DUI Road Blocks in Cherokee County

Posted by Richard Lawson | Jun 29, 2010 | 0 Comments

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.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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