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Author: You don’t have to roll down your window at a DUI checkpoint

On Behalf of | Jan 7, 2015 | Firm News |

If someone drives through a San Diego DUI checkpoint with this they are no doubt inviting the police to head over to their car.  The officers would probably come up with some arguments like:

– Person matched the description of a wanted person

– Driver looked suspicious and their face was covered.

However, this does not mean you just throw up your hands and lose your rights and comply.  You have rights at a San Diego DUI checkpoint. So what do you do?

If you are driving and come upon a San Diego DUI checkpoint, do not turn off the road. Many people come down a gaslamp street to see the San Diego DUI checkpoint ahead. They turn off to avoid it to find the rest of the San Diego Police Department stopping on the side street waiting for you for unlawful turn or some other infraction. Any vehicles leaving the line will draw police attention, and you can expect to see flashing lights in your rearview mirror. San Diego Police officers set up these San Diego DUI checkpoints well away from locations that people can turn into and say they were heading there (like a gas station). If you attempt to turn around and drive the other direction, the officers will take this as a sign of guilt.In a San Diego Police DUI Checkpoint the police will create a path, leaving just one lane open, and blocking other access with their vehicles. Officers will monitor traffic coming both ways. Traffic backs up and you are sitting there waiting. Clean yourself up. Perk up those eyes and get out the fragrance because the officers will be sniffing the inside of the vehicle trying to initiate a San Diego DUI Investigation.

As you approach be respectful but know your rights. What the officer is looking for signs of impairment. They will ask if you had anything to drink. They will ask for drivers license and insurance. You have the right to refuse any and all tests unless a previous court told you to abide by police orders. However, California is one of many states that stipulate having a driver’s license is tacit agreement to chemical testing in a DUI investigation. Refusing the breath test puts you danger of having your license suspended, even if you’ve done nothing wrong. This is called “Implied Consent”. The San Diego DUI Field sobriety tests can be refused, though.

This includes the breath test in the field (unless you are under 21 years old). However, if you refuse testing, understand that the officer is more than likely going to arrest you. If it happens just go through the process and fight it on the other side.San Diego DUI Checkpoints must have notice to the general public. There are several Apps that give alerts on where the local San Diego Checkpoints will be. Mr DUI is a good App. Find where your local community publishes checkpoint dates and times and stay up on of the news. Plan your driving accordingly. If you do decide to drink and risk driving (even with a few drinks) I would not tempt fate and take an Uber or find a designated driver. This is good information to help you avoid the inconvenience and troubles that occur at roadblocks.

Many drivers have encountered a DUI checkpoint on the roads. But one organization’s viral video, shot in Florida, is telling drivers they don’t even have to open their window to breeze right through.

Is it exercising your rights or could it keep drunk drivers on the road?

It is legal in Florida. But the idea, according to FairDui.org, is it will not save you from arrest if you’re drinking and driving.

Here’s what happens in the video: It’s New Year’s Eve, just before 10 p.m. in Levy County, Florida. Jason Gray knows he’s about to hit a DUI checkpoint.

“This is my Fair DUI flier,” he says while recording the video. “You can see it has Fair DUI flier language. ‘I remain silent, no searches, I want my attorney.’ ”

Inside the plastic bag that he hangs from the closed driver’s side window is all the identification he’ll need: License, registration and insurance. The flier also cites two Florida statutes.

“I will not have to open my window,” Gray says, “because the second you open your window, they can say they smell alcohol or drugs in the vehicle and the moment you say a word, they can claim your speech is slurred.”

He pulls up. Deputies shine a light on the note, take a few seconds to study it, then send him on his way. One of them waves and says, “have a nice day.”

This video has gotten more than a million views since January 1st and not surprisingly, is stirring up controversy. FairDui.org founder and author Warren Redlich told us over Skype that the intention isn’t to give the drunks a “get-out-of-jail free” card.

“A lot of people are uncomfortable with the idea that police can just stop you for no reason. If you are not comfortable with that, this is a good way of handling a checkpoint,” Redlich said. “There are good cops and there are bad cops. The purpose of this flier is to protect innocent people from bad cops.”

In the seven times they’ve used the card, he says it’s never failed. Still, Tampa DUI defense attorney Elliott Wilcox has a word of caution.

“It’s legal, but you draw attention to yourself,” Wilcox said. “When you draw attention to yourself, then you’d better be squeaky clean going through. Because otherwise, you give them another reason to pay attention to you. If you are not squeaky clean, that could be the worst thing that happens to you.”

Florida Highway Patrol Spokesperson Sgt. Steve Gaskins tells us the intent of DUI checkpoints is never to violate anyone’s rights. They’re to manage traffic and pull drunk drivers off the road.

Bottom line, whether your window is up or down, Gaskins says troopers can still spot the signs of impairment.

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, 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, 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].

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