DUI Checkpoint Video

As you will see in the video this is not a Jacksonville checkpoint, but from Chicago Heights, IL. However, this is what we can expect from DUI checkpoints down in Florida as well:

Notice how the man in the leather jacket says, ” I had a couple.”, before he is, in turn, arrested. This is never a good idea from a legal standpoint. In addition to this he seemed to fail the sobriety tests and you can see he blew a .093 (over the .08 legal limit) in the breathalyzer. You may think this arrest is an open and shut conviction, but think again. A DUI attorney could help him protect his rights.

Florida DUI Checkpoints – The 3 Minute Rule

The state of Florida concedes that DUI checkpoints are constitutional and valid. The Supreme Court acknowledges that DUI checkpoints do in fact constitute a “seizure” relative to the Fourth Amendment yet are constitutionally acceptable with evident effectiveness and minimal intrusion. Hence the three minute rule where every vehicle that enters a designated checkpoint site cannot be detained in traffic for more than three minutes. In the event of exceeding the three minute time allowed, the officer in charge must temporarily suspend the diversion of vehicles into the checkpoint lanes and begin a systematic selection of vehicles to be stopped at the discretion of the checkpoint commander. Vehicles will then proceed back into the checkpoint lanes when the period becomes less than three minutes.

Please, if you have been accused of a drunk driving offense in the Jacksonville area give us the chance to educate you about your DUI charge. Call 904-610-6545 to schedule a free consultation.

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This entry was posted on Wednesday, March 10th, 2010 at 12:23 am and is filed under DUI Videos. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.