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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.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie