faculties

      Ok. If this is about competence and control, when somebody appears to be driving dangerously, that's "probable cause" and the police should stop them.

      But randomly stopping people who don't seem to be doing anything wrong is, in fact, a police state sort of activity.

    74. Re:No more apples by perryizgr8 · · Score: 1

      no.
      android FTW!!!!1

      --
      Wealth is the gift that keeps on giving.
    75. Re:No more apples by bronzey214 · · Score: 1

      ...open container for an energy drink?

    76. Re:No more apples by Tetsujin · · Score: 1

      ...open container for an energy drink?

      I got that it was a non-alcoholic drink. I was under the impression that open container laws applied to any beverage container, alcoholic or not, leaving cops free to abuse the power provided by the law and/or use it as an excuse to look for other violations.
      But I was wrong. That's what I get for not fact-checking simple bits of information like that. :)

      --
      Bow-ties are cool.
    77. Re:No more apples by flaming+error · · Score: 1

      You have the Constitution backwards. The original intent was not to give rights to citizens, but to impose responsibilities and limitations on government.

      The Bill of Rights was added afterwards, to placate the fears some States had that a strong central government could take on a life of its own and start thinking it was the master instead of the servant.

  3. Aside from hype, Apple's real policy... by sonnejw0 · · Score: 3, Informative

    ... is merely to ban apps that contain checkpoint information that is not publicly available. A Checkpoint app that uses data from public police information is still acceptable, and nearly every police department in the nation not only publishes their checkpoint dates and locations, but ADVERTISES THEM on TV and the local news.

    Everybody wants so much drama where there actually isn't any. It's annoying.

    1. Re:Aside from hype, Apple's real policy... by Kenja · · Score: 4, Informative

      If you can look at something, and tell others about its existence, it is by definition public information.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Aside from hype, Apple's real policy... by somersault · · Score: 1

      You mean seeing that there is a check being done somewhere somehow means that it isn't "publicly available"? Where else would this app get its info if it wasn't from public records, or people reporting checks in? Both of which should be legal.

      --
      which is totally what she said
    3. Re:Aside from hype, Apple's real policy... by Attila+Dimedici · · Score: 1

      Actually, if I remember correctly, they are REQUIRED to advertise them. I believe there was a court ruling that said DUI checkpoints were only Constitutional if they were well advertised in advance.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      If you park a police car by the side of the road and flag motorists to pull over this information is publicly available.

    5. Re:Aside from hype, Apple's real policy... by TheGratefulNet · · Score: 5, Informative

      obstruction of justice. that's what they'll get you on.

      there used to be a custom on the road: when you saw a speed trap, you blinked your lights to the oncoming traffic to warn them. this, in many states, can you get cited ;(

      citizens having power SCARES those in charge. (story at 11)

      --

      --
      "It is now safe to switch off your computer."
    6. Re:Aside from hype, Apple's real policy... by FatAlb3rt · · Score: 0, Flamebait

      Annoying? What's annoying is people who apologize on Apple's behalf. That's kinda what you're doing after all.

    7. Re:Aside from hype, Apple's real policy... by tangelogee · · Score: 0

      Personally, I never flash my lights. Why should I let someone doing something that's worthy of getting pulled over for get a free ride? Spoken as someone in the Washington DC area who is sick of everyone street racing through traffic.

    8. Re:Aside from hype, Apple's real policy... by MobileTatsu-NJG · · Score: 2

      There's an exemption in the Apple Store policy about DUI checkpoints that are published by the authorities.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    9. Re:Aside from hype, Apple's real policy... by Rockoon · · Score: 5, Informative

      50 MPH zone transitioning into a short 35 MPH zone on a straight and level consistently wide road, is for no reason other than to allow the creation of a speed trap so that the town where that 35 MPH zone resides can stick it to people. Yes, I flash my high beams.

      --
      "His name was James Damore."
    10. Re:Aside from hype, Apple's real policy... by flaming+error · · Score: 1

      REQUIRED, huh? That may be, but who could and would enforce that?

      Numerous SCOTUS rulings indicate the Constitution can be safely ignored by the Government. Worse thing that happens is SCOTUS says Congress needs to make the infringing activity legal, which they promptly do.

    11. Re:Aside from hype, Apple's real policy... by langelgjm · · Score: 1

      Eh, 35 on the open parts of New York Avenue is pretty weak... also, leaving work-zone speed restrictions up when the work has been finished for weeks... and $125 is the minimum fine... yeah, people speed, but I don't wish tickets on most of them.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    12. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Sounds like entrapment. Do you seriously have that kind of shit? Sounds unconstitutional.

    13. Re:Aside from hype, Apple's real policy... by kimvette · · Score: 3, Interesting

      there used to be a custom on the road: when you saw a speed trap, you blinked your lights to the oncoming traffic to warn them. this, in many states, can you get cited ;(

      Question: where speeding is (in most cases) not criminal, and the purported goal of speed traps is for safety, not revenue collection, drivers flashing their headlamps achieves the oft-stated goal: getting drivers to slow down. Why should they care if people slow down a couple thousand feet before the speed trap? You would think that if the real purpose of speed traps is to increase safety (study after study after study have consistently demonstrated that speeding in and of itself is not dangerous) then they would encourage ANY means to get drivers to slow down. Calling it obstruction of justice is idiotic because it shows that all they care about is revenue.

      People on the road today are idiots - especially here in Massachusetts (there is a reason the word Masshole exists): yield signs mean "cut the other person off," stop signs mean "proceed without stopping or slowing and without checking for traffic," red lights mean "Punch it! You have a three-second grace period" and someone turning on their turn indicators (blinkers in New England nomenclature) is an indication that you are to speed up and not let the person change lanes so that they can't get to their exit. Also, we have our highways backwards: often the leftmost lane is the "drive 55mph in the 60mph|65mph zone and read a book", the middle lane is the one that you never travel in but the one where you cut off everyone who thinks it's the travel lane, and the right lane is the passing lane - and if the right lane is taken, then the breakdown lane becomes the passing lane.

      On top of that people have no sense of custom: I've had one batshit insane bitch cuss me out - she signaled to change lanes in front of me, so I quickly flashed my highs twice; this historically means "go ahead you're clear." She didn't change lanes but slowed down. Whatever. So a little further she puts her turn indicator on again so again I flashed my highs and WAVED signaling "go ahead." She didn't change lanes. Well the road narrowed so she pulled behind me, and then coming up to a traffic light she pulls up next to me and starts cussing me out. I told her that I was signaling for her to go ahead and change lanes, and even slowed down to give her more room, and she didn't take it. She continued to cuss me out. I just called her a moron and continued on my way when the light turned green. There are customs on the road - flashing your lights to signal to someone (truckers ESPECIALLY follow this - or used to) to go ahead and pull in front of you; the flashing indicates "you're clear" and when you move over, you signal "thanks" by flashing rear fogs or brake lights (many truck drivers do that to this day, but many do not any more) once you're in your lane. Flashing your highs at oncoming traffic in daylight means "speed trap ahead" - and flashing when you are behind someone in the passing lane (in MA, the slow-down-to-5-10mph-under-the-limit-and-read-a-book-or-eat-your-sub-or-watch-a-DVD-lane) means "please move over I'd like to pass."

      When I travel outside of New England, it's refreshing to see that many people recognize and follow rights of way, light signal customs, and all of that.

      Anyway, back to the topic: if people signaling gets people to travel "more safely" (ignoring studies on "speeding" - I'm talking about the propaganda about why there are artificially low speed limits and the according speed traps) then why should police departments complain about people slowing down? It just proves that it's about revenue and power, not safety at all.

       

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    14. Re:Aside from hype, Apple's real policy... by Capt+James+McCarthy · · Score: 0

      Personally, I never flash my lights. Why should I let someone doing something that's worthy of getting pulled over for get a free ride? Spoken as someone in the Washington DC area who is sick of everyone street racing through traffic.

      Everyone street races in DC? Really? Or is it that folks don't understand that the left hand lane is for passing and slower traffic should move to the right.

      --
      There are no loopholes. It's either legal or it's not.
    15. Re:Aside from hype, Apple's real policy... by TaoPhoenix · · Score: 1

      Canary it.

      "Moving, Moving, Moving, STOPPED for no reason."

      How Foursquare? "I really like Mile 37 on the highway. You GOTTA see the AWESOME tree!"

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    16. Re:Aside from hype, Apple's real policy... by Totenglocke · · Score: 1

      We have a road near my house where the speed limit used to change three times in half a mile - they've at least changed it to only two times now, but there's still no reason for it but to let cops sit right at a bend in the road and wait for someone to not change speed. I always hit the high beams when driving through there at night so I can make sure there isn't a cop sitting there.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    17. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      I do but its worse, 55 to 25.
      No schools, no churches, no width change in the road, nothing reasonable enough to drop it 30 mph.

    18. Re:Aside from hype, Apple's real policy... by Nidi62 · · Score: 2

      But it doesn't say where they have to advertise it. For all we know, it could be on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard', and they would still be in compliance of the law.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    19. Re:Aside from hype, Apple's real policy... by Duradin · · Score: 4, Funny

      "this historically means "go ahead you're clear.""

      That's news to me. It traditionally means "clear the way, I'm moving faster than you."

    20. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Cited for what? In what state? When I was 16 I drove around with a Cobra CB (as all my friends had), and we used to broadcast and receive reports on police positions. Truckers love doing this. Get on any major highway (I-5 for instance) and if you listen, you can find out where every cop on the highway is. You can ask too. "This is beamer, any smokies around dusty's tavern?" "Roger that beamer, the bear is on the overpass"

      I've never been told you can't do that, and frankly, I'd fight the hell out of it if I were cited for that kind of activity. However, I get the impression you might be the type that is better safe than sorry, and that's cool. Move along citizen, nothing to see here.

    21. Re:Aside from hype, Apple's real policy... by wootcat · · Score: 1

      More often I see truckers not flashing their brights, but flicking their headlights off, then on again. Not sure if that would have meant anything different for her.

      --
      I'm really a low 5-digit Slashdotter, but this ID is where I am now.
    22. Re:Aside from hype, Apple's real policy... by Totenglocke · · Score: 1

      OK, I'm just going to have to ask how old you are after that "double flash" comment. Either that's a New England thing or you're just REALLY old and remembering a tradition from the early days of motoring. I wouldn't have cussed you out, but I probably would've thought "WTF is this asshole getting angry and flashing his lights for just because I'm trying to change lanes?"

      To further support the fact that it's about making money and not safety (or else why did the Federal government have to threaten to withdraw Federal funding for highways if states didn't lower their speed limit to 65?), a friend of mine was pulled over the other weekend - she informed the cop that she was doing 65 because she thought that's what the speed limit was (for revenue purposes, that part of the highway drops down to 55 for a few miles, then back to 65) and he said he would let her go, but it's Memorial Day weekend and it's one of their biggest revenue weekends so they have to give out a ticket to everyone they stop.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    23. Re:Aside from hype, Apple's real policy... by wootcat · · Score: 1

      I remember when it was customary during the day to turn on your lights when passing a speed trap. Nowadays, that doesn't really work with all the newer cars sporting always-on lights.

      --
      I'm really a low 5-digit Slashdotter, but this ID is where I am now.
    24. Re:Aside from hype, Apple's real policy... by zach_the_lizard · · Score: 1

      One road in my town is four lanes, low traffic, and well maintained. It is 25 mph transitioning to 35 and then 45 mph. When it reaches 45, it is surrounded by businesses, well traveled, and has all sorts of intersections. In fact, because of the businesses and lights, no one drives 45 there, even at midnight, because the limit is too high. Previously it was 35-45 (never 25). There are very few accidents there (none I'm aware of). What changed in the past month or two? Lower revenue. There is now a cop stationed at the 25 mph portion routinely.

      Another road has a speed limit sign that is blocked from view until the last second by other signs (it goes from 35-25) and there's a cop there all the time.

      --
      SSC
    25. Re:Aside from hype, Apple's real policy... by Palindr0me · · Score: 1

      While not debating whether or not speeding is a safety issue - If they want people to slow down, then I would think that having them temporarily slowed down because someone flashed them is not nearly as effective as making them pay a fine when they're caught.

    26. Re:Aside from hype, Apple's real policy... by Leuf · · Score: 1

      Yes, because the only factors considered in determining the speed limit are the straightness and width of the road.

    27. Re:Aside from hype, Apple's real policy... by phoenixwade · · Score: 1

      50 MPH zone transitioning into a short 35 MPH zone on a straight and level consistently wide road, is for no reason other than to allow the creation of a speed trap so that the town where that 35 MPH zone resides can stick it to people.

      I see you've driven our famous Highway 301 in North and Central Florida. Most of those little towns actually fund the Police force with speeding tickets.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    28. Re:Aside from hype, Apple's real policy... by operagost · · Score: 1

      An app that publicizes "secret" checkpoints is the one we need-- because those checkpoints have been confirmed by the courts to be 100% unconstitutional. Technology is one of the few tools we have at the moment to resist the police state.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    29. Re:Aside from hype, Apple's real policy... by Registered+Coward+v2 · · Score: 1

      obstruction of justice. that's what they'll get you on.

      there used to be a custom on the road: when you saw a speed trap, you blinked your lights to the oncoming traffic to warn them. this, in many states, can you get cited ;(

      citizens having power SCARES those in charge. (story at 11)

      True, but at least some state courts have a proper understanding of our constitution and traditional actions when faced with authority we find unreasonable:

      In 1994, New York Supreme Court, Appellate Division held that flipping or flicking high beams at approaching vehicles is insufficient to cause the "dazzling lights" prohibited under New York Vehicle and Traffic Law Section 375. In 2009, the New York Supreme Court held that the flashing of lights alone is not a violation of New York Vehicle and Traffic Law Section 375, that stopping a vehicle based upon that is illegal, and all evidence gather as a result of the illegal stop should be suppressed.

      In Ohio, courts have held that the act of flashing one's headlights so as to alert oncoming drivers of a radar trap does not constitute the offense of obstructing a police officer in the performance of his duties, where there was no proof that the warned vehicles were speeding prior to the warning. In another case, where a driver received a citation under an ordinance prohibiting flashing lights on a vehicle, a court held that the ordinance referred to the noun of flashing lights and did not prohibit the verb of flashing the headlights on a vehicle. In a difference case, a court held that a momentary flick of the high beams is not a violation of Ohio R.C. 4513.15(which prohibits drivers from aiming glaring rays into the eyes of oncoming drivers).

      In Pennsylvania, the Supreme Court of Pennsylvania has ruled that flashing one's highbeams during the day to warn of speed traps is legal.

      In Tennessee, flashing headlights to warn oncoming traffic of a police car ahead is protected free speech under the First Amendment to the United States Constitution.

      In Virginia, headlight flashing to warn of police activity is not illegal, even though other evasion techniques like radar detectors are outlawed.

      Source: Wikipedia

      --
      I'm a consultant - I convert gibberish into cash-flow.
    30. Re:Aside from hype, Apple's real policy... by SirWhoopass · · Score: 1

      If it is near your house, then you are a citizen of the jurisdiction that controls the road. Likely city or county, possibly state. Go to your city/county council and politely ask the engineer for the data that supports the speed limits. They usually have information on traffic count, visibility distance, or road design speed to justify the speed limit. Sometimes not.

      My city has a few areas that were set in the 1960s because somebody wanted people to slow down near their house, or whatever. People just accepted it for decades. Looking into it, we have no current justification, and we are changing them.

      A word of caution: doing the work of actively participating, sitting through meetings, writing letters, etc. may make you cynical towards people who simply bitch in online forums.

    31. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      Got any evidence of where that happens? The only place I've seen something like that happen is when there is an actual town at the highway.

    32. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 1

      So, basically what you are saying is: citizens having power sacres the citizens that have power?

      Then why do you give them power?

    33. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      Not in town.

    34. Re:Aside from hype, Apple's real policy... by Digicrat · · Score: 1

      Yep. And it's an automated speed camera to. Just past the point where the speed limit drops after you've left the highway proper, but long before you can even remotely consider that road anything but a highway itself.

      At least in MD when they've been setting up speed cameras in construction zones, they actually leave the speed limit at a reasonable 55 or 65 (on one stretch of I-95 by the ICC, it actually feels like they raised the official speed limit to 65 when you enter the construction zone . . . :-)

      I've never heard of that usage of flashing headlights before, normally I only see people flashing lights when their being impatient idiots not looking at the road ahead . . .

    35. Re:Aside from hype, Apple's real policy... by a_nonamiss · · Score: 2

      Until fairly recently, a town near mine had 45 to 35 drop on a wide, open, straight road. Worse, they knowingly placed the 35MPH sign such that it was partially obstructed by a tree. There was one judge in the small town that decided early on this was no excuse. For years, the town of 60 residents had 14 police officers whose only job was to sit next to the 35MPH sign on either side of town and reel in speeders.

      Eventually, the state put a stop to this and dissolved the town. But it was like that for nearly 60 years.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    36. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      (study after study after study have consistently demonstrated that speeding in and of itself is not dangerous

      Citation Needed.

      On top of that people have no sense of custom: I've had one batshit insane bitch cuss me out - she signaled to change lanes in front of me, so I quickly flashed my highs twice; this historically means "go ahead you're clear." She didn't change lanes but slowed down.

      Is that in the DMV handbook? Cause I've never heard that, and I'm guessing I'm not alone, as I've never seen it either.

      (many truck drivers do that to this day, but many do not any more)

      I think that shows that custom has died.

    37. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      Then if you get caught by one, bring suit and say they didn't advertise it per the guidelines that the SCOTUS set forth.

    38. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      Hey, just because you never bothered to look is no fault of ours.

    39. Re:Aside from hype, Apple's real policy... by s73v3r · · Score: 1

      Nothing saying we can't recreate it as a web app.

    40. Re:Aside from hype, Apple's real policy... by CrackedButter · · Score: 1

      EVERYBODY WINS!

    41. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      ... the flashing indicates "you're clear" ...

      In some parts of the country (DC Beltway among others) it means "don't you dare get in front of me" and "WTF did you just do asshole".

      When driving just obey the law - meaning, don't be nice because it just confuses people. If you have the right of way, you have the right of way and drive like it - everyone is better off that way. The only people who have a problem with that are BMW and Audi drivers.

    42. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Indeed.

      The problem with the 'flashing lights' conventions is that there are so many of them:
      -"Speed trap nearby"
      -"Go ahead, you're clear"
      -"Watch out, I'm in your blind spot"
      -"Stop doing what you're doing"
      -"Move out of the way, I want to pass"
      -"Your lights aren't on" (or other variants of "something's wrong with your car")
      -"I'm mad about something you just did"

      Basically, 'flashing lights' (and 'honking horn') is a very low bandwidth communication mode. It has the same information content as yelling "Hey!". You don't know if they are angry, trying to help you, telling you to go ahead, etc. There are some conventions, but there are too many conventions, and some of them directly conflict ("go ahead" vs. "watch out"). So the end result is that it's not a particularly powerful communication mode. You can, and should, use it to get a driver's attention. Force them to look around and think twice about what they are doing (whether that's driving too fast, too slow, changing lanes, etc.). Expecting anything beyond that is simply unrealistic.

    43. Re:Aside from hype, Apple's real policy... by a_nonamiss · · Score: 1

      Nope, I'm with GP. I flash my lights to let people get over, and usually they understand me. I've had people do the same to me. Ohio, 35 years old.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    44. Re:Aside from hype, Apple's real policy... by osgeek · · Score: 1

      Question: where speeding is (in most cases) not criminal, and the purported goal of speed traps is for safety, not revenue collection, drivers flashing their headlamps achieves the oft-stated goal: getting drivers to slow down. Why should they care if people slow down a couple thousand feet before the speed trap? You would think that if the real purpose of speed traps is to increase safety (study after study after study have consistently demonstrated that speeding in and of itself is not dangerous) then they would encourage ANY means to get drivers to slow down. Calling it obstruction of justice is idiotic because it shows that all they care about is revenue.

      By that logic, wouldn't it be okay for me to warn a drug dealer that a cop was coming up the street in the interest of getting him to stop selling drugs?

      I could see where the police would argue that getting a ticket is a much greater deterrent against future speeding than just having headlights flashed at you.

    45. Re:Aside from hype, Apple's real policy... by digitalsushi · · Score: 1

      we do the same all the way up here in southern new hampshire. i'm too lazy to google where massachusettes is but i believe it is definitely in new england as the OP claims.

      --
      slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    46. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      In some places, you can fight those tickets by claiming that since police enforce traffic safety, seeing them actively enforce it means that there are unsafe conditions. You were therefore only warning drivers of the unsafe conditions ahead. Attempts to refute this require the policeman explaining they weren't enforcing safety rules, but speed limits, and there are still some judges that believe the idea of tickets is to improve road safety, not increase public coffers.

    47. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      So couldn't we say that knowing or learning the law is obstruction of justice too?

    48. Re:Aside from hype, Apple's real policy... by ColdWetDog · · Score: 1

      There are customs on the road - flashing your lights to signal to someone (truckers ESPECIALLY follow this - or used to) to go ahead and pull in front of you; the flashing indicates "you're clear" and when you move over, you signal "thanks" by flashing rear fogs or brake lights (many truck drivers do that to this day, but many do not any more) once you're in your lane.

      You have to trust people to do that. Don't know about you, but I just don't really just random people these days with my safety.

      Perhaps just one more sign of the impending heat death of the universe.

      --
      Faster! Faster! Faster would be better!
    49. Re:Aside from hype, Apple's real policy... by JoshHeitzman · · Score: 1

      Or it may make you want to become a corrupt politician, so you to can get paid for doing the same thing, instead of doing on your own time.

      --
      Software Inventor
    50. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      I would have to agree. I live in AZ and have traveled I-10 between Phoenix and Tucson and many times to California. I also do this drive latter at night so as to avoid traffic but on many occasions I have witnessed the common trucker acknowledgment of you are all clear by a flash or flick of the lights (either a double flick of the brights"highs" or a complete shutoff of all running lights for a brief second) I too have used this on occasion for many cars and big rigs on these drives. Here in AZ it seems to be common place for people to grasp what the flicking lights means, oncoming means speed trap. when someone is passing its the all clear go ahead and get over.

    51. Re:Aside from hype, Apple's real policy... by InsGadget · · Score: 1

      Ahhh, good old Waldo, Fl. :)

      I love the billboards someone put up along that stretch of highway to alert you to the speed traps coming up.

    52. Re:Aside from hype, Apple's real policy... by bev_tech_rob · · Score: 1

      and flashing when you are behind someone in the passing lane (in MA, the slow-down-to-5-10mph-under-the-limit-and-read-a-book-or-eat-your-sub-or-watch-a-DVD-lane) means "please move over I'd like to pass."

      I wish folks in Arkansas & Oklahoma would remember that. You flash your lights at them in the left lane, they get pissed and slow down...but we are getting way off-topic, now.

      --
      You're messin' with my Zen Thing, man.....
    53. Re:Aside from hype, Apple's real policy... by gknoy · · Score: 1

      I was told (but have not confirmed from anyone knowledgeable) that it was considered courteous to blink your lights at a trucker who is trying to pass you to tell them that they've safely gone past you, and can pull in front of you. I've done this on the very rare times that I've been driving at night and been passed by a semi, and he behaved as expected (cut in front of me).

    54. Re:Aside from hype, Apple's real policy... by InsGadget · · Score: 1

      Technically, you never have the right-of-way. You are GIVEN the right-of-way, but you never actually have it. Yes, it's confusing.

    55. Re:Aside from hype, Apple's real policy... by gknoy · · Score: 1

      http://www.npr.org/templates/story/story.php?storyId=1493749

      In some jurisdictions, flashing your lights has been interpreted as protected First Amendment speech. I'm pretty sure that you could take that pretty far up the appeals chain if necessary, too.

    56. Re:Aside from hype, Apple's real policy... by SilentStaid · · Score: 2

      That's a common misconception about what entrapment really is. In order for that to be entrapment, you'd have to have a uniformed officer telling you to speed. There are three conditions for entrapment to be considered.

      Entrapment holds if all three conditions are fulfilled:

      1. The idea for committing the crime came from the government agents and not from the person accused of the crime.
      2. Government agents then persuaded or talked the person into committing the crime. Simply giving someone the opportunity to commit a crime is not the same as persuading them to commit that crime.
      3. The person was not ready and willing to commit the crime before interaction with the government agents.
      Source

    57. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      This is blinking to *oncoming* traffic, not the car in front of you.

    58. Re:Aside from hype, Apple's real policy... by SirWhoopass · · Score: 1

      Where I live the local politicians get paid very little for the amount of hours they put in. I think this is rather unfortunate because it limits political office to people who don't need to work full time. Usually retirees or the spouse of someone who makes a lot of money.

      Those who serve on advisory committees get paid nothing at all (although it is only about 5 to 15 hours a month). The city is usually begging for volunteers to fill positions on the committees. And the committees are where a lot of decisions actually get made (the politicians can always go against the committee's recommendation, but seldom do).

      Of course, there is the perception that everyone must be corrupt or have some nefarious agenda. Otherwise, why would someone volunteer their time to make their community a better place?

    59. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Most places you flash to pass. That probably explains why the lady was slowing down. (Because she's wanting you to go by.) I'm pretty sure that's how most driver's ed books are too. (At least it was that way in the last version of Illinois "Rules of the Road" publication I read. Which was some 1980's edition.) So whatever you're doing appears half-bass-ackwards to anybody not from the New England area.

      I was going to cite Wikipedia, but it turns out there's way too much ambiguity between state laws. (Which is kind of f'd up, considering how interstate commerce is supposed to work.) Still I'd say that 90% of the country flashing the high-beams means: "I'm planning on passing you." or if it's head on "Turn down your high-beams jackass!" or "Speed trap ahead". In some cases it's also a quiet substitute for the horn, like when somebody cuts you off in front of a whole bunch of houses at 2AM.

    60. Re:Aside from hype, Apple's real policy... by SeeSp0tRun · · Score: 1

      The only reason we (massholes) know where NH is, is because you're our taxless hat!

      --
      Something witty.
    61. Re:Aside from hype, Apple's real policy... by SeeSp0tRun · · Score: 1

      Apples and Bananas... Selling drugs is (depending on the amount, etc etc etc) a criminal offense. If the person is going 2x the speed limit, it becomes criminal, but something tells me not too many have gone 130mph+ (65mph zone).
      A better analogy would be advising someone to not jay walk, because it will disrupt traffic and possibly get them killed, then a cop citing you for obstruction of justice.

      --
      Something witty.
    62. Re:Aside from hype, Apple's real policy... by Attila+Dimedici · · Score: 1

      It is not a law. It is a court ruling and the court ruling is that the police have to notify the public in advance of where and when DUI checkpoints will be set up. Which means that these apps actually make the job of the police easier, by publishing this information for them. DUI checkpoints are probably unConstitutional (according to the Supreme Court), but the Courts have decided that they serve a public good that outweighs the amount they violate the Constitution (Ok that is an interpretation of the Supreme Court ruling).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    63. Re:Aside from hype, Apple's real policy... by tangelogee · · Score: 1

      Everyone street races in DC? Really?

      I will give you that, I should have written "everyone who street races" instead of "everyone street racing."

      Or is it that folks don't understand that the left hand lane is for passing and slower traffic should move to the right.

      However, 85 in a 55 going from the far left lane to the far right lane, and various lanes in between on the DC beltway means that everyone not doing your speed should just pull over to the shoulder? I think not. If I am passing cars in the right lane, just not at asinine speeds, I don't need to move, you need to slow down.

    64. Re:Aside from hype, Apple's real policy... by wolfemi1 · · Score: 1

      Depends on whether or not you're in the same lane. Context makes it relatively easy to figure out, but that's one thing that I had to learn from watching truckers do it. In my experience, ZERO non-truckers have ever done that for me.

    65. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      "this historically means "go ahead you're clear.""

      That's news to me. It traditionally means "clear the way, I'm moving faster than you."

      Agreed. I have... never, ever heard of this.

    66. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Read his story carefully. The lady was not on his lane. She was trying to get on his lane. He was further behind her and flashed his high beams to signal an "all clear, go ahead" to her.

      He then described how, if you are behind another vehicle, your flashing of the high beams is to be interpreted as what you say, "clear the way, I'm moving faster than you."

      So, this means the lady was mad because she could not understand what was going on, and thought he was being a dick.

    67. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      It's not a very effective signal for "I'm going to pass." I'm not sure I'd notice someone behind me flashing their lights.

    68. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      It's not illegal to tell someone else that you see cops pulling people over at a certain place... If you do something on a public road it is by definition public knowledge.

    69. Re:Aside from hype, Apple's real policy... by mapkinase · · Score: 1

      I lived for 7 years in DC area and it never has been a problem. Here are the top problems:

      - slow drivers in left lanes
      - speed and HOV traps that force drivers to do sudden turns and sudden breaks leading to accidents.

      Take a bus.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    70. Re:Aside from hype, Apple's real policy... by mapkinase · · Score: 1

      That's irrelevant: Greediness of the local government

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    71. Re:Aside from hype, Apple's real policy... by mapkinase · · Score: 1

      GP is Asian or 100 yr old.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    72. Re:Aside from hype, Apple's real policy... by mikey1134 · · Score: 1

      I actually have heard this several times myself; mostly from truckers and people who knew truckers. From what I'm told, when you do that - in particular for a truck - it's taken as "you're past me, it's safe to merge". This is because - particularly with trucks - the driver might not be able to tell if they're trailer completely past you and at a safe distance to merge in front. I've used this many times and have also seen the mentioned return gesture of flashing brake lights.

      --
      <gir voice> I love this sig... </gir voice>
    73. Re:Aside from hype, Apple's real policy... by capedgirardeau · · Score: 1

      Well you are mistaken, when a truck is passing you and they have cleared the front of your vehicle, flashing your lights on and off once means they have cleared the front of your vehicle and it is ok for them to move over to the right in front of you.

      Then once they have completed their lane change they will often flash their running lights to say thank you for letting them know it was clear.

      Luckily for you, we often ignore any light "signal" from civilians.

      --
      Wax on, wax off baby!
    74. Re:Aside from hype, Apple's real policy... by nabsltd · · Score: 1

      However, 85 in a 55 going from the far left lane to the far right lane, and various lanes in between on the DC beltway means that everyone not doing your speed should just pull over to the shoulder?

      Between 7am and 7pm on workdays, if they can drive over 70mph on the Capitol Beltway for more than a mile, they must be using their Spy Hunter weapons to clear a path, so I say, yeah, you should probably pull over.

    75. Re:Aside from hype, Apple's real policy... by Tetsujin · · Score: 1

      People on the road today are idiots - especially here in Massachusetts (there is a reason the word Masshole exists): yield signs mean "cut the other person off," stop signs mean "proceed without stopping or slowing and without checking for traffic," red lights mean "Punch it! You have a three-second grace period" and someone turning on their turn indicators (blinkers in New England nomenclature) is an indication that you are to speed up and not let the person change lanes so that they can't get to their exit.

      I thought usage of blinkers was an indication that you'd left the state, wound up in New Hamster or some other place where the fundamental rules of the universe are different - where sales tax doesn't exist, where liquor stores are placed right next to the highway, where fireworks can be purchased, and where people use their turn signals sometimes instead of just assuming other people will figure out where they're going.

      --
      Bow-ties are cool.
    76. Re:Aside from hype, Apple's real policy... by Tetsujin · · Score: 1

      This is blinking to *oncoming* traffic, not the car in front of you.

      Unfortunately, in my car, I can't aim the headlights in different directions without turning the car around. If I aimed the headlights specifically at oncoming traffic, I'd wind up hitting oncoming traffic - or the median which prevents me from hitting oncoming traffic.

      --
      Bow-ties are cool.
    77. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      To me (a NJ and DC area driver), flashing the high beams indeed means "go ahead you're clear," whereas leaving the high beams on means "clear the way."

    78. Re:Aside from hype, Apple's real policy... by Tetsujin · · Score: 1

      The only reason we (massholes) know where NH is, is because you're our taxless hat!

      They're also "that state I pass through on my way to Maine". :)

      Ah, but I kid New Hamster. They also have cool mountains, Funspot, Weird Beach Drive-in, and at least one comic shop with a nice selection of Gundam kits.

      --
      Bow-ties are cool.
    79. Re:Aside from hype, Apple's real policy... by Tetsujin · · Score: 1

      Technically, you never have the right-of-way. You are GIVEN the right-of-way, but you never actually have it. Yes, it's confusing.

      I have tea. I also have no tea.

      --
      Bow-ties are cool.
    80. Re:Aside from hype, Apple's real policy... by Leuf · · Score: 1

      It's irrelevant that there might be another reason to lower the speed limit in that area besides the local government being assholes? It's a very common thing around here the minor highways are 40 or 50 mph but when you go through a more densely populated area with more traffic entering that the speed limit goes down to 30 or 35 for a short distance. Parent paints a picture of this being a perfectly straight road with no intersections that lowers the speed limit for no reason. I seriously doubt it.

    81. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      That's news to me. It traditionally means "clear the way, I'm moving faster than you."

      Flashing high beams: (Please) clear the road.
      Lights on/off: Go ahead, I'll make sure you have room to make the lane change.

      The reason the on/off gesture is used (instead of high beams) as the "go ahead" gesture is that you're deliberately trying not to blind the other driver by flashing high beams. (In daylight, toggle lights on/off. At night, briefly extinguish lights.)

      (Whereas in the case of "get out of my way", you want to make a slightly unpleasant gesture as a request to yield. A *brief* flash of high beams, preferably when well-behind the slowpoke, and when the slowpoke has room to safely move over, is an acceptably polite "Please move over so that I can pass without having to go around you". Riding the guy's bumper and hitting him with a sustained blast of high beams is more like "GTFO of my way, and I'm as big a douche as you are!" :)

    82. Re:Aside from hype, Apple's real policy... by Tetsujin · · Score: 1

      There's an exemption in the Apple Store policy about DUI checkpoints that are published by the authorities.

      So are the exempting apps containing published information? Or are they exempting only apps published by "the authorities"?

      --
      Bow-ties are cool.
    83. Re:Aside from hype, Apple's real policy... by basotl · · Score: 1

      Except when they have their turn signal on. There are only so many ways to visually communicate in a car.

      --
      HTC EVO 4G LTE w/ CM 10.2 | NookColor w/ CM 10.2 | Samsung Epic 4G w/ CM 10.1
    84. Re:Aside from hype, Apple's real policy... by GodfatherofSoul · · Score: 1

      YES! I've seen roads like this all over KC with no justifiable reason for really low speeds.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    85. Re:Aside from hype, Apple's real policy... by MobileTatsu-NJG · · Score: 1

      They're saying "If you want your app approved, don't crowdsource DUI checkpoints."

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    86. Re:Aside from hype, Apple's real policy... by nschubach · · Score: 1

      I just recently read about that. The amount of corruption involved in that whole town left me flabbergasted.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    87. Re:Aside from hype, Apple's real policy... by uniquename72 · · Score: 1

      Fortunately, we can use our brain to analyze the situation in milliseconds and decide which -- if any -- of these applies. Then we can take whatever appropriate action is necessary, if any. Or we can do nothing, in which case, nothing has been gained or lost by the flashing of lights.

    88. Re:Aside from hype, Apple's real policy... by nschubach · · Score: 1

      A friend of mine is doing that currently for a stretch of road that just crosses over the corner of a jurisdiction line. It's a 55 mph road and there's 150 feet of it that drop to 35 mph but there are no houses, or intersections near that part of the road. I would have thought the person putting up both the 35mph and 55mph signs within 150 feet of each other would have questioned it.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    89. Re:Aside from hype, Apple's real policy... by nschubach · · Score: 1
      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    90. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      You're assuming that paying a fine will make them slow down in the future, which is a pretty serious assumption. Especially since it's now possible (in my city) to, instead of paying the fine, pay a lawyer $99 to make the ticket go away. Of course, I speed frequently and haven't gotten pulled over in 20 years.

    91. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      "this historically means "go ahead you're clear.""

      That's news to me. It traditionally means "clear the way, I'm moving faster than you."

      When signaled at you from directly behind, yes. Especially if you are in the left hand lane when someone is signaling that. But if you are signalling for a lane change (from left to right, after passing, for example) and the person behind you signals back with two flashes, the message is "you're clear to move over."

      At least that's the convention in my region(s) (South Eastern/South Western USA). In some states, you were also signalling (legally) that you were cooperating with the passing driver (slowing down so they could move over) but I think most of those laws have been repealed (or would never be enforced), since the convention is slowing dying...Unfortunately.

    92. Re:Aside from hype, Apple's real policy... by nschubach · · Score: 1

      (study after study after study have consistently demonstrated that speeding in and of itself is not dangerous

      Citation Needed.

      http://www.motorists.org/ma/kill.html

      On top of that people have no sense of custom: I've had one batshit insane bitch cuss me out - she signaled to change lanes in front of me, so I quickly flashed my highs twice; this historically means "go ahead you're clear." She didn't change lanes but slowed down.

      Is that in the DMV handbook? Cause I've never heard that, and I'm guessing I'm not alone, as I've never seen it either.

      Do you need to read a government mandated manual that gives you permission to courtesy flush as well? Do you refer to your local ordinance manual when someone holds a door for you? I'm just curious if you only do what your local government tells you to do in situations regarding common courtesy.

      I routinely flash to allow trucks over and I usually get a customary return flash of their trailer lights in thanks.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    93. Re:Aside from hype, Apple's real policy... by Palindr0me · · Score: 1

      It's certainly more likely to make them slow down in the future than someone alerting them and them having no negative consequences whatsoever. Even a $99 lawyer fee is some incentive to not have to deal with it again.

    94. Re:Aside from hype, Apple's real policy... by Rakarra · · Score: 1

      she signaled to change lanes in front of me, so I quickly flashed my highs twice; this historically means "go ahead you're clear."

      I have never heard another person who made this association. Normally flashing your highs is a warning, such as if another driver forgot to turn their headlights on. I certainly wouldn't have known flashing would mean "go ahead, you're clear," and I don't know of a single other person who would.

    95. Re:Aside from hype, Apple's real policy... by revlayle · · Score: 1

      So... you live in Massachusetts also?

    96. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      "this, in many states, can you get cited ;(" [citation needed]

    97. Re:Aside from hype, Apple's real policy... by L0rdJedi · · Score: 1

      "this historically means "go ahead you're clear.""

      That's news to me. It traditionally means "clear the way, I'm moving faster than you."

      Now who's the idiot? Apparently you missed this part of his post:

      and flashing when you are behind someone in the passing lane (in MA, the slow-down-to-5-10mph-under-the-limit-and-read-a-book-or-eat-your-sub-or-watch-a-DVD-lane) means "please move over I'd like to pass."

    98. Re:Aside from hype, Apple's real policy... by borrrden · · Score: 1

      Upstate New York, 25 years old and I know about it too (my father has done it many times). It makes sense because it is difficult for a long truck to see how much room they have between the back of their cargo and your car and you are too far back for them to be able to see any hand motions you might make. So it's just a courteous way to let them know that they have enough space.

    99. Re:Aside from hype, Apple's real policy... by MobileTatsu-NJG · · Score: 1

      Hahah yeah! We should be voting for non-corrupt, selfless people instead! You're a genius!!!

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    100. Re:Aside from hype, Apple's real policy... by akamad · · Score: 1

      Question: where speeding is (in most cases) not criminal, and the purported goal of speed traps is for safety, not revenue collection, drivers flashing their headlamps achieves the oft-stated goal: getting drivers to slow down.

      I have to disagree with this. Flashing the lights only gets drivers to slow down for 5-10 seconds. For example, they are going 100 in an 80 zone, someone flashes coming the other way flashes their lights, so the driver knows there is a speed trap and they slow down to 80. Then, right after they pass the police, they'll start speeding again. So, like I said, flashing your lights at oncoming drivers only causes people to stop speeding for about 10 seconds max. However, if that speeding driver were to get caught speeding, there is more of a chance they won't speed at all next time since they'll be concerned about a fee or loss of license. So not knowing where speed traps are acts as a deterrent.

    101. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0


        so I quickly flashed my highs twice; this historically means "go ahead you're clear."

      Flashing your lights is often used by angry drivers to signal their displeasure with something; typically displeasure at being cut-off. Then at the lights you called her a moron and dismissively drove away, which is kind of condescending.

      If I was in her situation, you would have appeared to be an angry driver flashing his lights, actively blocking me during a lane change, cussing me out at the lights, then being rude and dismissive when the lights went green.

      Rule #1: everybody thinks they're an angel on the roads and the other person is the idiot.

    102. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      Dunno what you're talking about. Like the guy said, if you're directly behind someone flashing your lights means "I want to pass". If you're behind and to the side of somebody trying to merge into your lane then flashing your lights means "you're clear".

    103. Re:Aside from hype, Apple's real policy... by Chirs · · Score: 1

      There are customs on the road - flashing your lights to signal to someone (truckers ESPECIALLY follow this - or used to) to go ahead and pull in front of you; the flashing indicates "you're clear" and when you move over, you signal "thanks" by flashing rear fogs or brake lights (many truck drivers do that to this day, but many do not any more) once you're in your lane.

      I suspect this is a regional thing. I've never seen it here, and I've done a fair bit of long-distance driving.

    104. Re:Aside from hype, Apple's real policy... by GravityStar · · Score: 1

      Ditto. *ahem* Europe.

    105. Re:Aside from hype, Apple's real policy... by Totenglocke · · Score: 1

      I'm curious why you don't just do what the majority do and simply A) if there's enough room for them to get over, don't be a jerk and speed up or B) if there's not enough room for them to get over, slow down a bit so that they can get over?

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    106. Re:Aside from hype, Apple's real policy... by Anonymous Coward · · Score: 0

      I learned the "blink your lights to signal a speed trap" think from my mother, but the rest is news to me. Is there anywhere where this stuff is codified? I can't find anything on Google.

    107. Re:Aside from hype, Apple's real policy... by torgis · · Score: 1

      she signaled to change lanes in front of me, so I quickly flashed my highs twice; this historically means "go ahead you're clear."

      I have never heard another person who made this association. Normally flashing your highs is a warning, such as if another driver forgot to turn their headlights on. I certainly wouldn't have known flashing would mean "go ahead, you're clear," and I don't know of a single other person who would.

      Truck drivers in the US do this frequently. When there is a slower-moving truck in the right lane, and a faster-moving truck passes it on the left, once the rear of the passing truck is clear, the slower truck will flash his lights at the other driver to let him know that he is clear to move back over. Just a common courtesy. When you're driving an 80 foot rig, you don't want to accidentally sideswipe someone by changing lanes too soon. The passing truck will usually flash his running lights twice as a way of saying "thank you" to the slower truck.

  4. What exactly is illegal about those apps? by NeutronCowboy · · Score: 5, Interesting

    As far as I can tell, the Senators decided to write Apple precisely because there was nothing illegal about those apps. Reporting on police activity isn't illegal - yet, I guess. I'm not entirely surprised that those apps specifically were banned from the app store, because Apple has an interest in keeping legislators off its back and keep up the image of offering a wholesome version of the Internet. At the same time, I'm curious what other apps would fall under this, or if Apple is going to keep this little bit of TOS around only to remove apps that generate too much bad publicity. My guess is it's going to be the latter.

    --
    Those who can, do. Those who can't, sue.
    1. Re:What exactly is illegal about those apps? by Anonymous Coward · · Score: 5, Funny

      They're not illegal, the submitter just threw that word in and put it in quotes because they're an 'idiot'.

    2. Re:What exactly is illegal about those apps? by geoffrobinson · · Score: 1

      I doubt Apple or most other companies want to help drunk drivers avoid detection.

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    3. Re:What exactly is illegal about those apps? by ArsonSmith · · Score: 1

      but they would probably love to help sober drivers avoid the inconvenience of sitting in line at a checkpoint.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    4. Re:What exactly is illegal about those apps? by Digicrat · · Score: 1

      Actually, it might of questionable legality to use the app in certain states.

      One GPS software I used had an option in it for notifying you of when you were approaching a speed trap. Before enabling that option though you had to click through a disclaimer that the feature may be illegal in certain states. Whether any state has actually outlawed it, or if that was just the developers CYA policy is another story.

    5. Re:What exactly is illegal about those apps? by Anonymous Coward · · Score: 1

      What I find shocking is these Senators didn't speak out about the illegal 'Sand Bagging' (waiting around in one spot for a random crime to happen) or the illegal (and unconstitutional) stops everyone is being subject to, with no 'reasonable suspicion'. But then again I don't remember the last time anyone in congress gave a shit about any thing illegal or unconstitutional happening to citizens, just the corporation who's lining their pocket.

    6. Re:What exactly is illegal about those apps? by Surt · · Score: 0

      You shouldn't have used the quotes around 'idiot'.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    7. Re:What exactly is illegal about those apps? by Anonymous Coward · · Score: 1

      "Reporting on police activity isn't illegal - yet..."

      Somebody should tell that to the police. There've been several stories on /. about citizens getting in trouble for recording a police beat-down.

      There wouldn't even BE a need for DUI checkpoints if US cities had decent public transportation infrastructure. Here in Austin, our shiny new light rail system only runs during commuter hours. Basically it only services the upper-middle-class white residents of NW Austin who commute into downtown for work. The nearest bus stop is over a mile from my house with no convenient parking nearby. Want to ride the bus anywhere except around downtown? Beter give yourself an extra hour each way.

    8. Re:What exactly is illegal about those apps? by Anonymous Coward · · Score: 0

      Reporting on police activity in a way that assists in eluding arrest by people violating the law can be considered "obstruction of justice" or "aiding and abetting" depending on how "big of an asshole" the local judges and jurors feel like being. Legislators almost never feel like spelling that sort of thing out, not if they can "just ask" for a "solution" that "isn't a government action" and "not based on the police power of the state" but rather "private parties" "choosing to conduct business responsibly" so that they can "have their cake" and "eat it too", also known as "being spineless weasels".

    9. Re:What exactly is illegal about those apps? by Threni · · Score: 1

      They're not illegal.

  5. Hypocritical by jhoegl · · Score: 1

    This seems a "wag the dog" or some sort of odd complaint that came up.
    Every time checkpoints went up, police told the media, who told the public.
    Why this is a big deal, I dont know.
    I do know that drunk driving IS a huge problem and these checkpoints do save a lot of lives.
    I also know that punishment for DUIs are pretty lax, so if they want to stop them, make it tougher.

    1. Re:Hypocritical by Anonymous Coward · · Score: 0

      Why this is a big deal, I dont know.

      Because it's excessively intrusive and checkpoints are basically searches without cause.

      I do know that drunk driving IS a huge problem and these checkpoints do save a lot of lives.

      It is, but do checkpoints work better than just patrolling the streets? Nice point about watching for reckless and impaired drivers as opposed to a breathalyzer number is that people driving to cause an accident is a superset of those merely driving drunk. Aside from the doctored numbers from MADD, is there any evidence whatsoever that checkpoints reduce incidents?

      I also know that punishment for DUIs are pretty lax, so if they want to stop them, make it tougher.

      Agreed. But don't make me wait in a street turned parking lot for an hour just because Rummy over there seems to get a slap on the wrist every time he runs over a kid.

    2. Re:Hypocritical by countertrolling · · Score: 1

      I also know that punishment for DUIs are pretty lax...

      That's because so many good ol' boys like to drink 'n drive

      ...so if they want to stop them, make it tougher.

      The liquor industry is resisting... cuts into sales.. Al Capone still carries a lot of influence in this business

      --
      For justice, we must go to Don Corleone
    3. Re:Hypocritical by CrimsonAvenger · · Score: 3, Insightful

      I do know that drunk driving IS a huge problem and these checkpoints do save a lot of lives.

      Citation?

      I agree drunk driving is a bad thing. But frankly, I've never seen any real evidence it's as endemic as you suggest. I've been driving for almost 40 years, and I can only recall seeing ONE (1) guy who was almost certainly drunk while driving (he was going east on the westbound half of a divided highway in the middle of the night).

      It's virtually certain that there were other drivers who'd had a drink or three near me on the road in that time, but none that were obvious enough to pick out from the usual fraction of sucky drivers you find everywhere.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:Hypocritical by Anonymous Coward · · Score: 0

      Make it tougher. And more zero tolerance!

      You know what they do now, as a cash cow, is set up the DUI checkpoints the MORNING AFTER a big event like new years, or the 4rth. You see, even though you're stone sober, and did the right thing staying overnight at the party, there's still enough alcohol in your system for supercop to rack up another bust.

      FUCK THE POLICE WHO MILITARIZED AND DECLARED WAR ON ME

      Die, pigs, you are and shall remain the enemy of the american citizen.

    5. Re:Hypocritical by Anonymous Coward · · Score: 0

      I also know that punishment for DUIs are pretty lax, so if they want to stop them, make it tougher.

      So King Solomon, what punishment would you recommend for a DUI?

      I am actually serious and curious.

    6. Re:Hypocritical by cheeks5965 · · Score: 0
      I think this is a pretty stupid comment. But i'll give you the benefit of the doubt and say you're being willfully obtuse.

      the danger with drunk driving is not that you have people blasted so far out of their mind that they drive the wrong way n a highway, or they stop in the middle of an intersection to take a pee. The danger is with people who are drunk enough to mess with their distance judgment or reflexes, and they end up plowing down pedestrians.

      that's why the BAC threshold is so low. If the only risks were your friend who thinks his car is a hot air balloon, then the br could be much higher.

      a better question would be, how many people do you know or know of (politicians, celebrities, etc.) who have gotten DUIs? That's a better reflection of the extent of the problem.

      --
      -- Flame me and I will happily flame you back. Bring it!
    7. Re:Hypocritical by FatAlb3rt · · Score: 1

      Wow, you should probably look into the ride-along program of your local emergency responders - PD/Fire/EMS.

    8. Re:Hypocritical by TheGratefulNet · · Score: 2

      I also agree; been driving 30+ years and this 'drunk driving problem' is not any kind of major problem that I've seen.

      so much is overblown because its a popular way to raise more power for those in charge and to look like you're tough on 'crime'.

      a checkpoint to catch a percent of a percent? isn't that a baby and bathwater situation? sure sounds like one to me. lets suspect everyone who crosses this 'checkpoint' and have them be assumed guilty unless they prove TO US that they're not.

      fully turning the american notion of 'innocent until proven guilty' upside down.

      I know who the terrorsts are these days. they wear badges or congregate at city hall and other government buildings.

      --

      --
      "It is now safe to switch off your computer."
    9. Re:Hypocritical by Anonymous Coward · · Score: 0

      Surely a citation to the previous comment wouldn't hurt, but don't you think your anecdotal evidence is a bit weak? First of all, if casually observing someone driving was enough to determine sobriety, the police would hardly have an incentive to run checkstops. But back to your anecdotal observations...

      In all of this 40 years of driving, how many traffic fatalities have you observed occur? I'm not talking about driving by afterwards, I mean actually witnessed. I'll assume the number is low or zero. Would you draw therefore the conclusion that traffic accidents are not a huge problem? In fact, there were 42,031 traffic fatalities in 2008 in the US according to this page.

      I just don't get how "I haven't seen many obviously drunk drivers" translates into evidence that drunk driving is not a big problem. As an invincible youngster, I drove drunk and severely buzzed on numerous occasions. As a grown up, I'm horrified by this. However, I routinely see people drive home from parties or functions after having consumed far more alcohol than myself at times when I have had too much (for me personally) to drive safely.

      It's not about being obviously drunk while driving. You can pull off reasonably ok driving when drunk. It's about not being able to respond to an unexpected situation when drunk. Someone else does something unexpected and instead of swerving or otherwise avoiding an accident, the buzzed/drunk driver does not react fast enough and contributes to a tragedy.

      Side note: I don't know if endemic means what you think it means.

    10. Re:Hypocritical by TheCouchPotatoFamine · · Score: 1

      that's the thing about driving, it takes TWO people to mess up usually. It's a stable system, which is what I finally understood to be the reason we're not all dead. It's pretty damned amazing isn't it? That we get into these things and impart so many newtons of force all bent on a person with, most likely, only a finger on the device that could with an idle flick cause all that energy to release at once, always only a few seconds away.

      Drunk Drivers cause the system to only require ONE person to mess up. It makes the system rather more unreliable. Because if you swerve and avoid any issues, power to you. When you mess up though.. there's no buffer. The drunk driver is not going to flinch away. That's the problem man, kinda obvious really.

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    11. Re:Hypocritical by swb · · Score: 1

      Does seeing a high concentration of DUIs being with a first responder actually increase their overall statistical frequency, or does it merely make it feel like there are a lot of them?

    12. Re:Hypocritical by shadowrat · · Score: 1

      Maybe the checkpoints helped to reduce drunk driving, but the number of accidents caused by people looking for checkpoints on their iphones while driving went up.

    13. Re:Hypocritical by jhoegl · · Score: 1

      Nice, so if you get hit by a drunk driver, will you then blame the "gubbernment" for not doing its job, thus being overpaid and lazy?

      The actual reason Drunk driving is a problem is the random deaths on the roads caused by people driving drunk.
      If you live out in the boonies and dont see many cars, then of course you wont notice any.
      What you should do is go to a bar, wait till closing and follow a few cars home.

      Live in the city? You should have notcied some by now, but if you havent. Drive around between 1am or 2am.

    14. Re:Hypocritical by tompaulco · · Score: 1

      Well, that is your anecdote. My anecdote is that I personally know three people who have been killed by drunk drivers. And I know from watching the news and reading the paper that in my relatively small metro area, a drunk person kills someone almost every single day. Alcohol was a factor in 37% of fatalities in my state, and my state is only slightly above the average. So, by ending drunk driving we could save 15,000 lives a year in the U.S. That seems like a significant issue.

      --
      If you are not allowed to question your government then the government has answered your question.
    15. Re:Hypocritical by HungryHobo · · Score: 1

      You do know alcohol can still be in your system, slowing you reactions and making you unfit to drive even after you've got 5 or 6 hours sleep on someones couch right?

      A pint or 2 will be well out of your system the next morning, a half bottle of tequila and 6 beers not so much.

    16. Re:Hypocritical by tibit · · Score: 4, Insightful

      Automotive analogy: The problem with using BAC is that it's akin to checking the speed of your car by putting strain gages in the tires and measuring the radial strain to get at the rotational speed. It's just as silly.

      What you need to do is a functional test: measure reflex speeds, vestibular nystagmus and its suppression, and such. All of that could be done with a portable eye tracker, quite cheaply, too (read: big profits for manufacturer). This would take care of people's varying sensitivity to alcohol, and would automatically catch drug users, too. It tests the performance of the visual system -- kinda important when you're driving.

      BAC is an indirect way to measure impairment: it's impairment you're after, not BAC itself. BAC is a very approximate estimate for impairment! Even worse, BAC is measured indirectly again by poorly testing the amount of alcohol in exhaled air. That's two layers of indirection for measuring something that has direct, reproducible measurements available.

      --
      A successful API design takes a mixture of software design and pedagogy.
    17. Re:Hypocritical by tibit · · Score: 1

      Government cannot fix stupid, sorry. Any expectation of it is stupid in itself. Government can educate and enforce, these actions may have no effect on amount of stupidity out there. I'd think they are mostly ineffective. People are set in their ways and resilient to external influences. Most people who drive drunk cannot be fixed. You literally have to wait for them to die off, and hope there's no new ones turning drunk drivers. Oh yeah, you could also lock them all up, but it seems that a lifetime incarceration costs more than the value of human life typically used in insurance calculations by automobile manufactures (a couple $1M USD). It literally may cost more to keep a drunk driver locked up for life than it costs to deal with one death caused by such driver. Sad, yes.

      --
      A successful API design takes a mixture of software design and pedagogy.
    18. Re:Hypocritical by tibit · · Score: 1

      How the heck is "drunk" different from "buzzed". If you really care, stop using words that diminish what's really going on. Drunk is drunk.

      --
      A successful API design takes a mixture of software design and pedagogy.
    19. Re:Hypocritical by tibit · · Score: 1

      I'm not arguing that drunk driving is a problem, just make sure you understand how those numbers are arrived at. In the U.S., alcohol is considered a "factor" if anyone in the car was drinking, whether driver or passenger.

      --
      A successful API design takes a mixture of software design and pedagogy.
    20. Re:Hypocritical by tibit · · Score: 1

      I don't think that going "tough" on crime has been ever shown to work. It's one of those things that seems "sensible enough", yet in reality turns out to be completely false. That's the problem with "common sense": most people's common sense has nothing to do with scientific common sense...

      --
      A successful API design takes a mixture of software design and pedagogy.
    21. Re:Hypocritical by CFTM · · Score: 1

      I'm surprised no one has brought this up in the comments I've read this far, but there is actually a fairly simple math equation that can be used to calculate a rough estimate of what your BAC is at a given time. There is a very precise one using differential equations but I don't have the mathmatical expertise to explain that one so I'll leave it to someone more skilled in this area.

      ((Person's Weight) / 150) * (# of drinks)*(.025) - ((# of hours the body has been eliminating alcohol) * (.018))

      The .025 only works for one 12 ounce regular beer (about 5% alcohol), one 14 ounce light beer (about %4.1), one 1 ounce shot (100 proof or %50) or 1 4 ounce glass of wine (about 13% alcohol). Bigger glasses of wine or higher alcohol % beverages change the equation obviously.

      So yeah, I think it's pretty safe to say that half a bottle of tequila and 6 beers is going to take a very long time for your body to eliminate the necessary alcohol.

      I am not a lawyer, I am not criminal forensic investigator, I just was a poor sap who sat on a DUI trial recently. Don't use this as a means to figure out if you are safe to drive, because that's just stupid. That said, it's interesting information.

    22. Re:Hypocritical by kimvette · · Score: 1

      I also know that punishment for DUIs are pretty lax, so if they want to stop them, make it tougher.

      If they want to stop DUI, they need to respond to reports. I've called in plates to report DUIs - one time late at night someone was meandering all over the highway (two lane highway) and kept drifting over and scraping the guardrail, then back into their lane, back into the guardrail, back and forth. Of course I called it in, and followed the guy for a while and called a couple times to update location. Did the police ever respond? No. Another time a bunch of kids (obviously minors) were drinking in back of my old office; when I told them to scram they just looked at me and kept drinking so I told them I will call the police. Well did they walk away? No - they got into a car and pulled out. I was on the phone with the local police department and reported minors drinking and driving - and the police department is just 200 yards from our old office. I pulled out after them and kept updating position but they never sent anyone out. WTF?

      And yet, I've been pulled over while driving my Corvette and passing in a passing zone. Not because I was speeding, not because I failed to yield, or failed to signal, or lost control of my vehicle, or passing in a no passing zone, or reckless driving, or anything like that. What was the officer's reason? "I don't think passing zones should be legal." and he proceeded to tell me that if I were in a Ford Escort I wouldn't have made it (I passed uphill and there was traffic approaching a couple hundred yards ahead but sufficient space to pass both lawfully and safely). I reminded him I wasn't driving an Escort. He said "Well, in my Crown Vic, you wouldn't have made it." I remarked "Well, this isn't a Clown Vic, is it. . . " He didn't like that too much but needless to say there was no citation issued. He either just wanted to be a douche, or just wanted to check out a ZR1 up close. He pretty much shut up when I invited him to the police station to have a talk with his supervisor.

      As a result, I don't bother reporting drunks nor anyone otherwise driving unsafely any more, because the police just don't care. I am guessing that a DUI doesn't bring in sufficient revenue like a speeding ticket does, nor the power trip. If someone is driving shitty, I just slow down or speed up to get away from them.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    23. Re:Hypocritical by brainzach · · Score: 1

      Aside from the doctored numbers from MADD, is there any evidence whatsoever that checkpoints reduce incidents?

      From my personal experience, DUI checkpoints is the number one reason that I avoid drinking and driving. Unless I get really drunk, I can drive good enough to avoid the attention of the cops or doing anything stupid. My only fear is a DUI checkpoint.

      In Virginia, the DUI laws are tough and having it on your record can prevent you from getting a job in this already poor job market. When I was younger, I would take more risks and try to take roads that cops won't do checkpoints on. After seeing what some of my friends get DUI's and the severe consequences they faced, I wisen up and decide that it isn't worth the risk.

      There is always going to be reckless individuals who will drive drunk no matter what, but I don't think you can argue that DUI checkpoints have no influence on behavior.

    24. Re:Hypocritical by PitaBred · · Score: 1

      We're guilty until proven innocent because, you know, think of the children. Don't they deserve to live in a rubber society where they can never get hurt or even feel bad?

    25. Re:Hypocritical by Anonymous Coward · · Score: 0

      Nice, so if you get hit by a drunk driver,

      he won't be objective on the subject anymore.

      Sorry, just had to give a better ending to your sentence.

    26. Re:Hypocritical by swb · · Score: 1

      First of all, if casually observing someone driving was enough to determine sobriety, the police would hardly have an incentive to run checkstops. But back to your anecdotal observations...

      But isn't weaving in/out of your lane, driving too fast/too slow, following too close, ie, otherwise not obeying the rules of the road/safe driving or other OBSERVABLE violations the standard for safe driving?

      Although someone may meet some blood alcohol definition of "drunk", as long as they are operating their vehicle within the defined parameters of traffic safety why are they then guilty of a crime if you could not tell they were drunk without a breath or blood test?

      It scares me that we justify all manner of invasive searches because "we can't tell if someone is doing something bad" -- well if we cant' tell because they aren't causing a disruption, is what they're doing bad?

    27. Re:Hypocritical by Wyatt+Earp · · Score: 1

      I've been driving 24 years now and the drunk driving problem is a huge problem.

      Four family friends were killed by a drunk driver one night at dusk in '88, the drunk came across the center line and hit them head one, five dead total. Another friend lost his legs when a drunk driver clipped him and took the legs off at the knees.

      Etc, etc, I'm not in favor of DUI check points, MADD or any of that crap, but drunk driving has been a huge problem since the 1960s.

    28. Re:Hypocritical by secretcurse · · Score: 1

      Yeah, I have a friend that is a former EMT. He always said their rule of thumb for night accidents was "if you haven't found a drunk person yet, keep looking. They were either thrown from a vehicle or are wandering nearby in a daze."

      --
      I'm using all of my mod points to mod ancient memes down. Please join me.
    29. Re:Hypocritical by s73v3r · · Score: 1

      Government cannot fix stupid, sorry.

      No, but in this instance, it can help get stupid off the road.

    30. Re:Hypocritical by s73v3r · · Score: 1

      Different words to describe the different levels of intoxication. Both are bad, but the difference is in the severity of the intoxication.

    31. Re:Hypocritical by s73v3r · · Score: 1

      They still have higher potential to cause accidents.

    32. Re:Hypocritical by s73v3r · · Score: 1

      You see, even though you're stone sober, and did the right thing staying overnight at the party, there's still enough alcohol in your system for supercop to rack up another bust.

      Uh, no, you're not. A lot of times, you can still be drunk the morning after. You just don't have the buzz.

    33. Re:Hypocritical by s73v3r · · Score: 1

      FUCK THE POLICE WHO MILITARIZED AND DECLARED WAR ON ME

      Unless you have been driving drunk, they haven't. And if you have, then good, they should be doing that.

    34. Re:Hypocritical by Anonymous Coward · · Score: 0

      I've never seen any real evidence it's as endemic as you suggest.

      This means you probably don't drive at night (at least later) or live in a really small town. I have an extremely keen sense of smell and almost nightly, I smell someone ahead that is soused. Their driving isn't bad enough to where I can pick out which one I smell. Upon looking for the one I smell, I usually see someone that is absolutely smashed. I even see people with "road sodas".

      Do any of you folks look at your local arrest site? I see many _every_ day that have a DUI/DWI charge.

    35. Re:Hypocritical by s73v3r · · Score: 1

      I would actually like to know some stats on recidivism (sp?). As in, for the number of people who have a light, possibly stricken from the record first offense of a DUI, what is the rate of people who commit a second one? I would like to believe that there are many people who made a terrible mistake with the first one, learned their lesson, and changed their ways from then on out. And if this is the vast majority of people, wouldn't that mean the system is working? That people are being "reformed" rather than just "punished"?

    36. Re:Hypocritical by lostfayth · · Score: 1

      I don't remember if it is a US or Canadian commercial (I get television stations from all over the map here) but there is an advertising campaign to illustrate that exact point.

      The tagline fits your comment pretty well, "Buzzed driving is drunk driving. Over the limit, under arrest."

      Tacky as hell visuals though, about on par with any other PSA-type advert.

    37. Re:Hypocritical by s73v3r · · Score: 1

      And yet, I've been pulled over while driving my Corvette and passing in a passing zone. Not because I was speeding, not because I failed to yield, or failed to signal, or lost control of my vehicle, or passing in a no passing zone, or reckless driving, or anything like that. What was the officer's reason? "I don't think passing zones should be legal." and he proceeded to tell me that if I were in a Ford Escort I wouldn't have made it (I passed uphill and there was traffic approaching a couple hundred yards ahead but sufficient space to pass both lawfully and safely). I reminded him I wasn't driving an Escort. He said "Well, in my Crown Vic, you wouldn't have made it." I remarked "Well, this isn't a Clown Vic, is it. . . " He didn't like that too much but needless to say there was no citation issued. He either just wanted to be a douche, or just wanted to check out a ZR1 up close. He pretty much shut up when I invited him to the police station to have a talk with his supervisor.

      That guy was a douche. There are douches in every walk of life. I will agree with the rest of your post that they need to respond to reports, but I'm guessing they just don't have the manpower to respond to everything they hear.

    38. Re:Hypocritical by drpimp · · Score: 1

      Your point might have _some_ weight, EXCEPT for the simple fact that drunk drivers OFTEN kill other drivers, and WALK AWAY unscathed. Not to mention you can't "wait for them to die off" with population increase factored in, and the obvious fact there WILL be new drunk drivers, that logic doesn't work.

      --
      -- Brought to you by Carl's JR
    39. Re:Hypocritical by demonlapin · · Score: 1

      Outside of major cities, there are almost no pedestrians to hit, and anyone drunk enough to do that is definitely drunk enough to be driving on the wrong side of the road. The BAC keeps getting dropped because it's "for the children".

      There is a strong moralizing element playing here, to the point where (famously) one of the founders of MADD left the organization because it had effectively changed its goal from temperance to abstinence. If you want to talk about the alcohol levels that really make people noticeably worse drivers, it's up where the original levels were - around 0.14-0.15. That's the knee in the curve of BAC vs incident rate.

      IMHO, the proper way to deal with it is to keep the original high levels for prima facie proof of DUI and to develop good, solid field sobriety tests that can be recorded on cops' dash cams to deal with people who are under the limit but obviously impaired (because ultimately, it's all about impairment). Barring that, we need to have a lesser offense than a "true" DUI (which in principle can prevent someone from becoming a doctor or lawyer at 26 because he blew a 0.03 at age 16) to apply to people at the bottom end of the spectrum.

    40. Re:Hypocritical by Risen888 · · Score: 4, Insightful

      the dangers of drunk driving have nothing to do with how your eye vibrates or your nystagmus suppresses or whatever.

      There isn't some magic booze fairy that comes down and jerks the wheel. These are well-understood biological processes. You said it yourself above, "The danger is with people who are drunk enough to mess with their distance judgment or reflexes." So which is it? Biology or booze fairy?

      At least BAC is a proxy that can be understood and everybody agrees is related to alcohol intake.

      So what? It's also an arbitrary measurement that can mean wildly different things depending on any number of factors. If I usually have a six pack a day, and today I drank three beers, I'm probably over the limit, but in no way impaired. You obviously know that. So why are you spreading lies?

      I can't stand drunk driving apologists.

      I can't stand ad hominems.

      --
      Hey, I finally got my first freak! Took you long enough!
    41. Re:Hypocritical by mosb1000 · · Score: 1

      Drunk is when you are impaired, buzzed is when you can feel the effects of the alcohol, but are not impaired. For example, a buzzed driver has been drinking, but has a reasonable expectation of passing a breathalyzer/sobriety test, while a drunk driver should not reasonably expect to pass. So yes, drunk is drunk, but buzzed is not drunk.

    42. Re:Hypocritical by Risen888 · · Score: 1

      And how's that working out for you?

      --
      Hey, I finally got my first freak! Took you long enough!
    43. Re:Hypocritical by Risen888 · · Score: 1

      First of all, if casually observing someone driving was enough to determine sobriety, the police would hardly have an incentive to run checkstops.

      Sure they do. It's a great way to find other violations.

      --
      Hey, I finally got my first freak! Took you long enough!
    44. Re:Hypocritical by maxume · · Score: 1

      The census titles their data with "highest driver BAC".:

      http://www.census.gov/compendia/statab/cats/transportation/motor_vehicle_accidents_and_fatalities.html

      Comes out to ~31% above 0.08 and ~5% between 0.01 and 0.07 (with the rest being 0.00).

      Less than 14,000 alcohol related fatalities in 2008, and with the large drop in overall fatalities, I would expect less than that in 2010.

      --
      Nerd rage is the funniest rage.
    45. Re:Hypocritical by Risen888 · · Score: 1

      You've never drank in your life, have you?

      --
      Hey, I finally got my first freak! Took you long enough!
    46. Re:Hypocritical by Hatta · · Score: 2

      the dangers of drunk driving have nothing to do with how your eye vibrates or your nystagmus suppresses or whatever

      Sez you. Nystagmus is directly related to the efficacy of the alcohol that is affecting the brain. If you know the alcohol is affecting the eyes a certain amount, you know that it is also affecting motor centers the same amount. It is a proxy, but a very close proxy.

      At least BAC is a proxy that can be understood and everybody agrees is related to alcohol intake.

      Everybody doesn't agree that, because it's not true. Do you know what your partition ratio is?

      BAC measures the amount of OH groups in your breath, which may not be proportional to the amount of alcohol in your breath. Even if it were, the amount of alcohol in your breath may not be proportional to the amount of alcohol in your bloodstream. Even if it were, the amount of alcohol in your bloodstream may not be proportional to the amount of alcohol in your brain. And even if it is, the same amount of alcohol in the brain doesn't impair everyone the same way.

      That's 4 degrees of indirection. That's 4 opportunities for reasonable doubt, every time a BAC is read. I hate drunk drivers as much as anyone, but I'd never convict someone on BAC evidence alone.

      I can't stand drunk driving apologists.

      I can't stand fucking authoritarians who don't even care whether their evidence is scientifically valid.

      --
      Give me Classic Slashdot or give me death!
    47. Re:Hypocritical by sjames · · Score: 1

      Of course it looks bigger to them, they don't get called to deal with "good driver operating his vehicle perfectly" or even "barely adequate driver operating vehicle safely enough".

      To get at useful figures, the DUI accidents need to be in perspective and the figures not inflated. Auto accident where the passenger had a beer and the driver showed no blood alcohol is NOT an alcohol related crash, but it'll get counted as one.

      That's not to say that DUI is anything like a good idea, just that it doesn't seem to be as common as it's made out to be.

      The vast majority of people stopped at checkpoints are sober drivers. If they want to find drunk drivers they need to look for people driving as if they are drunk. They'll have better luck with that if they don't make everyone stop.

    48. Re:Hypocritical by Anonymous Coward · · Score: 0

      As someone who had a close family member killed by a drunk driver (a drunk who was also already driving on a suspended license I might add) just last month I take exception to your "not a problem" BS!
      Yes, actually it is a HUGE problem for the _hundreds of thousands_ of people injured or killed every year as a direct result of idiots driving drunk, and it's also a huge problem for the victim's children, spouses, parents, and others. Furthermore, the subset of drivers stupid enough to drive drunk are likely to have a fair amount of overlap with the subset of idiot drivers on the road overall. If you catch them when they're driving drunk, and keep them off the roads, you can help solve both problems at the same time.

      The quickest U.S. stats that are handy are from 2009:
      10,839 deaths occurred in alcohol related traffic accidents (32% of all traffic deaths) and an additional 254,000 traffic injuries due to an alcohol related accident; a significant number of whom have permanently disabling injuries.
      If you don't consider that a big problem you're just as stupid as the drunk drivers who think they can 'handle it" or perhaps you're one of them.
      Moron!

    49. Re:Hypocritical by Anonymous Coward · · Score: 0

      They're not very good at it. Before I quit drinking I'm sure I was over the limit a lot of times for about 25 years.. I was even stopped a few times for speeding during that time. One cop even told me flat-out "You're drunk" and then let me drive home without bothering to write me a ticket.

      I never once saw a DUI checkpoint.

    50. Re:Hypocritical by Anonymous Coward · · Score: 0

      I thought the idea was that the checkpoints were advertised before hand with the agreement that if you crossed the checkpoint, you volunteered to be checked. If you didn't want to do the checkpoint, you took an alternate route.

    51. Re:Hypocritical by cheeks5965 · · Score: 1

      a person who blew .03 at 16 was drinking underage AND driving which is probably restricted any way. Would you want that type of person as your doctor or lawyer? Would you want that type of person being a doctor or lawyer for somebody else? not me.

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      -- Flame me and I will happily flame you back. Bring it!
    52. Re:Hypocritical by j33px0r · · Score: 1

      I'm not certain that a citation is needed on this one since we are all well aware that drunk driving is the leading cause of deaths on the road but here you go:

      According to the National Highway Traffic Safety Administration (NHTSA) 33,808 people died in traffic crashes in 2009 in the United States (latest figures available), including an estimated 10,839 people who died in alcohol-impaired driving crashes. Drunk driving fatalities accounted for 32% of all traffic deaths last year, that is, on average someone is killed in an alcohol-impaired driving crash about every 50 minutes in the U.S. (Source: NHTSA/FARS, 2010)

      Most drunk drivers, especially the real alcoholics...you know, the ones that are getting shots of vodka before work at 7am, can drive as good drunk (and often times better) as when sober. At least most of the time. I've seen hundreds of drunk drivers. Sometimes they drive erratic and very often they drive below the speed limit, kinda like old men in hats. It is very different than your average jerk behind a wheel. A nurse once told me that the number of alcohol related accidents would drop if the drivers would simply stop smoking behind the wheel because they often drop their cigarettes and reach down to find it.

    53. Re:Hypocritical by scot4875 · · Score: 1

      I can't stand drunk driving apologists.

      I can't either. If you are drunk to the point that you are impaired (and it is *easy* for people to tell when they're impaired), yet decide to drive anyway, you deserve to have the book thrown at you.

      However, I also can't stand MADD apologists who think that breathalyzers are actually a good approximation for BAC. It's easy enough to have someone walk a line or do any number of other sobriety tests to check for actual impairment. However, the legal system has been short-circuited to the point that there's no reason for the police to use any actual, you know, real judgement about how impaired someone is. Just force them to take the completely unscientific breath test, and if they refuse they're fucked. If they accept and blow something over the (very, very low) legal limit, they're fucked.

      MADD used to be a noble organization; now they're just on a crusade to slowly reestablish prohibition. They've far outgrown any reasonable function -- much like PETA. I find most of their propaganda disgusting, and find the people who swallow it to be very sad moral crusaders. And I say this as a person who doesn't even drink.

      --Jeremy

      --
      Jesus was a liberal
    54. Re:Hypocritical by demonlapin · · Score: 1

      If you think that drinking a beer at 16 is such a strong sign of irreparable moral turpitude that huge amounts of life should simply be closed to you, you should know that you are way, way out on a limb.

      Personally, I could not care less about my doctor's or lawyer's (or accountant's, for that matter - another regulated profession) teenage adventures in alcohol consumption.

    55. Re:Hypocritical by cheeks5965 · · Score: 0
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      -- Flame me and I will happily flame you back. Bring it!
    56. Re:Hypocritical by cheeks5965 · · Score: 1
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    57. Re:Hypocritical by Anonymous Coward · · Score: 0

      I find I call on Drunk Drivers at least once a month. In face last month the one I called on was so drunk they turned on to the exit ramp to the interstate then made a full U turn on the interstate and came back down. Also I have had a family member killed by a drunk driver.

      Yes checkpoints do not stop all assholes that drive drunk but I am sure they catch some and even if one less if off the road maybe someone will not be killed because the asshole.

      I dot not see why we should give the assholes that choose to drive drunk any more help. If they want to know where they checkpoints they will have to go an extra step and not be feed the info from some app.

      Just my $0.02

    58. Re:Hypocritical by Anonymous Coward · · Score: 0

      I also agree; been driving 30+ years and this 'drunk driving problem' is not any kind of major problem that I've seen.

      Close friend of mine has an artificial hip because he was t-boned by a drunk driver. He's not even 40 yet and he's already had the artificial hip replaced once. They don't last forever, you know.

      You don't think it's a problem? Go spray brains off the curb with your local fire department some Friday night.

    59. Re:Hypocritical by Anonymous Coward · · Score: 0

      That's what everyone thinks until someone close to them gets cremated by a drunk driver and dies. If you happen to be driving home after 8pm on a Friday/Saturday night at least in Minnesota you see lots of drunks on the roads. Some young and stupid, others repeat offenders. None of them should be behind the wheel and they should be given no advantages in avoiding arrest imo.

      Maybe you're 3 sheets to the wind yourself or never leave your house? In those cases you definitely wouldn't notice. :)

    60. Re:Hypocritical by FatAlb3rt · · Score: 1

      Probably the opposite effect of only driving back and forth to your 8-5 Mon-Fri and the grocery store on Saturday morning.

      Witnessing mangled cars and missing body parts first-hand can be a sobering experience - it might even make a person less likely to quickly dismiss DWI as something rare and uneventful.

      For the record, I'm not necessarily for checkpoints - the punishments need to be stepped up.

    61. Re:Hypocritical by Anonymous Coward · · Score: 0

      Well then I guess it varies by area. I was almost killed in a drunk driving accident, know someone else who was orphaned by a drunk driver and knew someone else who was killed by a drunk driver while walking on the sidewalk. That's without hearing about incidents on an almost daily basis.

      I disagree strongly with Apple and their tendency to censor things but, at least in my city, drunk driving is pretty bad.

    62. Re:Hypocritical by willy_me · · Score: 1

      I agree drunk driving is a bad thing. But frankly, I've never seen any real evidence it's as endemic as you suggest. I've been driving for almost 40 years, and I can only recall seeing ONE (1) guy who was almost certainly drunk while driving (he was going east on the westbound half of a divided highway in the middle of the night).

      It's virtually certain that there were other drivers who'd had a drink or three near me on the road in that time, but none that were obvious enough to pick out from the usual fraction of sucky drivers you find everywhere.

      You just aren't driving at the right time of day. I used to drive into town every weekend, it was a 300km round trip. I like to drive at night so that is when I drove. Almost every weekend I would see a least one driver that was obviously intoxicated, typically on the outskirts of town.

      The other thing you have to remember is that people who drink a lot get good and driving when intoxicated. It is very difficult to spot them on the road but they are still intoxicated. In many ways these are the most dangerous drivers. Because they can drive straight, they think they are good to drive. What they fail to understand is that their reaction time is still just as crappy as the bad drunk drivers. So when a pedestrian or cyclist accidentally gets in front of their vehicle they just drive right into them - nice and straight. And the odds of them noticing that the light changed colour..... It's just not good.

      So DUI checkpoints are really the only way to catch those who drink on a regular basis. We're talking about alcoholics, not the people who go out and party once a month (they are easy to spot.)

    63. Re:Hypocritical by nabsltd · · Score: 1

      The actual reason Drunk driving is a problem is the random deaths on the roads caused by people driving drunk.

      So, how do these checkpoints solve the problem?

      There would need to be many checkpoints in each city every day, because having them only sometimes would help on that day, but the real problem is that too many people are arrested multiple times for DUI and yet somehow still manage to be on the road again.

    64. Re:Hypocritical by nabsltd · · Score: 1

      Alcohol was a factor in 37% of fatalities in my state

      Note that this statistic needs to be taken with a grain of salt, as if anyone in any vehicle involved in an accident is thought to be "impaired" by police, then the accident is reported as "alcohol involved". So, if someone is roaring drunk and calls a cab, and that cab is involved in an accident while carrying the drunk, then it is "alcohol-related".

      Likewise, if the police believe that someone was under the influence of alcohol, regardless of any tests, an accident is still classified as "alcohol-related".

    65. Re:Hypocritical by SaroDarksbane · · Score: 1

      It's worse than that. Alcohol is considered a "factor" if there is a bottle found anywhere in an involved car, opened or not.

    66. Re:Hypocritical by swb · · Score: 1

      So we arrest people now for their potential to cause accidents?

      Will we be pulling people over strictly on a statistical basis now?

    67. Re:Hypocritical by dkleinsc · · Score: 1

      How about using real actual statistics rather than anecdotes?

      Motor vehicle accidents are the #1 leading cause of accidental death in the US, and the #7 leading cause of all death. (citation) About 1/3 of those are alcohol-related (a href="http://www.co.larimer.co.us/compass/fatalities_h_aod.htm">citation). So attempting to put a stop to drunk driving is in fact a perfectly rational societal goal.

      Now, one could reasonably argue that sobriety checkpoints aren't the most effective way of reaching that goal, or that the tradeoffs are more important than that goal.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    68. Re:Hypocritical by demonlapin · · Score: 1

      A guy who tries to get me to search Bing for "you're dumb" with a source tag of IE8? That's rich.

    69. Re:Hypocritical by cheeks5965 · · Score: 1

      Oh please. Ie8 was the pinnacle of browser design. Everything since then, especially from competitors, is just ie8 + bloat. Why not stick with the original? I also own a stratocaster.

      --
      -- Flame me and I will happily flame you back. Bring it!
    70. Re:Hypocritical by dyingtolive · · Score: 1

      Oh? What if it's a matter of fatigue causing symptoms similar to being drunk? What if, when they were thrown from their car, they injured themselves such as to be walking around in a daze?

      I guess your friend is at least a former EMT and qualified to make that differentiation. Not like the police deciding to take it upon themselves.

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    71. Re:Hypocritical by Anonymous Coward · · Score: 0

      can you say "selection bias?"

    72. Re:Hypocritical by Rakarra · · Score: 1

      I also know that punishment for DUIs are pretty lax, so if they want to stop them, make it tougher.

      So King Solomon, what punishment would you recommend for a DUI?

      I am actually serious and curious.

      I would say that if someone loses his/her license and is caught driving drunk again with a suspended license, the car gets impounded.
      I'm amazed how often that situation happens.

    73. Re:Hypocritical by AK+Marc · · Score: 1

      But frankly, I've never seen any real evidence it's as endemic as you suggest.

      It isn't. But MADD has gone mad. If you are sober and have a drunk person sleeping in the back seat of your car and you stop for a red light and a sober driver behind you hits you from behind, the crash should (according to federal guidelines) be considered an "alcohol related" crash. If a person decides to commit suicide and gets drunk and shoots themselves, it's suicide. If they get drunk and drive themselves into a wall or lake, it's alcohol related (there is no possibility of selecting "suicide" as the cause of a crash). Many people fall asleep sober and crash. Fatigue is the listed cause. Do that with any detectable alcohol in your blood (or even a 2-week old empty can in your car that you picked up in a park and were meaning to throw away) and it was caused by alcohol.

      Yet even with the vast expansion of what is an alcohol-related crash, they are still on the decline. It takes lies to get the statistics to stay at anything other than near zero. But why has all sense gone from people regarding drinking? Why not .05 BAC for a speeding-ticket like offense with a very large fine (say, $1500 or $5000, where you could opt out of the fine by surrendering your car), and leave .15 BAC as the level for felony reckless endangerment? Instead, we have the teetotalers who gave us Prohibition trying to bring back prohibition for reasons other than safety using DUI as a convenient tool to do so.

    74. Re:Hypocritical by AK+Marc · · Score: 1

      Most of the time the drunks kill themselves and nobody but themselves. Killing others and walking away is a function of the media finding and exploiting those few in an anti-drug campaign led by the MADD mothers everywhere.

    75. Re:Hypocritical by AK+Marc · · Score: 1

      Most of the crashes listed as "alcohol related" were not caused by a driver who was over the legal limit. If all drivers were at or below the limit from now on, I'd guess the number of lives saved to be more in the 1000 to 5000 range. If we abandoned all enforcement against drunk driving (and the rate of drunk driving didn't increase, yeah, I know but it's just a hypothetical so pretend), and instead put all that money into helicopters, we'd save more lives. Drunks may kill people, but wasting so much money on such a small problem kills more people than it saves.

      And no, this isn't a justification of driving drunk, nor defense of those who do. This is a question of would you rather one person die at the hands of a drunk driver, or two bleed out by the side of the road because the response time of an ambulance was too long and a helicopter could have saved them but the funds weren't available for a helicopter because they were all spent on overtime for cops running checkpoints?

    76. Re:Hypocritical by AK+Marc · · Score: 1

      I'm guessing they just don't have the manpower to respond to everything they hear.

      They are so busy busting deadbeat dads at "DUI checkpoints" that they can't be bothered to respond to calls about actual drunk drivers (and yes, many more deadbeat dads with bench warrants against them are arrested at DUI checkpoints than drunk people).

    77. Re:Hypocritical by Risen888 · · Score: 1

      Thanks for the total lack of any evidence supporting your completely false claims.

      --
      Hey, I finally got my first freak! Took you long enough!
    78. Re:Hypocritical by tompaulco · · Score: 1

      I would love for them to spend the money on helicopters. Around here, the helicopters are not paid for out of police or any emergency service funding, they are paid for by the person who was bleeding out on the side of the road. One trip costs about $45,000 (just going by the couple of people I know who have used the service), and you also have to pay for an ambulance, because they can't just wheel you in a gurney from the helicopter to the hospital, they have to put you in an ambulance for 100 feet, which is probably even more traumatic to an injured person and takes longer, but it sure pays better. Then the person who would have died at the side of the road gets to maybe survive, and 200% of their paycheck every month has to go toward paying back the helicopter ride.
      Really, though, I don't want the government paying for everybody to take the helicopter to the hospital. That should be paid for by the patient, but instead of it costing $45,000, they should make it cost about double what a regular helicopter ride would have cost. In other words, about $600 total.

      --
      If you are not allowed to question your government then the government has answered your question.
    79. Re:Hypocritical by tibit · · Score: 1

      Darn, I meant to say "I'm not arguing that drunk driving is not a problem". Of course it is a problem.

      --
      A successful API design takes a mixture of software design and pedagogy.
    80. Re:Hypocritical by tibit · · Score: 1

      You illustrate my original point: BAC is a very poor measure of the effect of alcohol on your brain. Even self-awareness of the effect is rather poor. Humans have this interesting ability to very quickly adapt to things being wrong with them. Fighter jet pilots who have vestibular nystagmus simply fly into the ground, unaware that their brain is substituting expected values to instrument/HUD readings -- nystagmus lowers high spatial frequency acuity while paradoxically improving low spatial frequency acuity. Same with intoxication: most people, especially those for whom it's not the first drink "in a long time", are woefully unaware that their perception is affected enough to cause a problem. There are powerful adaptation mechanisms that try to work around poor sensory input. Those help and conspire against us at the same time.

      A BAC test is a very, very poor stand-in to measuring actual oculomotor and vestibulomotor (including VOR) performance, and the latter gives a reasonably good indication of how fit your visual system is.

      --
      A successful API design takes a mixture of software design and pedagogy.
    81. Re:Hypocritical by tibit · · Score: 1

      No, I drank plenty, but I have the sense to understand my own limitations. See my other post above.

      --
      A successful API design takes a mixture of software design and pedagogy.
    82. Re:Hypocritical by CrimsonAvenger · · Score: 1

      And I know from watching the news and reading the paper that in my relatively small metro area, a drunk person kills someone almost every single day.

      I'm impressed at your local alcohol related death rate. Where I am (metro area with around half a million people), we don't see anywhere near that rate. Actually, from what I see in our papers, our total unlawful death rate isn't up to one person per day, much less our alcohol related deathrate.

      Note, by the way, that I wasn't trying to argue based on an anecdote. I just want a citation for the argument that drunk driving kills lots of people, and that DUI roadblocks save lots of lives. Haven't seen one yet.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    83. Re:Hypocritical by CrimsonAvenger · · Score: 1

      Finally! A real citation. Not a complete one, mind you, since you only provide a citation for automobile related deaths, not alcohol related deaths.

      Note, by the way, that I have yet to argue that stopping drunk driving is not a perfectly rational societal goal.

      so, assuming the "1/3 alcohol related" actually means "1/3 caused by people who were driving and over the legal limit for alcohol" (that's certainly not the way it's used around here, so I'll assume it's a problematic translation in other places as well), we're talking about ~14000 drunk drivers killing someone (including themselves, but I don't consider a drunk driver killing himself to be a problem).

      Now for the tough part. Has this number been affected statistically by the rates at which DUI checkpoints have been employed (for a start, it might be helpful to know how many drivers have been ticketted for DUI at any of them), and is there any evidence that iPhone apps announcing the location of these DUI checkpoints have resulted in an increase in drunk driving fatalities? Or have they only caused a decrease in revenues due to fewer tickets issued for DUI?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    84. Re:Hypocritical by CrimsonAvenger · · Score: 1

      Surely a citation to the previous comment wouldn't hurt, but don't you think your anecdotal evidence is a bit weak?

      Wasn't providing anecdotal evidence that drunk driving was rare. Was merely asserting I've not seen evidence it's "a huge problem". Note that there is a vast gap between "rare" and "a huge problem".

      Nor have I seen evidence that "these checkpoints do save a lot of lives."

      In all of this 40 years of driving, how many traffic fatalities have you observed occur? I'm not talking about driving by afterwards, I mean actually witnessed. I'll assume the number is low or zero. Would you draw therefore the conclusion that traffic accidents are not a huge problem?

      Not seen a single traffic fatality ever. However, conflating "traffic fatalities" with "traffic accidents" as you did makes me think you're trying your best to mislead.

      Note, for the record, that I think that lumping all traffic fatalities into a single pile is a wonderful way to make sure you never actually reduce the rate that they occur. Break them down into general causes, determine which causes can be dealt with by legislation and which can't, and you're on the road to solving some of the problems.

      So, that said, is there any statistical evidence that drunk driving has declined purely as a result of DUI checkpoints, or that it has INCREASED as a result of iPhone apps that show the locations of said DUI checkpoints?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  6. Choose Freedom. Choose Android. by Anonymous Coward · · Score: 4, Insightful

    This is what freedom is all about.

    Choose Android.

    Choose Freedom.

    Fuck the police.

    1. Re:Choose Freedom. Choose Android. by Anonymous Coward · · Score: 0

      I've owned 5 Android phones now and I definitely prefer it to the iPhone.

      Seeing it advertised by the "Freedom" and "Fuck the Police" retards makes me feel sick. Go praise MeeGo or something.

    2. Re:Choose Freedom. Choose Android. by SteveFoerster · · Score: 1

      We prefer the term "Freetards".

      --
      Space game using normal deck of cards: http://BattleCards.org
    3. Re:Choose Freedom. Choose Android. by Anonymous Coward · · Score: 0

      $20 says that Google does the same next week. Android doesn't give you real choice; just the illusion of choice.

      The irony is that it's far, far easier to jailbreak an iPhone than it is some Android phones.

    4. Re:Choose Freedom. Choose Android. by Anonymous Coward · · Score: 0

      Police officers are usually not my type, so I'll pass.

    5. Re:Choose Freedom. Choose Android. by Anonymous Coward · · Score: 0

      I knew I'd see a bunch of posts like yours as soon as I read the topic....

      Not giving Apple a "pass" on this, because I agree it's crap. They're just (like MANY businesses) trying to play nice with politicians, in case they need to ask them for a favor someday.

      But Android constituting "choosing Freedom"? Seriously? That would be the SAME Android in my HTC Evo phone I've got here where as soon as I root it to be able to tether without paying my cellular company some insane monthly fee to use THEIR provided tethering app, it breaks a bunch of software that's coded not to run on rooted devices? The SAME Android where Google officially sanctions the idea of DRM'd content player apps not running on any rooted phones?

  7. Police missing perfect opportunity by RichMan · · Score: 2

    The police definitly need more hackers.

    Lets put the check on route #1. Ok now start the application that reports check points on routes #2, #3, #4. Suddenly you have lots of people that are directed into the actual check point. Especially people that were actually looking to avoid the check point and are the actual ones you want to check.

    1. Re:Police missing perfect opportunity by MBGMorden · · Score: 1

      Any politician caught up in such a thing would have a terrible campaign next time around however as people suggest that they intentionally LIED to the population to force them into a certain area. Even outside of the obvious deceitfulness there, it also could have implications for negatively affecting the traffic.

      Probably not illegal, but such a thing could quickly turn into a PR nightmare.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    2. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      I've only driven once in my life where I thought I might be impaired. It was only after several minutes of driving that I though, I could have pressed the brake a little quicker. Nothing ever came of it.

      But, I have been stopped many times in my life at check points only to be hassled and being repeatedly asked to violate my personal rights. I avoid them not because I had one too many 22 years ago and got behind the wheel, but because I don't enjoy being harassed by the police for no reason at all.

    3. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      Lets put the check on route #1. Ok now start the application that reports check points on routes #2, #3, #4. Suddenly you have lots of people that are directed into the actual check point.

      Usually they call that entrapment.

    4. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      Entrapment is about getting people to commit a crime they wouldn't otherwise have committed.
      You make it sound like the crime here is getting caught.

    5. Re:Police missing perfect opportunity by Combatso · · Score: 1

      or the police could, you know... f* off and only stop people who are suspected of commiting a crime, instead assuming we are all drunk, or criminals all the time...

    6. Re:Police missing perfect opportunity by obarthelemy · · Score: 1

      would it ? it seems kinda hypocritical to vote for laws that institute checkpoints, and then to whine against a smart use of technology to make them more efficient ?

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    7. Re:Police missing perfect opportunity by swm · · Score: 1

      They do something like this in Florida.
      They put a sign up on one of the interstates saying "Drug Checkpoint Ahead".
      There is no checkpoint, and if there was one, it would probably be unconstitutional.
      But they don't need one.
      They just pull over everyone who suddenly pulls a U-turn across the median
      (which is a genuine traffic violation).

    8. Re:Police missing perfect opportunity by mistiry · · Score: 1

      I-95, right? In Florida myself. I've seen this.

    9. Re:Police missing perfect opportunity by dhaines · · Score: 1

      I sure wish hypocrisy was an impediment to politicians. And voters.

    10. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      That's hilarious and the one time I'll applaud the police for cleverness.

      Idiots who pull that stunt don't deserve to drive ;).

    11. Re:Police missing perfect opportunity by operagost · · Score: 1

      There is no checkpoint, and if there was one, it would probably be unconstitutional.

      On a limited-access highway? Yup, unconstitutional. You have to be allowed to detour around the checkpoint. I guess maybe if there was an exit before the checkpoint to a secondary highway that led back to the interstate-- but any idiotic cops who set that up would be probably causing a more dangerous situation with the traffic than they were fixing by removing the impaired drivers from the road.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    12. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      or the police could, you know... f* off and only stop people who are suspected of commiting a crime, instead assuming we are all drunk, or criminals all the time...

      where are my mod points when i need them? +1 for you sir.

    13. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      I'd mod this up, but slashdot hates me. +10000 imaginary points

    14. Re:Police missing perfect opportunity by ColdWetDog · · Score: 1

      I've only driven once in my life where I thought I might be impaired. It was only after several minutes of driving that I though, I could have pressed the brake a little quicker. Nothing ever came of it.

      But, I have been stopped many times in my life at check points only to be hassled and being repeatedly asked to violate my personal rights. I avoid them not because I had one too many 22 years ago and got behind the wheel, but because I don't enjoy being harassed by the police for no reason at all.

      I should really congratulate you on the careful and caring way you have run your life and only wish the vast majority of fellow humans would follow in your august footsteps. But instead I shall deride you as an idiot who thinks the world should revolve around them.

      --
      Faster! Faster! Faster would be better!
    15. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      instead assuming we are all drunk

      Ser *hic* ser *hic* serio *hic* se *hic* s *hic*...Yeah.

    16. Re:Police missing perfect opportunity by jafiwam · · Score: 1

      Round here they have "Sobriety Checkpoint Ahead" signs they put up about a block in front of a place where a U-turn would be illegal.

      Then, they sit and bust people for the U-turns, and often catch them over the limit as well.

      This, in a state where DUI checkpoints were ruled unconstitutional.

      People are dumb. And the cops are out to get you and will lie to do it.

    17. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      luckily for them, the police officers generally don't have to campaign. They've been known to do much more questionable things than that and get away with it.

    18. Re:Police missing perfect opportunity by MBGMorden · · Score: 1

      They don't, but the local sheriff or another person that they answer to usually DO have to campaign. It's not always direct, but in almost all government entities there's an elected official not too many hops up the ladder.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    19. Re:Police missing perfect opportunity by s73v3r · · Score: 1

      Yes, but then other users are going to report those checkpoints as false, and start reporting route #1 as having the checkpoint.

    20. Re:Police missing perfect opportunity by s73v3r · · Score: 1

      No they don't. In this case, you have already decided to commit the crime of driving under the influence. This is just altering how you try to escape it.

    21. Re:Police missing perfect opportunity by s73v3r · · Score: 1

      There is no checkpoint, and if there was one, it would probably be unconstitutional.

      Actually, wouldn't the fact that they are advertising it make it legal according to the standards set forth by the SCOTUS?

    22. Re:Police missing perfect opportunity by Anonymous Coward · · Score: 0

      I refuse to drive with even a sip of alcohol or any intoxication for that matter - even sleepiness, but I sure as hell don't want to go through a checkpoint. I feel it's an insult. Let's quit bandaging our problems and fix the source please.

    23. Re:Police missing perfect opportunity by spungebob · · Score: 1

      Not just in Florida. The popular trick here in the midwest is to put up the signs right before the entrance to a Rest Area. The druggies think they're being clever by pulling off at the Rest Area right away so they can throw away the evidence and "clean up" their act. But of course the rest area is where the cops really are, watching for that very activity...

      --
      It takes an idiot to do cool things - that's why it's cool!
    24. Re:Police missing perfect opportunity by mattp · · Score: 1

      I've certainly heard of situations where police will post very visible warnings on limited access highways, "DWI Checkpoint Ahead". But the checkpoint is on the off-ramp of the next exit. The theory being that people who are driving intoxicated will self select themselves.

    25. Re:Police missing perfect opportunity by AK+Marc · · Score: 1

      Any politician caught up in such a thing would have a terrible campaign next time around however as people suggest that they intentionally LIED to the population

      Police in interrogation are instructed to lie to suspects. Promise things they can't deliver. Lie about evidence. Lie about witnesses. Lie about what charges are being brought. Police in the field are expected to perform similarly, if not more underhanded. Yet you think that lying in an attempt to catch drunk drivers would throw any stink on a politician? I think they would be happy to get "blamed" for it and would run with that under their campaign slogan.

    26. Re:Police missing perfect opportunity by MBGMorden · · Score: 1

      Yet you think that lying in an attempt to catch drunk drivers would throw any stink on a politician? I think they would be happy to get "blamed" for it and would run with that under their campaign slogan.

      I work in government with a number of elected officials. Trust me, none of them would want to be even remotely connected to something like that.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    27. Re:Police missing perfect opportunity by AK+Marc · · Score: 1

      You must not be from the south. The elected sheriff in AZ (elected making it a political office) brags of things similar to this and keeps getting reelected. And in TX, "tough on crime" includes listing a large number of unconstitutional things they will do criminals, and they win regularly. I've seen similar things from politicians all over the country who claim "tough on crime." So I'm curious where you are from, and why they are proud to be "soft on crime."

    28. Re:Police missing perfect opportunity by MBGMorden · · Score: 1

      South Carolina. They're not going to go about as "soft on crime", but they're also not going to voluntarily associate themselves with anything that could be likened with outright lying or fraud. IE, they'll put out DUI checkpoints no problem, but they're not going to lie about their locations to try and corral people into them.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  8. A-PPolice State. by mrthoughtful · · Score: 2

    Erm. IANAL, but isn't liberty an important part of the American cultural and political identity?
    Do AAPL have a leg to stand on here?

    --
    This comment was written with the intention to opt out of advertising.
    1. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      AAPL has a legal leg to stand on, it's their walled-garden and they can do whatever they damn well please.

      The Senators had no legal legs to stand on.

    2. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      The perception of liberty is an important part of the American cultural and political identity?

      FTFY

    3. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      Certainly there's no law against Apple being police-state-loving fascist toadies. But it still sucks.

    4. Re:A-PPolice State. by lostfayth · · Score: 1

      Sure they have a legal leg to stand on, they don't want to publish those apps so they won't.

      The constitution only says that the government may not limit free speech, it says nothing of corporations.

    5. Re:A-PPolice State. by dcollins · · Score: 1

      "Erm. IANAL, but isn't liberty an important part of the American cultural and political identity?"

      Allegedly, it was at one point. In the imperial era, nicht soviel.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    6. Re:A-PPolice State. by jo_ham · · Score: 5, Insightful

      I run a store. I don't want to sell beans in my store. I remove all beans from my store.

      Do I have a legal leg to stand on here?

    7. Re:A-PPolice State. by wygit · · Score: 2, Insightful

      Apple doesn't have to allow apps showing photos of kittens if it chooses to ban those. It's a privately owned business.
      Yes, Apple has a leg to stand on.

    8. Re:A-PPolice State. by Duradin · · Score: 3, Insightful

      According to some at /., no. In the name of freedom you must be forced to sell any and all beans, whether you want to or not.

    9. Re:A-PPolice State. by nomadic · · Score: 1

      Allegedly, it was at one point.

      ...if you were a white male protestant landowner.

    10. Re:A-PPolice State. by TheGratefulNet · · Score: 0

      you are the only store, essentially, in the world, for the things your customers want.

      if you don't supply it, they can't have it. you have decided FOR THEM.

      no, you have no leg to stand on since your store analogy is 100% faulty.

      --

      --
      "It is now safe to switch off your computer."
    11. Re:A-PPolice State. by The+Moof · · Score: 1

      That's not quite a good metaphor. It'd be more like this:

      I run a store. I don't want to sell beans in my store. I remove all beans from my store. I also exercise my proprietary lock down on your mouth and digestive system to prevent you from eating beans from anyone else. You can try to remove my bean-locking, but it might kill you, and I will be unhappy if you succeed. I did try to push legislation to stop that, but it didn't go my way. Oh, and I will periodically push out an update to you that might actually kill you because you unlocked yourself to enjoy beans. And there's nothing you can do about it because I covered my ass with 63 pages of a legal agreement.

      Apple AppStore doesn't equate to a real store because there is no competition for it, and you can't run apps not from their store on your device short of jail-breaking it.

    12. Re:A-PPolice State. by Duradin · · Score: 1

      You'd have to wipe out all the other bean growers, the black and grey bean markets and all the people with the $99/year bean licenses to have a point.

    13. Re:A-PPolice State. by Savantissimo · · Score: 1

      Sure. But you "don't want to sell beans in your store" because the city council told you not to - they want to reduce politically-oriented flatulence in town meetings.

      But I won't buy anything from you at all, and I'm going to tell everyone you hate the tasty beans of freedom.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    14. Re:A-PPolice State. by gnick · · Score: 1

      The Senators had no legal legs to stand on.

      Sure they did. Anybody can write a letter, but Apple can choose to comply with their request or ignore it. In this case, they did what they were asked to do. A handful of senators could also write a letter asking Apple to buy air time during the Superbowl filled with footage of his holiness Steve Jobs doing the electric slide. There's nothing wrong with them sending that letter, but Apple would likely blow them off.

      --
      He's getting rather old, but he's a good mouse.
    15. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      What bothers me is that that isn't what happened.

      You run a store. You carry beans, and don't seem to care. The government has been hassling you (antitrust talk in real life, maybe suggesting you don't meet zoning ordinances in analogy land). There's also been talk recently about tax law changes that may affect the store, either positively or negatively.

      Then you get a letter from the government that says "we really don't like beans. Now, the constitution says we can't just ban them. But we hate that people can buy beans. How about you and all the other stores stop carrying beans on your own".

      You removing beans from your store? Fine. The government using you as an end run around the constitution (keeping in mind the massive leverage they have to make a business miserable). Not so fine.

    16. Re:A-PPolice State. by spire3661 · · Score: 2

      Correction, its a publicly owned business, of which I am part owner.

      --
      Good-bye
    17. Re:A-PPolice State. by Dunega · · Score: 1

      Too damn bad. It is THEIR store, THEY choose what's in it, if you decide to buy from them, you follow THEIR rules. Don't like it? Don't buy Apple. That's YOUR choice. If you can't get what you want someone else, start your own store or suck it up.

    18. Re:A-PPolice State. by bennomatic · · Score: 2

      What do you mean no competition. Android is totally killing iOS in sales. Aren't they? Aren't they? So your metaphor is totally wrong. It's more like this.
      I run a small and successful store. Megamart opened up next door, and they sell everything I do and more. They franchise their brand to anyone who meets their terms (for free!), and although the franchisees aren't always the most agreeable to this, they pretty much allow any vendor to put their stuff on the shelves. Sometimes the quality is not good, but suddenly they're getting 10% more customers than I am every day. For unrelated reasons, I decide to stop selling beans. People who wouldn't have shopped at my little store anyway because they like the more "open" nature of Megamart froth at the mouth at the thought that I would ever stop selling beans.
      There. I can make up ideologically-slanted metaphors as well! Yay!

      --
      The CB App. What's your 20?
    19. Re:A-PPolice State. by jo_ham · · Score: 1

      So don't buy Widget X that only works with widget B from my store. No one *forced* anyone to buy Widget X in the first place, or in any way covered up the fact that it had an exclusive parts supplier.

      It is *not* illegal to have a monopoly.

    20. Re:A-PPolice State. by treeves · · Score: 1

      Seems to me that if enough people want something and there is no distribution but the thing exists, that someone else will come along and take advantage of the situation and make another store.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    21. Re:A-PPolice State. by treeves · · Score: 1

      This seems to contain the implicit assumption that you MUST have an iPhone. Like it's required by law or in order to survive.
      The logic here astounds me.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    22. Re:A-PPolice State. by jo_ham · · Score: 3, Insightful

      No competition? What about Android?

      It's either totally crushing iOS and being a triumph for "open over closed" *or* Apple has a monopoly on mobile apps.... you can't have your cake and eat it.

      It is not illegal to have a monopoly, or to have a homogenous system - another analogous position would be Xbox Live and the online store there, or the PSN (when it's working, I kid, I kid).

      Crucially no one is forcing you to use an iOS device, or an Xbox 360, or a Playstation, and using one of those does not restrict the competitors at all.

    23. Re:A-PPolice State. by jo_ham · · Score: 1

      Which is totally your choice, and I fully stand behind your right to hold that opinion and say whatever you like. Where I have a problem is if you try to claim that me choosing not to sell beans in my store is somehow illegal.

    24. Re:A-PPolice State. by treeves · · Score: 1

      I assume you must have a significant portion of the shares of Apple stock. So go to the shareholder meetings and exert your considerable influence as an owner to get Apple to provide the apps that you want. Let us know how that works out for you.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    25. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      I own stock in Apple. It is publically traded. Do I have a right to voice my concerns? I do not even own an Apple product, so I would not be using this app in the foreseeable future, but I am disappointed it was pulled. It's just one more brick in the garden wall. As a shareholder, I want Apple to remain profitable, and I believe an educated, informed populace can lead to profits as they are able to discern who is denying them rights and convenience. It is unlikely this decision would "drive" someone away from Apple products, but numerous decisions like this can certainly start a trend.

    26. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      Honestly I want every asshole that drives drunk to be thrown in jail rather that have the opportunity to kill some innocent person that just happens to be at the wrong place at the wrong time. I applaude Apple for taking the moral high ground here.

    27. Re:A-PPolice State. by secretcurse · · Score: 1

      Apple AppStore doesn't equate to a real store because there is no competition for it, and you can't run apps not from their store on your device short of jail-breaking it.

      So, Android, Blackberry, WebOS, and WinMo phones aren't competition to the iPhone? Sure, the Apple App Store is the only place to (officially) get iPhone software, but you're free to buy competing phones if you are opposed to the restrictions of that store. Since Apple does not have a monopoly on smart phones, it's perfectly legal for them to decide who gets to hang out in their walled garden and who gets the boot using any arbitrary rules they might want to impose.

      Here's my attempt at a bean analogy. I run a store and I sell a magic bowl. The only food you can eat out of this bowl is food from my store. I don't sell beans, so you can't eat beans out of my magic bowl. I also have a history of randomly deciding other types of food aren't allowed in my bowls, and I generally don't care what customers think about it because I think my magic bowl is way easier to use than the competition (and I'm raking in money hand over fist). There are 4 other stores on the block with their own magic bowls and they each offer different combinations of food for their bowl. You're welcome to browse all 5 stores before buying a magic bowl from any of them.

      --
      I'm using all of my mod points to mod ancient memes down. Please join me.
    28. Re:A-PPolice State. by secretcurse · · Score: 5, Informative

      Correction. It is a publicly traded business, owned by private citizens and collectives. A municipally held utility would be an example of a publicly owned business.

      --
      I'm using all of my mod points to mod ancient memes down. Please join me.
    29. Re:A-PPolice State. by steelfood · · Score: 1

      If your store is the only one in the world to sell beans, and you decide not to sell a type of bean from one particular supplier, then you're guilty of anti-trust practices.

      In Apple's case, note that there are vertical and horizontal monopolies. Apple's is a vertical monopoly.

      I'm not surprised Obama hasn't brought an anti-trust suit against them though. Apple's another one of those "too big to fail" companies.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    30. Re:A-PPolice State. by jo_ham · · Score: 1

      What app has been pulled? Did you even RTFA? No apps have been pulled and all the ones currently in the store still are. Apple simply changed the ToS to specify that non-public information would be disallowed.

      It seems you've just written a troll post with a vague guess about what the story is about and the flaws are obvious.

      I know this is is slashdot, but if you don't want to look like an uninformed idiot you should really check on some actual facts before giving your opinion on what you assume are facts based on your random guesswork. Maybe this is why you posted AC.

    31. Re:A-PPolice State. by maxume · · Score: 1

      There actually is something you can do.

      Don't shop at such a stupid store. If you lived in a village and it was the only store, I can see why you would complain (but maybe it would be more productive to open a smarter store). As it is, Apple sells shiny baubles, not necessities.

      --
      Nerd rage is the funniest rage.
    32. Re:A-PPolice State. by nedlohs · · Score: 1

      That's what privately owned means in that context.

      Private as opposed to Government owned.

      Not private as opposed to publically traded.

      Yeah, yeah. Same words, different meanings.

    33. Re:A-PPolice State. by jo_ham · · Score: 1

      No, it's not illegal since Apple's isn't the only mobile app store (you are not forced to use iOS).

      And in your hypothetical scenario, even as the only bean store in the whole world it is not an anti-trust issue to not sell one type of beans - in that logical scenario, you are forced to sell something against your will. How very freedom-loving. Nothing preventing the bean supplier going with another store. Now there are two bean stores!

      Now, if I shut down the competing bean store somehow, or attempt to cripple it (for example, telling my suppliers that I won't use them if they also supply the other bean shop) *then* that's raising the anti-trust flag.

      Simply choosing what I want to sell is not anticompetitive.

    34. Re:A-PPolice State. by ColdWetDog · · Score: 1

      Correction, its a publicly owned business, of which I am part owner.

      The private / public distinction isn't important. It's Government vs. non government. Public doesn't necessarily mean government.

      --
      Faster! Faster! Faster would be better!
    35. Re:A-PPolice State. by sjames · · Score: 1

      That depends strongly on how much effort you put in to keeping me from shopping at the bean emporium across the street.

    36. Re:A-PPolice State. by SleazyRidr · · Score: 1

      Of course you have a legal leg to stand on, it's your store, you can sell what you want.

      Being within the law doesn't prevent you from being a jackass, and all your customers who wanted beans would be within their rights to talk about how much of a jackass you are.

    37. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      You're comparing apples and beans here, totally not the same thing.

    38. Re:A-PPolice State. by s73v3r · · Score: 1

      Of course they do. If you believe in liberty, then you believe Apple has the liberty to decide what to sell in their store.

    39. Re:A-PPolice State. by s73v3r · · Score: 1

      Good thing Apple is not the only App Store in the world. There's Android, Windows Mobile, Blackberry, even Nokia.

    40. Re:A-PPolice State. by s73v3r · · Score: 1

      No, that's an even worse metaphor. You forgot the part where you don't have to enter into the agreement to have your mouth locked down, and can go with another vendor.

    41. Re:A-PPolice State. by s73v3r · · Score: 1

      Businesses do the exact same thing every day to consumers, and people like you bitch and moan when we try to use the little power we have available to us in government to get them to stop it.

    42. Re:A-PPolice State. by coolsnowmen · · Score: 1

      haha, Hilarious!

    43. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      Thats... actually pretty much exactly what public means with regards to ownership.

      Something can be privately owned or publicly owned.

      Private ownership can be publicly traded, meaning ownership can change hands with less restriction. Privately traded privately owned corporations tend to require that you sell only to certain elligible people. But ownership is still, privately or publicly traded, in the hands of individual people. No matter how many holding corporations, active businesses, trust funds, mutual funds, or shell companies are between the share in question and the person owning it.. a person owns it. Public ownership stops at the government, because (at least theoretically) nobody owns the government.

    44. Re:A-PPolice State. by AK+Marc · · Score: 1

      It's publicly owned in that the public owns (or could own) it. A municipally held utility would be distinct by calling that a government owned, rather than publicly owned, business. Rarely are government owned businesses called "businesses" anyway. At least where I'm from, the utilities owned by the government are considered and called departments, rather than businesses.

      A "public corporation" is, by what I can tell from most people's use of those words, a privately owned and publicly traded business that is traded on a regulated stock exchange of note. This is distinct from larger privately held corporations where the stock is not traded on an exchange, which are owned by members of the public, but shares are not available to every member of the public, so it is a privately held and privately traded corporation.

      The OP's use of "private" was correct for the context. The correction to "public" was a correct statement, but didn't evaluate the context properly of the OP, and thus corrected an already correct statement, making mr "It's public" an ass and essentially wrong, even if factually correct. However, the distinction you are making is not the general use I hear from people, where there are private corporations (no stock trading open to the public), public corporations (stock available through a regulated exchange), and government businesses (which often aren't corporations, and don't have stock). And with people interchanging "business" for "corporation" or "company" or "LLC" or such, it mostly becomes a jumble.

    45. Re:A-PPolice State. by Anonymous Coward · · Score: 0

      I like beans, so I don't shop in your store. I think you're a jerk with a weird anti-bean obsession, so I tell my friends.

      You added the word "legal". It wasn't there in the GP.

    46. Re:A-PPolice State. by LordLucless · · Score: 1

      Yay, analogy time! How's this one?

      I sell freezers. At some point, I decide I don't like beans. I engineer my freezers such that if you try and put beans in there, it will spit them back out again. Despite "owning" the freezer, you are not allowed to decide what to put in it. I am.

      Who cares about legal legs, am I a self-absorbed jerk with control issues?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    47. Re:A-PPolice State. by jo_ham · · Score: 1

      Then in that case, if you want to store beans, you don;t buy your freezer because it is incompatible with beans. It's not illegal for you to make freezers that do this, not wrong in any way, as long as you don;t stop other people from making freezers that work the way their designers and vendors want them to.

      You are under no obligation, legal or moral, to be forced to make a product that works with my beans, just as long as you don't stop other people from doing so.

    48. Re:A-PPolice State. by LordLucless · · Score: 1

      Too bad - I didn't advertise that my freezer didn't allow bean storage when you bought it. I decided that after-sale, and retrospectively removed that functionality.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    49. Re:A-PPolice State. by jo_ham · · Score: 1

      Now you're talking about Sony who I *do* disagree with on that point (they should not have removed OtherOS function, or provided a simple and supported way to get it back on request), but from Apple's perspective no one is deciding to retrospectively con you - you know ahead of time about the pros and cons of an iOS device. They are well documented and advertised.

      It's no different to Microsoft's Xbox live ecosystem - if you want to play the later Halo titles (beyond number 2) then this is where you go, but there's nothing stopping you leaving for a different ecosystem if you don;t like it there if you are upset with something that has always been true about it - for example, closed off and "limited" store. Where it starts to get amusingly silly (and this is where a lot of slashdot haters come in) is that it's not enough to simply say "that's not for me" and go with something else, but they must either a) demand that the service/product/company change to suit them, or b) must be killed with fire for even existing and that anyone who willingly chooses to use said product or service has somehow been "conned" into it.

    50. Re:A-PPolice State. by LordLucless · · Score: 1

      No, I'm talking about Apple. It's a function of having the iPhone locked down to a single store. A week ago, people were able to install certain apps to do certain things; today, they can't. Because Apple restricts the applications able to be installed, they transitively restrict the function of the device whenever they forbid apps from their app store. And people who buy iPhones have no guarantees as to what Apple will, or will not allow or forbid in the future - they're entirely dependant on Apple's good will.

      And I bet if Xbox owners woke up one day to find that Microsoft had removed all the later Halo titles from their store, after they'd bought an Xbox with the expectation of being able to play them, they'd be pissed too.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    51. Re:A-PPolice State. by jo_ham · · Score: 1

      Which app is that? Are you talking about the DUI checkpoint apps that Apple did not ban?

    52. Re:A-PPolice State. by LordLucless · · Score: 1

      No, I'm talking about the DUI checkpoint apps using crowdsourced data that Apple did ban.

      Also, not how you're now taking this conversation away from its original topic. It was originally a discussion in the abstract, over whether Apple banning apps from their appstore was a dick move or not. Now you're arguing whether or not Apple did actually ban a particular app. Should I take this to mean that you agree, in the abstract, that Apple banning apps is a bad thing?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    53. Re:A-PPolice State. by jo_ham · · Score: 1

      No, Apple can do whatever it likes. If it chooses to ban a particular app, that is up to Apple. It has a walled garden to maintain, and a user experience to sell. If that doesn't work for you (or anyone in particular) there are other options available.

    54. Re:A-PPolice State. by LordLucless · · Score: 1

      Meh, so does Sony. It has a user experience to maintain that doesn't include OtherOS. So they pulled it. Apple's no different. They can pull whatever they want, and restrict their devices whenever they feel like it. That's the point. Their device, not yours. Apple retains control over, and thence, ownership over, the devices they "sell". You can use them only as long as Apple grants you permission to, and only in the manner in which Apple decides to let you.

      That's why it's a bad thing.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    55. Re:A-PPolice State. by jo_ham · · Score: 1

      Nice hyperbole.

      I can see why you "win" so many arguments. Easy when you make up facts.

  9. Can I avoid Senators with an app? by thomasdz · · Score: 1

    Is there some app that will allow me to avoid politicians?

    --
    Karma: Excellent. 15 moderator points expire sometime.
    1. Re:Can I avoid Senators with an app? by Beautyon · · Score: 2

      Yes, its called Bitcoin.

      --
      ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
    2. Re:Can I avoid Senators with an app? by Anonymous Coward · · Score: 0

      Move to western NY. The only evidence that our senators are aware of a portion of the state west of Albany is a few blurry photographs. Or maybe those are of bigfoot.

    3. Re:Can I avoid Senators with an app? by bennomatic · · Score: 1

      Is there an app for that?

      --
      The CB App. What's your 20?
    4. Re:Can I avoid Senators with an app? by Abreu · · Score: 1

      And how is a ponzi scheme going to help with avoiding politicians?

      --
      No sig for the moment.
    5. Re:Can I avoid Senators with an app? by blair1q · · Score: 1

      You have about 9 seconds until that's no longer true. Bitcoin is money. You don't have a right to create your own money. Once the feds decide in-game* money is interfering with IRL money, they will ban and/or regulate it, then tax it**.

      * - I'd say "online" but most cash is now electronic and therefore online.

      ** - before anyone goes there: it's a myth that barter is not taxable. any profit on barter constitutes taxable income. that dude that traded-up from a paper-clip to a house could have ended up owing tens of $K in aggregate. valuation on barter is fluffy, but any sale where IRL cash is involved, or published estimate of IRL cash value, determines value as far as the IRS is concerned, even for things with 0 intrinsic value, like art or Tarnished Bastard Swords.

    6. Re:Can I avoid Senators with an app? by Anonymous Coward · · Score: 0

      But... But... But they're just trying to take CARE of you! They got your message loud and clear: you want to live a life free from any and all pain, suffering, feeling bad about yourself, etc. They're only trying to build you the padded cage that you asked for...

    7. Re:Can I avoid Senators with an app? by AK+Marc · · Score: 1

      What, no comment that politicians are attracted to ponzi schemes?

  10. Newpapers? by lavaforge · · Score: 1

    Most DUI checkpoints are published in newspapers ahead of time.

    Will Apple also be banning newspaper apps?

    1. Re:Newpapers? by DoubleParadoxx · · Score: 0

      Who reads newspapers?

    2. Re:Newpapers? by Kufat · · Score: 1

      If you read the article, you'd see that the rule only applies to "Apps which contain DUI checkpoints that are not published by law enforcement agencies".

    3. Re:Newpapers? by jo_ham · · Score: 1

      The new ToS are about removing apps that use information that was not publicly available already. The data published by the police is still fine to use. Of course, the troll summary leaves that out to try to paint Apple in as poor a light as possible, but this is slashdot.

      The answer to your question is thus "no", as answered in TFA.

    4. Re:Newpapers? by dcollins · · Score: 2

      That's kind of a funny insight -- certain legislators being cranked that public information has unexpectedly gotten into a readable, useful format. Implying that newspapers have degenerated to the status of "officially public information" but "assuming no one actually reads them".

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    5. Re:Newpapers? by Americano · · Score: 2

      Hey brainiac, I know reading the fucking article is so last-year around here, but if you had bothered to read it, you would have seen this:

      In revised app store guidelines discovered by Mac Rumors, Apple has updated Section 22.8 to now read:
      Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected.

      This submission is retardedly inaccurate flamebait. If your app contains information about checkpoints that have been published by law enforcement, then your app meets the requirements set forth in the guidelines.

    6. Re:Newpapers? by chuckugly · · Score: 3, Interesting

      The new ToS are about removing apps that use information that was not publicly available already. The data published by the police is still fine to use. Of course, the troll summary leaves that out to try to paint Apple in as poor a light as possible, but this is slashdot.

      So just to be clear, since it appears ALL checkpoints have to be published publicly, therefore NO apps are to be banned?

      Or no?

    7. Re:Newpapers? by lavaforge · · Score: 1

      I'm sorry to deflate your rage-boner, but the "or" clause in that language means that either of those criteria can cause a ban.

      Given that "encourage and enable" is overly broad, and could, in fact, relate to any source of information, the original question still stands.

    8. Re:Newpapers? by Americano · · Score: 1

      Logic fail. Please explain how information that is published by law enforcement "encourages and enables drunk driving," when the entire mission of law enforcement vis-a-vis drunk driving is to *discourage* and *disable* it?

    9. Re:Newpapers? by jo_ham · · Score: 1

      Well, since the article itself doesn't actually mention any banned apps, then.... who knows. The real story is the change in the ToS, as quoted in the article. It has been re-spun into "Apple bans DUI apps" in a somewhat sensationalist fashion. However, given that they didn't run with any examples then I'd guess no.

    10. Re:Newpapers? by blair1q · · Score: 1

      Does putting the checkpoint out on the road constitute "publishing" it?

      I say it does.

    11. Re:Newpapers? by demonlapin · · Score: 1

      Depends on where you live. I've only been through two or three DUI checkpoints in my life, and their locations were predictable (e.g., at river crossings from a wet county into a dry county) - but they certainly weren't advertised in any meaningful sense. (I suspect that the local govt may have ignored the rule about publicizing, or may have run them in the classifieds if they didn't.)

    12. Re:Newpapers? by Anonymous Coward · · Score: 0

      The data published by the police are still fine to use.

    13. Re:Newpapers? by jo_ham · · Score: 1

      Me fail inglish unpossible

    14. Re:Newpapers? by sjames · · Score: 1

      So, if I promise to tweet about the checkpoint first, does that make it public information suitable to publish through an iPhone app?

    15. Re:Newpapers? by Anonymous Coward · · Score: 0

      What the parent said isn't, strictly speaking, a logic error. You're applying a certain amount of reasoning behind the logic. Your interpretation of the statement:

      Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected.

      would be correct if we assume the or is exclusive. Since we have no good words in English for an XOR, lets look at how a computer would decipher this code:

      if (app != published_by_law_enforcement || app == encourage_and_enable_drunk_driving) { app = violation; }

      So the question is, should we assume the or is straight logic (and therefor inclusive), or should be apply reasoning and assume the or is really exclusive?

    16. Re:Newpapers? by Americano · · Score: 1

      Please explain how something *published by law enforcement* (the only way it would get by clause 1) could also *encourage and enable* drunk driving (which would run it afoul of clause 2), in light of the fact that law enforcement's entire mission is to discourage and punish the practice of drunk driving?

      It's like arguing that those "Buckle Up For Safety" billboards put up by the state police to remind people to buckle up are actually *encouraging* people to drive without seatbelts.

      You can certainly dispute the effectiveness of roadblocks in discouraging the practice of drunk driving. You can also dispute the constitutionality of roadblocks in general, and argue that patrol-based enforcement is the only constitutional way to go about this. But there is no way to make the logical leap from "The police published this information about roadblocks," to "The police, in publishing this information, want to encourage you or assist you in your efforts to drive drunk."

    17. Re:Newpapers? by lostfayth · · Score: 1

      Unless the app happens to work in other countries which haven't historically been forward-thinking about these types of things, or has community supplied information on things such as stationary speed traps.

      Just a guess, so don't read too much into that.

    18. Re:Newpapers? by jo_ham · · Score: 1

      As an official source of the information, presumably no.

      What the article goes on to say, right at the end, is that no apps have been pulled as a result of this ToS update since all DUI checkpoints are already publicly advertised by the police themselves. So as it stands right now, nothing about the status quo has changed, except that Apple has tightened up its rules on apps that list information to specify that it must already be public-obtailable information.

      Of course, this is reported as "Apple bans DUI checkpoint apps" which is a total lie. No surprise for a slashdot summary title though.

    19. Re:Newpapers? by sjames · · Score: 1

      There is a big difference between "officially released information" and "publicly available information".

      I am part of the public. If I see something, that is information. If I tell others, it's "publicly available information", even if officials deny it.

      TFA actually says

      We should note, however, that DUI checkpoint apps already on the iTunes App Store haven’t been kicked out and we’ll have to wait and see if they’re grandfathered in or if they’ll eventually be removed. Take DUI Dodger, for example, which enables users to view and submit checkpoints in their area.

      In other words, the TOS suggests that crowdsourced info might be forbidden but none have been removed to date. That's just a BIT different.

    20. Re:Newpapers? by jo_ham · · Score: 1

      "suggests" is pretty loaded... in much the same way as the title "Apple bans DUI checkpoint apps" when it clearly hasn't done so.

      You're right, at the moment no one knows what will happen to the apps on the store right now - anything we come up with is speculative.

    21. Re:Newpapers? by AK+Marc · · Score: 1

      It doesn't encourage drunk driving when it's on page 24 of the local paper nobody reads. But when it's on a billboard one mile before all checkpoints, it does (or so asserts the police). The police are required by law to advertise them, so they do so in the least useful way allowed. The government is claiming that their initial publication, required for the checkpoint to exist in the first place, doesn't encourage drunk driving, but that anyone who makes that information more accessible and usable is encouraging drunk driving.

      If Apple agrees with that logic, then all checkpoint-finding applications will be banned.

  11. But it's OK when the cops do it... by Anonymous Coward · · Score: 0

    I thought that announcing the location and timing of DUI checkpoints was part of the awareness campaign.
     
    Here's a random example from Google News:http://www.lasvegassun.com/news/2011/may/23/police-plan-dui-checkpoint-over-holiday-weekend/

  12. DUI Checkpoints by Anonymous Coward · · Score: 1

    Are technically illegal.

    Yet, the apps that alert people to the illegal checkpoints are being criticized.

    Fuck, nevermind. I forgot, this is America. Illegal != Not Legal for The Gummit

    1. Re:DUI Checkpoints by jpapon · · Score: 1
      How are they technically illegal? IANAL, but I was under the impression that a cop could stop you for any reason they like while on a public roadway. They can't ask you to get out of the car and frisk you, or search your car (without probable cause), but I see no reason why they can't stop you and check your license, registration, and/or sobriety.

      They do it to truckers all the time with weigh stations, how are cars any different?

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    2. Re:DUI Checkpoints by mistiry · · Score: 1

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      What probable cause have I given the police to stop me, require me to prove my legal standing to operate the vehicle (my license), show that I am insured, and PROVE that I am innocent (not driving above the legal BAC), by simply driving home from Wal Mart at 2am? I am subjected to sobriety tests and breathalyzers when I have given no cause or reason for anyone to believe I am over the legal BAC.

      A checkpoint forces the driver to prove his innocence, however the law states that you are already innocent until they can prove you guilty.

      Stopping a driver that is driving erratically, or failing to abide by the laws of the road, are a reason for police to stop you.

      Stopping EVERY driver on a road and forcing them to prove their legality on multiple levels* in hopes of catching a handful of actual offenders is NOT legal.

      * You have to prove:
      - You hold a legal driver's license.
      - You hold valid insurance.
      - You are up to date on registration and inspections.
      - You are not above the legal limit.

    3. Re:DUI Checkpoints by PitaBred · · Score: 1

      They can stop you and check your registration and license, but checking your sobriety is a 4th amendment thing. Unless you give them reason to suspect you (no, just driving late at night is not a reason), DUI checkpoints shouldn't stand up to constitutional scrutiny. But given that our Supreme Court doesn't have sense of morality or knowledge of America and it's ideals and laws, I don't see a constitutional complaint going very far.

    4. Re:DUI Checkpoints by Lehk228 · · Score: 0

      Your impression is wrong. Trucks driven under a commercial license (CDL) would be subject to different rules and restrictions, but private citizens retain their constitutional rights when in their vehicles.

      --
      Snowden and Manning are heroes.
    5. Re:DUI Checkpoints by jpapon · · Score: 1
      So what you're saying is that it's illegal because they grant you different licenses? That argument doesn't hold up to scrutiny... If they have the freedom to choose what license you have, they could just decide that everyone on the roads is conducting "commerce". Which they are of course, in one form of another. If it's okay to control one form of driver, it's okay to control all of them.

      Looking at it from a different viewpoint, your claim would indicate that truck drivers must give up rights in order to drive trucks. I think that's the key point here... Truck drivers have to give up rights, how is it any different for cars? You give up portions of your right against unreasonable search and seizure when you are allowed to drive a several thousand pound vehicle on public roads. You do so in the name of safety. It's a balancing act between privacy and public safety, and in the case of drunk drivers, the courts err on the side of safety. Nothing unconstitutional about it.

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    6. Re:DUI Checkpoints by Anonymous Coward · · Score: 0

      The Supreme Court already ruled on DUI checkpoints, and it's an amazing decision: they actually admitted the checkpoints are unconstitutional, but there is a "compelling public interest" in stopping drinking and driving, so they ruled in favor of checkpoints.
      Of course, no where in the constitution does it say that a compelling public interest overrides any rights.

      And they cannot randomly stop people to check anything; they need probable cause. The checkpoints stop *everyone* and that is why they are permitted.

    7. Re:DUI Checkpoints by lostfayth · · Score: 1

      To answer more directly, they do not have the right to stop you for no reason as I understand the law, there must be cause.

      Operating commercial vehicles puts many more requirements on both the driver and the vehicle which are well publicized before you so much as step into the vehicle. There is no easy comparison to a typical operator license.

    8. Re:DUI Checkpoints by burris · · Score: 1

      Sobriety checkpoints are legal because the Supreme Court says they are, unless your state constitution gives you additional protections. See Michigan vs. Sitz.

  13. Will all avoiding-authority apps be banned? by Anonymous Coward · · Score: 0

    Will Apple next ban "Libyan Rape-Squad" location apps? Or can Apple tell when the authorities are doing the right thing by stopping everyone and inspecting them, and when they're not?

  14. How laws are written by Anonymous Coward · · Score: 1

    I'm not so familiar with US democracy, but do four senators represent a quorum, so that they can write a letter that has the power of law? This sounds unusual.

    1. Re:How laws are written by MBGMorden · · Score: 1

      Of course not. They didn't say Apple responded to a legal requirement. They voluntarily responded to a REQUEST.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  15. "not published" by Reverberant · · Score: 2

    According to TFA, the terms ban:

    Apps which contain DUI checkpoints that are not published by law enforcement agencies,

    But aren't all DUI checkpoints supposed to be publicized ahead of time?

    1. Re:"not published" by Anonymous Coward · · Score: 0

      I believe that varies by state. I've looked in Colorado but all I've ever seen were announcements they would be conducting them, not where they would be.

      IIRC, some states don't have checkpoints at all (e.g. Texas)

    2. Re:"not published" by wootcat · · Score: 1

      I will be curious to see if ANY of these apps are ever deleted.

      If in fact it is a law that DUI checkpoints are publicized beforehad, then it may be that this is Apple's way of being able to show the senators they are cooperating with them to such an extent that the DUI apps are not providing any more information than is publicly available elsewhere.

      Technically, they are cooperating with the senators, but in reality nothing will change. Heh, nice to see the shoe on the other foot for once.

      --
      I'm really a low 5-digit Slashdotter, but this ID is where I am now.
    3. Re:"not published" by Anonymous Coward · · Score: 0

      BINGO!

      So nothing to see here, move along.

    4. Re:"not published" by Anubis+IV · · Score: 1

      The link you provided merely gave California's rules and some guidelines that a federal agency established. The Supreme Court ruled that it's up to the states to decide what's considered reasonable as opposed to intrusive.

    5. Re:"not published" by Anonymous Coward · · Score: 0

      I think that is is referring to the publisher of the application, not the public availability of the information.

    6. Re:"not published" by Anonymous Coward · · Score: 0

      But aren't all DUI checkpoints supposed to be publicized ahead of time?

      Point to be noted: According to wikipedia those are only recommendations, its left up to each state to decide what works best for them. From WikiPedia:

      "As often happens in Supreme Court decisions, however, the Chief Justice left it to the states to determine what those minimal safeguards must be, presumably to be reviewed by the courts on a case-by-case basis."

    7. Re:"not published" by Anonymous Coward · · Score: 0

      Looks like that's a recommendation made by the Supreme Court of California, so no.

  16. Remove safari by Anonymous Coward · · Score: 0

    because you know, folks can go to wikileaks.

  17. Public Knowledge by gubers33 · · Score: 1

    There is absolutely nothing illegal about those apps. Senators stating they are illegal is an outright lie and violation of the 1st amendment. DUI checkpoints are in fact public knowledge because the public must be informed the checkpoints are in place, because they can prevent people from getting places on time. The general public is usually informed by putting in a newspaper. Because it is public knowledge, the apps are a extension of freedom of speech. It would be the same as an application that allows you to read newspaper articles on sports.

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    1. Re:Public Knowledge by nomadic · · Score: 1

      Senators stating they are illegal is an outright lie and violation of the 1st amendment.

      Nonsequitur.

    2. Re:Public Knowledge by Arlet · · Score: 1

      If you read the actual letter, you'll find that the Sentators do not claim these apps are illegal.

      http://www.edibleapple.com/us-senators-ask-apple-to-remove-apps-that-alert-users-of-dui-checkpoints/

    3. Re:Public Knowledge by drinkypoo · · Score: 0

      Senators stating they are illegal is an outright lie and violation of the 1st amendment.

      Nonsequitur.

      Here, try this version: Senators stating they are illegal is an outright lie and also a violation of the first amendment. See how adding just one word which was implied anyway makes the sentence clear? See if you can do this for yourself in the future, I won't always be here to help.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Public Knowledge by nomadic · · Score: 1

      Here, try this version: Senators stating they are illegal is an outright lie and also a violation of the first amendment. See how adding just one word which was implied anyway makes the sentence clear? See if you can do this for yourself in the future, I won't always be here to help.

      Kind of went over your head, eh?

      The nonsequitur is, making the statement that Senators saying these are illegal is a lie and a first amendment violation is a nonsequitur when no such statement was made.

      You should probably have read the letter before you tried to be condescending: http://lautenberg.senate.gov/newsroom/record.cfm?id=332100&

  18. It's their monopoly by Anonymous Coward · · Score: 0

    As long as they're the only ones allowed to sell apps to the Apple iPod/iPad/whatever then they have a monopoly. And refusing for no good reason is an illegal abuse of that monopoly.

    1. Re:It's their monopoly by wygit · · Score: 1

      Not as long as you don't have to buy in iPhone/iPad and can choose to buy Android or Blackberry or whatever.
      Go look up "monopoly".

    2. Re:It's their monopoly by Anonymous Coward · · Score: 0

      Go learn what a monopoly is, and stop abusing the term. Hint: It does not mean, "business practices that make me so ANGWY!"

    3. Re:It's their monopoly by spire3661 · · Score: 1

      They dont have a monopoly in the true market sense of the word. Your statement is like saying Ford has a monopoly on Lincolns. And no, refusing for no good reason is not an actionable monopoly abuse. This "apple is a monopoly" shit is getting really tired. They are NOWHERE NEAR Microsoftian levels of monopoly abuse. Not even close, they dont have the marketshare for it.

      --
      Good-bye
  19. more governmnet intervention by roman_mir · · Score: 1

    so now the apps are 'illegal', and they are not even drugs or weapons.

    1. Re:more governmnet intervention by jo_ham · · Score: 1

      They're not illegal. The troll summary writer used the word illegal.

    2. Re:more governmnet intervention by hrimhari · · Score: 1

      And it seemed to appeal to the right public...

      I'm not a fan of Apple's policies, but I'm shocked at the selfishness of most comments.

      The idea of limiting alcohol consumption before driving is to avoid accidents. The idea of these devices is to help enforce such limits.

      Regardless of the info existing, being legal or illegal, if you know exactly where these devices are, how likely are you going to respect the limits instead of just avoiding the devices?

      What kind of freedom is really being defended here?

      --
      http://dilbert.com/2010-12-13
    3. Re:more governmnet intervention by hypergreatthing · · Score: 1

      The freedom to be innocent before proven guilty. The freedom of illegal searches and seizures. The freedom to not be stopped for no reason and explain what you're doing.

      The idea behind DUI checkpoints is to stop drunk drivers from driving. The idea that you need to stop everyone and check everyone is absurd.

    4. Re:more governmnet intervention by hrimhari · · Score: 1

      The freedom to be innocent before proven guilty. The freedom of illegal searches and seizures. The freedom to not be stopped for no reason and explain what you're doing.

      None of these freedoms are hurt by any of this. You're still innocent (if you're not drunk). There's no illegal search or seizure and you're not asked to explain what you're doing, just show that your alcohol levels are acceptable for driving, because there's no license plate that does it for you.

      The idea that you need to stop everyone and check everyone is absurd.

      Only if you're a Natural Selection extremist*. To all others, the annoyance of this 5 minute stop is worth avoiding some nasty accidents.

      * Natural Selection extremist: let life alone select who's fit to live.

      --
      http://dilbert.com/2010-12-13
    5. Re:more governmnet intervention by DisKurzion · · Score: 1

      None of these freedoms are hurt by any of this. You're still innocent (if you're not drunk). There's no illegal search or seizure and you're not asked to explain what you're doing, just show that your alcohol levels are acceptable for driving, because there's no license plate that does it for you.

      As someone who has been stopped at a DUI checkpoint in Pennsylvania (while sober), that is patently false. The setup I drove through went something like this:

      Arrive at checkpoint (after waiting 15+ minutes in line)
      Officer looks into car with flashlight (obviously doing a cursory search before even speaking a word to you).
      Officer asks where you came from and where you are going. (obviously having to explain what you are doing)
      Officer asks for license and registration.
      Wait.
      Take a breathalyzer or blood test. Pretty damn invasive checkpoint with no probable cause if you ask me.

      While I won't disagree that drunk driving is a serious issue that needs resolving in society...I would argue that giving police ever-more power is a far more serious concern in the long term.

    6. Re:more governmnet intervention by ErikZ · · Score: 1

      Sure, it started out to stop drunk drivers and prevent accidents.

      It's now being used as a way to bring prohibition back.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    7. Re:more governmnet intervention by idontgno · · Score: 1

      I've heard these arguments before. They're usually phrased like "If you have nothing to hide, you have nothing to fear". They're usually supported with appeals to emotion like "Think of the children!" or "If we don't the terrorists have won!".

      Sorry. Due process includes respect for the 4th Amendment, and arbitrary stop and search without cause doesn't respect the 4th Amendment.

      Only if you're a Natural Selection extremist*. To all others, the annoyance of this 5 minute stop is worth avoiding some nasty accidents.

      An untoward fear of death, avoidable only by trading away precious rights, is the mark of cowardice and denigrates the sacrifices of all those who understood that dying for your rights isn't worse than not having the rights.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    8. Re:more governmnet intervention by hrimhari · · Score: 1

      An untoward fear of death, avoidable only by trading away precious rights, is the mark of cowardice and denigrates the sacrifices of all those who understood that dying for your rights isn't worse than not having the rights.

      That argument can be used anywhere. It's the same type of "emotionally supported" bull you criticize. For example, should the British had sent their last men to die fighting the insurgent Founding Fathers to defend their "right" to have a colony?

      Would you die to defend the right to have a slave?

      Some such rights may conflict with other people's rights, like to not be condemned to life on a wheelchair because of irresponsible people abusing such rights. A sane society may decide that certain individual rights are less important than other people's and revoke them.

      The rightful defense of any right should show that it doesn't conflict with other people's rights, or why it's more important than other people's.

      Yours looks like a selfish attempt to protect the status quo.

      --
      http://dilbert.com/2010-12-13
  20. Not Apple! by RottenJ · · Score: 1

    I would think a company like Apple would respond differently to political pressure. Checkpoints to begin with skirt a fine line with the 4th amendment, being stopped by the police for no reason so they can observe you up-close and perform an interrogation. The last time I went through one of those things there must have been about 20 or 30 cops standing around. I would think having those guys driving around looking for erratic drivers would be a better use of resources.

    --
    "It's fun to obey the machine" - Ralph Wiggum
  21. Gov Official Reporting Apps by future+assassin · · Score: 1

    How about an app that you enter the name of a politician and you can enter details of something they have done that you heard about or check what others have reported about your favorite/hated officials. Info like where they are available in the public or where they are making public speeches just in-case you want to communicate with them or throw a sign at them.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Gov Official Reporting Apps by blair1q · · Score: 1

      We have that. It's called the Internet. You should DL it.

  22. Future US Gov APP agency? by DigiShaman · · Score: 0

    Ahh, so now I know why Obama met with Steve Jobs. Maybe it was to create new federal agency with Apple behind its control?

    Lets be creative shall we? It might be called APP = Apple Policy of Protection. Yup, there's an APP for that.

    --
    Life is not for the lazy.
  23. Some food for thought by Anonymous Coward · · Score: 0

    http://www.reason.tv/video/show/banning-dui-apps

  24. Seriously stupid knee-jerk reaction... by Anonymous Coward · · Score: 0

    I freely admit I'm an Apple fanboy. I cut my ML/assembly teeth on an Apple //+ for cripes sake. Next to my *undying* love affair with my Commodore Amiga, Apple makes the coolest tech out there (I know, not a popular opinion here on slash, but my opinion nonetheless). Anyway, even for a lock-step-kool-aid-drinking-jobs-diciple like me, this is a really stupid move by Apple. You can find plenty of legitimate arguments for applications like this, just like you can find legitimate uses for bit-torrent, and legitimate uses for a 9mm handgun. Tools are simply tools (both the sense of inanimate objects and people). - Geo...

    1. Re:Seriously stupid knee-jerk reaction... by intheshelter · · Score: 1

      Big Aaple fan myself, not blind, but a big overall fan. I'm with you this, I am very disappointed with Apple's decision and more saddened in the direction this nation is going. I wish Apple would have taken a freedom of speech stance, but the possible negative PR in refusing this is huge. Still, shame on Apple. Is the inner hippy dead in Steve?

  25. Sobriety by Hellpop · · Score: 1

    What if I just want to avoid these checkpoints when I'm sober? If avoiding checkpoints is criminal then only criminals will avoid checkpoints.

    --
    "People are stupid; given proper motivation, almost anyone will believe almost anything."
  26. Make sure those senators are not voted back in! by plastick · · Score: 1

    When I was 14, I watched my best friend get run over and drug 88 feet under a pickup truck by a drunk driver. I abhor drinking and driving. But it's wrong on Apple's part, and it's just edging us that much further into a police state with fewer and fewer liberties, freedom, free speech, or choices.

    1. Re:Make sure those senators are not voted back in! by Trilkin · · Score: 1

      There's a Back to the Future joke in here somewhere...

      --
      Nobody cares what the CAPTCHA for your post was.
    2. Re:Make sure those senators are not voted back in! by DaMattster · · Score: 1

      We are already in a police state! That slipper slope has already been travelled down. I'll bet law enforcement counts for a good bit, if not most, of the Federal budget.

    3. Re:Make sure those senators are not voted back in! by Anonymous Coward · · Score: 0

      ...iI'll bet law enforcement counts for a good bit, if not most, of the Federal budget.

      Oh please, come gamble with me, because you suck at betting. Most of the federal budget goes to defense, debt maintenance, medicare, social security, and other giganto expenditures. Budgets for anything you might term related to "police state" activities, including justice departement, fbi, federal marshalls, etc., are less than 5%, and probably more like 2%, of the federal budget.
       
      Unless of course you think that medicare administrators are acting as police (perhaps performing cardiac arrests).
       
      State and local budgets fund most law enforcement. But I'm guessing you can't even make that distinction as you slide down your "slipper slope".

    4. Re:Make sure those senators are not voted back in! by Anonymous Coward · · Score: 0

      No, there is not. Go back to 4chan, you piece of filth.

  27. so DUI checkpoints are 100% by Anonymous Coward · · Score: 0

    100% of the people passing a DUI checkpoint is drunk, then, is it?

    Or maybe there are sober people who don't want to be stopped at a DUI checkpoint.

    1. Re:so DUI checkpoints are 100% by frosty_tsm · · Score: 2

      100% of the people passing a DUI checkpoint is drunk, then, is it?

      Or maybe there are sober people who don't want to be stopped at a DUI checkpoint.

      I've yet to experience a DUI checkpoint, but I've seen seatbelt check-points that resulted in epically bad traffic jams. I'd want to know if there was one if only to make it to work before lunch (which admittedly doesn't apply to DUI since they probably aren't setup at 8 am).

    2. Re:so DUI checkpoints are 100% by s73v3r · · Score: 0

      That sucks, but as a condition of you using the public roads, you agree to be subject to DUI screens.

    3. Re:so DUI checkpoints are 100% by treeves · · Score: 1

      I 'm willing to opt out and use the private roads then.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    4. Re:so DUI checkpoints are 100% by nedlohs · · Score: 1

      And as a condition of carving out a chunk of the consitution the Supreme Court requires that those DUI checkpoint locations be publicised, making it a rather large stretch to label an app doing so "Illegal".

    5. Re:so DUI checkpoints are 100% by ColdWetDog · · Score: 1

      I 'm willing to opt out and use the private roads then.

      The only way I see to do that is to get a riding lawnmower and drive over everyone's front yard. It would be slow, but you could make some real friends that way. Bonus points if you clip the hedges.

      --
      Faster! Faster! Faster would be better!
    6. Re:so DUI checkpoints are 100% by Risen888 · · Score: 1

      I did not agree to any such thing.

      --
      Hey, I finally got my first freak! Took you long enough!
    7. Re:so DUI checkpoints are 100% by InsGadget · · Score: 1

      EXACTLY. People do not realize that DUI checkpoints REQUIRE PUBLIC NOTICE. You will see ads in your local newspaper and some mention on your local TV news in the morning on where your local DUI checkpoints will be located. When you come upon a DUI checkpoint, there is supposed to be signage alerting you to the fact and allowing you to do a u-turn if you desire.

      DUI checkpoints are not mandatory and are supposed to be advertised. These apps should not be considered illegal, if DUI checkpoints are not.

      I should note that these requirements are for Florida, where I have experience with DUI law. I'm not sure if this is the case in other states.

    8. Re:so DUI checkpoints are 100% by russotto · · Score: 2

      That sucks, but as a condition of you using the public roads, you agree to be subject to DUI screens.

      If the government can simply require me to waive my fundamental rights as a condition to doing quite ordinary activities, those rights have gotten pretty darned watered down. Want to drive, take an airplane, take the subway, train, or interstate bus? No Fourth Amendment for your person. Hmm, but most of us use public water and/or sewer... maybe as a condition to that, we'll give up protection against search and seizure for our homes. What about those newspaper boxes on the sidewalk? maybe to be sold there, they should accept government censorship.

    9. Re:so DUI checkpoints are 100% by DJRumpy · · Score: 2

      I'm sure you are aware of this but thought it needed repeating. The apps being rejected are only those that do not make use of publicly available information regarding DUI checkpoints. Just wanted to point that out. You didn't specifically say mention this policy one way or another so I thought I would. Just wanted to make sure folks who are too lazy to RTFA knew this as well.

      From TFA:

      Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected.

    10. Re:so DUI checkpoints are 100% by treeves · · Score: 1

      I once worked at a place and a guy that worked for me drove his lawnmower to work one day because his car was out of commission. Got a good laugh out of that.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    11. Re:so DUI checkpoints are 100% by imric · · Score: 2

      SO - since DUI checkpoints REQUIRE publication, Apple is effectively saying: "We are complicit when the Police BREAK THE LAW".

      That IS what you just said, right?

      --
      Paranoia is a Survival Trait!
    12. Re:so DUI checkpoints are 100% by EastCoastSurfer · · Score: 2

      That sucks, but as a condition of you using the public roads, you agree to be subject to DUI screens.

      So you're okay with a condition of using public sidewalks that you can be stopped and cavity searched at any time?

      The dissenting opinion of the supreme court case said it best:

      Moved by whatever momentary evil has aroused their fears, officials — perhaps even supported by a majority of citizens — may he tempted to conduct searches that sacrifice the liberty of each citizen to assuage the perceived evil. But the Fourth Amendment rests on the principle that a title balance between the individual and society depends on the recognition of “the right to be let alone — the most comprehensive of rights and the right most valued by civilized men. [Cite omitted.]'' [496 U.S. at 458-459.)

    13. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Go for it.

    14. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Agreed. Which is why it wasn't declared illegal (except in the poorly written summary).

    15. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Not in the least. They're just saying that, should the police break the law, they are not the proper channels to go through to rectify the situation.

    16. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Actually, you did, when you got your driver's license. Check it out sometime. Many states also have laws that state that having a driver's licence means that you consent to a breathalyzer or alcohol blood test. If you don't consent, then don't get a driver's license.

    17. Re:so DUI checkpoints are 100% by jojoba_oil · · Score: 1

      I think you would make quite a bit more enemies. Sure, you'd be mowing their lawn, but who really wants a straight-line streak of shorter grass?

    18. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      So you're okay with a condition of using public sidewalks that you can be stopped and cavity searched at any time?

      No. But that's such a slippery slope argument that only an idiot would make.

      And you do have the right to be "left alone." You just don't have the right to use public roads at the same time.

    19. Re:so DUI checkpoints are 100% by Anonymous Coward · · Score: 0

      I'm not a good judge of written summaries but I did notice that illegal was in quotes.

    20. Re:so DUI checkpoints are 100% by EastCoastSurfer · · Score: 1

      It's not the only slipper slope argument an idiot would make (and it's even not much of a slipper slope) because the 'war on terror' is quickly taking us down that direction. If you're for giving up basic rights to use a public resource, then you don't have much of an argument against removing those basic rights for using all public resources.

      Your saying that we don't have the right to be left alone while in public, to which I disagree with as does the 4th amendment and at least some of SCOTUS.

    21. Re:so DUI checkpoints are 100% by geminidomino · · Score: 1

      Try this one then:

      "So you're okay with a condition of using public sidewalks that you can be stopped, be forced to produce identification, and have your person searched at any time?"

      If anyone thinks that's the same sort of "slippery-slope argument", he needs to crawl out from under his rock. It's status quo now.

    22. Re:so DUI checkpoints are 100% by Risen888 · · Score: 1

      Actually, you did, when you got your driver's license.

      I don't have a driver's license. Nor is my local area very big on checkpoints (you see more further out of town). However, I do ride bike, and under the law, a bicycle counts as a vehicle in almost every way (with a few exceptions like not being allowed on freeways, but for the most part I'm a car).

      Could I be made to take a breathalyzer at a checkpoint? Now there's an interesting question.

      --
      Hey, I finally got my first freak! Took you long enough!
    23. Re:so DUI checkpoints are 100% by node+3 · · Score: 1

      That's not how it works. Calling it an "agreement" is highly misleading. Extremely few people are aware of such laws, so how can the rest be said to have actually "agreed" to it?

      Not that this changes the effect of these laws, but it's not like most people have ever specifically made a statement like, "yes, I agee to be subject to random DUI checkpoints". For most people, where such laws exist, it's not so much that they ever have specifically agreed to these things, but more that they are subject to such laws due to being under qualifying jurisdiction, licensing, and behavior.

      Additionally, just because something is the law, or is buried in an agreement (either explicitly, ot implicitly), does not automatically make it right or beyond reproach or even constitutional.

    24. Re:so DUI checkpoints are 100% by node+3 · · Score: 1

      He wasn't making a slippery slope argument. He never said this would lead to that. He was saying they are both based on the same notion.

      The roads are public. Making use of them should not force one to give up their constitutional rights like this. Especially not something so extreme and fundamental as these checkpoints do.

      The way you talk, it's like you are on a vicarious power trip. It's really disturbing.

    25. Re:so DUI checkpoints are 100% by Unkyjar · · Score: 1

      Extremely few people are aware of such laws,

      In NY it is on the written test for getting a license, as well as what the legal limit is for BAC.

    26. Re:so DUI checkpoints are 100% by Anonymous Coward · · Score: 0

      In Ontario at least they've started doing RIDE checks in the morning during the holidays. The objective is to catch people who got so hammered the night before that they are driving while still drunk.

    27. Re:so DUI checkpoints are 100% by Anonymous Coward · · Score: 0

      Exactly! Us surfs are to properly take the situation up our rectums. That thoroughly rectifies the situation.

      Come on goatse trolls, you know you want to post the graphical how-to reference.

    28. Re:so DUI checkpoints are 100% by Politburo · · Score: 1

      Note that it must be a *legal* u-turn, otherwise you give them probable cause to stop you.

    29. Re:so DUI checkpoints are 100% by lgw · · Score: 1

      I didn't agree to any such nonsense. Agreement requires a meeting of the mind. There was none. This was fiat, not agreement, and there's no shred of ration reason such bullshit should be allowed when the Bill of Rights expressly forbids this exact thing as explicitly as possible.

      But, hey, whats a little freedom when we get the illusion of safety, right?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    30. Re:so DUI checkpoints are 100% by node+3 · · Score: 1

      Extremely few people are aware of such laws,

      In NY it is on the written test for getting a license, as well as what the legal limit is for BAC.

      What percentage of drivers today took a test with that question?

    31. Re:so DUI checkpoints are 100% by lostfayth · · Score: 1

      Yes, you can. I've known more than one person who got a dui riding a bicycle. The rationalization is that you can seriously hurt someone by hitting them with a bicycle, too. Personally, I got a written warning for speeding on a bicycle.

      Now if we got more cyclists to understand that road laws affect them as well, I would be much happier when driving. Either you get to use crosswalks and be a pedestrian, or you get to move with traffic, not both. Get off the damn thing if you want pedestrian right-of-way.

    32. Re:so DUI checkpoints are 100% by Anonymous Coward · · Score: 0

      please back your batshit-insane fascist drivel on something in the constitution then. i'd love to know what makes the 4th amendment no longer apply.

    33. Re:so DUI checkpoints are 100% by Firethorn · · Score: 1

      DUI riding a bicycle? I've heard of people getting a DUI while changing the oil in their car, and a quick search showed that somebody got arrested for DUI while walking beside their bicycle in their own yard...

      As for giving a bicyclist a speeding ticket, there's a few problems:
      1. Relatively hard to hit with a radar gun
      2. Tickets are generally not going to get you much
      3. bicyclists tend to view them as badges of honor. ;)

      --
      I don't read AC A human right
    34. Re:so DUI checkpoints are 100% by lostfayth · · Score: 1

      I passed a cop who was doing the speed limit in his cruiser. No radar gun required for that one. And yes, the cop noticed I was extremely amused by the entire situation, probably why I only got a warning and not a ticket - I was likely the most pleasant person he dealt with all day.

    35. Re:so DUI checkpoints are 100% by Unkyjar · · Score: 1

      I'm sorry sir, but to get an answer to that question I need a completed 834-6b form, what you have here is an 836-6a form. Please get in the blue line to get the correct form.

      But seriously, it's been in the booklet that you study for the written exam since at least 1994, however as to how many drivers took the exam, and how many of the various exams it has been on, I'm not sure.

      But you're supposed to know everything in the booklet. Though I will venture that how much the average driver retains is probably close to 0% considering anecdotal evidence.

    36. Re:so DUI checkpoints are 100% by Risen888 · · Score: 1

      Yeah, I know you can get a DUI on a bike. But I wonder if I could be required to stop at a DUI checkpoint.

      Now if we got more cyclists to understand that road laws affect them as well, I would be much happier when driving.

      At the risk of going offtopic, I largely agree with your sentiment here. Some days I think the biggest threat to my well-being on my bike is actually other bikers who ride like assholes, because they make people in cars assume I'm going to be pulling the same shit. On the other hand, I wish we could get more drivers to understand this too. I can't count the number of times people have yelled out their windows at me or blew me by for obeying the fucking law. Why aren't I on the sidewalk? Because I don't want to kill anyone, you asshole (not you personally, "you" rhetorically). Also, it's against the damn law. Biking on the sidewalk's good for a $90 ticket around here. They only really enforce that downtown, but the downtown cops are really zealous about it.

      --
      Hey, I finally got my first freak! Took you long enough!
    37. Re:so DUI checkpoints are 100% by Risen888 · · Score: 1

      My roommate got stopped, drunk on his bicycle, on the freeway, and walked away with a warning ticket. "No bikes/peds on freeway." We framed it and hung it on the wall :)

      --
      Hey, I finally got my first freak! Took you long enough!
    38. Re:so DUI checkpoints are 100% by node+3 · · Score: 1

      So, basically people roughly 35 and under took a test with that question (assuming 1994 is an accurate date), and people over 35 did not (assuming the same). While I'd be interested in actual stats, that sounds like less than half of all NY drivers will have been reasonably *assumed* to be aware of this law.

      Which speaks to one my points, that just because it was on the test, even for 17 years, that doesn't mean most drivers on the street are aware of, let alone actually have knowingly agreed to, this abridgment of their constitutional rights.

      And completely ignores the point of whether states can, or should be able to, take away people's constitutional rights as a requirement for something as fundamental to Americans' lives as driving.

    39. Re:so DUI checkpoints are 100% by Firethorn · · Score: 1

      Yes, but most cops trolling for speeders are going to be using some form of speed gun. It's harder, but not impossible, to get a cyclist with one. Plus, they're generally after those going +10 or more over - +5 is only if they're not getting bites otherwise.

      It's fairly rare, but has happened. Like I said - the bicyclist in question tends to be PROUD of his speeding ticket. ;)

      Thus they tend to not hand them out much.

      --
      I don't read AC A human right
    40. Re:so DUI checkpoints are 100% by lostfayth · · Score: 1

      I would say it depends where you live as well. Very near where I got my written warning, though not in the same town, the local police were not equipped with radar guns. They still handed out speeding tickets, so the radar gun may not be the weakness you think.

    41. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      The rationalization is that you can seriously hurt someone by hitting them with a bicycle, too.

      Not only that, but you could swerve in front of traffic, causing a vehicle to either hit you, or swerve to avoid you and cause another accident.

      Either you get to use crosswalks and be a pedestrian, or you get to move with traffic, not both.

      Why? Why shouldn't a cyclist get to use both, as long as they do it in a safe manner, and when the signals show it is ok?

    42. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Extremely few people are aware of such laws, so how can the rest be said to have actually "agreed" to it?

      Around here, it's in your DMV handbook. If you didn't read it, that's your fault.

    43. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      Which speaks to one my points, that just because it was on the test, even for 17 years, that doesn't mean most drivers on the street are aware of, let alone actually have knowingly agreed to, this abridgment of their constitutional rights.

      Whether or not it's on the test is irrelevant; it's in the handbook, and I'm sure when the law was changed it was publicized. So everyone who hadn't taken the test recently would know about it, and anyone who got their license afterward would have read it in the book.

    44. Re:so DUI checkpoints are 100% by lostfayth · · Score: 1

      I hadn't thought of the swerving into traffic, that's a good example as well.

      As for why cyclists shouldn't get to pick and choose which set of rules to follow, that should be fairly obvious. Besides, they're perfectly capable of both while staying within the laws of most jurisdictions - get off the bike and push it if you want to use pedestrian ways. Same as the driver of a car would have to park and walk if they want to travel using the sidewalks.

    45. Re:so DUI checkpoints are 100% by s73v3r · · Score: 1

      It's been shown that you do not have a right to privacy in public.

    46. Re:so DUI checkpoints are 100% by RockDoctor · · Score: 1

      I once worked at a place and a guy that worked for me drove his lawnmower to work one day because his car was out of commission.

      That's quite bizarre, because it implies several weird things - that the lawn mower was taxed, licensed and safe to drive on the road (which must take time to arrange, unless it had been done previously) ; that the lawnmower travelled significantly faster than walking pace ; that there weren't taxi companies around that could do the transport job faster if the distance was significant ; that the guy was unwilling to walk a mile or so if he had to wait more than a few minutes for the taxi.

      Someone driving a lawnmower along the pedestrian pavements at 40 miles per hour across miles of town ... hmmm, I'll bet that he had some conversations with the cops on the way. which would really have helped with getting him to work on time.

      Video, or it didn't happen.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    47. Re:so DUI checkpoints are 100% by treeves · · Score: 1

      It was a small town, the guy was quite overweight and not accustomed to walking, beyond that I don't know.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
  28. easy fix.. by romanval · · Score: 1

    make it a mobile HTML5 web page with map overlay

  29. 2 Classes of users for this app by Anonymous Coward · · Score: 0

    1. Those who are DUI and therefore don't want to get cought up in the required checkpoint.
    2. Those who aren't DUI, but don't want to get cought up in the checkpoint because they don't want to deal with the stop, delay in their travel, potential of accidents/crashes.

    If apple is going to ban these kinds of apps, it could be (possibly) extended to include maping, driving directions, social traffic conditions. IMO, it's a slippery path.

  30. Just ban the damn alcohol by spam4rakesh · · Score: 1

    While you are at it Apple, why don't you just ban the damn alcohol ( OH )

  31. Jack booted thugs... by Anonymous Coward · · Score: 0

    An App description for photos of Apple, Napolitano, and various police "check points" around the country where they will stop you, feel you up, and arrest your a** since this is no longer a free country... Welcome to 1984....

    1. Re:Jack booted thugs... by Anonymous Coward · · Score: 0

      One of my favorite quotes by a man sorely missed:

      "The illusion of freedom in America will continue as long as it’s profitable to continue the illusion. At the point where the illusion becomes too expensive to maintain, they will just take down the scenery, they will pull back the curtains, they will move the tables and chairs out of the way and you will see the brick wall at the back of the theater." --- Frank Zappa

  32. It does mean "the only useful option" by Anonymous Coward · · Score: 0

    You really need to read up on what monopoly means and what it means to abuse it.

    You see, abuse of a monopoly position is both illegal AND actions "that make me so angwy". Just like being abused any other way makes people angwy.

    Or do you prefer being abused?

    1. Re:It does mean "the only useful option" by s73v3r · · Score: 1

      There is no monopoly here. The market is "Smart Phone App Stores", not "App Store for the iPhone". You are perfectly free to buy an Android phone, a Blackberry, or a Windows Mobile phone.

  33. They are public info by Anonymous Coward · · Score: 0

    Most DUI checkpoints, if not all, are released as public info in the weeks prior to them. There is nothing "illegal" about the app in and of itself. I'm glad Apple decided to ban them, however, because people are stupid as it is concerning DUIs, an app like this might make certain dumb****s feel less vulnerable and more likely to drive.

    Related note, to all those people that think you have to be above 0.08% BAC (in CA) to be DUI- not true. In California, if you are above 0.08, it makes no difference how well you can perform the field sobriety tests. By nature of you being 0.08 or above, you are presumed to be under the influence. If you are under 0.08 you can still get a DUI (even as low as 0.01, like, 1/10 of a beer), the officer would just have to prove you were DUI based upon the FSTs he conducted. As well, you can be DUI with 0.00 BAC- if you're smoking weed or even taking prescription Vicodin or codeine. There's a reason those medicines say, "DO NOT OPERATE HEAVY MACHINERY WHILE TAKING THIS MEDICATION..." Cars are heavy machinery, it makes no difference if it's what the doctor told you to do.

    1. Re:They are public info by lostfayth · · Score: 1

      Not only that but for commercial drivers federal regulations put that limit at .04 and not .08. The part that isn't often mentioned about that is that it applies in personal vehicles as well.

  34. Tweet, or is it twitt? by Anonymous Coward · · Score: 0

    In Rio de Janeiro, where checkpoints are now common, people just use Twitter.

  35. This is horsecrap by AngryDeuce · · Score: 1

    What about people that work late hours that tend to be driving home from work at bar time? Are they just presumed guilty until proven innocent?

    I have every right to use all available information to help me plan the most efficient trip home possible. As someone that hasn't even touched a drink in 3 years I find it insulting that I have to sit through a 20 minute checkpoint because a small percentage of drivers on the road at a particular time are scumbag drunk drivers.

  36. Android by DaMattster · · Score: 2

    This is why I am thankful for Android. You don't have to go to an "App Store" in order to install applications.

    1. Re:Android by lostfayth · · Score: 0

      Yet there is a similar restriction in the Android Market.

    2. Re:Android by idontgno · · Score: 1

      Which is why the point was made that you don't have to hold yourself in thrall to the official app store. Unless we're gonna start arguing that evading the official app store is like evading DUI checkpoints, and therefore clear evidence of criminal intent.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    3. Re:Android by lostfayth · · Score: 1

      You don't _have_ to with iOS devices either, jailbreak and install whatever you like. But, that is beside the point. Google et al should not get a free pass simply because their platform isn't yet as locked down - you still cannot get these apps from the 'official' sources, and that is going to stop people (at least some of them) from informing themselves.

      I said nothing about criminal intent, way to get needlessly defensive. In fact, if you take a look at the other posts I have made on this story I have said quite the opposite.

  37. legal != ethical by papasui · · Score: 0

    Just because something is legal doesn't mean it's ethical and vice versa. Apple tends to stick to what it thinks is the moral high road. Helping keep drunk drivers on the road certainly isn't something I'd expect Apple to align themselves with.

    1. Re:legal != ethical by gblackwo · · Score: 1

      When you make an ethical stance on one item- you have to make any ethical stance on all items. Because if you don't, it isn't a fair process and is no longer ethical. OTOH, if you only make decisions based on what is legal or illegal, then you are letting your clients make the ethical decisions for themselves- the way it should be.

    2. Re:legal != ethical by david_thornley · · Score: 1

      Not to mention that Apple's somewhat in a bind here, because of their walled garden approach.

      When asked to ban a certain class of apps, Apple has a choice: it can ban them from iOS or explicitly keep them. Since Apple runs the App Store, doing either is a political act with consequences to Apple's image. Anybody running a non-exclusive application store could just remove some apps from the store, allowing them to stay available.

      Usually, I'd ask if anybody wanted to write a web app, since Mobile Safari will do a whole lot of things App Store apps aren't allowed to, but in this particular case I rather agree with their decision.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    3. Re:legal != ethical by blueg3 · · Score: 1

      It's completely reasonable to act on one ethical problem and ignore another. That approach may offend *your* sense of ethics, but you're not Apple.

    4. Re:legal != ethical by Anonymous Coward · · Score: 0

      Perceotpion of helping keep drunk drivers on the road =/= ACTUALLY hHelping keep drunk drivers on the road though.

    5. Re:legal != ethical by jvkjvk · · Score: 1

      When you make an ethical stance on one item- you have to make any ethical stance on all items. Because if you don't, it isn't a fair process and is no longer ethical.

      Only by your code of ethics. See? Done.

      Unless you can prove that all ethical systems must, in order to be considered ethical systems, create stances on all "items" under that ethical system's consideration.

      I'm pretty sure that there are a lot of ethical systems which have failed to enumerate all possible "items" that fairly fall under their consideration. It seems that ethical systems are still enumerating these.

      So, perhaps it is just the case that there is no such thing as an ethical system, if your requirement has to be met.

      Regards.

    6. Re:legal != ethical by gblackwo · · Score: 1

      Maybe you are right. There probably is no perfect ethical system in place.

      Hypothetically, if this were a religion issue, or a race issue, or any issue with blatantly segmented groups- how can it be ethical to make a decision regarding one group, without having to make a similar decision for all groups?

      The example that comes to mind is back when there was an uproar about showing a cartoon Muhammad on the air and the possible repercussions. There was a southpark episode all about it. If you agree to censorship demands from one group, can you comfortably ignore the other groups? or do you continue to agree to further censorship demands because everyone can get away with it and demands it now?

      Maybe I am getting far from the original point- is freedom of speech and censorship an ethics issue?

    7. Re:legal != ethical by jvkjvk · · Score: 1

      Why cannot my ethical system rely on individual case by case basis as a primary component of the decision making process instead of a secondary one? Or at least ce-Equal with the Ethical Guidelines.

      What I mean is, why must an arbitrary (however well "thought out") set of Rules be hierarcically more important than the details of the Event? The Event is reality, the rules merely a behavioural map to navigate this.

      Most problems I see with "ethical systems" is that they try to shoehorn inappropriate Events into Systemitized Categories. This either ends up distorting or dropping the actual details involved, and this is a mistake.

      It just gets worse when you get your ethical Hammer and decide you must apply it to every situation a priori - that is without having an actual detailed situation that you have skin in.

      This is what I see by advocating that if an individual ethical decision is made one MUST rest on THIS framework, and therefore one is WRONG, because when applied to these OTHER cases it turns out to be a horrible idea.

      I hope that this makes my point clearer.

      Regards.

  38. Big Brother Steve knows what's best. by Beelzebud · · Score: 1

    They should do another 1984 commercial, but this time just go all out and embrace Big Brother.

  39. Lets ban everything! by Anonymous Coward · · Score: 0

    This one makes sense. Gotta keep people watching the local news somehow! I guess all the news stations in San Diego are part of this "illegal" activity! This is why I will NEVER own any crapple product!

  40. And you could always not drive a car by Anonymous Coward · · Score: 0

    And you could always not drive a car and thereby avoid the GM monopoly. Or not have a telephone and walk to talk to people and avoid the Ma Bell monopoly.

    But all of those ideas, like you, are really stupid.

    1. Re:And you could always not drive a car by treeves · · Score: 1

      Gee, I hadn't heard that the government banned all car companies other than GM. That's a bummer.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
  41. And most of you called AOL by Stan92057 · · Score: 1

    And most of you called AOL a walled garden. Apple is the supreme walled in garden.I'm not saying its a bad thing,it lets people who have different morals let the Vender's do there dirty work :}

    --
    Jack of all trades,master of none
    1. Re:And most of you called AOL by burris · · Score: 1

      Apple will meet the same fate as AOL who was once the biggest player in the ISP, email, and IM markets. In fact, it almost happened to Apple in the mid 90's and will happen again the next time Steve Jobs leaves the company. In fact, the only reason Apple is doing well with the strategy is because Steve Jobs is by far the greatest single contributor to the industry. It will take a while for them to fall but they hung on for over ten years the last time too.

  42. Closer to being required than being illegal by ukemike · · Score: 1

    From wikipedia, "...the California Supreme Court (Ingersoll v. Palmer (43 Cal.3d 1321 (1987)) wherein the Court set forth what it felt to be necessary standards in planning and administering a sobriety checkpoint"

    those standards include,

    "Advance publicity is necessary to reduce the intrusiveness of the checkpoint and increase its deterrent effect."

    The National Highway Traffic and Safety Administration also issued guidelines for sobriety checkpoints in response to a US Supreme Court decision that allowed such checkpoints. These guidelines also required advanced publicity of checkpoints to maximize the deterrent effect and to minimize traffic disruption.

    So it seems to me that in this time when few read the newspaper where this advanced publicity is usually buried on the page B29 that an app like this is nearly required instead of being illegal, at least in California.

    --
    -- QED
  43. No kidding. by sean.peters · · Score: 1

    Reason #437 to dislike the Apple App Store. Publishing data on police checkpoints is neither illegal nor immoral. This is publicly available information (police departments frequently publish it themselves). This is yet another arbitrary restriction on Apple's part.

    1. Re:No kidding. by Moridineas · · Score: 1

      Arbitrary? Perhaps, but far less than you realize, since you obviously didn't RTFA. Try to be more informed before making blanket statements.

      Checkpoint Apps that rely on publicly available police department released data are just fine. Crowdsourced (etc) apps are not.

      Whether it's immoral or not to provide a method for drunk drivers and normal drivers alike to avoid DUI checkpoints is another question. Personally, I wholeheartedly support DUI checkpoints and would approve of greater punishments for dangerous and erratic drivers.

    2. Re:No kidding. by The+Wild+Norseman · · Score: 3, Insightful

      Checkpoint Apps that rely on publicly available police department released data are just fine. Crowdsourced (etc) apps are not.

      Why is that?

      Whether it's immoral or not to provide a method for drunk drivers and normal drivers alike to avoid DUI checkpoints is another question.

      Morality has nothing to do with it; for these checkpoints to have passed Constitutional muster, it's required that the public be informed as to their location. So again, why does it matter how the public gets this information? It's not like most checkpoints are disclosed except for a few here and there that those wacky pranksters with their smart phones are spoiling the surprise!!!!!111lol

      Personally, I wholeheartedly support DUI checkpoints and would approve of greater punishments for dangerous and erratic drivers.

      Personally, I despise any and all fishing expeditions performed by the police and I'm grateful that these DUI checkpoints are required to be disclosed. After all, the police are ostensibly checking for DUIs, but make no mistake about it, any interaction like that with a police officer is a free interrogation for every crime they can pin on you.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    3. Re:No kidding. by Moridineas · · Score: 1

      Why is that?

      Obviously because a large public stink was raised. Politicians got involved as well as citizens. Apple's response is to ban a subset a DUI checkpoint tracking apps from the App Store. Could you really not figure that out or were you getting at something else?

      Morality has nothing to do with it; for these checkpoints to have passed Constitutional muster, it's required that the public be informed as to their location. So again, why does it matter how the public gets this information? It's not like most checkpoints are disclosed except for a few here and there that those wacky pranksters with their smart phones are spoiling the surprise!!!!!111lol

      Are you being accurate when you claim that checkpoint locations must be made public (presumably in advance)--and especially for constitutional reasons? That was not my understanding, but I could be wrong. Do you have a source?

      Just because something is legal or illegal doesn't make a thing automatically good or bad, moral or immoral. Just because something is moral doesn't make it legal, nor does immorality make something illegal. These questions are perpendicular to each other.

      Since you're grateful that (at least some) DUIs are publicly announced, out of curiosity, have you ever made us of that information before? ie, has it ever had the slightest impact on you or your decisions?

    4. Re:No kidding. by The+Wild+Norseman · · Score: 1

      Obviously because a large public stink was raised. Politicians got involved as well as citizens. Apple's response is to ban a subset a DUI checkpoint tracking apps from the App Store. Could you really not figure that out or were you getting at something else?

      Umm... I had no ulterior motive. As I said, it wasn't clear to me why you said that apps which essentially collate the data shouldn't be used.

      Are you being accurate when you claim that checkpoint locations must be made public (presumably in advance)--and especially for constitutional reasons? That was not my understanding, but I could be wrong. Do you have a source?

      Just because something is legal or illegal doesn't make a thing automatically good or bad, moral or immoral. Just because something is moral doesn't make it legal, nor does immorality make something illegal. These questions are perpendicular to each other.

      Here's a quote:

      Opinion: Why Are DUI Sobriety Checkpoints Constitutional?
      Attorney Lawrence Taylor explains the constitutionality of DUI roadblocks.

      Have you ever wondered how police can stop you at a DUI roadblock (aka "sobriety checkpoint")? Doesn't the Constitution require them to have "probable cause before stopping you"? Yes and no.

      The Constitution of the United States clearly says that police can't just stop someone and conduct an investigation unless there are "articulable facts" indicating possible criminal activity. So how can they do exactly that with drunk driving roadblocks? Good question. And it was raised in the case of Michigan v. Sitz, in which the Michigan Supreme Court striking down DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.

      Chief Justice Rehnquist began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a "seizure" within the language of the Fourth Amendment. In other words, yes, it appears to be a blatant violation of the Constitution. However, he continued, it's only a little one, and something has to be done about the "carnage" on the highways caused by drunk drivers. The "minimal intrusion on individual liberties," Rehnquist wrote, must be "weighed" against the need for -- and effectiveness of -- DUI roadblocks. In other words, the ends justify the means.

      The dissenting justices pointed out that the Constitution doesn't make exceptions: The sole question is whether the police had probable cause to stop the individual driver. As Justice Brennan wrote, "That stopping every car might make it easier to prevent drunken driving... is an insufficient justification for abandoning the requirement of individualized suspicion... The most disturbing aspect of the Court's decision today is that it appears to give no weight to the citizen's interest in freedom from suspicionless investigatory seizures."

      Rehnquist's justification for ignoring the Constitution rested on the assumption that DUI roadblocks were "necessary" and "effective." Are they? As Justice Stevens wrote in another dissenting opinion, the Michigan court had already reviewed the statistics on DUI sobriety checkpoints/roadblocks: "The findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals," he wrote, "indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative."

      The case was sent back to the Michigan Supreme Court to change its decision accordingly. But the Michigan Supreme Court sidestepped Rehnquist by holding that DUI checkpoints, though now permissible under the U.S. Constitution, were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant -- in effect saying to Rehnquist, "If you won't protect our citizens, we will." A small number of states have since followed Michigan's example.

      Mr. Taylor is an attorney wit

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    5. Re:No kidding. by Moridineas · · Score: 1

      Umm... I had no ulterior motive. As I said, it wasn't clear to me why you said that apps which essentially collate the data shouldn't be used.

      Ok, gotcha, though to be fair *I* didn't say that the apps shouldn't be used, I said that the OP's blanket statement about apps was incorrect with regards to what apps Apple was banning. Opinion-wise, I have an iPhone which means I've pretty much accepted that Apple's app store can ban whatever they want (though I do have jailbreak). I do have a problem with some apps being rejected, but I don't have a problem with these apps being rejected. If it was made actually illegal -- probably would have a problem with that.

      Thanks for the info about checkpoints. I didn't realize that standards were so varied either.

      FWIW, I've been stopped in a checkpoint twice in my life, and both times was there for all of 30-60 seconds. There were a lot of people pulled onto the side of the road looking inebriated though... I had no idea that some police departments publish their checkpoint locations in advance.

    6. Re:No kidding. by node+3 · · Score: 1

      Reason #437 to dislike the Apple App Store. Publishing data on police checkpoints is neither illegal nor immoral. This is publicly available information (police departments frequently publish it themselves). This is yet another arbitrary restriction on Apple's part.

      Apps that use published data are allowed.

      This isn't arbitrary, it's a voluntary choice Apple made at the request of lawmakers, and it can simply be summed up as Apple saying, "we don't want to help people drive drunk".

      It's funny, on the one hand, Apple is supposed to be this evil, money-seeking monster, and when they voluntarily give up revenue from a category of apps with no monetary gain to be had for doing so, they are evil for that, regardless of their intentions.

      You don't have to agree with Appe, but it's difficult to argue their motivation here.

    7. Re:No kidding. by The+Wild+Norseman · · Score: 1

      Ok, gotcha, though to be fair *I* didn't say that the apps shouldn't be used, I said that the OP's blanket statement about apps was incorrect with regards to what apps Apple was banning.

      Heh. That's probably why it wasn't clear to me! :)

      Opinion-wise, I have an iPhone which means I've pretty much accepted that Apple's app store can ban whatever they want (though I do have jailbreak). I do have a problem with some apps being rejected, but I don't have a problem with these apps being rejected. If it was made actually illegal -- probably would have a problem with that.

      Understood and agreed (though I have an Android).

      Thanks for the info about checkpoints. I didn't realize that standards were so varied either.

      FWIW, I've been stopped in a checkpoint twice in my life, and both times was there for all of 30-60 seconds. There were a lot of people pulled onto the side of the road looking inebriated though... I had no idea that some police departments publish their checkpoint locations in advance.

      And thank you for a good discussion!

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
  44. The question isn't whether Apple is within the law by sean.peters · · Score: 1

    Clearly (at least to me) they are. The question is whether screwing over your customers because The Man asked you to is the right thing to do. Clearly, it's not.

  45. Illegal my butt by Anonymous Coward · · Score: 0

    Illegal Apps? That's funny, because most cities publish the date and times of these checkpoints. So how the hell is putting publicly available info into an CrApple App illegal? Pure idiocy

  46. Thanks for selling Android, Apple by blair1q · · Score: 2

    The 4th Amendment will be preserved, even without the iCult's help.

  47. Every time I read an Apple story by scottbomb · · Score: 1

    It makes my glad to be a Blackberry owner. I can get my apps from whomever I want. RIM knows I'm a big boy who's able to make his own decisions. Hell, I can even write my own and I don't need anyone's permission to install it. Freedom is awesome.

  48. Who are these police-state senators? by Anonymous Coward · · Score: 0

    "The letter was penned by U.S. Senators Harry Reid from Nevada, Charles E. Schumer from New York, Frank Lautenberg from New Jersey, and Tom Udall from New Mexico"

    Dear relevant constituents,
            Please vote for someone *else* next time.
    Sincerely,
            The First and the Fourth Amendment

    1. Re:Who are these police-state senators? by Anonymous Coward · · Score: 0

      Wait, those are all Democrats.

      I thought Democrats stood for freedom and Republicans were for police state fascist control?

      It seems UNPOSSIBLE, but can it really be that there is no fucking difference between the two parties, other than whether they want to spend tax money or borrowed money?

      I really hope the cunts who blag on and on all day about how the $OPPOSITE_PARTY are evil but the $PARTY_I_SUPPORT are gonna save us will shut the fuck up now, or at least find a new slogan to flog.

  49. So instead of an app on the app store.... by Anonymous Coward · · Score: 0

    They'll just created an iPhone optimized webapp.....then Apple couldn't reject it because they don't have to submit it.

  50. Nonsense, Apple knows best by elrous0 · · Score: 1

    Back in the day, I used to have to decide for myself what programs were appropriate for my devices and computers. Now Apple does it for me on my iPhone and iPad. And now with the launch of the Mac App Store, soon they'll tell me what's appropriate on my PC too. It's nice when someone gives you tough love. Soon I won't have to worry at all about malware anymore, or any other software that Apple thinks is inappropriate for me.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  51. No wonder you idiots had your empire collapse by jafiwam · · Score: 1

    With the blatant stupidity I have seen from our UK friends like this, it's amazing the Iroquois didn't kick your dumb asses all the way back across the Atlantic, not to mention the Hindus.

    What, the stiff upper lip keep the blood from getting to your brain?

    Your tiny little island, is unfortunately a big fan of censorship, eavesdropping, and other nanny-state BS so I know it might be hard to realize that some places, rights are held to be important aspects, even above some degree of safety sometimes.

  52. Blackberry did the same thing. by JumperCable · · Score: 1

    http://www.computerworld.com/s/article/9215010/RIM_bows_to_pressure_yanks_BlackBerry_DUI_checkpoint_app

    This appears to be the application in question:

    http://www.phantomalert.com/

    It does speed traps, dangerous curves, school zones, photo enforcement...

  53. Android, anyone? by Anonymous Coward · · Score: 0

    Where does this stop? Will they also ban "venues" from Four Square created for speed traps?

  54. BULLSHIT by fuzznutz · · Score: 2

    Bullshit. I have been subjected to one of these DUI checkpoints. The police stop every nth car whether or not alcohol is smelled or suspected. I happened to be the lucky number n car. They required me to remove my glasses and submit to a field sobriety test. In Ohio, there is no publication of checkpoints, so in order to get around the 4th amendment, they test "randomly". i.e. every nth car. That is, unless they happen to smell or see alcohol. Then you are busted anyway.

    There is absolutely no "justifiable" or "probable" cause whatsoever. I was simply collateral damage so they can visually inspect each and every motorist on a specific stretch of highway. Of course, I could have refused to submit to the test and automatically lost my license for 6 months. This is another of Ohio's wonderful laws.

    As a non-drinker, this bullshit infuriates me. I have to prove innocence during a non-justified traffic stop.

    1. Re:BULLSHIT by batkiwi · · Score: 1

      It is bullshit if you have to do a field sobriety test. Here in Australia they simply use RBT units. It takes 30 seconds, you sit in your car, and the police doing them are polite.

      A positive blow is probable cause to detain you. They typically wait 10-15 minutes (yes, you're now out time...) and then let you blow again, in case there was any mouth alcohol. If you pass this one, you go. If you don't pass, you go down to the station for a blood test. That blood test is what's used in the court.

      So it's not that inconvenient, has multiple "outs," and the final result is almost an hour later all said and done.

  55. Apple by LoganDzwon · · Score: 1

    So, US senators asked Apple to ban apps that report DUI checkpoints. In response Apple changes rules to say that apps can not report DUI checkpoints which are not published, although legally all checkpoints must be published or they are illegal. I read this as Apple pointing out the hypocrisy of the fed government's request.

  56. tudy after study after study by Anonymous Coward · · Score: 0

    I'm curious about these studies you don't cite. Most of what I have heard is that there is a fairly direct correlation between speed and accident rates.

  57. Confusing legalities by Anonymous Coward · · Score: 0

    So wait, they ban apps that warn of illegal checkpoints?

  58. Nth Ammendment rights mean squat when dead by aristotle-dude · · Score: 1

    If you die from either driving drunk or being hit by a drunk driver, none of those damn "rights" are of worth to anyone. You libertarians/anarchists think that "freedom" is equal to a lack of laws but the truth is that anarchy is the opposite of freedom. Why? Because anarchy swiftly degenerates into fiefdoms run by warlords and that means that they only people who feel "free" are the warlords. If you are in constant fear then you are too paralyzed to ever exercise your freedoms that you might think you still have. Freedom is never "free". It must be bought with blood and maintained with some sense of order for the common good. Absolute "freedom" via anarchy is a myth.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:Nth Ammendment rights mean squat when dead by Anonymous Coward · · Score: 0

      you really are the dumbest person ever. suspicionless searches are "anarchy"? get the fuck out of the USA. maybe north korea would fit better with your mentality.

    2. Re:Nth Ammendment rights mean squat when dead by aristotle-dude · · Score: 1

      you really are the dumbest person ever. suspicionless searches are "anarchy"? get the fuck out of the USA. maybe north korea would fit better with your mentality.

      I'm not in the US but thanks for making me feel welcome. Perhaps you would be more comfortable in Somalia. They have so much freedom there as long as you are the warlord with the biggest army.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  59. DUI points by Anonymous Coward · · Score: 0

    In New Jersey, it is mandatory to publish the location of DUI checkpoints 72 or 48 hours in advance... and they (PD) do just that.

  60. 1984 won't be like 1984, thanks apple by jweller13 · · Score: 1

    I'm glad Apple freed us from corporate shackles. http://www.youtube.com/watch?v=OYecfV3ubP8

  61. drinkypoo why did you run from an easy question? by Anonymous Coward · · Score: 0
  62. Apple by Anonymous Coward · · Score: 0

    Is afraid of the police state too.

  63. Invisible D's by zioncat · · Score: 1
    As far as I can tell, only thing Apple did was to change the guideline to disallow "Apps which contain DUI checkpoints that are not published by law enforcement agencies" but no actual app has been banned. Considering all checkpoints has to be published publicly, this seem more like a rebuke of senators idiotic demand. So why are slashdot crowds directing their anger toward Apple and not to those stupid senators?

    U.S. Senators Harry Reid (D-Nev.), Charles E. Schumer (D-N.Y.), Frank Lautenberg (D-N.J.), and Tom Udall (D-N.M.) are named as senders in the letter

    Oh, of course.