Avoiding Illinois Roadblocks

 Posted on March 16, 2016 in Traffic Offenses

Most Illinois drivershave encountered a law enforcement imposed roadblock during their time. Law enforcement use roadblocks to conduct DUI checks, while also completinglicense checks and tags and registration checks on the drivers and their vehicles that pass through the roadblock. However, drivers may not understandtheir rights when it comes to roadblocks. In the event you encounter a roadblock, it is important to understand your rights.

Avoiding a Roadblock Before You Get to It

Many people can tell when they are approaching a roadblock. Traffic backs up, flashing lights are seen in the distance, and some vehicles mayturn around to find an alternative route. As a driver, youmay not be interested in waiting in order to proceed through the roadblock. You maybe in a hurry to get home after work, mayknow a shortcut around the roadblock, or maysimply lack the patience required to answer probing questions from law enforcement. Whatever your driving motivation is, you might decide to try and avoid the roadblock.

While the Third District Court of Illinois has held that it is legal for a driver to avoid a roadblock, be careful if you do. Sometimes law enforcement uses a roadblock for dual purposes: to check the drivers who voluntarily go through the checkpoint and to carefully watch those drivers who turn away for any reasonable suspicion to warrant pulling over the driver that turned away from a roadblock.

It is a logical line of thinking that a driver who is avoiding a roadblock is trying to hide something. Yetit is also a prejudiced line of thinking. Hence, thatis why law enforcement must be able to articulate facts and reasoning for pulling over a driver who has avoided a roadblock; still, the reason for the stop must be for something other than avoiding the roadblock.

Turning away from the roadblock in and of itself maynot be illegal, but police might carefully scrutinize drivers who turn away for any other reason to make a traffic stop. For instance, if the driver commits atraffic violation when avoiding the roadblock (i.e., makes an illegal turn or speeds away), if the passenger and the driver switch places, or if the driver who is avoiding the roadblock acts suspiciously, this could be enough to create a reasonable suspicion that the driver is up to no good. If law enforcement can articulate facts as to why the traffic stop was warranted after a driver avoided a road, then the stop was most likely legal and justified.

Can We Assist You?

When you are arrested either at a roadblock or because of other circumstances when you tried to avoid a roadblock, you have rights. An experienced criminal defense lawyer will work hard to fight for you. Please do not hesitated to contact a dedicated Rolling Meadows traffic offenses lawyer at our office. We are eager to help you today.

Source:

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html