DUI CHECKPOINT
10 p.m. Friday, July 1st
to 2 a.m. Saturday, July 2nd
900 N.W. 31 Ave., Fort Lauderdale 33311
If you choose to drive in the area around the checkpoint, you run the risk of being caught up in it. Be smart about your actions. First, have your driver license, registration and insurance card in an easily accessible place. You don’t want to be rummaging through your car trying to find these items. Second, if you have been drinking, say as little as possible. From the moment the officer sees you, everything, and I mean, EVERYTHING, the officer believes is a sign of impairment will be noted and used against you – your driving pattern; how you look (flushed face; red bloodshot watery eyes); do you smell of alcohol; your speech; were you unable to find your documents; how you answered questions; your balance; your demeanor; etc.
In a typical checkpoint, the
officers will make contact with you while you are in your car. If you admit to drinking
or if the officer notices that you smell of alcohol or that your eyes are
bloodshot and glassy or that your speech is slurred or that your face is
flushed, you will probably be requested to step out of your car and take the
roadside exercises. If you refuse to
take the roadside sobriety tests, the officer is in the difficult position of
deciding whether to arrest you based on the evidence gathered up to that point
(i.e. driving patter, speech, balance, physical signs) or whether to let you
go.
If you smell of alcohol and show
any of the other signs of being impaired by alcohol, you will more likely than
not be arrested if you don’t take the roadside sobriety exercises. However,
these exercises can sometimes be difficult to perform for people who have not
had anything to drink. If you choose to
do the roadside exercises, you should definitely let the officer know about physical or mental problems that might impact
how you perform the exercises.
Roadside sobriety exercises are routinely
videotaped. The exercises will most certainly be videotaped at a checkpoint. Any
video of your performance on the exercises is critical evidence effecting your
case. If you look good while performing the exercises on video and later refuse
the breath test, your charge could be potentially reduced. On the other
hand, the expression: “a picture is worth a thousand words” is more true in a
DUI case. I believe jurors weigh a
person’s performance on video to be critical especially if the breath test was
refused.
Your performance of the exercises
will be used against you. If you refuse to take the exercise, your refusal will
be used against you. If you have been drinking, you will probably not perform
the exercises well and your performance will be used against you.
If you or someone you know gets
arrested for DUI – call Fort Lauderdale Criminal DUI Attorney Gary Cole at 954-462-4600.
This website includes general
information about legal issues and developments in the law. Such materials are
for informational purposes only and may not reflect the most current legal developments.
These informational materials are not intended, and must not be taken, as legal
advice on any particular set of facts or circumstances. You and I have not
entered into an attorney/client relationship, and I am not responsible for
your legal rights. The only way for us to be in an attorney/client
relationship is if you have signed a written retainer agreement with my
law firm.
No comments:
Post a Comment