The Pennsylvania State Police has issued a Press Release informing the surrounding Counties that they plan a DUI Checkpoint later on in the month of November 2015, according to the York Daily Record. So we here at the Ciccarelli Law Offices wanted to remind Midstate drivers to be extra careful over the Thanksgiving holidays.
The Supreme Court has stated that although DUI Checkpoints are the equivalent of suspicionless motor vehicle stops, they are not on their face unconstitutional. They must follow certain guidelines so they can be held to not violate the 4th Amendment. These guidelines are, (1) The Police may only conduct a momentary stop of your vehicle, less than 30 seconds, and they cannot physically search the vehicle or its occupants. (2) The Roadblock must be visible so as to limit the surprise of the people approaching the stop, this can include signs around 500 Feet out, and also the check point should be announced in a local newspaper. (3) Also the decision to hold a Road block requires prior administrative approval, by a high ranking member of the Department. (4) Also the police must show, in court, that the location, and time selected for the checkpoint is likely to be traveled by intoxicated drivers, using imperical, or historical evidence. (5) Additionally, the question of which vehicles to stop at the roadblock should be determined by a predetermined standard that doesn’t not leave the cars to be stopped up to the officers discretion.
Police typically use interactions with the public during a sobriety checkpoint to establish Probable Cause to draw the driver’s blood and check it for Blood Alcohol Content or Drug Metabolites. Your appearance, things you say, what is in plain view in your vehicle, and the field sobriety test on the side of the road can all contribute to whether a policeman has probable cause to draw your blood.
It is also important to consider that while the laws behind Marijuanna are slowly being removed or eroded in some states and Counties, the DUI Law have not been adjusted to reflect that current reality. Pennsylvania has one of the strictest regulations regarding Controlled Substance DUI Drivers. Philadelphia is a good example. In Philadelphia you can simply receive a citation for Marijuanna Possession and be sent on your way home, once you ingest that Marijuanna you can be found guilty of DUI for up to the time period it takes for your body to completely expel the metabolite of that Marijuanna, which can be over 30 days. Metabolite is what remains in your body after it has processed the drugs. Depending on the drug this metabolite remains in your blood and can be found with a blood test.
Also keep in mind that just because Marijuanna was legal where you bought it does not make you any less guilty of DUI when you are driving the Pennsylvania Roadways.
Remember to stay safe and enjoy the holidays and if you are ever arrested or charged with DUI, Call Ciccarelli Law Offices. There is too much at stake for you to navigate the confusing criminal justice system alone. Call Lee Ciccarelli now and Allow our Criminal Defense Team to represent you today and use its combined decades of criminal defense experience in Delaware, Chester, Lancaster, Montgomery and Philadelphia Counties to get you the best outcome. Reach us today at (610) 692-8700.
Contact Chester County DUI Defense Attorney
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.
You deserve a West Chester Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.