When heading out of either Truist Park or Mercedes-Benz Stadium, be aware of the following police maneuvers:
Atlanta is a top South region sports and entertainment city. Every weekend, tens of thousands of fans fill Mercedes-Benz Stadium to cheer on the Falcons or Atlanta United, and thousands pack The Battery to cheer on the Braves at Truist Park. After a big win, you can expect to drink a few ice cold beers, cold brew coffee, and have some tailgating with friends. But at the end of the game, as the whistles sound and the crowds rush to their cars, the cops and the specialized DUI task forces are already in place. These large venues are surrounded by police checkpoints in more situations than you may think, and knowing what to expect can mean the difference between getting home and spending the night in jail.
While a roadblock or DUI checkpoint is a powerful tool for law enforcement, it is NOT a free pass for the law enforcement to trample upon your constitutional rights in the state of Georgia. Checkpoints are permissible, but only when police officers strictly follow certain guidelines, the Georgia Supreme Court and the U.S. Supreme Court have determined. A police officer can’t just close an intersection near The Battery just because he believes he may intercept some drunk drivers. A supervisory officer, having clear legal authority, must approve the checkpoint in advance. The area must have a specific mission that is clearly related to the public safety and the public should be advised of the roadblock in general. In addition, officers are required to stop vehicles according to a predetermined and neutral plan which may include stopping every car, every third car, etc. They are not allowed to choose vehicles at random, on the basis of a driver’s appearance or based on a hunch.
After major sporting events, the drivers who arrive from the stadium at checkpoints can expect a very smooth process that gathers incriminating evidence. The officer already has a covert investigation underway when he rolls down your window to take your driver’s license. They are instructed to observe and detect any evidence of intoxication, including bloodshot eyes, open containers, slurred speech and the smell of alcohol. The officer will also ask you seemingly innocuous questions, including where you are coming from and how much you have had to drink.
It’s the exact time when many drivers make crucial errors. It’s legal to turn around and avoid a checkpoint if you see it in front of you – as long as you make a legal maneuver behind the wheel, such as safely turning down a side street without committing any traffic offenses. If you make a U-turn legally or drive around the roadblock in an illegal fashion, however, officers stationed near by will have probable cause to pull you over as soon as the maneuver is made. At the checkpoint, you must submit your name, address, driver’s license, vehicle registration and proof of insurance. You are not obligated to respond to questions other than those listed in the question. It is not necessary to disclose how many beers you had at the stadium and you have the absolute constitutional right to be courteous and say you want to remain silent.
When the officer suspects you are intoxicated, he or she is likely to move you to another area of the field and out of the vehicle. They will request that you do standardized field sobriety tests. It is important to realize that State of Georgia field sobriety tests are voluntary. You may refuse these,” said the roadside gymnastics, politely. The flashing lights of police officers aren’t a good sign of a fair test to take. The side of the busy road with flashing lights after the loud game isn’t a fair test to take, and the police officers generally use these tests to create probable cause for arrest. You also can refuse the portable, hand-held breathalyzer test at your window. It is important to note that by challenging a post-arrest chemical test of your blood, breath or urine, you may be subjecting yourself to an administrative license suspension under implied consent laws.
If you’ve been arrested, you should also keep in mind that arrest is not necessarily a conviction. One of the more popular and frequent defenses against a DUI charge is the lawfulness of the stop. The police department’s failure to get proper supervisory approval, or its failure to uniformly stop vehicles or to keep drivers waiting for an unreasonable period of time could render the entire checkpoint unconstitutional. If a judge concludes a checkpoint violated the Constitution, he or she may throw out all evidence collected at the stop, sometimes even dismissing all charges.
The rules surrounding police checkpoints are very difficult to understand and involve a lot of technicalities, so do not try to fight an arrest of yourself or your loved one at a roadblock. You’ll need an aggressive legal representative who knows how to subpoena dispatch records, review command staff authorizations, and review body camera footage to uncover violations of procedure. It is essential to work with an experienced lawyer in Atlanta DUI so that you are able to maintain your driving license and avoid any permanent conviction. Upon being stopped and arrested following a Braves or Falcons game, the best thing you can do is contact a trusted DUI Attorney in Atlanta, like James Yeargan. A trusted expert will examine all the details of the police checkpoint, creating a strong case to secure your freedom.
