South Dakota

South Dakota Supremes rule that avoiding DUI checkpoint not sufficient cause to pull over a vehicle May 14, 2012

Pierre, South Dakota: The South Dakota Supreme Court recently ruled that, while a driver's attempt to avoid a DUI checkpoint by taking an alternative route is not sufficient cause for the police to pull that driver over, other factors can lead to sufficient cause. The case revolves around Ryan Rademaker who pulled off a highway onto a gravel road within sight of a state police DUI checkpoint. Local police were ordered to pursue Rademaker. In court, the local police testified that Rademaker was not violating traffic law, but that he did make a wide right turn and "might have been speeding". While the Supreme Court held that avoiding the checkpoint alone was not sufficient, the time of day (1 a.m.) and the driving pattern including the wide right turn were sufficient to pull the driver over. Thus, they upheld Rademaker's DUI conviction.^[1]

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