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Archive for the ‘DUI Checkpoints’ Category
Monday, March 19th, 2012
Drinking and driving is a serious crime that can occur not only in your state, but also in your very own backyard. Whether you know it or not many individuals everyday participate in driving while under the influence of alcohol or other drugs that can seriously affect an individuals response on the roads, and can ultimately contribute to the injury or death not only to themselves, but all others on the roadways. When you drink and drive you are ultimately contributing to the potential for an accident to occur, which impacts your life and all others around you.
Today, the United States is within an economic recession, which impacts not only our saving, but our spending as well. We are trying to cut the costs of things that are either a luxury, or simply just not meeting its true purpose and point. One thing that can easily be seen not doing both is that of DUI checkpoints.
When a DUI checkpoint occurs it not only takes a great deal of time and effort, but money as well. Officers not only have to use gas in vehicles to get to these locations, but they also have to close down roads and highways that can impact others and their gas as well.
DUI checkpoints are not only costly, but in a way a bit pointless. Studies show that DUI checkpoints only gain about one or two individuals that are legitimately drinking and driving to justice, while everyone else is other held up on their time, or they can also easily be falsely accused of drinking and driving. With our resources not producing the results that should be project many have begun to ask the question “Why?”
Most of the time, officers who are individual conducting speed traps are more likely to observe, and catch a person who is committing a DUI crime. However, at a DUI checkpoint you will only see maybe one or two individuals who are caught since their locations are made publically known.
With a recession at hand and results not, we should forward to the future with law enforcement using a more effective method in order to make our roads safer and sounder. If you are falsely accused of drinking and driving when going through a DUI checkpoint you are entitled to fight for your rights and your reputation. Make sure that when this occurs that you have a dedicated, and committed lawyer by your side in order to get you the results you need and deserve.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Attorney
Posted in DUI, DUI Checkpoints | Comments Off
Tuesday, February 21st, 2012
Today, we live in a world of fast-pace living. The moment we wake up in the morning we then begin thinking instantly of what has to be done, when it has to be done by, and after we finish that task what needs to be done next. However, this process does not occur just one day, but everyday of the week and even on the weekend. Luckily, today we have technology to help us ease into every aspect of our expectations from start to finish. Technology is even helping us by pass that of DUI checkpoints and roadblocks in order to finish our tasks in a timely manner.
When we hear that there is a DUI checkpoint out at night on the very road we are currently driving on, or simply before we even leave our start point we make it a priority to completely avoid it in any aspect at all. DUI checkpoints are timely processes that usually make individuals let in some manner whether it be for a personal, or professional event.
Many studies have been done that show that DUI checkpoints are not really helping, but hurting innocent individuals that pass through them. Some cases show individuals who have not had a drop of alcohol to drink and are perfectly capable of driving being falsely accused of drinking and driving. Yet, the most well known aspect of a DUI checkpoint or roadblock is for law enforcement officers to bring in tickets that are not even associated with drinking and driving.
Today, many websites, radio programs, and even applications on your cellular device show users not only where potential roadblocks will occur, but also when they will be there or if there are any changes to this. Although this is great for the honest man who is not in violation of any crime, what about the individuals who are drinking and driving who are now simply avoiding these roadblocks?
The United States is currently in the midst of an economic recession and everyone is counting and viewing money in a different way. However, roadblocks cost money, and a lot of it, which ranges from paying for gas for all of the officers, to even the equipment that is being used.
Either way, if roadblocks are not producing the results that are not only needed, but also ultimately intended for, what is the point in having them altogether?
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: Pittsburgh DUI Lawyer
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Tuesday, January 17th, 2012
As we grow up through the ages we are expected to learn proper behaviors by our parents, teacher, and even peers. We are taught that good behaviors get rewarded and end up allowing everyone to prosper, while negative ones impact others and ourselves around us with bad consequences. From each lesson we are expected to take a moral away from it and apply it to our lives in the future as students, adults, spouses, and parents. However, how do we actually define what is good versus what is bad, or furthermore what is even necessary?
Today, it is a known fact that the United States is in an economic recession, which means everything and everyone is budgeting as carefully as possible. Yet, DUI checkpoints are still being used as a method to try to round up those drivers that are drinking and driving under the influence of alcohol and other drugs. Studies show that the checkpoints are actually not helping as much as one might think they are, but actually hurting. Hurting how? Economically, DUI checkpoints costs rise in a matter of moments due to the amount of officers needed, gas for vehicles, equipment, and even to close some public roads down temporarily.
Even though the checkpoints usually come in handy during the holiday season and present results that satisfy many then, the use of them randomly throughout the year is not really getting us anywhere. Although safety is one of the utmost priorities for all many people are trying to look at everything these days from a financial aspect.
However, checkpoints also give leeway to the possibility of a DUI falsification against an individual causing more money to be brought to the table where there presently is none.
Overall, with a new year at foot old way should be viewed at with a new perspective. A perspective that not only addresses old problems, but brings new ideas to the table in order to economically solve issues at hand.
When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!
Tags: DUI lawyer in Pittsburgh
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Friday, July 1st, 2011
While we are rapidly approaching the Fourth of July holiday weekend with the predictable DUI sobriety checkpoints, the number of sobriety checkpoints in Pennsylvania may soon decline. The U.S. Department of Transportation is cutting funding to Pennsylvania for DUI enforcement by a third. Pennsylvania officials have already indicated that they will be cutting back on the number of non-holiday DUI sobriety checkpoints.
Although the number of DUI arrests in Pennsylvania has increased annually during the last nine years, but how this data should be interpreted is open to debate. Law enforcement officials argue that the growing number of DUI arrests each year reveals that stricter enforcement including DUI checkpoints has been effective in catching drunk drivers. However, the evidence is equally open to the opposite inference. If increased Pennsylvania DUI penalties, stricter enforcement and DUI sobriety checkpoints are discouraging drunk drivers, one is left to wonder why the number of DUI arrests in Pennsylvania are not declining.
Fewer drunk drivers on Pennsylvania roadways would seem to correlate more closely with less not more DUI arrests. Law enforcement authorities have said as much when trying to make the case that DUI roadblocks are an effective means of preventing drunk driving and alcohol related auto accidents. Erie County Chief Detective Larry Dombrowski has indicated that DUI checkpoints increase awareness of DUI enforcement, which deters drivers. He also indicates that word of DUI checkpoints gets out quickly because of improved communication technology like text messaging which encourages drunk drivers to stay home to avoid a DUI arrest. Dombrowski also suggests that discouraging drunk drivers from taking to Pennsylvania streets and highways is the goal of DUI checkpoints. If the number of DUI arrests has risen each of the last nine years, it does not seem like intoxicated drivers are staying home.
The cuts to local DUI law enforcement is expected to make DUI sobriety checkpoints primarily available only on holiday weekends like the Fourth of July, Memorial Day, Thanksgiving and other holiday weekends. It is estimated the forty percent of all DUI related accidents during holiday weekends occur during holiday periods. During 2010, the federal government provided in excess of $6 million for DUI enforcement efforts. This amount is being cut to $4.3 million in 2011 and will fall to approximate $2.8 million in 2012.
The decreased enforcement may not impact all counties in Pennsylvania equally because different counties fund the cost of operating DUI checkpoints differently. For example, Erie County funds DUI sobriety checkpoints largely from court fees including the hundred dollar administrative fee charged to participants in the Accelerated Rehabilitative Disposition, which is a diversion program that can keep first time offenders from suffering a DUI conviction on their criminal record. Nonetheless, DUI checkpoints are a very expensive means to reduce drunk driving and alcohol related accidents.
It will be interesting to observe the impact of fewer DUI sobriety checkpoints on DUI arrests and more importantly alcohol related accidents. Our Pittsburgh DUI defense law firm does not endorse driving under the influence of alcohol but also believes that DUI laws and enforcement should be a cost effective means of obtaining the underlying policy goal of reducing alcohol related accidents.
Michael V. Worgul is committed to providing diligent representation to those arrested for DUI. If you are arrested during the Fourth of July holiday weekend for drunk driving, Michael V. Worgul is prepared to fight for your rights. We offer a free initial confidential consultation so call us today at (412) 475-9217.
Tags: DUI arrests in Pennsylvania, Pennsylvania DUI Penalties, Pittsburgh DUI defense law firm, sobriety checkpoints in Pennsylvania
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Tuesday, March 29th, 2011
You are driving home from Three Rivers Stadium or a sports bar after a Steelers game and have had a few drinks when you suddenly come upon a sobriety checkpoint. Although it comes as a surprise to you, the time and approximate location of the checkpoint was supposed to be publicly reported. Panic is almost inevitable when you realize that the police will stop your vehicle and ask you questions to determine if you have been drinking.
Sobriety checkpoints are legal in Pennsylvania, and Pittsburgh routinely conducts these roadblocks to look for intoxicated drivers. While law enforcement may conduct these roadblocks, they must follow certain protocol because just stopping and detaining a motorist without apparent cause is really a violation of the Fourth Amendment’s ban on illegal search and seizure. However, the U.S. Supreme Court has carved out what might be referred to as “the drunk driver exception” to the Fourth Amendment. The Highest Court in the land has upheld the legality of checkpoints by finding that the level of intrusion on a motorists Fourth Amendment rights may be outweighed by the dangers of drunk driving if the checkpoint is conducted with a minimum of intrusion.
The Pennsylvania Supreme Court, like many other states, has determined that sobriety checkpoints are legal as they further the state’s interest in promoting safe highways. However, law enforcement agencies must plan and operate these checkpoints with limited detention and minimal intrusion of the motorist’s privacy.
Checkpoints must follow a certain protocol:
- The checkpoints need to be court approved or approved by the District Attorney with the time and place based upon locations and times when intoxicated drivers are most likely to be on the roadways. This means that drivers should be very careful leaving Three Rivers Stadium or a sports bar following a Steeler game. The manner in which the vehicles are stopped must be based on an objective standard decided ahead of time and adhered to by law enforcement officials. This is designed to keep law enforcement honest so they do not engage in selective enforcement.
- Notice of the roadblocks must be given to the public through local television or newspapers, and motorists need to have sufficient warning of the sobriety checkpoint before approaching one. A motorist has the right to turn around and avoid a roadblock if they wish.
- There can be no physical search of the motorist, and the stop must be brief. If you exhibit slurred speech, an odor of alcohol, have bloodshot eyes, or give incoherent responses, the police can then ask you to perform field sobriety tests and ask that you take a breath or blood test.
- The main purpose of the roadblock must also be to prevent intoxicated driving and not for any other purpose, such as to screen for probation violators or to check for equipment violations.
Motorists who are stopped and arrested for DUI at a sobriety checkpoint may be able to mount a defense if law enforcement failed to follow established protocols and procedures. If you have been arrested for DUI after being detained at a field sobriety checkpoint, you should contact our experienced Pittsburgh DUI lawyer today for a free Pittsburgh DUI defense consultation.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Experienced Pittsburgh DUI lawyer, free Pittsburgh DUI defense consultation
Posted in DUI Checkpoints | Comments Off
Saturday, February 5th, 2011
Law enforcement agencies are increasingly using sobriety checkpoints to enforce DUI laws. With the Steelers playing in the Super Bowl on Sunday, it would not be surprising to find oneself running into a sobriety checkpoint. While courts have repeatedly upheld the legality of sobriety checkpoints, there are very specific procedures and guidelines that apply to sobriety checkpoints. If police fail to satisfy these strict procedures, an experienced Pennsylvania DUI defense attorney may be to have evidence obtained during your sobriety checkpoint stop suppressed which may result in the DUI charges against you being dismissed or reduced.
The U.S. Supreme Court established many of these procedures in the seminal case Michigan Department of State Police vs. Sitz. The Supreme Court’s decision balanced the government’s interest in preventing drunk driving against the degree of intrusion imposed by the stop of the motorist, which the court ruled did constitute a seizure under the Fourth Amendment. The court set forth some basic criteria with which the sobriety check point must comply for the “seizure“ to be reasonable. Any stop must be brief or just long enough to ask a few questions and observe apparent signs of intoxication like slurred speech, red watery eyes and the odor of alcohol. If the officer observes sufficient signs to support reasonable suspicion that a driver is impaired, the driver must be directed to a separate area for field sobriety testing and rules regarding detention and probable cause apply. Drivers who are stopped at the checkpoint and do not exhibit obvious signs of intoxication must be allowed to go on their way with no further delay.
Sobriety checkpoints also must be part of an ongoing traffic safety campaign and follow established departmental policy. Police are supposed to advise the public of the sobriety checkpoint by making an announcement through local media, but the police are not required to disclose the exact location.
An experienced DUI lawyer in Pittsburgh may be able to challenge evidence gathered at a sobriety checkpoint or even your Pennsylvania DUI arrest based on deficiencies in the planning and design of the checkpoint plan or the officer‘s conduct during the sobriety stop. It is important to keep in mind that the Supreme Court deemed that the primary purpose of a sobriety checkpoint cannot be to detect evidence of crimes or to arrest drunk drivers, but must be intended to safeguard the public by preventing drunk driving.
An experienced Pennsylvania DUI attorney will extensively analyze your arrest as well as the circumstances of the sobriety checkpoint to determine the appropriate legal and factual basis to suppress evidence obtained or the arrest.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options available under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: DUI Lawyer in Piitsburgh, DUI Sobriety Checkpoints in Pittsburgh
Posted in DUI, DUI Checkpoints | Comments Off
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