In a recent case from our NC Court of Appeals, the Appellate Court vacated a Defendant’s DWI conviction on the grounds that there was not enough facts to support the checkpoint set up by law enforcement. The issue was whether the stop of the Defendant’s vehicle was a constitutional violation or not. The Appellate Court remanded the case back to the trial court for further findings on the facts regarding the checkpoint in order to make that call.
The facts in State of North Carolina v. Robert w. Ashworth involved two NC State Troopers who decided on a whim to put up a checkpoint at an intersection in Orange County. Although they made an attempt to comply with the law and the policies of the NC Highway Patrol, they fell short on showing that the checkpoint, which constitutes a seizure under the law, was tailored in such a way that it advanced a public interest.
The Court with its ruling in this case gives a clear indication that it will not give a “rubber stamp” to checkpoints that do not appear to meet constitutional muster. State of North Carolina v. Ashworth, No. CoA 15-279 (August 2016).
If you or someone you know needs legal representation for a DWI or any other criminal charge, please contact me for a free consultation. It is imperative that you know your rights and I look forward to helping you through this difficult situation.