Blog

OHIO MAN ISSUED CITATION FOR WARNING DRIVERS ABOUT DUI CHECKPOINT IS THIS A VIOLATION OF FIRST AMENDMENT

Posted by Richard Lawson | Jun 23, 2014 | 0 Comments

Police officers in suburban Ohio cited a man for warning motorists with a sign reading: "Check point ahead! Turn now!"

The Cleveland man, Douglas Odolecki, 43, insists that the police officers violated his First Amendment right to free speech by issuing him a citation for alerting upcoming drivers to the checkpoint ahead.

A spokesperson for the police force said that the officers issued the citation after Odelecki refused to take down the portion of the sign that said: “Turn now!” The officers insist that they consulted with attorneys before issuing the citation to ensure that no laws were violated, however, under Ohio law it appears that Odolecki's sign violated no law.

According to Odolecki's attorney, Ohio police must alert the public before setting up a DUI checkpoint, and furthermore, drivers are permitted to drive around DUI checkpoints. This would mean that Odolecki did nothing wrong by holding up his warning sign.

For this reason, Odolecki plans to fight the citation, and it would not be the first time he has done so. It is also not the first time he has used the sign or gotten into trouble for it. Odolecki asserts that he'll go "anywhere I'm called, anywhere I'm needed, anywhere I see injustice happening."

In Georgia, both the Federal and Georgia Constitutions govern roadside checkpoints, and all checkpoints must meet strict standards. If these standards are not met, your Georgia DUI attorney will have a strong case in suppressing that evidence, which would make it inadmissible against you in court.

Regardless of whether these standards are met, you and your Atlanta DUI Lawyer must take steps to protect your ability to drive in Georgia. To do so, your Atlanta DUI Attorney must file an appeal of your automatic license suspension.

If you have been stopped and arrested as a result of a roadblock, protect your rights and your ability to drive in Georgia by contacting our office today!

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

Menu