Our Georgia DUI lawyers know how to defend Georgia DUI cases based upon roadblock stops.
Our Georgia DUI lawyers regularly obtain outstanding results in Georgia DUI cases which are based upon roadblock stops. Many people assume that roadblock DUI cases are cannot be beaten. This could not be farther from the truth. There are numerous issues which can and should be fully investigated in a Georgia DUI case that is based upon a roadblock:
When evaluating the constitutionality of a roadblock, it is important to recognize that, unlike a traditional vehicle stop, “totality of the circumstances” is not the test by which it is to be evaluated. The requirements established by the United States Supreme Court and the Georgia appellate courts regarding what is required for a legal and constitutional roadblock are not mere guidelines but are minimum constitutional prerequisites.
In order to establish that a roadblock is constitutional, the State has the burden of establishing the following:
1. The decision to establish roadblock was made by supervisory personnel, rather than by officers in the field. Officers in the field are to be given minimal discretion, and the time, place, and purpose for the roadblock must be established by a supervisor.Georgia_Roadblock
2. The supervising officer must have a valid primary purpose for conducting the roadblock.
Seeking to uncover evidence of ordinary criminal wrongdoing is not a “valid purpose.”
The state has the burden of proving some admissible evidence, whether testimonial or written.
An officer’s testimony regarding his supervisor’s reasons for implementing a roadblock is hearsay, and therefore, inadmissible.
Permissible primary purpose are those which serve “special needs, beyond the normal needs of law enforcement.”
3. All vehicles must be stopped.
4.The delay to motorists must be minimal.
5. The roadblock must be identified as a police checkpoint.
6. The screening officer’s training and experience must be sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication.
Our Georgia DUI lawyers understand how to attack roadblock DUI cases. Before you decide that your Georgia DUI case cannot be beaten, contact our Georgia DUI lawyers . We defend (and frequently beat) Georgia DUI cases that other attorneys simply give up on. Contact us today for a free consultation so that we can discuss further how your DUI roadblock case can be beaten.