Anatomy Of A Checkpoint

The last check point case I defended began in a high DUI area.  This was targeted based on statistics from DUI arrests the police made in the Cincinnati area.

The time was also targeted around a holiday where it was statistically more likely that people would be driving after drinking.  Lastly, the time was chosen to be in the late evening to target people that have been drinking all day and night.

The checkpoint was set up with orange barrels, flashing lights, floodlights, police cars with lights activated, etc.  Both the highway patrol and Cincinnati police were present.

There is always an opportunity to turn on another street away from the checkpoint, but you have to see the check point ahead sign first.  Once you go past the street to turn off, you will not be allowed to turn back.

You can enter from both main directions.  But here is how my guy was tagged… he entered from the side street where there were no signs indicating a checkpoint was ahead.

He entered into the middle of it from the very street that was designed for people to leave the checkpoint if they saw the sign and did not want to wait to go through it.

The barrels and signs indicating “Check Point Ahead” extended about 750-1000 feet in either direction from the center of the line where cars were checked.  Officers were instructed to check for signs of impairment and divert those subjects that they had reasonable suspicion of being under the influence.

1000 cars entered the checkpoint.  100 drivers were diverted to the testing area.

First they were asked to voluntarily submit to field-testing.  Then they were asked to take a voluntary breath tested.

Of the 100 tested, only 15-20 people were over the legal limit.  That is less than 1-2 %.  That means that the police got it wrong 98-99% of the time.

If I tell you that the field tests and breath tests are voluntary would you take them and rely on a police officer to make a good call for you?  What if I also tell you that you do not have to tell the police where you are coming from, going to, or if you have been drinking?  Would you make admissions and hope that the police get it right for you.

A DUI conviction results in mandatory jail time, mandatory fine, mandatory suspension, probation up to 5 years, will be on your record forever, 6 points on your license, the judge does not have to let you have driving privileges, they can tell you not to drink for up to 5 years, they can put you on reporting probation with random urine screens, they can tell you not to leave the county or state without permission, etc.  Still want to take those tests and admit to drinking?

My client was over the limit at about 0.162.  This is double the legal limit of 0.08.

After the hearing the Judge said that my client did very well on the field tests and sounded fine.  No impaired driving was observed.  She would have fonud him not guilty of being inder the influence.  The problem was he took the test.

It is always a good idea to refuse the field tests.  It is almost always a good idea to refuse the blood, breath, or urine tests.  The only time it is good to take the test is if you have not been drinking, have a CDL, or know you will test under the limit.

The problem is that most people do not know they can refuse these tests.  The other problem is that they think they only had a few drinks, really their buddy the bartender was buying them free shots all night and over-pouring their mixed drinks.

And remember, if you or a family member has been arrested for DUI or OVI in the Greater Cincinnati- Have taken a test on the Intoxilyzer 8000, or were pulled over in Butler, Warren and Clermont Counties, or the areas of West Chester, Mason, Blue Ash, Montgomery, Lebanon, or other surrounding areas – give our firm a call at 513.333.0014….24-hours a day, 7 days a week because now is the perfect time to our award winning law firm,  with former law enforcement officers and former prosecutors, one of which was named a leading lawyer in the area of DUI and OVI defense since 2006, to work for you!

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Robhealey

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