PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

What Makes a DUI Checkpoint Illegal?

The U.S. Supreme Court has ruled that DUI sobriety checkpoints are constitutional, but that does not mean that every checkpoint is conducted legally.

2012-11-30
November 30, 2012 (Press-News.org) What makes a DUI checkpoint illegal?

The U.S. Supreme Court has ruled that DUI sobriety checkpoints are constitutional, despite challengers who claimed the stops violate the U.S. Constitution's prohibition against unreasonable searches and seizures. In what many attorneys refer to as the Fourth Amendment's "DUI exception," law enforcement agencies may set up checkpoints and stop vehicles to ensure the driver is not intoxicated, even without any specific reason to believe that a driver may be under the influence of alcohol. Still, there are limits on how DUI checkpoints may be conducted, and not every checkpoint is legal.

Constitutional limitations on DUI stops

Typically, police officers may conduct a traffic stop only when they have a reasonable suspicion that a driver has broken the law in some way, such as by driving while intoxicated or violating a traffic law. At a DUI checkpoint, however, drivers are stopped regardless of whether they are suspected of breaking the law.

In Michigan v. Sitz, a 1990 challenge to the constitutionality of DUI checkpoints, the U.S. Supreme Court held that the intrusion on drivers' individual rights at a DUI checkpoint is outweighed by the government's interest in saving lives by keeping drunk drivers off the road. However, the Court clarified that police must stop cars in a random sequence and cannot request a breath test from a driver unless they have a reasonable suspicion the driver is intoxicated.

Moreover, law enforcement agencies must submit specific plans for a DUI checkpoint for judicial approval to ensure it complies with legal standards. The checkpoint must also be publicized ahead of time, and road signs must tell drivers of the upcoming stop to give them an opportunity to turn around without consequence. In addition, police must declare in advance the method they will use when selecting which vehicles to stop -- for instance every other vehicle, every third vehicle, or any other sequence they may choose.

Illegal checkpoints may result in dismissed charges

If police do not adhere to the approved plan, arrests made as a result of the checkpoint may be invalidated and the criminal charges dismissed. A case involving a December 2011 checkpoint conducted by Pasco County Sheriff's deputies, Florida Highway Patrol Troopers and Tarpon Springs Police officers illustrates this principle well. In that case, law enforcement had obtained approval to stop every third vehicle for the standard DUI check. However, police video showed the officers stopping three or four cars at a time.

When the state attorney's office was told the checkpoint's operational plan was not followed, the prosecutor had 10 officers who worked the checkpoint sign affidavits attesting that things went as planned that night. Fortunately, a defense attorney for a driver arrested for DUI that night would not back down and called for his client's case to be dismissed because of the checkpoint violation. Eventually, the video footage was admitted to evidence and the officers acknowledged the error.

Ultimately, the charges resulting from the illegal checkpoint were dismissed. However, this case illustrates that law enforcement officers do make mistakes, sometimes with very serious potential consequences for those involved. This makes it even more crucial for people charged with DUI to have vigorous legal representation. If you or a loved one has been arrested for DUI, contact an experienced DUI defense attorney to discuss your situation and your options.

Article provided by Snure & Ponall, P.A.
Visit us at http://www.snureponall.com


ELSE PRESS RELEASES FROM THIS DATE:

Saving Lives with Florida's 911 Good Samaritan Act

2012-11-30
Saving lives with Florida's 911 Good Samaritan Act In September 2011, 18-year-old football player Joey Boylan died after ingesting a lethal combination of prescription drugs. Afraid to call the police for fear of punishment, six of his friends decided to carry the unconscious Boylan into the home where they were partying and try to revive him. Unsuccessful, they put him on a bed and went to sleep while Joey slowly died of a drug overdose. Nine hours after Joey initially collapsed, his friends called 911. Sadly, Joey Boylan's case is not unique. Many people have died ...

Supreme Court To Rule On Validity Of Warrantless Blood Alcohol Tests

2012-11-30
Supreme Court to rule on validity of warrantless blood alcohol tests When an officer suspects that you are driving drunk, can you be forced to undergo a blood test against your will? This is the legal issue that is currently before the United States Supreme Court. The decision, which could affect how DUI suspects are treated nationwide, will decide whether the Fourth Amendment protects against compulsory blood tests in such a situation. The case, Missouri v. McNeely, started when a Missouri highway patrol officer pulled over Tyler McNeely for speeding one night. During ...

An Overview of Prenuptial Agreements in Virginia

2012-11-30
An Overview of Prenuptial Agreements in Virginia A prenuptial agreement, or prenup, is a contract between spouses that governs what their property and financial rights will be with regard to one another in the event of divorce, death or any other potential circumstance agreed upon by the couple. Topics often covered in a prenuptial agreement include: -Real estate -Division of bank accounts -Rights to past and future pensions and retirement accounts -Spousal support -Inheritance rights -Responsibility for debts Who Needs a Prenuptial Agreement? Traditionally, ...

Work Zones Increase Risk of Accidents for Workers and Drivers

2012-11-30
Work Zones Increase Risk of Accidents for Workers and Drivers Drivers in Illinois are more than familiar with construction work zones and probably identify them more as an inconvenience than as area of increased traffic accident risk. But, every year in Illinois more than 7,000 motor vehicle crashes occur in work zones. Last year 24 people died in work zone traffic accidents. Of those deaths 21 were drivers and passengers of vehicles, one was a pedestrian in a work zone and two were construction workers. Therefore, being aware of roadside construction signs and slowing ...

Motorists: Exercise Caution When the Car Breaks Down

2012-11-30
Motorists: Exercise Caution When the Car Breaks Down Coming upon a stopped or stalled car within traffic is unexpected--and a possible catalyst for disaster. In a recent fatal accident near Zebulon, North Carolina a car that had run out of gas late at night was sitting partially in the traffic lane of the highway. A car ran into the stopped car, spun out of control, was struck by another vehicle causing it to burst into flames. The driver of that car died, and three other people were also injured in the accident. This tragedy is a sobering reminder that drivers need ...

Fatal Massachusetts DUI Accidents Illustrate Penalties For Drunk Driving

2012-11-30
Fatal Massachusetts DUI accidents illustrate penalties for drunk driving Two Massachusetts drunk driving accidents earlier this year show the potentially severe penalties awaiting those convicted of driving under the influence in the state. These penalties increase dramatically when a driver, passenger or pedestrian is injured or killed in an accident involving intoxication. A recent example involved Jay Franklin, of Upton, Massachusetts, who was driving in Westfield when he was involved in an accident while driving with three passengers. The crash occurred early on ...

Massachusetts Increasing Its Monitoring Of Prescription Painkillers

2012-11-30
Massachusetts increasing its monitoring of prescription painkillers Massachusetts' Online Prescription Monitoring Program collects prescribing and dispensing information for prescription medications that are subject to abuse, such as painkillers and stimulants. The idea behind reporting is to prevent the same person from obtaining controlled substances from multiple sources and to track doctors and pharmacies that have a tendency to "overprescribe" potentially abusive drugs. Essentially, the PMP program looks to reduce the number of "doctor shopping" ...

Unnecessary Medical Tests And Treatments Can Harm Patients

2012-11-30
Unnecessary medical tests and treatments can harm patients Have you ever called your doctor because of a small concern only to be sent through a barrage of testing before even being seen by the physician? Have you ever been told by your doctor that you received unnecessary treatments because of a false positive on a test? If so, you are like many Americans who have been subjected to overtreatment by their physicians. While, on the surface, receiving unnecessary tests may seem like erring on the side of safety, they can actually have harmful consequences for the patient. ...

Four Tips For A Better Co-parenting Relationship After Divorce

2012-11-30
Four tips for a better co-parenting relationship after divorce For couples with children, divorce does not end a relationship but instead changes its focus. Although they no longer relate to one another in the context of marriage, in order to provide the best possible care for their children, divorced parents must learn to forge a new relationship as co-parents. The following tips may help smooth the transition for divorcing parents and help them provide a stable, healthy environment for their children. Model mutual respect Particularly in the immediate aftermath ...

Nevada's Drug Courts Celebrate 20 Years Of Success

2012-11-30
Nevada's drug courts celebrate 20 years of success In the twenty years since its inception, the Nevada drug court program has become widely regarded as one of the state's most successful tools for helping to keep people out of prison. At a ceremony marking the anniversary of Nevada's drug courts, Nevada Supreme Court Chief Justice Michael Cherry said that no other court program "has had such a positive impact on the criminal justice system, the prison system and crime in general than Nevada's drug courts," the Las Vegas Review-Journal reported recently. The ...

LAST 30 PRESS RELEASES:

CMD-OPT model enables the discovery of a potent and selective RIPK2 inhibitor as preclinical candidate for the treatment of acute liver injury

Melatonin receptor 1a alleviates sleep fragmentation-aggravated testicular injury in T2DM by suppression of TAB1/TAK1 complex through FGFR1

Single-cell RNA sequencing reveals Shen-Bai-Jie-Du decoction retards colorectal tumorigenesis by regulating the TMEM131–TNF signaling pathway-mediated differentiation of immunosuppressive dendritic ce

Acta Pharmaceutica Sinica B Volume 15, Issue 7 Publishes

New research expands laser technology

Targeted radiation offers promise in patients with metastasized small cell lung cancer to the brain

A high clinically translatable strategy to anti-aging using hyaluronic acid and silk fibroin co-crosslinked hydrogels as dermal regenerative fillers

Mount Sinai researchers uncover differences in how males and females change their mind when reflecting on past mistakes

CTE and normal aging are difficult to distinguish, new study finds

Molecular arms race: How the genome defends itself against internal enemies

Tiny chip speeds up antibody mapping for faster vaccine design

KTU experts reveal why cultural heritage is important for community unity

More misfolded proteins than previously known may contribute to Alzheimer’s and dementia

“Too much going on”: Autistic adults overwhelmed by non-verbal social cues

What’s driving America’s deep freezes in a warming world?

A key role of brain protein in learning and memory is deciphered by scientists

Heart attacks don’t follow a Hollywood script

Erin M. Schuman wins 2026 Nakasone Award for discovery on neural synapse function and change during formation of memories

Global ocean analysis could replace costly in-situ sound speed profiles in seafloor positioning, study finds

Power in numbers: Small group professional coaching reduces rates of physician burnout by nearly 30%

Carbon capture, utilization, and storage: A comprehensive review of CCUS-EOR

New high-temperature stable dispersed particle gel for enhanced profile control in CCUS applications

State gun laws and firearm-related homicides and suicides

Use of tobacco and cannabis following state-level cannabis legalization

Long-term obesity and biological aging in young adults

Eindhoven University of Technology and JMIR Publications announce unlimited open access publishing agreement

Orphan nuclear receptors in metabolic dysfunction-associated steatotic liver disease development

A technological breakthrough for ultra-fast and greener AI

Pusan National University researchers identify key barriers hindering data-driven smart manufacturing adoption

Inking heterometallic nanosheets: A scalable breakthrough for coating, electronics, and electrocatalyst applications

[Press-News.org] What Makes a DUI Checkpoint Illegal?
The U.S. Supreme Court has ruled that DUI sobriety checkpoints are constitutional, but that does not mean that every checkpoint is conducted legally.