DWI Attorney Weighs In on Surprise Sobriety Checkpoint in Concord
Manchester, NH (PRWEB) July 22, 2013 -- The Concord Police Department, together with the Merrimack County DUI Task Force, will conduct a sobriety checkpoint sometime within July 21-27 of this week (The Concord Patch, Sobriety Checkpoint Returns, July 20, 2013). The specific time and date of the checkpoint are unknown to the general public. While sobriety checkpoints are considered lawful in the state of New Hampshire, there is still some controversy over the issue.
“Balancing the constitutional rights of individuals to be free from warrentless, suspicionless stops and detentions against the public's understandable concern to be protected from the dangerous threat of drunk driving is at the heart of this controversy,” said Attorney Jim Rosenberg.
He went on to explain that he has noticed an increased effort on behalf of New Hampshire law enforcement to crack down on drunk driving, particularly by way of sobriety checkpoints. In New Hampshire, law enforcement must go through a strict process in order to receive judicial approval to hold a sobriety checkpoint. This process is much like filing for a search warrant. Law enforcement must make their application for a sobriety checkpoint by explaining to the court that the target location is one where there is a specific concern for impaired motorists.
Police must also establish a procedure for the conduct of the sobriety checkpoint. Rosenberg explains, “They can't just pull over the cars that look a bit suspicious. Instead, a procedure must be established to stop traffic in a neutral manner -- stopping every 5th car for example. The check point must also be publicized ahead of time.”
When someone is arrested for driving while intoxicated at one of these sobriety checkpoints, it adds a unique element to the case. For example, not only is the defense attorney required to address chemical test evidence, field sobriety test evidence, etc. The defense attorney should also address the lawfulness of the sobriety checkpoint itself.
“Defending sobriety checkpoints adds a layer of complexity to the average DWI case,” said Rosenberg. “Our lawyers demand the supporting documentation for the checkpoint from the court, compare the submission made by law enforcement to the requirements established by law and often attack the checkpoint, itself, pointing out flaws in the police request for judicial approval for a sobriety checkpoint.”
The DWI lawyers at Shaheen & Gordon are often able to uncover deficiencies in the State’s case. The benefits of this are twofold. Not only is the firm able to successfully defend their clients against drunk driving charges, but these efforts also often result in productive discussions with law enforcement.
The firm implements a comprehensive analysis of each DWI case which includes the judicial approval for the sobriety checkpoint. When someone is arrested for drunk driving at a New Hampshire sobriety checkpoint, Shaheen & Gordon’s goal is to resolve their client’s case to reduced or dropped charges.
James Rosenberg, Shaheen & Gordon, P.A., http://www.shaheengordon.com, (603) 369-4500, [email protected]
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