Are roadblocks legal in Georgia?

With New Year’s Eve tomorrow, there will surely be an increase in roadblocks or “safety checkpoints” on Georgia’s roads.  Quite a few citations and arrests can and will occur as a direct result of these roadblocks, including DUIs, warrants, and other traffic violations. 

Recently, I was asked if it is legal to be stopped at a roadblock.  Georgia Courts have held that there are four factors that need to be satisfied to be a legitimate roadblock.

1.    The decision to have a roadblock has to have been made by a supervisor.  A regular traffic officer or trooper cannot decide just to start stopping everyone on the road whenever he or she feels like it. 

2.    All vehicles must be stopped.  This prevents profiling or singling out any particular group or type of vehicle.

3.    The delay must be minimal.  Keep in mind that you personally believe is minimal is irrelevant; it’s what the judge believes to be minimal.

4.    The roadblock must be easily identifiable as a roadblock to passersby. Usually there will be traffic cones, flashing lights and signs indicative of a roadblock.

Now, whether you believe that the roadblock you are in line for is legal or not, it’s in your best interest to comply with the officers. Leaving a lane to avoid a roadblock or backing up or making a u-turn in sight of an officer conducting a roadblock will only raise officer’s suspicions that you may have something to hide, thus eliminating having to prove the roadblock was valid in the first place.

Avoiding a roadblock because you believe it was illegal will not be a defense in court. However, a competent, experienced defense attorney may be able to show that the roadblock was illegal, based on the facts involved in the case and the reasons for the roadblock and could help have evidence gathered against you thrown out.

If you’ve been charged after being pulled over in a roadblock, call us at 678-609-8724 or contact us online to schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom.