Vehicle Checkpoints are Inherently Unconstitutional

In the eyes of the law, vehicle checkpoints are presumed to be unconstitutional- just like any other suspicionless stop of a motor vehicle that would infringe upon your right to be free of unreasonable searches and seizures. This means that if you have been arrested for DWI or any other crime at a vehicle checkpoint, the prosecutor assigned to your case has an extra hill to climb.

In the case of a DWI arrest at a checkpoint the prosecution has to prove you were intoxicated while driving, but they also have to prove that the checkpoint where you were stopped was lawfully planned and executed.

Police may not, for example, set up a checkpoint for the purpose of deterring crime or narcotics trafficking, but then skirt the law by calling it a sobriety checkpoint. Your lawyer can dig into the planning decisions made with regard to the checkpoint and demonstrate that it was unlawful.

That extra burden on the prosecution gives your defense attorney another opportunity to challenge and beat the charges against you.

For a deep dive into the legality of vehicle checkpoints, read both City of Indianapolis v. Edmond, 531 U.S. 32 (2000) and People v. Scott, 63 N.Y.2d 518 (N.Y. 1984).

If you have been arrested at a checkpoint, whether it is for a DWI or any other crime, we can help.