Oceanside DUI cases have been increasing. I then ran across a recent article (below) about an Oceanside checkpoint. I thought it would be a good time to write about Oceanside DUIs and checkpoints. The city of Oceanside 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.
Oceanside has SR-78 and I-5 in its borders. Both of these freeways has a very intensive police presence. A person can come in contact with Oceanside 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 Oceanside residents will be suspected of DUI even when they not be. If you are arrested on an Oceanside 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 Oceanside DUI call our office for a free consultation at (858) 751-4384.
Oceanside DUI CHECKPOINTS
The utilization of Oceanside 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 Oceanside 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 Oceanside 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, Carlsbad, and downtown Oceanside .
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 Oceanside DUI checkpoints in Oceanside 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 Oceanside 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 Oceanside 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 Oceanside DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a Oceanside DUI on your record for the next decade.
If you are charged with a Oceanside 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 Oceanside Information
If you or a loved one find yourself arrested for a DUI or other crime in Oceanside, it is critical to find the best attorney to represent you in court. Whether you are driving home from the 5 Fwy, or just had an exorbitant amount of fun near the pier 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. Oceanside DUI attorney Mark Deniz can meet conveniently throughout the county to serve the needs of his clients. If you were arrested in Oceanside you will likely have to appear at the Vista courthouse. If you live in Oceanside, 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 Oceanside checkpoint:Two motorists were arrested for suspected drunk driving and another for alleged possession of a controlled substance during a DUI/driver license checkpoint that ended early on Saturday morning in Oceanside, according to police.
The checkpoint was set up in the 4000 block of Plaza Drive from 8:30 p.m. Friday until 12:30 a.m. Saturday. That location was selected to deter drivers from drinking and to provide the greatest safety for officers and the public, according to Oceanside Police Sgt. Ignacio Lopez.
Of the 418 vehicles that drove through the checkpoint, 383 drivers were screened by officers. Field sobriety tests were given to three drivers, leading to the two DUI arrests.
Seven vehicles were towed for various reasons. Of the 13 citations issued, five were for driving on a suspended license and the remaining eight were for unlicensed driving.
The full article can be found here.