By: William C. “Bubba” Head, Criminal Defense Attorney and ABA Board-Certified DUI Attorney
Motor vehicle checkpoint cases should always be challenged by an experienced DUI specialist. A high percentage of victories, sometimes at the appellate level, have shown that sobriety checkpoint statistics favor accused citizens when aggressively litigated. All citizens become anxious when encountering checkpoints near me because it is a restriction on our ability to move around freely.
An ideal, winnable case is a Georgia DUI checkpoint refusal to admit drinking, don’t try to do any field sobriety tests, nor take portable breath tests or chemical tests on the Intoxilyzer 9000 implied consent test. As opposed to immigration border checkpoints, interdicting US citizens traveling to their destinations will be highly scrutinized.
Georgia courts (State and Federal) have not mandated that DUI checkpoints receive prior publicity about planned police checkpoints. So, it is helpful to know the likely sobriety checkpoint/DUI locations in GA. Various technology manufacturers have capitalized on devices that purportedly know how to find DUI checkpoint locations.
Our Atlanta DUI lawyers near me keep statistics of law enforcement sobriety checks and ad hoc state-ordered checkpoints. Many of these occurred during the COVID-19 beach screenings by Georgia State Patrol officers and Georgia DNR officers. In addition, we use a spreadsheet on DUI license checks in Georgia through reports given by our clients, news reports, and a statewide attorney listserv.
This Article tells you how to find out alcohol checkpoint locations. Plus, the recent Pandemic “stay at home order,” use of national guard troops, and other states’ residents’ quarantine for 14 days have led to some questionable “purposes” for state checkpoints at our borders. The lack of heavy nighttime traffic and the need for social distancing has cut checkpoint use greatly in 2020.
Holidays, for many Americans, are days to drink and “celebrate.” That is why Thanksgiving Day is the #1 day each year for the most DUI arrests. Police checkpoints in Georgia are just a small percentage of Thanksgiving Day DUI arrests.
Likely times of the year for drunk driving checkpoints for holidays and annual events include:
This last category was described, in detail, by a Georgia Supreme Court Justice (Robert Benham) during oral arguments in 1998. Partner William Head argued for the defense and a Prosecutor from Forsyth County, GA argued for the State in this famous DUI checkpoint case, LaFontaine v. State. Apparently, when he was a speaker for the largest African-American Church in DeKalb County, GA, he encountered a police roadblock.
Apologizing to the Church Pastor for being late to the speaking engagement, the officer was told that it was not a problem. This was because ALL ROADS leading to that Church had DUI checkpoints set up EACH YEAR during their church celebration, and all approaching drivers were checked.
Examples: The SEC college football playoff in December; the Chik-Fil-A Bowl; Georgia Tech (football and basketball); Atlanta Braves games, Atlanta Falcons games, and Atlanta Hawks games.
For the past decade or so, DragonCon in September has become a big, annual multi-day event for heavy alcohol consumption. But, college bowl games, NCAA playoffs, and regular season sporting events bring out many people who have consumed alcoholic beverages, and (therefore) may be a drunk driver. Outdoor concerts at Verizon Amphitheater (now the Amerisbank Amphitheater) and Lakewood Amphitheater also have brought out additional police presence, which has included (in prior years) manned DUI checkpoints.
After being arrested for DUI in Georgia, the first thing to do is identify an expert on Georgia DUI law through top attorney ratings. Look at who is BEHIND the law firm, review each of the trial lawyers’ credentials, and check out the criminal defense attorney who leads the law office. Every experienced DUI lawyer in the law firm near me must have full command of DUI laws and possess training in all aspects of successfully challenging the driving under the influence criminal case.
This successful defense record must include suppressing breath alcohol tests, and knowing every prior appellate decision on the Georgia implied consent law. An increasing number of drugged driving cases require that our criminal defense lawyers know how to challenge a GBI blood alcohol or drugs test. Being an INSTRUCTOR in the three NHTSA standardized field sobriety tests (SFST) also is necessary.
Call our DUI defense lawyers near me NOW, 24-7, for an initial case review and FREE legal advice: 404-567-5515 or email our criminal justice attorneys. Super Lawyers Cory Yager (an ex-cop), Larry Kohn, and William Head are ready to help find ways to beat a DUI roadblock case.
You can learn how to find DUI checkpoints online or download a DUI checkpoints app to see a DUI checkpoint planned for this weekend.