Dui/dwi

You have at least two defenses that you should discuss with an attorney before entering a plea in this type of case.

First, a motion to suppress all evidence (including your identity or the fact that you were driving) because of the Roadblock or Checkpoint Stop. DUI Roadblock cases are the most scrutinized under the Fourth Amendment. These cases are very difficult for the prosecutor because at a hearing on a motion to suppress the prosecutor has the burden of showing the following:
1. That the stop was "reasonable."
2. That the stop complied with predetermined policies set in place ahead of time in the written DUI checkpoint guidelines written for that particular stop.
3. That the DUI checkpoint guidelines were not flawed or inadequate.
3. That an officer at the scene didn't deviate from those predetermine guidelines.
4. That an officer at the scene wasn't allowed too much discretion in determining which vehicles to stop.

In my experience, prosecutors hate motions to suppress in roadblock cases because they have to call so many witnesses, including the supervisor and field officers. The motion attacks not just the way your case was handled, but the way the entire Florida DUI roadblock was conducted.

I also believe that you should talk with an attorney about pursuing a necessity defense. The defense must typically present evidence at trial on the necessity defense to get the jury instruction and the elements of necessity are generally as follows:
1. The defendant reasonably believed under the circumstances that an immediate emergency or danger existed which threatened significant hard to the defendant or another person;
2. The defendant did not intentionally cause the emergency or danger; and
3. The defendant had no way to avoid the emergency or danger except by committing the crime charged; and
4. The harm that the defendant sought to avoid by committing the criminal act must outweigh the harm caused by committing the criminal act.

Either one of these defenses may give your attorney a lot of leverage to fight the charges or to resolve the case for a much better result short of trial. Visit the links below for more general information on DUI Defenses including the necessity defense and fighting the DUI roadblock case in Tampa, Hillsborough County, FL, and in St. Petersburg or Clearwater, Pinellas County, FL.