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”.
A controversial way to avoid a sobriety checkpoint is going viral on the internet after a man is waved through without having to talk to police.
At a typical DUI checkpoint, the driver pulls up, rolls down a window and talks to a police officer while he or she determines if there’s probable cause to give the driver a field sobriety test.
But Florida lawyer Warren Redlich came up with a loophole that lawyers are calling “constitutionally legal.”
In a YouTube video posted by Redlich, he drives up to a checkpoint with his windows rolled up and puts up a form from FairDUI.org that reads, “I remain silent. No searches. I want my lawyer.” He then showed his driver’s license, and the officer appears to call another officer over.
That officer reads the form and then waves Redlich through the checkpoint without any issues.
As the video and so-called technique continues to spread, San Diego DUI attorney and former prosecutor Mark Deniz says constitutionally, it’s OK.
“Someone doesn’t have to talk to anybody if they don’t want to,” said Deniz. “Someone can be rude, that’s the right of a citizen is to be rude to anybody else. That’s our protective rights.”
But he added a caveat: it’s legal, but not practical.
He explained that using the placard and refusing to speak to police may protect you from a DUI, “but be prepared to be arrested even if you’re under .08.”
According to Sgt. Ernie Servin with San Diego Police Department’s Traffic Division, California vehicle code 2814.2 says drivers must stop and submit to a sobriety checkpoint.
Deniz said trying the technique will likely bring more attention to the driver and could cause more problems than if the driver just talked to the officer.
“When that officer sees you about two or three car lengths down, and they see that little placard hanging out there, you are going to bring bells and whistles and you are going to attract those officers,” Deniz said. “And you’re going to be attracting the sergeant who’s in charge of that, and they will be investigating you, to where a lot of times you could probably pass through a checkpoint uninterrupted.”
Servin said the police department wants to encourage people to be wise and not drink at all before driving. Everyone’s body absorbs alcohol differently, he cautioned, and it isn’t worth the risk of injury or worse, death.
The department holds an average of 57 checkpoints annually and has recently hosted My BAC programs, where the public can test their blood alcohol level on a breathalyzer.
The full article can be found here.
DUI checkpoints must follow eight specific guidelines:
- supervising officers must make all operational decisions;
- the criteria for stopping motorists must be neutral;
- the checkpoint must be reasonably located;
- adequate safety precautions must be taken;
- the checkpoint’s time and duration should reflect “good judgment”;
- the checkpoint must exhibit sufficient indicia of its official nature;
- drivers should be detained a minimal amount of time; and
- 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 [email protected].