Atlanta area Law Enforcement turns to the “safety check” , i.e., Road Block, during the Holiday Season . While the stated purpose is to enforce the seat belt law and to check for valid licenses and auto insurance, the real goals of a Road Block, are impaired driver and DUI Arrests. The average fine for a seat belt violation is $25.00, and $250.00 for a no proof of insurance ticket, while Fines and court costs for a DUI can easily exceed $1000.00, YOU DO THE MATH! Road Block is used in place of the typical “Probable Cause”, i.e., speeding, improper lane change, and reckless driving that we often see as the initial reason for the arresting officer to pull you over. Recent Supreme Court Cases have made it harder for Prosecutors to prove that a Valid and Constitutionally correct Road Block was set up. Such a DUI arrest should be contested in court, requiring the Prosecution to prove that the Road Block was legal and can be used to replace a finding of Probable Cause to support the DUI arrest.
November 26, 2014
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