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If you’re keeping tabs at home, there was yet another unconstitutional DWI checkpoint (roadblock) executed in Raleigh on January 31, 2014, at Glenwood Avenue and St. Marys Street.  Forty-three of your tax-funded law enforcement officers were not fighting violent crimes that evening while they were arresting citizens on their way home from dinner.

And, as they like to do, they even charged one unwitting passenger with “aiding and abetting” the driver, who was charged with driving while impaired.  That’s right, they charged the passenger with “assisting” the driver, on the theory that the passenger knowingly enabled the driver to drive while impaired.  But if history is any guide, the driver likely blew a .08 and showed no outward signs of impairment, and his only misfortune was to take the wrong route home.

Be careful out there, and remember that you are not required to answer any questions or perform any tests, including a portable breathalyzer.

Repeat after me: “I haven’t done anything wrong and I am not interested in performing any tests.”


Raleigh DWI lawyer Ben Hiltzheimer is a criminal defense attorney in Raleigh, North Carolina, who represents individuals charged with DWIs and the full spectrum of misdemeanors and felonies. Contact us for a free, confidential consultation and case evaluation at (919) 727-9227.

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Ben is an experienced trial lawyer who earned his law degree from The George Washington University in Washington, D.C. He was trained in trial practice at the nation’s preeminent Public Defender agency, the federally funded Public Defender Service for the District of Columbia, described by United States Attorney General Eric Holder as “the best public defender office in the country.”

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