I was reading a story this morning about a guy in Santa Rosa who drove through a DUI checkpoint. The article title said, “Suprise” he was arrested. To most when somone does this they automatically shake their heads and think “drunk”. I can see that.
It is interesting that good driving does not have as much worth at a San Diego DUI checkpoint. The government is claiming the person is impaired. However, they come up to a checkpoint. They waiting in the checkpoint line. They rolled down thei window and they are answering the officer. It is a point that I wonder if people place as much weight in the fact that this is good driving and not the conduct of an impaired driver.
Does this factor into the mind of the officer, even when they ask the driver if they had anything to drink and they say “no”? The officer usually disregards the power of these observations and usually asks them out of the car if they see red eyes or the ole “odor of alcohol” from the vehicle or person.
The fact of GOOD driving needs to be beaten into the fact analysis in a San Diego DUI case. The government should not be able to use bad driving as a mantle of their case but then turn around and dismiss good driving. This is just one of the many…many often overlooked facts in DUI defense. Below is the story I mentioned about bad driving…have a great day.
Santa Rosa police arrested Filberto Torres Lopez of Healdsburg this morning after he allegedly drove his vehicle at officers at a DUI/driver’s license checkpoint, police said today.
The incident occurred at about 1:40 a.m. at College Avenue and Morgan Street, according to police.
Police said Lopez was traveling west in the checkpoint cone pattern when he put his vehicle into reverse and backed away from officers. Lopez turned around and started traveling east in the westbound lanes of College Avenue inside the checkpoint.
Motorcycle officers pulled in front of his vehicle, but as he approached the officers he did not yield or slow down, police said. Officers took evasive action to avoid being hit by the vehicle, according to police.
Several officers then pursued him until he yielded on Lincoln Street near Healdsburg Avenue. Lopez resisted arrest and officers subdued him with a stun gun, police said.
Police arrested Lopez on suspicion of driving under the influence of alcohol, assault with a deadly weapon on an officer and resisting arrest.
Lopez is a 22-year-old Healdsburg resident, according to police.
The full article can be found here.
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