Two out-of-state visitors have been arrested in Clayton County after being accused of fleeing a roadblock and leading police on a high speed chase.
According to authorities, the chase ended when the driver lost control of his vehicle and hit another car as well as a tractor-trailer. The two men are facing a litany of charges - a total number of 32.
As a Georgia DUI Lawyer, I am very familiar of what a person is facing when either he or she avoids a roadblock or is stopped and arrested at a roadblock. In today's post I will outline how roadblocks and DUI charges occur.
DUI Roadblocks in Georgia
In cases involving Georgia DUI roadblocks, there is generally no evidence of impaired driving - most of the evidence comes from the officer's observations of the driver's speech, breath, etc. as well as performance on field sobriety evaluations or any chemical testing conducted during the stop. All of these observations can be challenged if the requirements are not followed. Law enforcement is required to follow certain standards and precautions to ensure that roadblocks are set up in a constitutional and lawful manner.
The requirements are as follows:
- The roadblock must be setup for a legitimate purpose. That means it cannot be just for general law enforcement purposed. For example, it can be a safety check, or seat belt check, or as the result of prior car accidents in the area.
- The decision to implement the roadblock must be made by a police supervisor. Ordinary police officers cannot start their shift and simply decide to have their own roadblock. A supervisor must decide to have the roadblock and do it in a way meets the requirements of legitimacy listed above.
- Every vehicle must be stopped. They cannot selectively enforce the law or target any particular person, racial group, or sex.
- The roadblock must be well-identified and clearly marked. It must inform drivers where it is located and for what purpose.
- The officer that comes to your window must actually be trained in DUI Detection. The officer must be trained sufficiently to make the initial determination that the driver should be suspected of being DUI.
- The roadblock must not be randomly placed or a moving or roving roadblock.
- The roadblock cannot create an unreasonable burden on drivers and businesses.
If law enforcement does not follow the above-listed requirements, then the evidence in your DUI Roadblock case may be dismissed. This can lead to a complete dismissal of your DUI charge.
Call our offices today if you or a loved one has been arrested.
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