Daniel Hynes

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Sobriety checkpoints on the rise

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It is summer time and that means more sobriety checkpoints. Last week the State police held them as well as Manchester police department. While I sometimes see the posting on their website ahead of time, I usually find out about them afterwards as I get a call from someone frequently after a sobriety checkpoint is used. In order to do a sobriety checkpoint, the police need to obtain permission from superior court, and perform the checkpoints in certain ways.

The first defense to attacking a sobriety checkpoint is to show the police did not do the checkpoint as approved, or in some other way violated your rights. If you were pulled over for trying to avoid a checkpoint, this may be a valid defense as well. The police are supposed to notify the public before doing the checkpoints. If you are stopped at a checkpoint you have the right to not answer questions such as if you were drinking. Just give the police your license and registration and choose to be silent or tell them you want a lawyer. If you are asked to step out of the car, ask the officer if he is asking you to step out or if he is ordering you. Also ask the cop if you are free to leave. The less evidence you give them, the more defenses you probably have.

If you are asked to do field sobriety tests, you are probably going to fail no matter how hard you try and how little alcohol you had. If you were arrested hire a good dui attorney immediately.

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Guest Saturday, 24 October 2020