Dui Roadblock and Checkpoint
State law enforcement often catches a driver under the influence through the use of roadblocks or checkpoints. If you are arrested at a roadblock or check point you need to contact Musca Law to speak with a Gainesville DUI attorney right away.
While a roadblock might seem annoying and unfair, Gainesville DUI defense experts know how to use that that roadblock and check point to your advantage. Roadblocks are suspiciously close to violating your 4th Amendment rights and we will use every means at our disposal to get those test dismissed as such.
Forcing the Release of Information
While the State of Florida may continue to put up more roadblocks, they have to be able to prove that it was reasonable in doing so. Gainesville DUI attorneys have avenues that require the state to reveal the reasons for the roadblock, a list of the officers present, and how they conducted themselves while performing their duties.
The United States Constitution and the court systems have developed guidelines that are very specific as to why, when and where state officers and police departments can set up roadblocks. They must show that the check point did not violate driver’s constitutional rights and that the reasons for the roadblock were viable as a means of crime prevention. An inexperienced county prosecutor will have difficulty providing enough qualifying reasons for a roadblock.
Procedures Used At the Checkpoint
In order for a roadblock to be legally viable law enforcement officers must ensure the safety of drivers. There must be proper lighting and it must be fairly conducted with an affirmation plan as to who they will stop and how long they will conduct the checkpoint and other requirements that do not allow them to deviate from approved guidelines.
Gainesville DUI lawyers are skilled at planning a strategic defense which will scrutinize every aspect of a roadblock or checkpoint. If it isn’t conducted properly the evidence will be suppressed making it possible to have all the evidence thrown out. If you have been arrested during a roadblock check, contact Musca Law immediately so we can protect your rights.
If you are arrested at a roadblock or check point you need to contact Musca Law to speak with a Gainesville DUI attorney right away. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.