Virginia Driving Influence Roadblock Seizure Lawyers Attorneys

Virginia Driving Influence Roadblock Seizure Lawyers Attorneys

by

Atchuthan Sriskandarajah

Jimmy Dale Lowe v. Commonwealth of Virginia

Supreme Court of Virginia

November 27, 1985

Fact Summary:

Defendant was stopped at a roadblock established for the purpose of checking the sobriety of motorists and was charged with

driving under the influence of alcohol

. At trial, defendant filed a motion to suppress all evidence derived from the stopping of his vehicle on grounds that his constitutionally protected right against unreasonable seizures were violated. The trial court denied the motion and convicted defendant.

Issue:

Whether seizure of defendant under the roadblock was unreasonable under the Fourth and Fourteenth Amendments to the United States Constitution, and art. I, 10 of the Constitution of Virginia?

Observation and Holding:

The Court concluded that the trial court correctly ruled that the seizure of defendant upon the initial stop at the checkpoint in question was constitutionally valid. Balancing the State’s strong interest in protecting the public from the grave risk presented by drunk drivers, against the minimal inconvenience caused motorists approaching the roadblock, we hold that the action of the police in this case was not an

impermissible

infringement upon defendant’s reasonable expectation of privacy. The Charlottesville system is safe and objective in its operation, employs neutral criteria, and does not involve standardless, unbridled discretion by the police officer in the field.

Even though DUI roadblocks had been in operation only for a brief period, tangible results appeared that were not evident under traditional methods of detection. Moreover, the deterrent effect of, such a highly publicized program is obvious; such a visible project is bound to increase the perceived risk of arrest in the minds of those drunk drivers who are never arrested.

Accordingly, the defendant’s conviction is affirmed.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia,

Maryland

, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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