NFL Wild card weekend is here. A new year brings a spike in San Diego DUI arrests. It is key that you be proactive if you are arrested. There is a small window to give someone the best resolution possible. If you are arrested for San Diego DUI call 858-751-4384 for a free consultation.
Here is a recent article about a local DUI checkpoint that is planned for this weekend.
San Diego police this weekend plan to staff a DUI checkpoint at an undisclosed location.
The checkpoint will be staffed between 11 p.m. Friday and 3 a.m. Saturday.
Officers will be looking for signs of alcohol or drug impairment — with officers checking drivers for
proper licensing — delaying motorists only momentarily, according to police.
When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving, which now accounts for a growing number of impaired driving crashes, police said.
Recent statistics reveal that 30 percent of drivers in fatal crashes had one or more drugs in their systems, officials said.
A study of active drivers showed more tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, police said.
The California Office of Traffic Safety DDVIP (Designated Driver VIP) mobile app is now available for free download on IOS and Android devices. Launched last year, the new DDVIP app offers enhanced features, allowing users to “Map a Spot” with their current location to find DDVIP partnering establishments in their area or a “List of Spots” to search all participating bars and restaurants throughout California.
Users will be offered free incentives at each bar for being designated drivers.
Also through the app, for those who want to imbibe but also make it a point to plan ahead, users can easily order a sober ride from Uber, Lyft or Curb – all from one screen.
Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, other expenses that can exceed $10,000 not to mention the embarrassment when friends and family find out.
Funding for this checkpoint is provided to San Diego Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
The utilization of San Diego DUI or sobriety checkpoints has proliferated in the last few years due in large part to huge amounts of State grant money flowing into local city coffers from San Diego DUIfines and penalty assessments from convictions in Court. Police have also used saturation patrols as a way to ferret DUI drivers. While the use of these types of law enforcement tools is generally regarded as comporting with Constitutional proscriptions, their use is not always legal. In the seminal case within the context of sobriety roadblocks, Ingersoll vs. Palmer, the United States Supreme Court handed down guidelines that must be complied with in any particular law enforcement initiated checkpoint. Among the factors are:
- The degree of discretion left to the individual officer in the field
- The specific location chosen for the roadblock
- The time and duration of the roadblock
- The standards set by superior officers
- Was advance notice given to the general public
- Was advance warning given to approaching motorists
- Adherence to recognized safety conditions
- The length of time each motorist is stopped and detained.
When challenging a San Diego DUI checkpoint each of the above factors is considered by the criminal Court Judge hearing the motion. In San Diego County the police use sobriety stops very heavily. It is not uncommon on any given weekend to see local police setting up a drunk driver roadblock in such places as Pacific Beach (PB), the Gaslamp area of Downtown, Poway, post-Chargers game, etc. As the holidays are coming up, there will be more check points throughout San Diego County.
As a local attorney who has defended thousands of DUI cases, Mark Deniz can help evaluate whether your individual rights were violated. One very common problem with San Diego DUI checkpoints in San Diego DUIs is the stopping and detaining of drivers who simply turn off and avoid going thru a police initiated roadblock. Simply making a turn to avoid the checkpoint is not in itself illegal nor does it form the basis to stop and detain a motorist. If you or someone you know was stopped by the police under this type of scenario, contact Mark Deniz immediately.
One thing is true, the intrusion imposed upon the general public by the use of San Diego DUI checkpoints is very great and should be allowed, if at all, in very limited circumstances. If you or someone you love has had the unfortunate circumstance of being caught up in this type of possible illegal conduct by the police we urge you to call San Diego DUI attorney Mark Deniz for a free initial case evaluation at (858) 751-4DUI (4384). Mr. Deniz will meet with you one on one and discuss all legal options available. The Law Offices of Mark Deniz serves all San Diego County. Remember that the time to defend a San Diego DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a San Diego DUI on your record for the next decade.
If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.