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Instead of a dry, boring article, the following is an excerpt from a recent interview with Attorney Leckerman on the subject.
Interviewer: In Pennsylvania, are you able to leave a roadblock before you get to the first staging area?
Leckerman: You’re allowed to do that as a motorist in Pennsylvania. If you legally avoid the roadblock and drive away, a police officer cannot chase after you and stop you. This is important to note: Make sure that if you see a roadblock ahead and you don’t want to go through it, that you just don’t violate any motor vehicle.
Interviewer: How about going through them? Are they police officers looking for anything specific to direct people to the second station?
Leckerman: From my experience, it seems like you’re looking for any little bit of indicia of intoxication that’s going to justify sending the driver to that secondary stage. Keep in mind that a lot of these officers do get overtime pay for the roadblock participation. If they can’t justify road blocking, then that overtime pay goes away.
Interviewer: What’s the pattern that you see? Are they set up to stop every motorist or do they stop every third or fifth one? What’s common?
Leckerman: Generally, I will see the guideline set up to stop every third or fifth motorist. Sometimes, if there’s a big backup with the checkpoint, then they start letting just a large number of motorists through at the same time, to avoid a really big traffic delay. Then, they’ll go back to their pattern of every third or fifth.
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NJ DWI Call: (856) 429-2323
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