12/1/2005New Hampshire Judges Throws Out Roadblocks
Portsmouth, New Hampshire District Court judge rules unannounced DUI roadblocks unconstitutional.
Portsmouth, New Hampshire District Court Judge Sharon DeVries yesterday found the unannounced police roadblocks conducted on July 8 and 9 were unconstitutional. The ruling dismissed driving under the influence charges made against five individuals.
DeVries relied upon a 1986 New Hampshire Supreme Court ruling which suggested advance warning was a pre-requisite for a legal roadblock.
"The evidence in this case establishes that, in actuality, no aggressive advance notice to the public or envisioned advance publicity of this proposed sobriety checkpoint took place," DeVries wrote in her ruling.
Eleven others arrested at the roadblocks may seek to have their cases overturned.