Judge tosses more DUI evidence due to checkpoint
Bay News 9, Tuesday, January 27, 2009
A judge in Manatee County has recently suppressed evidence from DUI cases because proper DUI roadblock guidelines were not followed by the Manatee County Sheriff’s Office.
Evidence in the case showed that the DUI roadblock plan required the sheriff’s office to stop every 6th car but that on at least two occasions officers in the field decided to stop every 20th car when traffic began to backup.
DUI Roadblock (or Checkpoint) cases are the most heavily scrutinized cases under the Fourth Amendment of the United States Constitution.
If a motion to suppress is properly filed and litigated in a Florida DUI roadblock or checkpoint case, the court can exclude all evidence gathered as a result of the stop of the vehicle, including evidence of DUI, evidence of possession of a controlled substance, or evidence that the driver was driving on a suspended or revoked license.
If you were arrested after being stopped in a DUI checkpoint or roadblock in Hillsborough County, Pinellas County, Pasco County, Manatee County, or Polk County, contact a Tampa DUI Attorney to discuss possible defenses to a Florida DUI Roadblock case. Call 813-250-0500 for a free consultation to discuss your case today.
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