We are in that time of the year where DUI checkpoints increase. This usually bring a spike in Santee 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 Santee DUI call (858) 751-4384 for a free consultation.
The utilization of Santee 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 Santee fines and penalty assessments from convictions in Court. Police have also used saturation patrols as a way to ferret Santee 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 Santee 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. More importantly, the El Cajon courthouse is one of the very few locations our firm works out of. We have relationships with the judge and prosecution and we are respected. One very common problem with Santee DUI checkpoints in Santee 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 Santee n 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 Santee DUI attorney Mark Deniz for a free initial case evaluation at (858) 751-4384. 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 Santee DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a Santee DUI on your record for the next decade.
If you are charged with a Santee 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.
Sheriff’s deputies conducted a DUI and license checkpoint operation in Santee overnight Friday that netted six arrests – three for allegedly driving while intoxicated.
The operation was conducted between 9 p.m. Friday and 2:30 a.m. Saturday near the 8800 block of North Magnolia Avenue, according to San Diego Sheriff’s Sgt. Joe Passalacqua.
A total of 1,084 vehicles passed through the checkpoint, Passalacqua said. Two drivers were arrested on suspicion of driving under the influence of alcohol, one for suspicion of driving under the influence of drugs; three were jailed for outstanding felony warrants; 11 citations were issued to motorists driving without a license or on a suspended license and four vehicles were impounded.
Funding for the operation was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, according to Passalacqua.
The full article can be found here