Supervisors implementing police roadblocks can participate in screening drivers.
Docket Number: 1326928 , Decision Date: April 25, 2013
Attachment: Click here to download the decision.
Petitioner challenged the suspension of his license for driving under the influence on two grounds: an unlawful roadblock and an improperly administered horizontal gaze nystagmus test (“HGN”). Contrary to Petitioners assertions, the Judge found that (1) the legality of the roadblock was not impaired by the implementing supervisor’s participation in screening drivers, and (2) the HGN, although not performed in the ideal manner, was adequate to establish probable cause together with the other factors indicating intoxication. Judge Walker affirmed the suspension.