Criminal Defense in Orange County

Fighting Charges from DUI Roadblocks

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 free consultation.

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