DUI case overturned in Kentucky Supreme Court

LOUISVILLE, KY (WAVE) - A DUI case from Marion County is setting precedent in Kentucky for setting up and executing DUI checkpoints and roadblocks.
 
The Supreme Court of Kentucky overturned a DUI conviction because a Kentucky State Police checkpoint violated the Fourth Amendment of the U.S. Constitution and Section 10 of Kentucky Constitution.

According to a court case in Marion County, Billy Cox was convicted of driving under the influence after being stopped at a roadblock. The documents state Cox was stopped for not wearing his seatbelt but a trooper smelled alcohol on his breath and he ultimately failed three sobriety tests. But the court of appeals found that the KSP roadblock violated search and seizure law so Cox's conviction was overturned.

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Attorney and law expert Ron Aslam said DUI roadblocks must apply to very specific rules so they don't violate search and seizure right as stated in a previous case called Commonwealth v. Buchanon.  
 
"I think a lot of people will look at this case and say it looks like a drunk driver got off on a technicality. But it's really not a technicality. I think what they are saying is it's more important to protect the masses by having these Fourth Amendment rights."
 
Roadblocks must follow these four guidelines set by Commonwealth v. Buchanon; A roadblock must be organized by a law enforcement supervisor, it has to have specific guidelines for how to stop cars, be readily apparently and visible to drivers and drivers cannot be stopped for too long.

"Ultimately when people follow the Cox case, in order to really do roadblocks you'll really have to follow the guidelines to a tee," Aslam said. "Cox told us, if you're not really following those rules, it's not valid, it's not fair to the citizens so no evidence can be used."
 
In this case, evidence against Cox was deemed invalid because the roadblock was not "readily apparent to approaching motorists."
 
A DUI case being thrown out is tough for organizations like MADD, who work to get drunk drivers off the road.
 
"It's a lifelong journey when you lose someone or even survive a crash," MADD Victim Advocate Represenative Rosalind Donald said, "every life lost is another reason why we support sobriety checkpoints."
 
Because the case was overturned in Kentucky's Supreme Court, it will set precedent across the Bluegrass State and, according to Aslam, it may mean less DUI checkpoints.

"I think the ultimately result of this is that we will see a lot less roadblocks. I don't think it's going to change the number of DUI cases in Kentucky or the number of DUI convictions," Aslam said, "I think it will only change how smaller counties go after DUI cases."

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