By Evan A. Watson
At Zeliff | Watson, we are already seeing cases from DUI roadblocks and DUI checkpoints in 2014. Forsyth County and the Georgia State Patrol actively setup road checks in order to check for DUI and other traffic and equipment violations. Fortunately, in 2013, some appellate decisions in Georgia’s higher courts can help motorists charged with DUI at a roadblock.
If you have been arrested for DUI at a Forsyth County roadblock, here are some important points to remember:
- Road blocks (check points) do not require the cops to have probable cause to stop you. Roadblocks are one of the few exceptions to the probable cause requirement, but because of this, they are subject to more scrutiny by the courts.
- While road blocks don’t require probable cause or any suspicion of wrongdoing, they do need to be well lit and identified as police checkpoints, need to cause you minimal delay, must have sufficiently trained screening officers, and must use a set methodology to determine which cars will be stopped.
- You may or may not be video taped throughout your encounter with cops at a roadblock. If you were, we will certainly get this footage in an effort to help your case.
- You are still subject to implied consent at road checks. So, if the cops arrested you for DUI and asked you to take a blood or breath test, you must do so, or be subject to Georgia’s implied consent refusal laws. **A refusal of tests can lead to a much tougher license suspension of 12 months without any permits for work or other necessities**
If you were arrested at a DUI checkpoint in Forsyth, Hall, or surrounding areas, call us today to discuss your case. Our lawyers will be putting together case files utilizing all of the information we collect about these road blocks in an effort to best defend our client’s cases. We can be reached directly at (770) 676-1340.
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