Atlanta DUI Lawyer
Not every Georgia roadblock you come in contact with may be legal or constitutional. As a former prosecutor, I have seen the State dismiss cases, because law enforcement didn’t follow proper procedures when conducting the roadblock. Do not give into temptation and plead guilty simply because you were stopped at a Georgia roadblock. The State has to prove their case and prove they followed the Constitution in setting up and conducting the roadblock.
The law states that roadblocks cannot be conducted without following a set of strict constitutional requirements. For a Georgia roadblock to be constitutional, it must meet the following requirements:
- The roadblock must be setup for a legitimate purpose. The roadblock can’t be set up to look for general crime. Rather, there must be a legitimate and legal purpose, such as safety and seat belt checks
- The decision to implement the roadblock was made by supervisory personnel rather than officers in the field. Police officers without any powers to supervise others cannot make the decision to conduct a roadblock. Also, the decision to conduct the roadblock must be made in advance or before they are out in the field. Therefore, officers can’t work out in the field and decide to start a roadblock on the spot.
- All vehicles were stopped as opposed to random vehicle stops. Law officers cannot select who they want to pull over. Instead, every vehicle must be stopped to avoid a claim of discrimination and bias
- The delay to the motorists were minimal. The roadblock can’t stop you for more than it’s necessary to see if you are obeying the laws of the road.
- The roadblock operation was well identified as a checkpoint. Drivers must be able to tell they are coming up on a roadblock and it should be manned with cones and officers in uniform.
- The screening officer’s training and experience is sufficient to qualify them to make an initial determination as to which motorists should be given tests for intoxication. The officers must have specialized DUI training that helps them determine which motorists are actually DUI and which motorists are sober.