Another San Diego DUI checkpoint popped up, netting six arrests. There were 584 motorists that went through the chckpoint. It would be interesting to get the stats of how many people were taken out of their cars and suspected of San Diego DUI.
This particular San Diego checkpoint was interesting because this part of El Cajon is not necessarily in a large area where bars and entertainment is located. It is a main artery to the freeways and such. However, it seems like this checkpoint could be avoided more than most due to the many sidestreets.
The key with San Diego DUI checkpoints is to know how to determine if they are legal. This is the analysis even before you analyze the officers particular conduct with the driver in the San Diego DUI investigation. A San Diego DUI checkpoint must pass legal scrutiny.
Here is list of the Ingersoll factors that a court will use in evaluating a San Diego DUI check point:
- Decision Making at the Supervisory Level
- Limits of Discretion of Field Officers
- Maintenance of Safety Conditions
- Reasonable Location
- Reasonable Time and Duration (No Fixed Roadblocks)
- Indicia of Official Nature of Roadblock
- Length and Nature of Detention
- Advance Publicity
Sobriety checkpoints must be set up along these established guidelines. A San Diego DUI checkpoint must be announced to the public in advance and set up by command law enforcement officers, not officers in the field. Vehicles must be selected using a neutral mathematical formula, and the checkpoints must be maintained safely for both police and motorists, have high visibility, and minimize the average time each motorist is detained. Each motorist who has been stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he or she should be permitted to drive on without further delay.
If the officer does observe signs of impairment, the driver may be directed to a separate area for a field sobriety test. At that point, further investigation must be based on probable cause, and general principles of detention and arrest would apply. The Supreme Court has ruled that the primary purpose of a sobriety checkpoint is not to discover evidence of crime or to make arrests of drunk drivers, but to promote public safety by deterring intoxicated persons from driving and endangering the public. Thus, a San Diego DUI checkpoint roadblock serves a regulatory purpose and is not considered a criminal investigation roadblock, and thus no warrant is required. The Supreme Court also stated that motorists who seek to avoid a roadblock may not be stopped and detained merely because they attempted to avoid the roadblock. However, if the motorist commits a vehicle code violation or displays obvious signs of intoxication, there is adequate probable cause to pull over the motorist, after which point general principles of detention and arrest apply.
The key is to be safe and smart. Know where the San Diego Checkpoints are located. If you do go out and drink it is recommended to find a designated driver, Uber, or other means. The key is to be safe this holiday season.
Of the 584 motorists that passed through the checkpoint in the 2100 block of El Cajon Boulevard near Alabama Street between 11 p.m. Friday and 3 a.m. Saturday, 525 were screened by officers, San Diego Police Officer Mark McCullough said. Seven of the vehicles were impounded.
The checkpoint was funded by a grant from the California Office of Traffic Safety.
The full article can be found here.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a 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 [email protected].