Laws may have been violated during DWI checkpoint

Published: Sep. 12, 2012 at 9:12 PM CDT
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BATON ROUGE, LA (WAFB) - Baton Rouge Police pulled over 1,782 motorists on August 25 during a DWI checkpoint on 10th Street. Down the street at the River Center the LSU Tiger Tailgating rally and a rodeo were going on. Forty four people were arrested for DWI that night.

Defense Attorney Glen Delatte says the laws governing checkpoints may have been violated that night. "There should have been an exit once you pass through the sign which indicates there is a road block ahead for four or five hundred feet; that's listed in the check point criteria," says Delatte.

He also believes that whoever represents those arrested will have a decent defense. "There's a whole bunch of wiggle room anytime you have specific requirements (for a checkpoint)," says Delatte. "People tend to fudge a little, they tend to give their interpretations of what the statute means and apply it accordingly."

West Baton Rouge Parish prosecutor Tony Clayton says District Attorneys have to wrestle with the restrictions around checkpoints but says at the end of the day, drunk drivers usually get convicted. A first offense DWI conviction carries a six month sentence and a $1,000 fine.

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