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    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

More Discussion regarding "Windows Up" DUI checkpoint tactic

I was able to speak on the issue of San Diego DUI checkpoints on Channel 4 news recently. In Florida, there is a DUI attorney who is selling the idea of leaving a note hanging outside the window saying you want to remain silent.

The article is correct saying the California DMV requires drivers to "submit" to a DUI checkpoint. It is arguable that slowing down, handing your drivers license, and waiting for the officer to move you along is submitting enough. Is a citizen forced to talk? Really? This issue will be argued and I believe the defense will ultimately win.

In the meantime, the driver arrested for San Diego DUI would likely have resisting and delaying an officer charge in addition to the DUI. They would have to pay legal costs unless there was an attorney ready to work pro bono (or maybe the Public Defenders take the case).

I wanted to say the tactic is very interesting and does arm a San Diego DUI attorney. However, anyone prepared to use the tactic will be bringing attention to themselves. It is sad to think that using ones constitutional rights is "bringing attention to them".

r17037217-mmmain.jpg

Windows up. Mouth shut.

That's the way a Florida lawyer suggests getting through a DUI checkpoint to protect the right against illegal searches and seizures.

"If they force you to roll down your window, you now have a Fourth Amendment issue," said Boca Raton attorney Warren Redlich, who caused a stir last month when his YouTube video offering a way to sidestep police orders went viral. "This isn't about protecting drunk drivers; it's about violating people's rights."

Redlich recommends motorists hold their driver's license, vehicle registration and insurance information up to the window for police officers manning DUI checkpoints to inspect instead of rolling down their windows. Redlich said he doesn't know whether the same tactics would work in Pennsylvania, but "I'm pretty confident the same principles apply."

Local lawyers weren't so sure.

"They're going to have to be able to talk to you to ascertain some information about your level of sobriety," Pittsburgh lawyer David J. Shrager said. "Technically, I don't think there's a legal recourse, but just because you can do it doesn't mean you should. From a practical perspective, I don't know if it's such a wise decision."

The Supreme Court upheld the constitutionality of DUI checkpoints in 1990, ruling that the intrusion was justified because of the public interest in reducing incidents related to driving under the influence.

"I would think the officer does have the ability to ask you questions - you don't have to answer them - but the court might say you have to roll down your window," said Sara Rose, an attorney with the American Civil Liberties Union in Pittsburgh. "The checkpoint isn't for the purpose of checking if people are driving with a license. The checkpoint is making sure people aren't driving drunk, so the officer probably can ask them to put the window down."

A YouTube video similar to Redlich's shows a driver in a minivan approach a DUI checkpoint along a Florida road and come to a stop beside a group of police officers. The driver remains silent, but motions to a plastic bag dangling from a string outside his window. Inside is a driver's license, copies of his insurance and registration cards and a piece of paper that reads: "I remain silent. No searches. I want my lawyer."

An officer examines the paper for a few seconds before motioning for the driver to proceed.

"I would commend the police officers in Florida for handling it the way they did," Rose said. "The officers probably felt like they could tell the driver was not intoxicated."

Pennsylvania law allows motorists to make legal U-turns when approaching DUI checkpoints, and an officer's hunch that an intoxicated motorist is seeking to avoid the checkpoint is insufficient to make a stop, legal experts said.

Once stopped at a checkpoint, motorists have the right to refuse a portable breath test, but refusing to submit to a blood test at the police station or hospital will result in a license suspension of up to a year.

Pittsburgh lawyer Michael Sherman said he suspects Redlich's suggestions for dealing with a checkpoint would technically pass legal muster in Pennsylvania but wouldn't necessarily suggest it to his clients.

"As long as the motorist provides the information requested in some manner, there doesn't seem to be a violation," Sherman said.

Then again, it might just be easier to talk to the officers and be on your way if you're not drunk, he said.

"You're probably going to walk yourself into a DUI if you play games like this," Sherman said. "And you are certainly heightening the tensions and suspicions by not cooperating."

Here is another article discussing the now popular tactic:

A Florida attorney has garnered national attention for his now-viral advice for getting through a DUI checkpoint. His legal strategy, boiled down to just a few words: Windows up. Mouth shut.

But does it really work? And is it legal in Pennsylvania?

Investigators talked to some Pennsylvania attorneys to get their take. But first a little more on the Florida lawyer's legal strategy:

Boca Raton attorney Warren Redlich caused a stir last month when his YouTube video offering a way to sidestep police orders went viral.

In it, he suggested that drivers keep their window rolled up and instead hold up a sign saying that they are exercising their right to remain silent and that they want their attorney present.

Redlich says this is a perfectly legal way to protect the driver's right against illegal searches and seizures.

"If they force you to roll down your window, you now have a Fourth Amendment issue," Redlich told TribLive. "This isn't about protecting drunk drivers; it's about violating people's rights."

Redlich also recommends motorists hold their driver's license, vehicle registration and insurance information up to the window for police officers manning DUI checkpoints to inspect instead of rolling down their windows.

Redlich told TribLive that he doesn't know whether the same tactics would work in Pennsylvania, but "I'm pretty confident the same principles apply."

Local lawyers weren't so sure...

"They're going to have to be able to talk to you to ascertain some information about your level of sobriety," Pittsburgh lawyer David J. Shrager said. "Technically, I don't think there's a legal recourse, but just because you can do it doesn't mean you should. From a practical perspective, I don't know if it's such a wise decision."

The Supreme Court upheld the constitutionality of DUI checkpoints in 1990, ruling that the intrusion was justified because of the public interest in reducing incidents related to driving under the influence.

"I would think the officer does have the ability to ask you questions -- you don't have to answer them -- but the court might say you have to roll down your window," said Sara Rose, an attorney with the American Civil Liberties Union in Pittsburgh. "The checkpoint isn't for the purpose of checking if people are driving with a license. The checkpoint is making sure people aren't driving drunk, so the officer probably can ask them to put the window down."

The articles can be found here & here.

DUI checkpoints must follow eight specific guidelines:

  1. supervising officers must make all operational decisions;
  2. the criteria for stopping motorists must be neutral;
  3. the checkpoint must be reasonably located;
  4. adequate safety precautions must be taken;
  5. the checkpoint's time and duration should reflect "good judgment";
  6. the checkpoint must exhibit sufficient indicia of its official nature;
  7. drivers should be detained a minimal amount of time; and
  8. roadblocks should be publicly advertised in advance.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to mark@denizdefense.com.

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