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I was arrested for DUI at a roadblock/checkpoint. What do I do?

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Georgia law and the United States Constitution requires that police officers possess a certain level of suspicion in order to stop a driver. Police officers must have reasonable articulable suspicion that a driver is, has, or is about to break the law in order to pull them over. However, DUI checkpoints and roadblocks are an exception to this requirement, and police do not have to have any suspicion whatsoever to stop a car passing through a checkpoint.

If you have been arrested at a checkpoint, you may be wondering how to best defend your case. The good news is that the State must show that the roadblock was conducted in such a way that complies with Georgia law. In the case of Baker v. State, 252 Ga. App. 695 (2001), the Georgia Court of Appeals articulates the six prongs which must be shown to support a stop at a checkpoint. The Court in Baker held that a roadblock is valid when:

  1. The decision to implement the checkpoint in question was made by supervisory officers and not officers in the field;
  2. The supervisors had a legitimate purpose in conducting a checkpoint;
  3. All vehicles passing through the checkpoint are stopped, not just “random” vehicles;
  4. The delay to drivers is minimal;
  5. The checkpoint operation is well identified as a police checkpoint (think flashing lights, marked vehicles, and traffic cones);
  6. The screening officer’s training and experience are sufficient to qualify him to make an initial determination as to which motorists should be administered field sobriety tests.

This test is all-or-nothing. If the prosecutors cannot show each and every one of these elements, the stop and any subsequent observations, statements, or arrests may be suppressed.

If you have been arrested at a checkpoint, you may have a valid defense in your case. Call our office for a free consultation and find out what your best options are. 404-581-0999. Written by Attorney Katherine A. Edmonds.

Municipal Court of Atlanta – Atlanta Move Over Attorney

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Georgia’s “move over” law is designed to keep officers, emergency workers, and first responders safer when they are stopped on the side of the road with their emergency lights flashing. It was passed in 2003 to reduce the number of police officer and HERO fatalities that were occurring due to traffic crash responses. The law saves lives and makes sense, but unfortunately, too many Georgia motorists are unaware that it exists until they are slapped with a $500 fine.

If you have been issued a citation for violating the Move Over law in Atlanta either by Atlanta Police Department or Georgia State Patrol, your citation will be prosecuted by the City of Atlanta Solicitor. Your court date will be set at the Municipal Court of Atlanta at 150 Garnett Street in Atlanta, Georgia. In many instances, attorneys can appear on behalf of their clients for move over violation citations.

Under O.C.G.A. § 40-6-16, Georgia law requires drivers to move over to the next lane if safely possible when passing a stationary emergency vehicle, towing vehicle, or recovery vehicle when their lights are flashing. If moving over is absolutely impossible, the law requires you to slow down to below the speed limit but to be prepared to stop your car. Violations can result in a fine of $500 for the first offense. Once you factor in the court costs, however, this can put you well above $500, even if this was your first offense, and even if you had never heard of the law. Paying the fine on your citation means you are admitting you are guilty to the offense which raises a number of consequences.

A violation of this statute could cost you much more than the fine itself. A conviction for this traffic offense will also add 3 points to your driving record. A driver with 15 points in a 24 month period will have their license suspended. Points on your record also subject you to higher car insurance rates because your insurer believes you are more likely to file a claim than someone with lower points on their record. Getting just one traffic ticket can boost an average person’s auto insurance premiums by as much as 22 percent.

Additionally, violating Georgia’s move over law can be a basis for an officer to stop your vehicle which can lead to even more serious charges. Under both the Georgia and the United States Constitutions, an officer needs “reasonable articulable suspicion” to justify pulling your vehicle over for an investigative stop. Violating this statute gives the officers that power to stop you and investigate you, which ultimately can lead to a DUI arrest or the investigation of other potential and more serious crimes.

To avoid these repercussions of violating Georgia’s move over law, always drive attentively and don’t risk being pulled over or injuring the emergency workers on the side of road. If you see lights ahead, do all that you can to safely move over. If moving over safely is impossible, remember to slow down below the speed limit when passing emergency lights, and be prepared to stop. It can save lives, and it can save you money and the hassle.

If you have been cited with a violation of Georgia’s move over law, call our office and we can help you navigate the system. Our office has extensive experience in traffic violations and DUI defense. Fighting traffic tickets with an attorney’s help is important because any conviction on your record will greatly reduce the possibility of having future citations lowered or dismissed. Our firm can handle your traffic ticket case with the expertise you need to save your record. Give us a call for a free consultation at 404-581-0999.