Fighting the DUI Checkpoint or Roadblock Case
Tampa DUI Roadblock or Checkpoint Attorney
Want to know the good news about being arrested in a DUI roadblock or checkpoint? Sobriety and driver's license checkpoints are the most heavy scrutinized types of stops under the Fourth Amendment of the United States Constitution. Your DUI Attorney in Tampa can require the prosecutor to provide information not just about whether the stop of your vehicle was reasonable, but about whether the stop of every vehicle in the roadblock was reasonable.
Roadblock Information the Prosecutor Must Disclose
Your attorney can force the prosecutor to turn over information about every officer that participated in the roadblock, the checkpoint guidelines that must be established before the stop, and the supervisor that set up all of the predetermined procedures to be used in that particular Hillsborough County roadblock.
Specific Written Guidelines for the DUI Roadblock Must be Developed to Limit Police Discretion
The roadblock must be developed and operated in accordance with specific written guidelines which spell out the manner in which vehicles will be selected, the procedures to be used for any additional detention of the vehicle, and the manner in which vehicles will be disposed so that the officers in the field have little discretion in "making up the rules" as they go along.
The Procedures Used During the Roadblock Must Protect the Driver's Safety
The roadblock or checkpoint must protect the safety of the drivers through adequate lighting, warning signals, and officers that can easily be identified as law enforcement officers. The DUI roadblock must be utilized in a way that minimizes intrusion and the length of the detention. Finally, the roadblock must be "significantly more effective" in fighting crime than less intrusive more traditional law enforcement methods.
Filing the Motion to Suppress the Hillsborough County Checkpoint Evidence
At a motion to suppress hearing to contest the constitutionality of the roadblock, your Tampa DUI Attorney can call all of the witnesses to testify, including the officer that performed the stop, the officer that made the arrest, the law enforcement supervisor that drafted the "Checkpoint Plan" and any other officers involved in the stop. Any deviation from the written guidelines or procedures may be grounds to show the DUI roadblock was unconstitutional.
If the roadblock in Hillsborough County is deemed to be unconstitutional, then your attorney demand that the judge suppress all evidence against you including your identity, observations that you were driving, the results of any field sobriety exercises, any alleged refusal to submit to chemical testing, or the breath test results. Contact a Tampa DUI Attorney at the Sammis Law Firm to discuss the facts of your case involving a DUI checkpoint or roadblock stop.
Charges that Can Be Dismissed in a Florida DUI Checkpoint Case
In the typical DUI checkpoint case the officer may undercover evidence of any of the following traffic infractions or criminal charges:
- Driving under the influence of alcohol or drugs;
- Possession of Marijuana or another controlled substance or drug;
- Driving while license suspended;
- Civil infractions such as a seat belt violations; or
- Possession of a firearm or weapon.
If the motion challenging the constitutionality of the DUI checkpoint or roadblock is successful, then all evidence in the case is usually suppressed or thrown out by the Court resulting in the charges against you being dismissed.
Florida Decisions on Motions to Suppress Evidence from a DUI Checkpoint
In Guy v. State, 993 So.2d 77 (Florida 2d DCA 2008), the Florida appellate courts ordered the trial judge to suppress such evidence. In that case the driving was stopped during a DUI roadblock. The defendant in that case was arrested for the felony offense of driving while license suspended as a habitual traffic offender. The defendant was also on probation for Felony DUI, so the charges against him were quite serious. The Second District Court of Appeals reversed the defendant's convictions finding that the written "DUI Checkpoint Plan" was inadequate because it gave too much leeway to the officers in the field to make decisions about which vehicles to stop. The Florida Appellate Court also found that the officers involved in the checkpoint did not properly follow even those inadequate guidelines.
Florida DUI Checkpoint or Roadblock Cases in Hillsborough County
In Hillsborough Couny, Florida, a DUI Task Force has been created called "Operation 3D." This DUI task force is made up of law enforcement officers throughout the Hillsborough County including the Tampa Police Department, the Hillsborough County Sheriff's Office, the Florida Highway Patrol, the Plant City Police Department, and the University of South Florida (USF) Police Department.
The Hillsborough County DUI Task Force publishes in advance information on the dates and locations of predetermined checkpoint operations. Clink here to find out more about the DUI Task Force for Hillsborough County. For instance, the DUI Task Force, Operation 3D, plans to increase roadblocks through December 31, 2009, to discourage driving under the influence during the Christmas season. Click here to see a list of DUI checkpoints locations in Hillsborough County, including Tampa, Ybor City, Plant City, and Brandon, Florida.
Florida DUI Checkpoint and Roadblock Links
Remove Intoxicated Drivers (RID) - Oldest Anti-DWI national organization in the United States with chapters or coordinators in 41 states, including Florida. RID is a grass roots organization formed by Doris Aiken in 1978 in Schenectady, NY, after the deaths of Timothy and Karen Morris, 19 and 17 years old, the only Morris children, caused by an intoxicated 22 year old driver on Dec. 4, 1977.
Tampa DUI Violation of Probation
Read more about the conditions of probation that the court can imposes and the consequences of a violation of probation in Tampa, Hillsborough County, FL.