Miami DUI Attorney Challenges DUI Checkpoint

Miami DUI Attorney John Musca challenged a Cape Coral, Florida DUI Checkpoint after a client of the firm was arrested and charged with driving under the influence.

Facts of the case: The client was stopped at a DUI checkpoint within 4 blocks from his home after returning home from having dinner with his wifeAfter returning from having dinner with his wife. The officers at the checkpoint asked him whether he had anything to drink that evening, and he acknowledged that he had a few glasses of wine with dinner. After this acknowledgement, the client was asked to perform a field sobriety check, which included a breathalyzer check. Due to the fact that the client was a 76-year-old man with a hearing impairment, he was unable to pass the field test due to balance inabilities. The breath analysis test indicated that the results were a .074. After being placed under arrest and charged with driving under the influence, Miami DUI Attorneys for Musca Law were retained by the client.

Over the last few years, the Florida Highway Patrol and local law enforcement agencies are making arbitrary DUI stops and searches a common practice. DUI checkpoints are a practice used by police officers and the highway patrol to tighten the grip of those driving while under the influence of alcohol. However, there is a serious concern that this “concern” for public safety is becoming to infringe upon the fourth amendment rights of the people.

The Supreme Court of Florida has acknowledged that DUI checkpoints do in fact constitute a “seizure” relative to the Fourth Amendment. Additionally, the State of Florida has conceded that DUI checkpoints are constitutional and valid. However, the Supreme Court has still determined that DUI checkpoints are still constitutionally acceptable as long as there is minimal intrusion and are done with evident effectiveness. Therefore, there is a “three-minute rule” in Florida which provides that every vehicle that enters a designated checkpoint site cannot be detained in traffic for more than three minutes. If the three-minute time is exceeded, the officer in charge must temporarily suspend the diversion of automobiles into the checkpoint lanes and turn the checkpoint into a systematic selection of vehicles to be stopped at the discretion of the commander who is in charge of the checkpoint. Vehicles will then proceed back into the checkpoint lanes when the period becomes less than three minutes.

A policy manual promulgated by the Florida Highway Patrol and local police departments dictates how a DUI checkpoint must be conducted. The police must adhere to the guidelines when engaging in a DUI checkpoint operation, assuming that these policies meet with constitutional muster. In the instant case, Miami DUI Attorney Musca noted that the checkpoint operational plan used in this case did not pass constitutional muster because the inquiry and further detention of the drivers who entered the checkpoint were left to the sole discretion of the officer, and the automobile selection process was also left to the sole discretion of the field officer.

Attorneys for Musca Law used every possible defense available for the client. After reviewing the discovery and recognizing the problem with the DUI checkpoint procedures, the charges against the client and the defense did not have to file a Motion to Suppress.

For further information about DUI Attorney John Musca, please visit Musca Law, where you can review the firms current case list and successes, and obtain legal information.

Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.