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Baton Rouge Judge Suppresses Evidence in DWI Conviction

Posted on Oct 3, 2013 in DUI/DWI, Local Issues

The Louisiana Supreme Court has long upheld the constitutionality of DUI checkpoints. However, certain guidelines have been in place to ensure that Police Officers do not infringe on any constitutional rights. In Baton Rouge, adherence to these guidelines have been challenged. Baton Rouge City Court Judge Yvette Alexander ordered all evidence be suppressed on the premise that the Baton Rouge Police Department erroneously conducted a DUI checkpoint. Per the guidelines set forth by the Louisiana Supreme Court, the location, time and duration of a checkpoint should be in writing and must be established by supervisory or other administrative personnel rather than the field officers implementing the checkpoint. Proof that the same officers were performing both tasks in clear violation of the guidelines caused the Judge to suppress the evidence needed to prosecute the case. This matter is now on appeal. Although, we firmly believe that drinking and driving is a bad mix, this revelation could bring DUI checkpoints under much scrutiny. Check out the full story: http://theadvocate.com/columnists/7104853-55/inside-report-dwi-checkpoints-being Never drink and drive. If you are planning on drinking, always use a designated driver. If you are intoxicated and you do get a DWI, please don't hesitate to call Seth Bloom at Bloom Legal for a consultation. There is nothing easy about dealing with a DWI charge. Let Seth help you through this tough and complicated time. Call Seth Bloom at Bloom Legal, (504) 599-9997, or email info@bloomlegal.com.

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