The Role of Roadblocks in Your DUI Case
“Hi, this is attorney Kevin Hayslett, and the question is: what are the role of roadblocks in your DUI case? Road blocks are where law enforcement officers set up an area to divert motorists randomly to be checked for outstanding warrants, other criminal violations, and whether or not they are driving under the influence of alcohol. Courts have ruled that road blocks are constitutionally legal if they meet certain criteria, your state may be different.
For a roadblock to be legal:
Prior to a roadblock being activated, there must be a set of guidelines indicating when the roadblock will take place, where the roadblock will take place, how many people will be present, and what is the goal of the roadblock.
Secondly, there is usually a requirement of a public notification for the roadblock. This means that law enforcement must publish either on the radio, TV, or newspaper that a roadblock will be at a particular date, time, or place prior to the existence of the roadblock.
Third, there must be certain road signs leading into the roadblock, notifying motorist that they are entering the roadblock.
Lastly, there must be a certain number of motorists that are pulled over and not diverted in order for it to be constitutional. For example, the written guidelines may indicate that 1 out of every 3 or 1 out of every 5 is diverted to be checked if that is the case and it follows the written rules, then most of the time that roadblock will be valid for lawful stop.”
- Kevin Hayslett, P.A.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
Se Habla Español.
Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.