Last month the Utah House of Representatives voted 8-5 in favor of recommending HB 140. HB 140, also called the “Vehicle Checkpoints Amendments” Act, repeals authorization for traffic checkpoints regarding impaired driving and vehicle operation. More specifically, the bill repeals authorization for administrative traffic checkpoints regarding drivers that may be under the influence of alcohol or drugs, and regarding license plates, registration certificates, insurance certificates, or drivers’ licenses.
To be sure, however, the bill does not do away with checkpoints all together. Instead, the new law requires that the administrative traffic checkpoint may be established and operated upon written authority of a judge. A judge may issue written authority where there is a written plan for the checkpoint describing details of the operation, such as: the location, date/time/duration, sequence of traffic to be stopped, purpose, minimum personnel numbers, configuration (signs, etc), advance notice to public-at-large, and instruction given to operating enforcement officers.
The judge is required to make an independent judicial determination that the plan minimizes the time delay, privacy intrusions, to motorists.
If you’ve been stopped and charged with a DUI, then a DUI attorney in Salt Lake City and surrounding areas of Utah can certainly help you vigorously defend against the charges and protect your rights.