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Checkpoint arrests thrown out, not legal, Supreme Court rules

In an important moment for Pennsylvania, the Pennsylvania Supreme Court made a ruling that changed the way DUI checkpoints would be used in the state.

With sobriety checkpoints, there are usually DUI task forces that help stop drivers and take those who are intoxicated off the road. However, there’s a catch. If that DUI task force isn’t authorized, it can’t be used.

Since the West Hills DUI Task Force hadn’t been authorized by elected officials, at least one person has had their DUI arrest and conviction thrown out.

The biggest problem is that the police can’t set up multi-jurisdictional task forces to arrest people unless an elected official approves the mission. Without input into the decision from elected officials, the mission isn’t legitimate.

Since there was no authority to pull over motorists, this case and ruling could affect thousands of people. The West Hills DUI Task Force had arrested at least 700 drug or drugged drivers in the last 15 years. While those checkpoints were effective, they simply weren’t legal.

If you were stopped and face a DUI charge because of a multi-jurisdictional task force like this one, and the task force was not approved, then you could have the charges thrown out in court.

Your attorney can talk to you more about the laws and what happens if you are arrested when the police have no authority to do so. You may be able to clear your name and get back to your normal life without the risk of a DUI affecting your record in the future as a result of the officers’ mistake.

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Louis Emmi

Louis Emmi