Atlanta, Ga. – Holidays are times for celebration, however, with celebration comes added law enforcement and increased police presence.
Charges for DUI in Georgia tend to increase over the holidays for two reasons. First, there are more police on the roadways, so more drivers are getting pulled over for minor traffic infractions. Second, there are more roadblocks set up in an attempt to catch drivers.
Today, as a Georgia DUI Lawyer, I will outline some basics regarding DUI Roadblocks in Georgia.
DUI Roadblocks in Georgia
In most states including Georgia, police officers running roadblocks are required to follow certain protocol. The decision to set up a roadblock must be made by supervisory personnel, rather than officers in the field.
There are procedures that have to be followed in order to operate the roadblock. The roadblock must have a legitimate purpose. All vehicles must be stopped. The delay to drivers must be minimal, and the roadblock must be identified as a police checkpoint.
Any prolonged detention of a vehicle must be based upon specific, articulable facts observed by the officer. If proper protocol was not followed in initiating and executing the roadblock, the entire stop is illegal.
Your case can be dismissed if the police do not handle the roadblock in a legally acceptable manner.
Practice Note
If you have been arrested in the state of Georgia for DUI, call a Georgia DUI Attorney now. We can help you today.
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