Brown v. Commonwealth

COLEMAN, Judge.

This appeal challenges the validity of a DUI checkpoint, which led to the appellant, Ricky Lee Brown, being convicted for third offense of driving under the influence of alcohol. Appellant contends that the trial court erred in denying his motion to suppress the evidence of his intoxication obtained as a result of the checkpoint stop. Because the checkpoint did not conform to the guidelines adopted for the operation of DUI checkpoints and was, therefore, invalid, we hold that the warrantless stop of the appellant during the period of noncompliance contravened the protections of…