With the new year approaching, drivers must be aware of the holiday DUI checkpoints. In order to be a lawful DUI checkpoint, the police must conduct the traffic stops pursuant to a written, predetermined plan. The DUI checkpoint plan must contain specific neutral criteria which limit the conduct of individual DUI officers on the scene to decrease chances of abuse in the field and selective enforcement. While law enforcement sees at as a tool, they can not abuse their policing powers. That is because under the U.S. and Florida Constitutions, drivers have the right to be free from unreasonable searches and seizures including their automobiles. If not, the DUI case could be dismissed.
Police officers and sheriff deputies are looking for drunk or impaired drivers at these DUI checkpoints. Traffic cops are also looking for any other traffic law violations. There have been many times where criminal courts have found these DUI roadblocks violate a driver's constitutional rights to privacy. These DUI checkpoints require proper lighting, sufficient warnings of the DUI checkpoint, whether the officers are clearly identified, and the degree of the intrusion on the motorist. Whether law enforcement officers and sheriffs have to publish notice to the public before a checkpoint is just one factor in whether it is a valid DUI checkpoint. So, do not always trust websites that list "all" the DUI roadblocks. Your best defense is to use a designated driver and not drink and drive.
If you have been arrested for DUI by a member of the Lakeland Police Department's DUI squad, a Polk County Sheriff Drug Recognition Expert, a Winter Haven police officer who no longer videotapes a suspected drunk/impaired driver doing roadside field sobriety exercises, a Lake Hamilton Police Department officer who now videotapes DUI arrests, or a Bartow police officer, you need an experienced DUI attorney who knows Florida's DUI laws. An aggressive DUI attorney that is not afraid to file motions to suppress on your behalf. If you have been stopped for a DUI, whether at a DUI checkpoint, driving down the road, parked in a parking lot, or after an accident, call a DUI lawyer now to see if you have a motion to suppress the stop that could result in your DUI charges being dismissed.
Call and talk Thomas Grajek, to an experienced DUI lawyer in Polk County today! Aggressive DUI attorney handling all DUI arrests in Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.
Remember, you have 10 days to file for a Formal Review to fight the administrative suspension for having a breath test result over the 0.08 legal limit or for refusing a breath test so call now.
PROTECT YOUR RIGHTS!!! CALL AN AGGRESSIVE DUI LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU
CALL THOMAS GRAJEK, POLK COUNTY DUI ATTORNEY NOW !!!
Handling all Polk County Sheriff DUI arrests, Lakeland DUI charges, and Winter Haven Police Department DUI arrests.