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Sobriety checkpoints and their legality in Louisiana, P.2

Last time, we began speaking about sobriety checkpoints and the factors that go into their legality or illegality. Although law enforcement efforts which making use of sobriety checkpoints are typically within the bounds of what is permitted, it should not be assumed that this is always the case. It is important for DWI defendants arrested during at a roadblock to be aware that the issue could come up in their case.

In evaluating a DWI roadblock case, if it seems that there are issues with the way the roadblock was conducted, an experienced defense attorney can work to correct the situation in the legal process. One way to do this is to move to suppress any evidence gathered in the roadblock.

Suppression of evidence is a legal remedy that is often used in the context of cases involving drunk driving and drug offenses. The idea is that incriminating evidence that was gathered as a result of an illegal search should not be permitted as evidence at trial. In order to benefit from this remedy, a defendant must make a motion challenging the evidence and make a case that the evidence was illegally obtained. This involves looking at the various aspects of the roadblock, how it was conducted, and all the details involved in its operation.

If the judge determines this to be the case, the evidence will be suppressed from trial, which can have a significant impact on the way a case turns out. Although illegal roadblocks do not occur very frequently, they certainly can occur, and it is important for DWI defendants to be aware of this possibility and explore the issue with an experienced attorney when necessary.

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Meet Attorney Guillory

Attorney Joshua S. Guillory was born in Alexandria, Louisiana. Upon graduating high school from Alexandria Senior High, he enrolled in classes at the University of Louisiana at Lafayette where he earned his Bachelor of Science degree. Josh was a member of Mu Kappa Tau, a national honor society for marketing majors, while attending... Read More

Joshua S. Guillory

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