704-342-4357

Checking Stations in Mecklenburg County

Checking Stations in Mecklenburg County

DWI Checkpoints are relatively common in Mecklenburg County, North Carolina.  Many are established by the Charlotte-Mecklenburg Police Department CMPD pursuant to the North Carolina Governor’s Highway Safety Program.

It is a complicated area of law, controlled both by North Carolina General Statutes (NCGS) 20-16.3A  and appellate court case law.

Checkpoints are somewhat unique in that people are stopped and questioned without having had committed, or even being suspected of violating a criminal or traffic law.

Normally either “reasonable suspicion” or in some instances, “probable cause” is required prior to “seizure” by law enforcement. License checks and DUI checkpoints are subject to a fair amount of scrutiny by legal counsel and the courts.

Generally speaking, sobriety checkpoints are established:

  • Using a “primary programmatic purpose,” where the Courts review the rationale for stopping motorists on a particular roadway and time; and,
  • Limited in duration and scope; and,
  • Narrowly tailored to achieve the objectives or “purposes” of the checkpoint; and,
  • Do NOT allow discretion by individual officers in determining what particular vehicles to stop; and,
  • Operated subject to a checkpoint plan or policy; and,
  • Subject to supervision by senior level Law Enforcement.

If you, a friend or family member has been charged with a violation of N.C.G.S. 20-138.1 (Driving While Impaired) in North Carolina, please feel free to call NC criminal law firm Powers Landreth today. Confidential initial consultations are free of charge.

Share Button
Bill Powers
Founding Partner at Powers Landreth PLLC