Criminal DUI Roadblocks: DUNLAP V. COM. (COA; 4/7/2006)

DUNLAP V. COM.
CRIMINAL  –  DUI Seatbelt Roadblocks
2004-CA-002058
PUBLISHED (COA)   
AFFIRMING (JOHNSON)
DATE:  4/7/2006

Dunlap was stopped at a roadblock in Carroll County as part of the "Buckle Up Kentucky" highway safety campaign.  Upon approaching his vehicle, an officer smelled alcohol.  Dunlap then failed a series of field sobriety tests.  The district court denied his motions to suppress, and Dunlap entered a conditional guilty
plea to DUI.  The circuit court affirmed his conviction.  The SC granted discretionary review and held that the seatbelt roadblock was minimally intrusive and did not involve the exercise of unfettered discretion by law enforcement officers.  Consequently, the roadblock did not offend the federal or state constitutions.
Digested by Stephen Keller

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.