Turning around at a sobriety checkpoint is not enough of a reason to warrant a police stop, the Pa. Supreme Court has ruled in an apparent issue of first impression. In 1993, police set up a sobriety checkpoint, assigning one car to the duty of stopping any motorists who turned around. Joseph Scavello saw the roadblock and made a legal U-turn. The police stopped Scavello and gave him a field sobriety test, which he failed. He was later convicted of DUI. The recent decision entitles Scavello to a new trial.
July 06, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Turning around at a sobriety checkpoint is not enough of a reason to warrant a police stop, the Supreme Court has ruled unanimously in an apparent issue of first impression.
“Being engaged in a systematic program of checking vehicles is something that occurs at the roadblock; it does not occur at some other location distant from the roadblock, for at that location there is no systematic program of checking,” Chief Justice John P. Flaherty wrote.
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