As New Year's Eve approaches, many an unfortunate driver may encounter law enforcement as the result of a sobriety checkpoint. Despite not exhibiting any signs of intoxication, orreckless and careless driving, the DUI roadblock can catch drivers after just a few drinks.
Don't rely on a smartphone's checkpoint app or scanning your local radio and news broadcasts. Contrary to popular belief, in Pennsylvania the case law does not require that the police place advance notice of any roadblocks in a local or regional publication.
Also, don't rely on merely avoiding the roadblock, either. Although the mere act of avoiding a DUI checkpoint is not enough to permit a traffic stop, the law does not require that drivers approaching a checkpoint be given an opportunity to avoid it.
That does not mean all is lost if you've been stopped at a sobriety checkpoint! There are constitutional requirements to every DUI checkpoint that an experienced attorney can challenge. These requirements include the following factors, as cited by the court in Commonwealth v. Tarbert:
- The roadblock should require only a momentary stop;
- The roadblock should be ascertainable from a reasonable distance;
- The time and place of the roadblock should be subject to prior administrative approval;
- The route selected for the roadblock should be likely to be traveled by intoxicated drivers; and
- Which vehicles are stopped is done by an objective standard and not at the pure discretion of the officers at the scene.
Successfully handling a case involving a DUI checkpoint requires an attorney who is not only experienced inDUI law, but is also familiar with the local area and customs in question as well. Attorney Frank Walker has been handling DUI cases for the residents of Allegheny County and the surrounding areas for years.
Don't let a DUI arrest be a roadblock to living a successful life! Call Attorney Frank Walker at 412-532-6805 and mount a serious defense. We'll take your call 24/7, 365. Call now!
Attorney Frank Walker of Frank Walker Law is a National Top 100
Criminal Defense Lawyer and
Personal Injury Attorney with offices in
Pittsburgh Pennsylvania and
Morgantown West Virginia. Attorney Walker is also a member of the
National College for DUI Defense and qualified as a
Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.