DUI checkpoints can quickly transform from a simple stop to a life-changing event. While many people assume that a being charged with a DUI is the end of the road, there are options for a quality defense strategy. You have rights when you are charged with a DUI at a roadblock and you should seek out a criminal defense attorney who will help you navigate your rights. There are a number of aspects that people do not generally consider that could actually mean the difference between guilt and innocence.
What Can You Do?
If you are charged with a DUI at a roadblock, there are some things that you can request. For example, it is your right to know why the roadblock was set up in the first place. The police must provide a reasonable answer. The court requires that there is clear documentation about the chosen location, time, and why they considered it to be a good option to discourage crime in that specific area.
You may also examine the background of the officers who stopped you. It is critical to make sure that the officers used proper police procedure when conducting the stop. This is not about finding fault with the officer, but rather ensuring that the accused’s rights are protected throughout the entire process.
Specifics about Roadblocks
There are a number of points that should be examined about the roadblock itself. People may not understand that each roadblock has a very clear plan. It is essential that officers follow the plan of the roadblock as it was originally laid. Failure to do so could potentially cause problems with any prosecution for people who are charged with a DUI through the roadblock efforts.
Police officers not only must have a reason, but a strategy at the roadblocks. Things that should be included are:
- Safe stopping conditions
- Good lighting
- Affirmative plan for who they will stop
If any of the above is not followed, then this gives the defense an opportunity to question why the police deviated from the plan. Failure to provide an adequate explanation could lead to a dismissal of the case. Everything about the case will be evaluated included the officer’s history and experience.
Your Attitude Matters
Whenever you are stopped at roadblock, it is important for you to be respectful to officers. You can exercise your right to remain silent, but do provide your identification and other proper documentation. Remember, officers are trained to imply that you must answer their questions, but this is simply not true. Your attitude should always be calm and respectful, but you can always decline to answer any questions as they will be used against you in your prosecution.
If you are in West Palm Beach, Florida reach out to criminal defense attorney Scott Skier. His years of aggressive defense will ensure that you receive quality legal counsel. He will help you understand DUI law and your rights. Call him today for a free consultation.