I ran across a recent article (below) about an Escondido checkpoint. I thought it would be a good time to write about Escondido DUIs and checkpoints. The city of Escondido is one of the more interesting towns in San Diego to receive a DUI because the facts of each case may be totally different from the other.
Escondido has SR-78 and I-15 in its borders. Both of these freeways has a very intensive police presence. A person can come in contact with Escondido Police just as easy as the California Highway Patrol (CHP). Someone can also come into contact with Sheriff Deputies. All these agencies are sniffing for DUIs. More Escondido residents will be suspected of DUI even when they not be. If you are arrested on an Escondido DUI call our office for a free consultation at 858-751-4384.
In these “saturation areas” it is key that you are aware of your rights. First, be suspect of traffic stops in the late evening because this is the probable cause (PC) the officer pulls you over. It is often very minimal and if you are not DUI you need to fight the citation.
Second, if you are stopped by police. Be respectful, but know if the officer suspects DUI than he will likely arrest. Here is some likely observations they would use to form their opinion:
– Any kind of bad driving
– Red, watery eyes
– Slow movements (funny…who wants to make fast movements with police)
– Odor of alcohol
– Slurred speech
The best route is to be respectful but STAY quiet.
Tell the officer you do not want to make any statements. Tell the officer you do not want to take any tests. Tell the officer you do not want to take a breath or blood tests UNLESS YOU HAVE TO.
The officer may still arrest you, but your case will be in a much better situation.
If you are arrested on an Escondido DUI call our office for a free consultation at 858-751-4384.
ESCONDIDO DUI CHECKPOINTS
The utilization of Escondido 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 Escondido DUI fines 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 Escondido 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 Encinitas, the Carlsbad, Poway, and downtown Escondido.
As a local attorney who has handled thousands of DUI cases, Mark Deniz can help evaluate whether your individual rights were violated. One very common problem with Escondido DUI checkpoints in Escondido 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 Escondido 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 Escondido 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 Escondido DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a Escondido DUI on your record for the next decade.
If you are charged with a Escondido 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.
More Escondido Information
If you or a loved one find yourself arrested for a DUI or other crime in Escondido, it is critical to find the best attorney to represent you in court. Whether you are driving home from the 15, or just had an exorbitant amount of fun exploring the new tiger trail at the San Diego Safari Park and a little too much to drink, contact Mark L. Deniz Esq., a premiere DUI and criminal defense attorney to represent you. Call 858-751-4384 as soon as possible.
The Law Office of Mark Deniz is dedicated to DUI. The firm is proud to work with efficiency and discretion. Escondido DUI defense attorney Mark Deniz provides high quality and affordable DUI-Drunk Driving defense representation. Mr. Deniz defends persons accused of DUI-Drunk Driving in all San Diego county. DUI Attorney Mark Deniz meets with each potential client in person and personally represents each client in court and at the Department of Motor Vehicles. Escondido DUI attorney Mark Deniz can meet conveniently throughout the county to serve the needs of his clients. If you were arrested in Escondido you will likely have to appear at the Vista courthouse. If you live in Escondido, attorney Mark Deniz can appear in Vista or any other courthouse for you. The court location can be found in the Resource section.
You have 10 days to contact the DMV. Do not wait to retain an attorney to begin defending your case. Please review how to begin dealing with the San Diego DUI process.
Here is the article about the Escondido checkpoint:
lanning on going by the Escondido Police Department building at 1100 N Centre City Parkway through midnight tonight? Better have your driver’s license on hand and maintain your sobriety. Police have a DUI/Driver’s License Checkpoint set up in the southbound lanes, south of El Norte Parkway.
Somewhat controversial, yet highly in your faces, Escondido police had promised to set up “a DUI/Driver’s License Checkpoint at an undisclosed location within the city limits” from 6 p.m. to midnight tonight, Friday.
Escondido Police Department Traffic Unit officers will be looking for signs of alcohol and/or drug impairment with officers checking drivers for proper licensing delaying motorists only momentarily.
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.
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 Escondido Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, reminding everyone to ‘Report Drunk Driver – Call 9-1-1’.
Escondido Police Receive Grant from Office of Traffic Safety – Nov. 9, 2015Escondido Police Department has been awarded a $309,726 grant from the California Office of Traffic Safety (OTS) for a year-long program of special enforcements and public awareness efforts to prevent traffic related deaths and injuries. Escondido Police Department will use the funding as part of the city’s ongoing commitment to keep our roadways safe and improve the quality of life through both enforcement and education.Activities that the grant will fund include:* Educational presentations* DUI checkpoints* DUI saturation patrols* Motorcycle safety enforcement* Distracted driving enforcement* Seat belt and child safety seat enforcement* Bicycle and pedestrian safety enforcement* Speed, red light, and stop sign enforcement* Warrant service operations targeting multiple DUI offenders* Compilation of DUI “Hot Sheets,” identifying worst-of-the-worst DUI offenders* Specialized DUI and drugged driving training such as Standardized Field Sobriety Testing (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and Drug Recognition Evaluator (DRE)