Does Your DUI Case Involve an Unconstitutional Roadblock?

Many of the DUIs written in Sacramento were given at DUI roadblocks. Such roadblocks are set up by the police to check drivers for signs of intoxications in areas where drunk driving frequently occurs. However, in order to be constitutional, these roadblocks must follow a strict procedure and must have a purpose beyond simply issuing tickets. If a Sacramento DUI defense attorney can prove that your DUI was issued at an unconstitutional roadblock, the charges against you will be thrown out.

The constitutionality of a DUI depends on two key factors: (1) the justification for your traffic stop at the roadblock and (2) the justification for the roadblock itself.

The first part of this determination is easy: your attorney must determine if the arresting officer is able to offer a justification for stopping your vehicle other than your mere presence at the roadblock site, e.g., equipment violations (which are observable problems with your car, license plate, or cargo). If there was another, legitimate reason for pulling you over, the constitutionality of the roadblock itself does not matter.

However, if the roadblock was indeed the sole justification behind pulling you over, your Sacramento DUI defense attorney may be able to have your charges thrown out by proving the roadblock to be unconstitutional. Roadblocks are unconstitutional when the sole reason behind their execution is to issue tickets. If your attorney can lead the police officer who ordered the roadblock to admit this, then your charges may be thrown out.

Only an experienced Sacramento DUI attorney will be familiar with these tactics. Call Param Pabla today for an initial consultation.