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Roadside Safety Check/Roadblock DUI
Arrests
 During holiday weekends,
many Police Departments throughout Illinois conduct roadside
safety checks/roadblocks ostensibly to ensure that motorists
are using safety belts, have secured children in appropriate
child restraint seats, and maintain current insurance for
their vehicle. In many instances, these are multi-department
operations, i.e., officers from a local Police Department
and Deputies from the County Sheriff's Police Department,
officers from a local Police Department and Troopers from
the Illinois State Police, or even a combination of officers
from all three Police Agencies, participate in and operate
the roadblock.
In actuality, roadside safety checks/roadblocks are
established to determine if motorists are committing the
offense of Driving Under the Influence (DUI). The United
States Supreme Court has ruled that roadside safety checks
are not an impermissible intrusion on a motorist's 4th
Amendment rights, and are necessary to prevent danger on our
roads and highways. The United States Department of
Transportation provides funding to each State, usually to
the State's Department of Transportation or equivalent
Department. In Illinois, after receiving funding from the
United States Department of Transportation, the Illinois
Department of Transportation (IDOT) provides Roadside Safety
Check (RSC) grant funding to the Illinois State Police. Upon
application from individual Police Departments, the Illinois
State Police distributes and provides the grant money to
local Police Departments to operate a roadside safety check.
Troopers from the Illinois State Police usually lead a
roadside safety check operation.
 Many people believe that if they are stopped and arrested
for DUI at a roadside safety check that they have no chance
of challenging or beating their charge. Although difficult,
a roadside safety check DUI arrest can be challenged. In
order for a roadside safety check to pass constitutional
muster, law enforcement officials must conduct the roadside
safety check operation in accordance with National Highway
Traffic Safety Administration (NHTSA) standards, Illinois
State Police Directives, and Illinois Supreme Court
decisions.
Some factors which must be evaluated to determine if law
enforcement personnel conducted a proper roadside safety
check operation:
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Who decided to
establish the roadside safety check?
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Who selected the site
for the roadside safety check?
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Did law enforcement
personnel prepare and implement a written policy or
procedure to conduct the roadside safety check?
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What was the selection
criteria for stopping vehicles?
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Did law enforcement
personnel deviate from the written policy or procedure?
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Did law enforcement
personnel provide adequate warning to approaching
motorists regarding the roadside safety check?
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Did law enforcement
issue a press release before the establishment of the
roadside safety check advising the community of the
impending roadblock?
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Did law enforcement
personnel video-record the entire roadside safety
check operation?
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Did law enforcement
personnel set up the roadblock in such a manner to
ensure the safety of motorists?
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Did law enforcement
personnel permit motorists to avoid the roadside safety
check?
If you, or a friend, have
been charged with the offense of DUI as a result of a
roadside safety check operation, please contact David B.
Franks of Franks & Rechenberg, P.C.
Franks & Rechenberg,
P.C. represents those charged with DUI in McHenry County and
DeKalb County.
Experience counts. Results matter.
FRANKS & RECHENBERG, P.C.
1301 Pyott Road, Suite 200
Lake in the Hills, IL 60156
Phone: 847-854-7700
Fax: 847-854-7848
DISCLAIMER: This site contains
general information that is intended, but not guaranteed, to be
correct, complete and up-to-date. It is not intended to be a
source of legal advice. You should not rely on the information
in this site and should always seek the advice of a competent
lawyer.
Franks & Rechenberg, P.C. handles McHenry County
DUI (Driving Under
the Influence) charges. Cities, towns and villages in McHenry County
include: Algonquin, Barrington, Bull Valley, Cary, Crystal Lake, Fox Lake, Fox
River Grove, Harvard, Hebron, Holiday Hills, Huntley, Island Lake, Johnsburg,
Lake in the Hills, Lakemoor, Lakewood, Marengo, McCullom Lake, McHenry, Oakwood
Hills, Port Barrington, Prairie Grove, Richmond, Spring Grove, Union, Wonder
Lake and Woodstock. If you were arrested for Driving Under the Influence (DUI)
in McHenry County call Franks & Rechenberg, P.C.
Franks & Rechenberg, P.C. handles DeKalb County DUI (Driving Under the Influence) charges. Cities, towns and villages in DeKalb County include: Charter
Grove, Clare, Colvin Park, Cortland, DeKalb, Elva, Esmond, Fairdale, Five
Points, Genoa, Hinckley, Kingston, Kirkland, Malta, McGirr, New Lebanon, Rollo,
Sandwich, Shabbona, Somonauk, Sycamore, Waterman and Wilkinson. If you were
arrested for Driving Under the Influence (DUI) in DeKalb County call Franks &
Rechenberg, P.C.
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