If you've been driving around the Tampa Bay area this holiday season, you're bound to notice the number of DUI checkpoints law enforcement officials have set up to catch potential impaired drivers.
If you're stopped and arrested in one of these DUI checkpoints, you'll need an experienced criminal trial lawyer who handles DUI offenses.
These checkpoints have come under more legal scrutiny the last few years especially concerning the manner in which officers conduct the stops and how they determine which vehicles to stop and check. The 4th Amendment protects your rights in these types of situations and an experienced DUI attorney may be able to file and litigate a Motion to Suppress if your civil rights were violated during the stop. A successful motion to suppress would essentially throw out all the evidence gathered against you during the stop. This would leave the prosecutor with nothing to present during trial. The second district court of appeals recently reaffirmed this view in Guy v. State, _ So.2d_, 2008 WL 4276326 (Fla. 2d 2008).
In Guy, the second district court of appeals sided with the defendant (Guy) who argued that law enforcement had inadequate DUI checkpoint guidelines and that the officers had to much discretion concerning who would be stopped.
The 4th Amendment to the United States Constitution provides a strong checks and balance to the law enforcement's ability to conduct unlawful searches and seizures. It's your duty to hire a good DUI lawyer who knows how to apply the 4th Amendment to your particular situation.
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