Thursday, December 11, 2014

Legality of DUI Checkpoints in Florida

If you have been charged for driving under the influence because of a DUI checkpoint, you should get the facts from a knowledgeable attorney. Often, these checkpoints are set up on holidays, such as Independence Day or New Year’s Eve, when many people are celebrating by drinking. Over the years, checkpoints on highways have caught thousands of Florida drivers in the act of intoxicated driving.
Despite controversy about whether these checkpoints violate the Fourth Amendment protection against unreasonable searches and seizures, the United States Supreme Court ruled in the 1990 case of Michigan Dept. of State Police v. Sitz that the method of sobriety checkpoints operated within the confines of the Constitution.
However, there still may be legal issues with being pulled over in a DUI checkpoint. If the officers lack any sort of “probable cause” for conducting a search of your motor vehicle, there may not be solid reason for pulling you over. If you were pulled over and you were not intoxicated, your rights may very well have been violated. Additionally, the Washington Post published a worrying report last month about police across America fraudulently using checkpoints to seize the property of drivers who ultimately were not charged with a crime, which is illegal.

Were you charged in a DUI checkpoint?

I am Jonathan Blecher, P.A., an experienced Miami DUI lawyer who has fought to protect the liberties of the criminally accused throughout the Miami area. In fact, I began my career as a prosecutor, so I have the experience to understand how the other side approaches a case. Being charged with a DUI is a very unusual and strange experience, and you may be facing uncertainty during this time, which is why I am here to help.
For all cases, I bring the following to the table:
  • More than 30 years of legal experience
  • Martindale-Hubbell® AV Preeminent® Peer Rating
  • Over 3,000 cases defended
  • Perfect 10.0 Superb rating on the website Avvo.com

My firm is happy to offer free case evaluations to all potential clients. Pick up the phone and call me today or complete my website’s free consultation form. 

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