One of the most common tactics used by law enforcements to catch possibly
drunk drivers is a DUI roadblock or sobriety checkpoint. However, as any
criminal defense lawyer in Orange County will tell you, charges from stops
like those are on shaky legal ground. If the roadblock was the sole reason
you were stopped when you received your
DUI, those charges could be invalid.
At sobriety checkpoints, police officers will pull over every passing driver
and check for signs of intoxication due to alcohol or drug use. An experienced
attorney will ask the arresting officer if you made an observable traffic
violation. If your lawyer can get the officer to admit that there was
no other basis for stopping you, the prosecution's case is already damaged.
The key factor is whether or not the traffic stop was created for the sole
purpose of catching drivers for alcohol use. The seminal Supreme Court
case Indianapolis v. Edmond established that the constitutionality of
traffic checkpoint depends on the motives behind it. A traffic checkpoint
established for the sake of public safety is constitutional. A traffic
checkpoint established solely for the sake of catching drivers is unconstitutional.
If your attorney can determine, through cross examination or some other
means, that the only reason the checkpoint where you were arrested was
created is was to catch drivers, your DUI charges may be invalid. A good
lawyer is familiar with these nuances and will know how to use them to
your advantage. Don't be victim to DUI charges you don't deserve.
Call The Law Office of Barney B. Gibbs today for a