DUI Roadblock and Checkpoint
A roadblock is one of more common ways to be stopped for driving under the influence (DUI) after a night of casual drinking out on the town with friends. A DUI roadblock and checkpoint in Sarasota may be inconvenient, especially if you are stopped for a DUI, but it can work to your advantage throughout your Sarasota DUI arrest defense. Expert testimony has shown that arrests through checkpoints and roadblocks are close to infringing on your 4th Amendment rights under the Constitution. As a result, they are one of the most scrutinized factors in a DUI charge. If you have been arrested for DUI, you need a strong and savvy Sarasota DUI attorney to defend your case. Musca Law can handle your case and give you the best chance for a positive outcome.
Sarasota Roadblock Explanation
The frequency of roadblock checkpoints in Florida has increased over the past few years. When these charges are questioned in court, however, the prosecutor must prove that having a roadblock was reasonable. Our Sarasota DUI lawyers can make them provide crucial information on which personnel were involved in the checkpoint, why it was established and how the officers behaved at the scene. The information must be provided in compliance with our request, and it will be scrutinized by our skilled Sarasota DUI defense attorneys to make sure it did not violate your 4th Amendment rights.
Florida law has specific regulations about where, when and why DUI checkpoints are placed. In particular, the law enforcement agency that set up the roadblock must explain why it did not violate your Constitutional rights and how it was effective for crime prevention. Inexperienced or unprepared prosecuting attorneys may have difficulty passing these legal tests.
Proper Procedures for DUI Roadblocks
Law enforcement officials are required to provide certain things to drivers at pre-planned checkpoints and roadblocks. These include safe road conditions and suitable lighting. There must be an established plan for how the checkpoint inspections will be conducted and which cars will be singled out and pulled over. Skilled Sarasota DUI attorneys can work within these guidelines to find a strong defense for your case. We can question the procedures and guidelines that were proposed, whether they were followed and whether you were unfairly detained. We may be able to have the checkpoint evidence thrown out entirely.
If you or a family member has been charged with a Sarasota DUI through a roadblock checkpoint, contact Musca Law today. Our team of Sarasota DUI attorneys will review your case and help you determine your options for defense.