September 18, 2013 | OVI / DUI Law

Roadblocks and check points have become more common in the detection of Columbus, Ohio OVI cases.  They are considered to be stops and thereby trigger the Fourth Amendment.  However, there are a number of factors that must be balanced.

The validity of checkpoints must be determined on a case by case basis by evaluating the intrusion on privacy, the state interest in maintaining it, and the extent to which it advances the state’s interest.

To determine the constitutionally of the checkpoint, the Supreme Court of Ohio established a three  part balancing test.

1. There must be support in the record of a grave governmental concern;

2. the checkpoint must reasonably advance the state’s interest;

3. and the degree of intrusion on the motorist must be slight.

After much litigation, the Second District held that all of the following conditions must be met when determining if the stop is legal:

1. the location must be safe and visible to oncoming motorists;

2. there must be adequate warning signs, illuminated at night, informing approaching motorists of the upcoming intrusion;

3. there must be uniformed officers present, in sufficient quantity, to show police power;

4. and there must be a pre-determined location, time and procedure to be employed.

If you have been stopped and charged with an OVI based on a checkpoint in Columbus, Ohio, make sure your lawyer assess the case in full as it relates to the checkpoint.  A Columbus OVI attorney can determine whether the case may be challenged on the grounds that the roadblock was unconstitutional.