DUI charges come with harsh penalties, including jail times, fines, and a license suspension. And most importantly— it leaves you with a criminal record, which could affect you for the rest of your life. Because the stakes are so high, you should immediately consult an experienced DUI lawyer. It is imperative that you know your...
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Many times, police are alerted of possible impaired driving through an Anonymous Tip. Essentially, a caller gives police a tip that something illegal is happening, or someone is doing something that might bring harm to others around them. Importantly, callers don’t have to give their name, hence the name Anonymous Tip. When officer pull someone...
Michigan State Police vs. Sitz case established the Balancing Test for DUI Roadblocks. In that case the Supreme Court applied a balancing test developed when considering the legality of DUI roadblocks. That balance is of three factors: Public concern served by the seizures; How much the seizure advances that public interest; and How severe the...
Perhaps the most crucial element of a DUI roadblock, when questioning its legality, is police discretion. Discretion refers to the freedom given to the police officers that are actually running the roadblock. For example: pulling over cars, interacting with drivers and, if they feel necessary, making arrests. It is an abuse of that discretion that leads...
A main factor in DUI roadblock cases is the roadblock location. Because the roadblock represents a stop and seizure, and a considerable invasion of your everyday life, there should be a good reasons behind the surrounding questions; who, what, when, where and why. These questions will weigh in on the balance of interests laid out...
DUI roadblocks, or sobriety checkpoints, are being used all over the country. The increase in roadblocks throughout the states no doubt follows the United States Supreme Court ruling, in a Michigan State Police vs. Sitz case, which decided that DUI roadblocks were constitutional. However, as with many DUI-related issues, how legal a roadblock is depends...
DUI roadblocks have been in operation for decades now. While the United States Supreme Court has found sobriety checkpoints to be constitutional (under certain conditions), many states have additional laws that more tightly regulate how roadblocks can be used, or in some cases outlaw them completely. When a DUI roadblock case goes to court, as...