A lot of the  driving under the influence (DUI) charges result from a driver going through an unexpected roadblock after an evening of casual drinking. Although a DUI roadblock checkpoint is a terribly horrible inconvenience in the beginning, it can later turn out to become your best friend while going through the DUI defense process. Palm Beach DUI defense wizards have proven that roadblock and checkpoint arrests are without comparison in that they are hands-down easily the most scrutinized tests, as they come close to infringing upon your basic Fourth Amendment rights. If you have been arrested or charged at one of these “special stops”, then you owe it to yourself and your future to contact Musca Law and speak with a Palm Beach DUI attorney as immediately as is convenient for you post-arrest..

Requiring disclosure of why the roadblock was setup

Even as the state pushes for more of these checkpoint-roadblocks, they are being required by the courts to show that the roadblock placement itself was reasonable. Palm Beach DUI attorneys can force them to disclose and provide information on why the roadblock was set up, which officers worked it or were present, and the conduct of each of the officers on the job. The police officers must comply with these requests, and the information as well as the officers’ records will be put “under the microscope” as provided by the United States Constitution.

The courts have accepted a constructed test by which officers and police departments must adhere. This test has strict guidelines as to when, why, and where they are allowed to place checkpoint-roadblocks. Specifically, the police department must provide a good reason for why each and every roadblock was an effective means of crime prevention, and they must prove that those same checkpoints were constitutionally viable. This is a daunting task and often a difficult argument for an inexperienced county prosecutor to make.

What type of procedures are used at the DUI checkpoint?

In Florida the law mandates that police departments provide adequate lighting, safe conditions and a host of other things to drivers. They are required to, and must have an accepted and affirmative plan for which cars they are going to stop and for how they are going to perform the routine checks. The big plus about this defense process is that it affords Palm Beach DUI lawyers a lot of leeway in questioning the details and fairness of a roadblock. Many things have to be done in certain, proscribed manners, and done correctly. The moment any Florida police department deviates from the accepted and mandated policy, a motion to suppress the evidence will be filed. Such motions can often lead to the exclusion or dismissal of the evidence, which can allow for a motion to dismiss the case itself. These are the things that a competent attorney such as those at Musca Law can easily explain to you. For this reason, it is often possible to get rid of the roadblock evidence entirely.

If you have been charged with DUI due to a roadblock, contact Musca Law immediately, as some of your best defenses are time-constrained. A skilled Palm Beach DUI lawyer will walk you through your available options.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.