Checkpoint Hearing Testimony Checklist
This checklist should be used in conjunction with one of the other administrative hearing testimony checklists when your DUI was initiated through a checkpoint.
Primary case for checkpoint testimony is Michigan v. Sitz, 496 U.S. 444, 110 S.Ct. 2481 (1990).
What empirical data to you have to support the effectiveness of the checkpoint?
How long were most driver’s stopped at this checkpoint? -In other words, how long, on average, was a driver that had no issues stopped at the checkpoint?
What type of checkpoint was this?
□ Driver’s License □ Proof of Insurance
□ Proof of Vehicle Registration
□ Driving Under the Influence (Not Favored by Courts) □ General Crime Suppression (4 th Amendment Violation under Grooms case, 378 S.C. 615) □ Other: ______________________________________________________________________
Was the checkpoint posted in a place that allowed driver’s an opportunity to avoid the checkpoint if they wanted (via U-turns or turnoffs)? ______________________________________________
If yes, describe: _________________________________________________________________
Was the checkpoint and its’ location advertised in anyway beforehand? _____________________
□ TV
□ Radio
□ Social Media
□ Press Release
How many vehicles came through the checkpoint? _____________________________________
How many tickets, citations, or warnings were issued at this checkpoint? ____________________
(I recommend you break these down by general type, for example, DUS, Seatbelt Violations, Cell Phone Use Violations, etc…)
Why was the checkpoint established at this specific location? _____________________________
______________________________________________________________________________
______________________________________________________________________________ (You need to be able to provide some evidence to support your reasoning here. For example, if your agency has had a high number of traffic related arrests very near the location of the checkpoint with the last 6 months or year that supports picking that particular location for a checkpoint. You would also want to present some information regarding why you chose that particular date and time for the checkpoint in that location. Again, if your agency has had a high number of traffic
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