You are driving late at night and see a row of blue lights flashing just ahead of you in the road with all the traffic stopped. You think to yourself it's either a bad accident or a roadblock. Better get that license and insurance paperwork ready. You go through thinking all is in order when you are told by an officer to pull over and step out of the car. Next thing you know you are being arrested for DUI. It happens way too often, and could be happening illegally. Bray Law will evaluate the roadblock where you were stopped to make sure your rights are protected.
What are roadblocks and are they legal?
Sobriety checkpoints are legal in Georgia. Some call these "roadblocks" or just "checkpoints." These checkpoints are police traffic stops that are not tied to any specific or individual suspicions. The locations of these checkpoints are temporary and supposed to be random. During these checkpoints, drivers are briefly detained and interviewed. If a driver shows signs of impairment, they will be subject to sobriety tests.
How do they affect my DUI case?
Due to the nature of checkpoints, most of these cases do not show any evidence of impaired driving and rely solely on the officer's observations during field sobriety evaluations or testing. Therefore, the officer will not have observed any actual traffic offenses or other indications of "less safe" driving due to the intoxication or impairment.
How can they stop me if they didn't see me driving impaired?
But what about probable cause? The constitution requires a police officer to have probable cause for a traffic stop. But the U.S. Supreme Court has held the dangers from drunk driving outweigh the "degree of intrusion" of sobriety checkpoints and they are an exception to the search and seizure provisions of the U.S. Constitution. (Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)).
But they must conduct the roadblock correctly for it to be legal.
However, law enforcement is required to follow certain standards and precautions to ensure that roadblocks are conducted in a lawful and constitutional manner. Bray Law will look at your case and ensure that law enforcement is held to the standards the law requires for checkpoints.
In order for a checkpoint to be legal, and the arrest to be valid, it must:
- be setup for a legitimate purpose. It cannot be just for general law enforcement purposes.
- be planned ahead of time by a police supervisor.
- stop every vehicle.
- be well-identified and clearly marked. It must inform driver where it is located and for what purpose.
- involve a DUI Detection trained officer is they are detaining you on suspicions of DUI.
- not be randomly placed, moving, or roving.
- not create an unreasonable burden on drivers and businesses.
What if they didn't set up the roadblock the right way?
If the roadblock where you were stopped does not comply with these requirements, Bray Law can file a motion to suppress and any and all evidence in your case may not be used against you. This can lead to a reduction or dismissal of your DUI charges. At the hearing, both the officer that stopped you and the supervising officer must show up to testify. The supervisor must establish the legality of the roadblock and the officer must testify as to his training in DUI detection. Failure on the part of the state to prove these requirements can lead to a dismissal of your case.
So, I need an attorney? Why should I hire Bray Law?
In roadblock cases, it is important to hire an attorney. The roadblock adds another technical layer on your case that only an experienced attorney can handle. Was the roadblock conducted legally? If not, at the motions hearing, can the attorney properly argue that the roadblock was illegal and convince the trial judge? If you take the case to trial, can the attorney argue to a jury that you were not a less safe driver because there is no evidence of less safe driving due to the roadblock? Bridgett Bray has the experience to analyze your case, and if appropriate, file motions and argue your case to the judge. If it comes to a trial, Bridgett Bray is the experienced attorney you need to argue your case to a jury. Don't delay, contact us today for your Free Consultation.