The legality of DWI checkpoints has come into question in a number of recent New Hampshire cases.
One such case came into question last summer when more than 800 cars were pulled over at various checkpoints across the state of New Hampshire. Ten arrests were made from these stops, and a guilty verdict with regard to the arrest of Christopher Shields was just issued this week, declaring checkpoints to be statutorily legal.
According to the Boston Herald, the attorney for this particular case claimed the “roadblock was illegal because the process by which cars were stopped was not random as required by law.” The Judge decided otherwise.
District Court Judge Morrison did not issue an official decision with his verdict. Essentially, this decision provides there is no legal precedent from which future cases can cite. While prosecutors claim Judge Morrison”s decision paves the way toward a consensus on DWI checkpoint legality, police officers expect challenges with checkpoint arrests to continue.
New Hampshire residents should expect to see many more checkpoints over the course of the summer, and potentially this Memorial Day Weekend. While some residents may be outraged or question checkpoint legality, the important point to remember is safety. If you are not safe to drive, don”t drive. It may seem to be common sense, but most of us have been in the position of making unsafe decisions.
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