DUI Road Blocks in Cherokee County

Posted By Richard Lawson on Jun 30, 2010 12:18pm PDT

The United States Supreme Court Decided in 1980 (Michigan v. Sitz) that roadside checkpoints were constitutional. However, that does not mean that the police can simply put up a roadblock wherever and whenever they want. There are certain Constitutional Requirements in order for a roadblock to be legal . These requirements include, but are not limited to:

1. Stopping every vehicle or vehicle at a set interval.

2. There must be a legitimate objective of the roadblock. So, it cannot be just for "general law enforcement purposes."

3. The sobriety checkpoint must be marked as such.

4. It cannot be a "rolling roadblock."

5. There must be reasonable suspicion to ask a driver to exit his vehicle. Otherwise, any delay must be negligible.

6. There must also supervisor that approves and supervises the checkpoint.

If you are stopped at a sobriety checkpoint, it is important to have your case evaluated by a Qualified DUI Lawyer.

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4060 Peachtree Road
Suite D #415
Atlanta, GA 30319

1827 Powers Ferry Rd., Bldg. 5
Marietta, GA 30339

261 West Crogan Street
Lawrenceville, GA 30045

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Roswell, GA 30076

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Dawsonville, GA 30534

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Dahlonega, GA 30533

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Address: 1827 Powers Ferry Rd., Bldg. 5 Marietta, GA 30339 Phone: (404) 913-7341

DUI Road Blocks in Cherokee County

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