A lot of the  driving under the influence (DUI) charges result from a driver going through an unexpected roadblock after an evening of casual drinking. Although a DUI roadblock checkpoint is a terribly horrible inconvenience in the beginning, it can later turn out to become your best friend while going through the DUI defense process. Fort Lauderdale DUI defense wizards have proven that roadblock and checkpoint arrests are without comparison in that they are hands-down easily the most scrutinized tests, as they come close to infringing upon your basic Fourth Amendment rights. If you have been arrested or charged at one of these “special stops”, then you owe it to yourself and your future to contact Musca Law and speak with a Fort Lauderdale DUI attorney as immediately as is convenient for you post-arrest..

Requiring disclosure of why the roadblock was setup

Even as the state pushes for more of these checkpoint-roadblocks, they are being required by the courts to show that the roadblock placement itself was reasonable. Fort Lauderdale DUI attorneys can force them to disclose and provide information on why the roadblock was set up, which officers worked it or were present, and the conduct of each of the officers on the job. The police officers must comply with these requests, and the information as well as the officers’ records will be put “under the microscope” as provided by the United States Constitution.

The courts have accepted a constructed test by which officers and police departments must adhere. This test has strict guidelines as to when, why, and where they are allowed to place checkpoint-roadblocks. Specifically, the police department must provide a good reason for why each and every roadblock was an effective means of crime prevention, and they must prove that those same checkpoints were constitutionally viable. This is a daunting task and often a difficult argument for an inexperienced county prosecutor to make.

What type of procedures are used at the DUI checkpoint?

In Florida the law mandates that police departments provide adequate lighting, safe conditions and a host of other things to drivers. They are required to, and must have an accepted and affirmative plan for which cars they are going to stop and for how they are going to perform the routine checks. The big plus about this defense process is that it affords Fort Lauderdale DUI lawyers a lot of leeway in questioning the details and fairness of a roadblock. Many things have to be done in certain, proscribed manners, and done correctly. The moment any Florida police department deviates from the accepted and mandated policy, a motion to suppress the evidence will be filed. Such motions can often lead to the exclusion or dismissal of the evidence, which can allow for a motion to dismiss the case itself. These are the things that a competent attorney such as those at Musca Law can easily explain to you. For this reason, it is often possible to get rid of the roadblock evidence entirely.

If you have been charged with DUI due to a roadblock, contact Musca Law immediately, as some of your best defenses are time-constrained. A skilled Fort Lauderdale DUI lawyer will walk you through your available options.

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.