- June 17, 2013
- DUI
Roadblocks set up on busy streets are a common sight on some nights, and it is widely assumed that the purpose of such roadblocks is specifically to catch intoxicated drivers. But a skilled Graham DUI attorney knows that if the primary purpose of a checkpoint is to catch and arrest drunk drivers, it may be possible to have evidence from the roadblock suppressed. An experienced Graham DUI lawyer will tell you that that setting up such checkpoints with that specific purpose is unconstitutional.
To understand how your attorney might make this argument, here is some sample testimony of how a suppression hearing might proceed:
Lawyer: Officer, were you the one in charge at the DUI checkpoint that night?
Here, your Graham DUI attorney is trying to establish the purpose of the checkpoint, which is determined by personnel at the “programmatic level,” not with street officers.
Officer: Correct.
Lawyer: Did you set up the operation?
Officer: Yes, I did. I have developed and overseen several checkpoints over the last few years.
Here, your Graham DUI attorney has established that the officer works at the “programmatic level” required to make this defense.
Lawyer: Did you make the decisions as to the time of day and location?
Officer: I did.
Lawyer: This checkpoint was located on 41st Street?
Officer: Yes.
Lawyer: This checkpoint began at 9:00 at night?
Officer: Correct.
Here, your Graham DUI lawyer is asking several easy questions to try to make the witness feel comfortable and confident, which might make the witness more prone to volunteering answers that go beyond the initial question.
Lawyer: How many people did your department arrest at that checkpoint?
Officer: Six, it was a good night. We arrested many people including your client, who was visibly impaired.
Your Graham DUI attorney knows that the witness is in a talkative mood now and might be more likely to give an unstudied answer to the key question.
Lawyer: Would you say the main idea of the checkpoint was to arrest and prosecute people for drunk driving?
Officer: Yes, that’s exactly what it was.
This answer reveals that the reason for the checkpoint was impressible under the law, and your Graham DUI lawyer will know how to make that argument to the court next.
It is important to examine all legal options for DUI defense. For legal help defending your DUI arrest, contact a Graham DUI attorney at Greene & Lloyd PLLC. Call (253) 770-0808.