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.
If you feel that your rights were violated in any way or that you were
wrongfully charged with a DUI at a checkpoint, do not hesitate to contact
Leskovich Law Group, P.A. immediately.
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
- If approved, the checkpoint must go completely according to the submitted
- 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
- 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
- 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 suggested 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.