More details to this question:
I was drivin through a DUI checkpoint and got reconized by an officer that I had gotten a couple of run ins with during the past. It was the same guy who arrested me one night during a bar fight but I never got charged for that fight because it wasnt my fault and was dropped. When he saw me pulling through the DUI stop he snapped his fingers at the other cop n was kind of moving his head to tell the other cop to check me. I dont really drive a nice car and I guess I dont really dress all fancy either so part of me feels like i was being descriminated against. They halted the whole stop and caused a scene to check my car and I blew a .09 and I got arrested. Was this an illegal stop because they recognized me and checked me just cause of my past? It was not a random check.
7 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Alcohol checkpoints in MA are subject to very strict rules about who they can pull over and how the cars to be pulled over are selected. It sounds like they did not follow their procedure since the stops are supposed to be random, based upon a system of numbers or some other non-discriminatory manner. Since they singled you out, they probably violated the requirement and you may be able to have to stop thrown out. You will need a lawyer and you really shouldn't waste time in hiring one. I practice mainly criminal defense and DUIs are a large part of my case load.
Answered on Jan 03rd, 2013 at 12:14 PM
Gary Moore
A checkpoint must be approved by the county prosecutor who sets rules for stopping vehicles. It might be that all cars are stopped or every fifth car is stopped. The prosecutor's conditions for the checkpoint are always set forth in writing.
Answered on Jan 03rd, 2013 at 4:55 AM
1 Award
DUI checkpoints are illegal in Texas in general
Answered on Jan 03rd, 2013 at 4:45 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Good sense says that you're right. But courts are reluctant to dismiss a case for lack of reasonable suspicion, which is the legal standard for a permissible stop. Your best bet is to find an experienced lawyer to evaluate all the facts and represent you.
Answered on Jan 02nd, 2013 at 2:16 PM
Possibly. You need to hire a DUI specialist to file a 1538.5 motion to challenge the stop. They clearly deviated from the "random" protocol that was set in place.
Answered on Dec 28th, 2012 at 4:27 PM
James Edward Smith
Yes, unless they set up the check point just for you.
Answered on Dec 28th, 2012 at 3:10 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If it was a check point, they would have checked you and smelled alcohol on your breath and then administered a test. Hire a lawyer to review the entire check point to see if it was legal.
Answered on Dec 28th, 2012 at 3:10 PM