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DUI Roadblock or DUI CheckpointTampa DUI Roadblock Attorney
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If your DUI arrest occurred after you were stopped in a DUI roadblock or DUI checkpoint in Hillsborough County, Pinellas County, Pasco County, Polk County, Hernando County, Manatee County or one of the surrounding areas, contact an experienced Tampa DUI Attorney to discuss your roadblock or checkpoint case.
The most scrutinized types of stops under the Fourth Amendment involve roadblocks or checkpoints. An experienced Tampa DUI attorney can carefully review your case to see if a Motion to Suppress evidence should be filed and litigated. Any mistake by Florida law enforcement can lead to the court granting the motion to suppress all evidence gathered as a result of your DUI arrest which may result in all DUI charges against you being dropped or dismissed.
The fact that DUI checkpoint cases are "heavily scrutinized" under the Fourth Amendment also means these cases are time consuming and difficult for the prosecutor. Once your attorney files a motion to suppress, the prosecutor has the burden of showing that the checkpoint was constitutional. Often the prosecutor must disclose the "Checkpoint Plan," additional information about whether the roadblock was effective, testimony from any supervisor that made arraignments for the checkpoint, as well as any officers in the field that came in contact with the person arrested.
A motion to suppress can also be filed in Florida checkpoint or roadblock cases in which the driver was arrested for any of the following offenses:
- Driving on a suspended, revoked or expired driver's license;
- Drunk Driving or Driving Under the Influence of drugs or alcohol (DUI);
- Possession of drugs including marijuana;
- Possession of a concealed firearm or other weapon crimes;
- Traffic ticket citations for any variety of offenses including failure to wear a seatbelt.
If the motion to suppress is granted, than the court can order that the prosecution is not allowed to use the evidence at trial including the drugs, firearm, or even the identity of the driver which can result in the charges being dismissed. Winning the motion to suppress almost always means that all charges will be dismissed.
Recent Florida DUI Checkpoint Case Law Update
The second district court of appeals recently reaffirmed the strick roadblock requirements in Guy v. State, 993 So.2d 77 (Fla. 2d DCA 2008). In this case the Second Court of Appeals reversed the defendant’s convictions. The defendant in that case was stopped during a Florida DUI roadblock or DUI checkpoint. The driver was already on probation in Florida for Felony DUI, and he was driving with a suspended driver license as a Habitual Traffic Offender. The Florida man was charged with violation of probation and the new offense of felony driving while license suspended. After the trial court denied his motion to suppress, the Florida man entered a plea, but reserved his right to appeal his case to a higher court.
The Florida Second District Court of Appeals sided with the Florida man finding that inadequate written DUI checkpoint guidelines existed in the case because they gave too much discretion to field officers to determine which vehicles to stop. The Florida Appellate Court also found that even the flawed and inadequate guidelines were not closely followed by the law enforcement officers, resulting in the need to suppress all evidence that flowed from the illegal arrest under the Fourth Amendment of the United States Constitution.
Filing a Motion to Suppress in Your Florida DUI Checkpoint or DUI Roadblock Case
A Tampa DUI attorney experienced in representing roadblock or check point cases can compel the state to disclose the written checkpoint guidelines, all documents that support the guidelines, and cross-examine the various officers to determine the extent to which the guidelines were followed. The Tampa DUI attorney can then file and litigate the motion to suppress evidence gathered as a result of the Florida DUI roadblock or checkpoint.
If successful, the trial court can dismiss all charges against you that flowed from the illegal Florida DUI roadblock stop. Additionally, just the fact that a motion to suppress is filed cause the prosecutor to be more willing to negotiate a more favorable sentence to reduced charges.
If you were arrested for DUI in Tampa, St. Petersburg, or Clearwater after being stopped in a DUI roadblock, call today to speak with attorney experienced in handling DUI roadblock cases throughout the State of Florida. Don't enter a plea to DUI until your attorney has investigated all of the facts related to your particular case and a clear understanding of the law and facts surrounding your particular DUI roadblock case.
Arrested for a DUI Roadblock or DUI Checkpoint in Hillsborough County, Florida?
Law enforcement agencies in Hillsborough County, Florida make up a DUI task force called "Operation 3D." Operation 3D attectively investigates DUI cases using the Hillsborough County Sheriff's Office, Plant City Police Department, City of Tampa Police Department, University of South Florida (USF) Police Department, and the Florida Highway Patrol.
Operation 3D publishes information in advance the locations and times that it plans to conduct DUI Roadblocks or DUI checkpoints in Hillsborough County. Clink here to find out more about Operation 3D's efforts to prevent DUI in Hillsborough County, Florida. For instance, Operation 3D intends increase DUI checkpoints and DUI roadblocks through December 31, 2008, to discourage drunk driving during the holiday season. Click here to see a list of upcoming DUI roadblocks and DUI checkpoints in the Tampa Bay area of Hillsborough County, including Apollo Beach, Balm, Bearss Plaza, Brandon, Carrollwood, Dover, Durant, Gibsonton, Lithia, Lutz, Mango, Northdale, Odessa, Plant City, Riverview, Ruskin, Seffner, Sun City, Sun City Center, Sydney, Temple Terrace, Thonotosassa, Valrico, Wimanuma, and Ybor City.
Arrested for a DUI Roadblock or DUI Checkpoint in Pinellas County, Florida?
Read this informative article about recent DUI roadblock and checkpoint stops in Pinellas County, FL. Deputies with the Pinellas County operate a DUI checkpoint about every two months. Article follows recent DUI roadblock and checkpoint in Pinellas County that resulted in 17 arrests on 25 charges, including 10 arrests for drunk driving. Other charges included refusal to sto a breath test after a DUI arrest, two charges for driving while license suspended, and two charges for "no valid" driver licence. Additionally, officers also made an arrest for each of the following offenses: possession of cocaine, possession of oxycodone, possession of hydrocodone, carrying a concealed weapon, disorderly intoxication, and unauthorized possession of identification card. Deputies also impounded 11 vehicle and 33 traffic citations. Over the past twelve years, members ofRemove Intoxicated Drivers (RID) accompany the law enforcement officers of every agency in Pinellas County during every DUI checkpoint or roadblock.
Florida Roadblock or Checkpoint Cases
Similar DUI roadblock and DUI checkpoint programs exist throughout Florida, including in Pasco County, Polk County, Pinellas County, Manatee County and Sarasota County. Contact a Tampa DUI Lawyer about a DUI roadblock or checkpoint case in Tampa, Clearwater, Plant City, Bartow, Dade City, New Port Richey, or any of the surrounding areas in Florida. Contact the Sammis Law Firm by calling (813)-250-0500 for a free consultation to discuss your Florida DUI checkpoint defense today.
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