Superbowl Sunday is here. Is Cam going to dazzle the world or will Manning go out on top. If you are planning on a NFL Super Bowl party, do not drink and drive. The weather is going to be near perfect (for Super Bowl weather). Dont think you can make it back to the house, even if it is a few miles away. It is not worth it. Bars and Pubs across the county will be hopping. Be safe and smart and do not drink and drive. However, if you are reading this article it might be because you were arrested. if you find yourself in a pickle you can call (858) 751-4384.
Drivers beware. If you are planning on a NFL Super Bowl party, do not drink and drive. Dont think you can make it back to the house, even if it is a few miles away. It is not worth it. Bars and Pubs across the county will be hopping. Be safe and smart and do not drink and drive.
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:
Eight motorists were arrested on suspicion of drunken driving at an overnight checkpoint in Pacific Beach, and two were arrested in Poway.
In addition to the arrests, eight vehicles were impounded during the checkpoint in the 2600 block of Ingraham Street that began at 11:05 p.m. Friday and ended today at 3 a.m. Saturday, according to San Diego Police officer Mark McCullough.
McCullough said 638 vehicles passed through the Pacific Beach checkpoint, with 521 of those motorists being screened by officers.
A total of 1,151 vehicles went through the checkpoint on eastbound Poway Road near the intersection of Oak Knoll road from 8:30 p.m. Friday until 2:30 a.m. on Saturday.
Nine drivers were cited for driving without a license, and two were cited for driving on a suspended license. Two vehicles were towed from the checkpoint.
Sheriff Sgt. David Cheever said the primary intent of the checkpoint was to educate the public about the dangers of drinking and driving and to deter potentially impaired drivers.
San Diego Police and the San Diego Sheriff’s Department regularly operate DUI checkpoints with funding from the California Office of Traffic Safety.
The full article can be found here.