Memorial Day is synonymous with celebrating, parties, drinking beer, grilling out and enjoying yourself. This day involves quite a bit of drinking and the parties that go along with it are usually occasions that everyone remembers. This is usually where parties involve breaking out the Bar B Que and enjoying a cold beer while preparing the meal for your guests (or enjoying what everyone has prepared while also enjoying a cocktail). These parties range from the day before memorial day, the day off or anytime during the holiday weekend.
Some people however end up remembering more than just a good party with great food or BBQ. With everything that goes on for Memorial Day parties, some people either lose track or don't keep count of their alcohol intake. With police being more aggressive for DUI arrests, it means that more people are finding themselves the subject of a unplanned rendezvous with the police.
There are a great number of approved tactics for the police to use to stop cars and check for a DUI. One tactic that is the most popular is referred to as a “DUI Checkpoint.” These checkpoints however are not actually to check for a DUI. Most frequently these stops are disguised as valid license checkpoints or looking for a escaped person. The most popular time for law enforcement to use these types of stops is over holiday and or holiday weekends. Memorial Day is no exception to the use of a Sobriety Checkpoint.
Almost all areas of the police use these DUI checkpoints. The scenario is usually you are driving around and see blue lights ahead. Except in stead of one officer stopping another driver ahead, you see what looks like a parking lot up ahead with multiple drivers stopped and an additional team of police officers directing traffic ahead. You have not come upon a DUI Checkpoint.
It doesn't matter where you find yourself almost all of the police force use a DUI Checkpoint including: Johns Creek Police, Alpharetta Police, Milton Police, DeKalb County, Cobb County, Decatur Police, Atlanta Police, Gwinnett County Police and the list goes on. This “tool” allows the police to stop a vehicle for any “legal” reason and their investigation can always lead to a DUI if they suspect the driver has been drinking or using drugs.
Of course, a DUI Checkpoint isn't the only tool that officers use to stop drivers. The other versions of the stops range from Speeding, “Unsafe Driving,” Failure to Maintain Lane and a myriad of other “reasons” the officers use to stop vehicles and check for DUI.
If you have been accused by the police of driving under the influence on Memorial Day, or any other day, then you need help from a trained DUI attorney. Should YOU find that you either don't want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations. There are facts to every case where defenses can be raised for anyone charged with driving under the influence. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor's office.
Remember that every DUI case is different because not two sets of facts are the same. Application of the above case law to your situation would take examination of the facts surrounding your case and applying this case law properly to create a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of DUI defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.