A big NFL playoff weekend is here. This usually bring a spike in El Cajon 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 El Cajon DUI call 858-751-4384 for a free consultation.
The utilization of El Cajon 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 El Cajon fines and penalty assessments from convictions in Court. Police have also used saturation patrols as a way to ferret El Cajon 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 El Cajon 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 El Cajon 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 El Cajon 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 El Cajon DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a El Cajon DUI on your record for the next decade.
If you are charged with a El Cajon 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.
Here is a recent article about a local DUI checkpoint that is planned for this weekend.
The El Cajon Police Department Traffic Unit will be conducting a DUI/Drivers License Checkpoint on December 28th in the 300 block of W. Chase between 8 p.m. and 3 a.m.
“The deterrent effect of DUI checkpoints is a proven resource in reducing the number of persons killed and injured in alcohol or drug involved crashes. Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely,” says Lt. Randy Soulard. “In California, this deadly crime led to 867 deaths in 2013 because someone failed to designate a sober driver. Nationally, the latest data shows 10,076 were killed by an impaired driver. Since December 1, 2012, DUI collisions have claimed three lives and resulted in 104 injury crashes harming 134 of our friends and neighbors. In the City Of El Cajon, we’ve had over 640 DUI related arrest from January 2012 through December 2015.”
Officers will be looking for signs of alcohol and/or drug impairment with officers checking drivers for proper licensing delaying motorists only momentarily. When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving.
Recent statistics reveal that 30 percent of drivers in fatal crashes had one or more drugs in their systems. 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, slightly more than alcohol.
According to the National Highway Traffic Safety Administration (NHTSA), checkpoints have provided the most effective documented results of any of the DUI enforcement strategies, while also yielding considerable cost savings of $6 for every $1 spent. Nearly 90 percent of California drivers approve of DUI checkpoints.
DUI Checkpoints are placed in locations based on collision statistics and frequency of DUI, arrests affording the greatest opportunity for achieving drunk and drugged driving deterrence. Locations are chosen with safety considerations for the officers and the public.
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 El Cajon Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, reminding everyone to ‘Report Drunk Drivers – Call 9-1-1’.
The full article can be found here.