DUI Checkpoints Highly Defendable

According to DUI Attorney William Moore, DUI Checkpoints are widely used by law enforcement around the country today. Currently the law is clear on the use of such tactics by law enforcement. The United States Supreme Court has acknowledged that the stopping of traffic and individual motorists does pose an intrusive burden on citizens and consequently law enforcement must adhere to a strict set of guidelines when conducting the checkpoints.

Florida adopts controversial DUI Checkpoint law. Learn more about Defending DUI in Broward County.

 

DUI Checkpoints Argued to Violate the United States Constitution According to Fort Lauderdale DUI Attorney William Moore.

Failure to adhere to the guidelines as laid out by the United States Supreme Court and state case law will render any evidence following a stop at one of these sites inadmissible, resulting in a dismissal of the DUI charge by the prosecuting attorney. Specifically, checkpoints have been found to be constitutionally permissible even though there is a significant degree of intrusion upon individual motorists due to the fact that their implementation is said to advance the State's interest; that interest being to stop impaired motorists and remove them from streets and highways.

Attorneys and law enforcement officers alike arguing for the State throughout the implementation of this case law disagreed that the State's interest was specifically designed to stop drunk driving. Consequently the lawfulness of checkpoints has been upheld. Recently however, prosecuting attorneys and law enforcement alike have bragged publicly that checkpoints yield an astronomical amount of revenue from traffic infractions discovered after stopping automobiles at DUI sites. Most often an automobile checkpoint yields approximately four DUI arrests and even less DUI convictions, while the number of traffic infractions almost always exceeds that by 100 percent. Guidelines that law enforcement must follow include providing a written set of actions outlining the procedures of the roadblock, a specific method of selection of vehicles, proper lighting and notification requirements on the roadway so as not to startle motorists, and insurance that intrusion on the motorists is kept to a minimum. Failure to adhere to any of these requirements results in evidence being excluded.

 

 

The DUI attorneys at The William Moore Law Firm has years of experience in representing individuals arrested for driving under the influence in Fort Lauderdale. Charges for a DUI are considered Criminal Charges under the Florida Law. It is important to know your rights and seek out legal representation if arrested for this offense. Contact the DUI Attorneys at William Moore Criminal Defense for answers to any questions that you may have.