DUI CHECKPOINT QUESTION

[bogey1]

a friend of mine was stopped at a DUI check point in july on the rt 1 bypass between 252 and 352 about a half mile before the bottleneck.
my question is, isnt there supposed to be an outlet (side street) to turn off a certain amount of distance from a checkpoint?


if you are familiar with that area, there are no exits between 252 and 352.
also, they wont tell him is BAC until this tuesday in court..
thanks, bogey1....

[Lastdefender]

I am unaware of any such requirement? have your friend consult a lawyer and see if ARD is a good option.

[ABuck]

No, according to what I have read, there does not have to be a turn off.
You can do a search on "Commonwealth v. Pacek."
A quick search turned up this on the subject.
http://www.testsymptomsathome.com/PD...heckpoints.pdf
http://philadelphiaduiattorneyblog.c...heckpoint.html

I find the "Commonwealth v. Scavello" ruling interesting, in that if you can make a legal U-turn, they cannot stop you based on that. I don't drink and drive, but I'm sure it could be "interesting" to put this one to the test, and see what would come of it, if anything. Definitely a situation to have a camera AND voice recorder rolling though.

A DUI can have some major repercussions, so I hope your friend was under the limit, and it all works out for them.

[MischaBurns]

they don't have to give you a turn off before, but nothing's keeping you from turning around i do it to avoid dealing with their "papers please" BS

[bogey1]

they don't have to give you a turn off before, but nothing's keeping you from turning around i do it to avoid dealing with their "papers please" BS

where this checkpoint was set up there was no way to exit, turn around. you are trapped with no way out but to go through checkpoint.

[whoshisface]

You can find out everything before the trial by filing the paperwork to do so. They cannot withold evidence from the defense. Get a freaking lawyer, or your friend.

a friend of mine was stopped at a DUI check point in july on the rt 1 bypass between 252 and 352 about a half mile before the bottleneck.
my question is, isnt there supposed to be an outlet (side street) to turn off a certain amount of distance from a checkpoint?


if you are familiar with that area, there are no exits between 252 and 352.
also, they wont tell him is BAC until this tuesday in court..
thanks, bogey1....

[BimmerJon]

I kinda remember a requirement that there needs to be a turnoff street to be able to avoid the DUI stop. Forget where I read it.

You also can make a legal U-Turn or turn off before the checkpoint and that is NOT RAS for you to be pulled over.

[bogey1]

You can find out everything before the trial by filing the paperwork to do so. They cannot withold evidence from the defense. Get a freaking lawyer, or your friend.

he does have a lawyer, i dont know how good he is though.

[bogey1]

I kinda remember a requirement that there needs to be a turnoff street to be able to avoid the DUI stop. Forget where I read it.

You also can make a legal U-Turn or turn off before the checkpoint and that is NOT RAS for you to be pulled over.

this is why i posted this, i swear i read it somewhere that there has to be an outlet before the checkpoint..just cant remember where

[BimmerJon]

this is why i posted this, i swear i read it somewhere that there has to be an outlet before the checkpoint..just cant remember where

I'm pretty sure SOME states require a turnoff....but....PA

Even with the states that do allow sobriety checkpoints, there are some interesting interpretations on its checkpoint laws. It seems generally that most states allow a motorist to make a legal U-turn or turn off a side road and not need to go through the checkpoint.

Pennsylvania Has been made legal under state and federal Constitution.

Under Commonwealth v. Pacek, 691 A.2d 466 (Pa. Super. 1997), "a checkpoint does not have to provide a legal means of avoidance."

"Checkpoints must be located in area where DUI is prevalent." Commonwealth v. Blee, 695 A.2d 802 (Pa. Super. 1997).

"Legal U-turn in advance of checkpoint does not justify a stop." Commonwealth v. Scavello, 703 A.2d 36 (PA. Super. 1997)