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DUI Checkpoints are Legal, So are Methods to Avoid Them.

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Google Says It Won't Pull DUI Checkpoint Evasion App

By Gabriel Perna | March 24, 2011 3:24 PM EDT

Reviewed by Attorney Elisabeth Pasqualini, Criminal Law Division Leader, Harrisburg, PA

Don't expect Google to remove apps that help users avoid DUI checkpoints -- the company says it is leaving the controversial apps on its Android Marketplace.

A source said the company only removes apps that violate its Android content policies and the apps in question do not appear to violate these policies.

Google says the DUI checkpoint evasion apps in question do not appear to violate its app policies.

Review by Attorney Pasqualini:

Checkpoints for driving under the influence are legal in PA, so long as conducted pursuant to guidelines.  Those guidelines are the reason why Google, Android, and Apple Apps are able to exist.  Here's what you need to know:

- Must be a momentary stop to allow the police to make a brief observation of the driver;

- Not a physical search of the driver, vehicle or its occupants;

- The existence of a roadblock must be so conducted as to be ascertainable from a reasonable distance or otherwise made knowable in advance (this may be accomplished by an advertised entry in a local paper);

- The decision as to its time and place, should be matters reserved for prior administrative approval, thus removing the determination of those matters from the discretion of police officers in the field;

- The determination on which vehicles to stop must be made ahead of time by objective standards, not officers in the field;

- The commonwealth is not required to produce statistics to show that a chosen sobriety checkpoint area is one likely to be travelled by intoxicated drivers; and

- Do not need to afford motorists the opportunity to avoid the checkpoint.

If you have questions concerning checkpoints or your case, contact the team at Shaffer & Engle Law Offices, LLC for a free consultation.  You may call toll free at the number above or email us.

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