Damico & Stockstill, Attorneys at Law

DUI checkpoints in Louisiana lead to questions

Being charged with a DUI can result in many serious outcomes, some of which can cost you money and time with your loved ones. If you're facing a DUI charge, forming a proper defense is probably on your mind. That's why this recent information about Louisiana may interest those in Baton Rouge and the surrounding areas. According to reports, the DWI checkpoints police have set up are being questioned; and the police are being challenged over their habits and methods.

According to recent reports, the checkpoints set up around Louisiana are the center of a discussion and are being challenged by those who receive DWI charges while passing through. In one case, for instance, it was believed that a police officer was doing the duty of two officers, and this would be a violation of the methods that are required at these checkpoints. In many instances, there are a series of checks and balances in place, so a person won't be charged unnecessarily. In this case, if proved unconstitutional by the court, it would make many of the checkpoints performed unconstitutional as well, which would potentially cause a host of problems across the state.

Another point that one lawyer argued was the constitutionality of checkpoints. According to his statement, the police would have to determine who to stop at a checkpoint off site. If that doesn't happen, then the stop may not be legal. If that single thing is messed up, the whole arrest or charge could be thrown out in a court due to the method in which a person was stopped.

Knowing these simple laws and their ins and outs can help you form a better defense and know when you're being charged when you shouldn't be. If you're dealing with a DUI or DWI charge, it's wise to look into all aspects of the law.

The Advocate, "Inside Report: DWI checkpoints being challenged" Ben Wallace, Oct. 08, 2013

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