ILLEGAL DUI CHECKPOINTS IN FLORIDA
Criminal Defense Attorney in Punta Gorda
Were you arrested for driving under the influence of drugs or alcohol? Was your arrest the result of a DUI stop? It is important that you know you rights and know what the signs of an illegal DUI stop may be. While the state of Florida has determined that checkpoints are considered legal under their constitution, there are certain laws and regulations that must still be abided by for Charlotte County law enforcement to conduct the checkpoints. In order for a DUI checkpoint to be considered legal, there are a few rules that officers must follow.
- These laws and regulations include:
- The prospective checkpoint must have an operational plan submitted prior to conduction.
- If approved, the checkpoint must go completely according to the submitted operational plan.
- There must be a clear notification of when the checkpoint will happen, either advertised on the web, news or other media source.
- When the checkpoint is set-up, the intentions of the stop must be clear and the checkpoint must be marked with cones, signs, lights or officers directing traffic.
- Cars must be chosen at random to determine sobriety. It is illegal for an officer to discriminate against a person because of race, age, gender or ethnicity.
- All tests must be administered in a safe manner using professional police conduct and a law enforcement supervisor must be present at all times.
- Suspected intoxicated drivers will be placed under arrest, read their Miranda Rights and be asked to wait further instruction in a proper detainment area.
Failure to comply by one or all of these rules can actually help you in your case, but it should never get to the point where you have suffered wrongful because of a wrongful attorney. Contact a Punta Gorda criminal defense lawyer at our firm as soon as possible to ensure that your rights are protected and your freedoms aggressively defended.
Your Rights at a Stop
Just like any other traffic stop or criminal accusation, it is important that you are read your rights. At the time of detainment, you should have been read your Miranda Rights. These are constitutionally protect rights that as a human being, you are entitled to. Failure for a police officer to read or address these rights does not automatically dismiss your case, but could help you create a strong legal defense.
When you are arrested, you have the right to remain silent, because anything you say can and will be held against you in a court of law. You also have the right to an attorney. We highly suggest that you exercise both these rights and contact our firm as soon as possible.
Powerful DUI Defense in Punta Gorda: Leskovich Law Group, P.A.
Are you ready to retain the trusted legal representation of a dedicated attorney? By working with our firm, you may be able to have your DUI charges greatly reduced or dropped. If you have been arrested, now is the time to contact Leskovich Law Group, P.A. Our firm has successfully handled hundreds of cases and is well versed in Florida criminal law. As former prosecutors and public defenders, we stand ready to use our knowledge to guide you throughout your legal complications.
If you have questions or concerns regarding your situation and how working with a member of our team can benefit you, contact a Punta Gorda DUI lawyer today and schedule a free case evaluation as soon as possible.