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Arrested for DUI at a roadblock, how do I obtained the written roadblock procedure prepared by supervisory personnel?

Union City, GA |

Officer approached vehicle (I'm alone) after I was asked to pull to side of road. He said he smelled alcohol. He asked me to take a voluntary field sobriety test so he would know I was OK to drive. I told him I was OK. He asked again and I told him I was OK. He then said it's either yes or no? I said I'm OK and am I free to go. The officer said no and immediately opened my door, unbuckled my seat belt and pull me out of the vehicle handcuffed me as several other officers rushed over. The officer said if I moved he would taser me. Several officers begin to search my vehicle as he was moving me to the back of the patrol car. Another officer began to check my license and everything (license,insurance,registration) was good. I was never asked to exit vehicle or if they could search vehicle.

Attorney Answers 2

  1. There are several requirements the police must meet in order for their roadblock to be valid. One of the things I always do in every DUI case I defend where a roadblock is involved is to subpoena all paperwork related to the roadblock so I can determine whether or not the police had a right to stop you in the first place. If the officer told you that you were not free to leave and then proceeded to force you to give evidence against yourself, then some or all of that evidence may have been illegally obtained and can be kept out of any trial. I would be glad to talk to you further if you have more questions.

  2. Your case sounds very interesting. It seems as if they may not have enough evidence of impairment to support a conviction. To get a copy of the roadblock procedures, you can start by sending an open records demand to the police department. You really should consider consulting with a DUI attorney. Based on these facts, I would be leery of any attorney who quickly starts talking about the kind of plea deal he can get you. I suggest you consider fighting this charge.

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