When you are a DUI Defense attorney you know there is already some basics with a San Diego Checkpoint.
-The officer asked you out the of vehicle rather quickly.
-There is video
-You were taken into their little checkpoint trailer.
You can examine a DUI case more than other types of DUI cases. I will go into why.
San Diego DUI checkpoints are common here in San Diego. It puts the driver in a good position because the start of the case itself raises questions. Instead of swerving or an accident the first question gets thrown at the proscution….is this checkpoint even legal? It is key that you be proactive if you are arrested. There is a small window of time to give someone the best resolution possible. This is done through the APS hearing and beng proactive. If you are arrested for San Diego DUI call (858) 751-4384 for a free consultation. Below is an article about a recent DUI checkpoint.
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.
Here is a recent article on a local DUI Checkpoint.
A DUI checkpoint in Pacific Beach resulted in 13 arrests, a San Diego Police Department officer said Saturday.
Out of 817 vehicles that passed through the checkpoint – which started at 11 p.m. Friday and lasted until 3 a.m. Saturday on the 2600 block of Ingraham Street – 633 were screened, Officer Mark McCullough said.
SDPD and California Highway Patrol officers detained 17 drivers for further evaluation, McCullough said. Along with the 13 arrests for suspected DUI, officers also impounded 12 vehicles, he added.
The arrests should serve as a reminder to drivers not to get behind the wheel if they drink alcohol, McCullough said. The checkpoint was made possible by a California Office of Traffic Safety STEP Grant.
The full article can be found here.