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Southwest Florida

DUI Checkpoints Lawyer

Fort Myers DUI Checkpoints

DUI checkpoints are common in Fort Myers, Naples, Port Charlotte, Punta Gorda and Cape Coral. Checkpoints are favored strongly by Law Enforcement Officers because it allows them to have contact with a large amount of drivers at the time and place of their choosing enabling them to greatly increase the number of DUI arrests the Law Enforcement Agency makes.

The people in cars who are stopped at a checkpoint are the victims of a Fourth Amendment seizure as their freedom of movement has been terminated by the police action of setting up the checkpoint. Since any person stopped at the checkpoint is not free to ignore the officer’s questions or directions the encounter is not consensual in nature.

Police DUI Checkpoint Guidelines

The Florida Supreme Court has held that checkpoints are Constitutional and officers are allowed to use them however the Court established standards for this procedure whereby the checkpoint must be operated according to detailed guidelines regarding:

  • The selection of vehicles
  • Detention techniques
  • Assignments for the officers
  • Disposition of vehicles so that little discretion is left to the officers conducting the roadblock

The guidelines for each individual checkpoint set up by the police must be in writing per the Florida Supreme Court.  The absence of specific written guidelines for a roadblock will make that roadblock unconstitutional and render any arrests made at that roadblock ripe to be dismissed upon the filing of the proper motion by a Criminal Defense Lawyer. The Florida Supreme Court requires specific written guidelines for every checkpoint because having the guidelines in writing before the checkpoint takes place limits the ability for police to act arbitrarily during the checkpoint operation.

Police DUI Checkpoint Additional Requirements

Beyond having specific written guidelines for each checkpoint they create and operate Police Officer must comply with additional requirements when setting up checkpoints:

  • The safety of motorists must be assured by providing adequate lighting, warning signals and officers who are easily identified as law enforcement personnel
  • The degree of intrusion and length of detention must be minimized
  • The checkpoint must be significantly more effective in combating a serious crime problem than other less intrusive means

When you are arrested for DUI after being stopped at a DUI checkpoint in Fort Myers, Naples, Port Charlotte, Punta Gorda or Cape Coral contact a DUI Defense Lawyer from Viacava & Cantor. A DUI Defense Lawyer from Viacava & Cantor will be able to investigate whether the checkpoint properly complied with all of the appropriate regulations.  If the checkpoint did not comply with all of the necessary requirements a DUI Defense Lawyer from Viacava & Cantor will move to have your DUI case dismissed.  Contact a lawyer from Viacava & Cantor today to schedule a free consultation at 239-672-8934 to discuss the specific facts of your case.

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