Police know that people are more likely to drink and drive on holidays, so they take a more aggressive approach to identifying and arresting intoxicated motorists on those days. For example, they might send more patrol cars out in traffic and station extra officers near bars and nightclubs in order to watch for patrons who stumble to their vehicles after leaving the premises.
In the state of New York, police also have the right to set up sobriety checkpoints. According to the American Automobile Association, a sobriety checkpoint is a fixed traffic stop where officers can pull over motorists to check for impairment, even if they do not have probable cause to do so.
In order for any evidence gathered during a checkpoint stop to be admissible in court, police must follow certain guidelines when establishing one. These guidelines are as follows:
- The location, time, and total duration of the checkpoint must be established by administrative personnel in a supervisory position, not by officers in the field who will be conducting the stops;
- The checkpoint must have flares, signs, and other signals warning motorists of the impending stop, which must be identified as a police checkpoint;
- Police cannot detain any motorists whom they stop for an unreasonable amount of time; and
- Police must use a non-random, predetermined formula for stopping drivers.
If you are facing DWI charges after police stopped you at a sobriety checkpoint, your first call should be to a DUI attorney. Turn to Darren DeUrso, Attorney at Law for comprehensive legal guidance.
Mr. DeUrso has more than three decades of experience as a lawyer, and he will use this experience to defend your rights aggressively. Call 914-772-8614 to schedule a case evaluation with a DUI lawyer in White Plains.
Will Police Set up Sobriety Checkpoints on Halloween Night?
According to the Governor’s Press Office, public officials and law enforcement personnel increased patrols in an effort to crack down on drunk driving last Halloween, and it is safe to assume they will take a similar approach this year. In 2016, police implemented the special traffic enforcement detail, which was funded by county STOP-DWI programs and the Governor’s Traffic Safety Committee, between October 28 and November 1.
Last year’s efforts to keep impaired motorists off the roads included additional patrols and sobriety checkpoints. Police were also on the lookout for the sale of alcohol to minors and for underage drinking.
According to the New York State Police, officers saw more than 730 motor vehicle collisions during their 2015 initiative to prevent drunk driving on Halloween. These accidents resulted in three fatalities and injured 126 others. Additionally, troopers arrested 167 motorists for driving while intoxicated and issued more than 7,500 tickets for various traffic violations.
If you are facing DWI charges, Darren DeUrso, Attorney at Law will structure a comprehensive defense based on the unique facts of your case. Call 914-772-8614 to schedule a consultation with a DUI attorney in White Plains. You can learn more about fighting DWI charges in New York by visiting USAttorneys.com.