A DUI can have serious consequences relating to your driver’s license and your freedom. You might have to spend some time in jail, your license could be suspended, or you could be placed on probation. If you received a DUI because of a roadblock, there could be some ways to beat the charge in court or at least get the charge lowered.
The roadblock is often seen as something bad when the driver goes through it, but it can end up being a blessing in disguise. Most people receive the DUI because they have been drinking and come across the officers checking for a driver’s license or to see if there are people on the road who have been drinking or operating vehicles under the influence of drugs. One of the issues that many courts are facing is that if the roadblock was reasonable. This is something that the prosecution will have to prove. An attorney can ask the prosecution to provide evidence that the roadblock was necessary at the time. The conduct of the officers should also be included in the report.
There are guidelines in some states that officers must adhere to when they set up roadblocks. They must have legitimate reasons as to when and why they are setting up the block and where the block is placed. The blocks must prove to be constitutionally viable. Some of the reasons behind roadblocks are often difficult to prove in court, making it an easy case for the defense. When officers set up a roadblock, it must be in an area with good lighting and conditions that are safe. A plan must be in place of who they are going to stop and how they are going to conduct a search or questioning after the process has started. When you come to a roadblock, you do have the right to remain silent. Cooperate with the officers as anything that you say does have a chance of coming back at you in court. The best thing to do in a situation where you are being asked if you have had anything to drink is to remain silent.
This article was written by James Winters, a premier NYC Criminal Attorney.
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