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Prohibited Checkpoint Actions

When the police set up sobriety checkpoints, they are not allowed to violate a driver’s right to search and seizure protections. However, police sometimes will overstep their legal bounds, arresting a person due to illegally-obtained evidence. In these cases, a person may fight for their freedom in their criminal trial.

If you have been arrested on DWI allegations, contact Raleigh DWI checkpoint attorney Jim Black by calling 919-600-4609 today. You have the right to defend yourself in court, and you should be prepared before facing your trial.

Police Can’t Single Out Certain Drivers

As lines of cars go through a checkpoint, it’s against the Constitution for a police officer to arbitrarily pick out one vehicle over another. According to the law, sobriety checkpoints need to be run with a formula in mind that ensures fairness. This means checking every certain number of cars or checking everyone.

Police Can’t Overburden Traffic with Checkpoints

It would be both unreasonable and unpractical to set up a checkpoint on a multi-lane highway that provides vital access around a city. When police set up sobriety checkpoints, they can stop traffic on a highway. However, if the checkpoint burdens the area’s traffic in a dramatic way, the police may be violating the rules of checkpoints.

Police Can’t Surprise Motorists with Checkpoints

One of the most important parts of the law regarding checkpoints is that a driver must have forewarning about the event. This means that the police need to go to the reasonable lengths of posting warnings and signs about the checkpoint before the actual roadblocks. Additionally, the police should make press releases and other public warnings about a checkpoint before the event.

Contact Us

If you have been arrested at a sobriety checkpoint, you are entitled to a fair criminal trial to determine your guilt or innocence. For more information regarding your legal options as a defendant facing these tough charges, contact Raleigh DWI checkpoint lawyer Jim Black today at 919-600-4609.

Testimonials

"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."
-J.M.

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891

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