Delaware Lawyer Challenging the DUI CheckPoint Stop: Was It Valid?

Do not be discouraged if you are arrested for DUI at a Delaware check point stop or roadblock.  I suspect law enforcement tends to avoid the use of the word roadblock, because it leaves a sour taste in the mouth of many citizens.  Instead they clothe the encounter in official police jargon and term it a "check point stop."

Did you know that in Delaware you have a right to use the entire lane to drive in, and that in many circumstances merely "weaving" in your own lane of traffic will not justify a stop?  Was the stop the result of a late night fishing expedition?  Might your stop be considered "pre-textual" under the case-law in the State of Delaware?

An experienced DUI defense lawyer can tell you the truth about roadblock or drunk driving check point stops.  Call my office in Wilmington today at 302-622-9500 today for a free initial consultation.  CDL and out of state drivers can call toll free at 866-462-0567.

You Have Rights in Road Block or Check Point Stops

Prospective clients often question the fairness of roadblocks resulting in drinking and driving charges.  These types of questions are only understandable given the random nature of a roadblock encounter.  Not surprisingly, Delaware courts have formulated rather technical procedures to safeguard the citizen against unreasonable detention and seizure stemming from roadblocks.

A common assumption is that individuals stopped and arrested in Delaware at a police roadblock have little chance of winning the case.  This generalized assumption, like most assumptions, can be wrong.

Roadblock DUI cases bring unique factors into play.  They can involve different questions of law, and unique opportunities for the DUI suspect.  There are numerous requirements imposed on the police by the Delaware Courts when the police stop motorists at a roadblock.

• Did the police lawfully choose the location?
• Did they properly notify Delaware officials?
• Did they properly follow written guidelines?
• Did they conduct the roadblock properly?
• Did they follow proper procedure in the DUI or DWI arrest?

Do not be discouraged.  The case law developed by the courts in Delaware give the motorist well defined rights, so you should exercise those rights by hiring a DUI lawyer.  Be pro-active about your arrest and you give yourself a legitimate chance of success. 

Kevin P. O'Neill, Attorney at Law • Wilmington, Delaware • Contact Me