DWI Checkpoint Violations
If the driver was stopped at a
DWI Check-Point, I will object to the following:
- the absence of a written checkpoint plan;
- the legality of the written checkpoint plan;
- how the checkpoint location was chosen;
- how the officers set up the checkpoint;
- how the officers conducted the checkpoint; and
- if the arresting officer had jurisdiction to charge the driver.
Motion to Suppress & Dismiss
Each of these DWI checkpoint elements is an opportunity for us to challenge the officer’s authority to stop the car and suppress evidence.
When the court suppresses evidence, the prosecutor has nothing to present at trial and the DWI is dismissed.
