San Marcos is a hot spot for DUI checkpoints in North County. The Vista branch of the DAs office is unyielding (and sometimes unreasonable) when it comes to the prosecution of these cases.
So, what about a checkpoint makes it unique in regards to DUI cases? DUI arrests is based on a totality of the evidence in the field. The officer takes in “clues” to make the call to arrest or not arrest. It is a big decision. The individual will go to jail. Their car will be towed.
The initial “clue” is usually driving. It is the reason the officer stops the vehicle. Swerving, weaving, and a number of other observations. In a DUI checkpoint, there is no bad driving. As a matter of fact if the driver maneuvers through cones of a checkpoint it is the first sign of good driving.
It also is a battleground for constitutional rights. If someone refuses to speak to officers (which is their right). They will be stopped. They will be detained for some time. It is a slippery slope.
If you do head into a checkpoint remember the following:
Below is an article on the San Marcos checkpoint. Have a great weekend.
Law enforcement officers arrested five allegedly impaired drivers at an overnight checkpoint in San Marcos, authorities said today.An estimated 3,270 vehicles passed through the checkpoint in the 1300 block of W. San Marcos Boulevard near Discovery Street between 8 p.m. Friday and 2 a.m., sheriff’s Sgt. David Cheever said.Four suspected drunken drivers and a suspected drugged driver were arrested, Cheever said. Officers and deputies also cited 10 drivers without licenses, three with suspended licenses, a person with an open alcohol container and four for unspecified violations.The checkpoint was manned by officers from multiple agencies including the sheriff’s department, the San Diego, Escondido and Cal State San Marcos police departments and the county probation department, Cheever said.
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