The Police pulled the Defendant over at a DUI checkpoint. The Officer noticed that the Defendant smelled of alcohol, stumbled when he walked, and had slurred speech. The Defendant performed the Field Sobriety Testing but refused a Breathalyzer Test. The Defendant was arrested and charged with DUI, Refusal to Submit to a Breathalyzer Test and cited on a Seatbelt Violation.
DUI checkpoints are legal in the state of Florida. They are often performed on busy holiday weekends, such as Labor Day or the Fourth of July. The Supreme Court has ruled that DUI checkpoints are legal as long as rules and regulations are set forth. These checkpoints must follow the rules and regulations mandated by the Florida Supreme Court. Law enforcement must have a written guideline to follow before a checkpoint is set up.
You must stop for a checkpoint. If you see one, you are not allowed to turn around. If a police officer sees this, they have a right to pull you over.
Law enforcement officers must follow the protocol they have set forth. If they have written down to pull over every fourth car in the lineup, they must do just that. They cannot pull over a vehicle based on the type of person that is driving or the vehicle type itself.
You will need to provide your driver’s license, registration, and car insurance to the police officer that pulls you over in the line. He may ask you to perform a field sobriety test. If you perform poorly on this test or the officer suspects you are driving under the influence, you will be asked to submit to a breath test.
If you decide not to do a field sobriety test, you have every legal right to say no. However, you will then be given a breath test for sure as a police officer will feel you are covering something up. You could face additional charges for refusing the testing.
Musca Law Firm Services
If you have been pulled over at a checkpoint and charged with DUI or feel that you were targeted for no reason, please call Musca Law Firm. We have successfully dealt with many DUI charges. Our firm provides defenses that are strong and aggressive. We are not afraid to negotiate with the prosecution for our clients’ rights. Our lawyers want the best for our clients and work hard to get it for you. We make sure that none of your constitutional rights have been violated. Please call us today at (888) 484-5057 for a free initial case consultation with one of our experienced attorneys. We have offices in many cities across the state of Florida, in order to meet our clients’ geographical needs.
RESULT: The Musca Law Defense Attorney believed in the Client’s innocence and requested that the case go before a jury trial. The Defense convinced the Prosecution that their case lacked sufficient evidence and the Defense was prepared to prove it. The Prosecution DROPPED the Seatbelt Violation and the Refusal to Submit to a Breath Test charge. The Client entered a plea to a lesser charge resulting in NO DUI CONVICTION!