Challenging Julie Pacino’s DUI Checkpoint Stop

By From http://www.andrewflusche.com • Jul 31st, 2011 • Category: Blog Entries.Local

I’m not one for gossip, but the news that Julie Pacino was arrested for DUI at a checkpoint in New York provides for a great teaching moment.

One of the main defenses we analyze for any DUI charge is whether the officer legally stopped your car. Many times that’s pretty clear, such as stops for speeding or other traffic violations.

But for checkpoints, the Commonwealth has a fairly difficult burden to the prove that the checkpoint was legal. The main requirements are that the police had a specific written plan for the operation and that they actually followed it.

Every part of the plan is important, even when the checkpoint was supposed to take place. Lacking a detail such as that could beat a checkpoint stop.

I’m sure Pacino’s lawyers will analyze all these angles and see if there is a way to beat the DUI stop completely or at least to have a bargaining chip for the negotiation table.

Originally published at AndrewFlusche.com. © 2011 Andrew Flusche. Challenging Julie Pacino’s DUI Checkpoint Stop


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