Damico & Stockstill, Attorneys at Law

Recent DUI checkpoint may have violated state law, according to local attorney

A recent DUI check point conducted by Baton Rouge Police at the end of August may have violated some state laws. The checkpoint, which took place on August 25, involved 1,782 motorists driving down 10th Street, down the street from the River Center where an LSU Tiger Tailgating rally and a rodeo were taking place. Forty individuals were arrested that night on suspicion of DUI.

But according to a local attorney, police failed to provide an exit for motorists once they passed through the sign indicating there is a road block ahead for four or five hundred feet, which is one of the checkpoint requirements.

According to West Baton Rouge Parish prosecutor Tony Clayton, District Attorneys have different approaches to DUI checkpoint restriction, but usually end up getting drunk drivers convicted. But because there are a variety of interpretations of the specific requirements laid out for DUI checkpoints, there may be enough room for those charged in the checkpoint to make a good defense case.

When it comes to DUI charges, defendants have a number of possible bases on which to challenge charges. One general category of defense is basically that police failed to follow proper procedures, whether for a stop, search, blood draw, or other aspects of the investigation.

It is important for anybody charged with DUI to not simply assume that police did everything correctly. Consulting an attorney will make the matter more clear and allow one to get all the options out on the table so that the best course of action can be taken.

Source: wafb.com, "Law may have been violated during DUI checkpoint," Jim Shannon, September 12, 2012

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