It is Friday and saw there was a DUI checkpoint planned tonight in San Diego (I have the article below). It felt like a good time to go over some thoughts about what someone can do at a San Diego DUI checkpoint.
You went near or into a San Diego checkpoint and got arrested. It happens too often. You turn a corner and the traffic gets funnelled right into the checkpoint. It is by design. There is very few options to avoid it and usually there is an officer waiting for people to make that quick turn away from the checkpoint.
Some people come armed into the San Diego DUI Checkpoint knowing their rights while most believe if they are cooperative and somewhat honest to police they may make it through. Some do…and some do not. If you are arrested at a San Diego DUI you are taken to jail and your vehicle is towed unless there is someone with you who can drive (who would have likely driven if they were in the car).
Someone usually spends 8-14 hours in jail waiting to bail out. The lingering thought of your jail experience will stay with you some time.
The key from this point is to find the right attorney to defend your case. The goal of a proactive and experiened attorney is to get you the best outcome possible for you. Call 858-751-4384 to get started.
You can fill out a free case evaluation here.
After a San Diego DUI arrest, the prosecutor will file a complaint in the Superior Court of California charging you with violations of California Vehicle Code Sections 23152 (a) (b), and possibly other vehicular offenses.
In the meantime, you should hire an attorney as soon as possible. You have 10 days from the date of arrest to place a stay on your license suspension. A San Diego APS hearing is key to being proactive in the San Diego DUI case. You want to begin unearthing facts as soon as possible.
All DUI Sobriety Checkpoints cases in San Diego should be evaluated in light of California Penal Code section 1538.5. Serious consideration should be given to filing a motion to suppress the evidence obtained at the sobriety checkpoint establishing your alcohol-related impairment. These motions filed in court challenge the lawfulness of the sobriety checkpoint under the Fourth Amendment to the United States Constitution and challenge the prosecutor to show that the checkpoint conformed to the guidelines set forth by the California Supreme Court.
The California Supreme Court Guidelines:(1) Whether the decision to establish a sobriety checkpoint, the selection of the site, and the procedures for the operation of the checkpoint are made and established by supervisory law enforcement personnel;(2) Whether motorists are stopped according to a neutral formula, such as every third, fifth or tenth driver;(3) Whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used; (4) Whether the location of the checkpoint was determined by a policymaking official, and was reasonable, i.e., on a road having a high incidence of alcohol-related accidents or arrests;(5) Whether the time the checkpoint was conducted and its duration reflect “good judgment” on the part of law enforcement officials;(6) Whether the checkpoint exhibits sufficient indicia of its official nature (to reassure motorists of the authorized nature of the stop);(7) Whether the average length and nature of the detention is minimized; and(8) Whether the checkpoint is preceded by publicity.
As California Supreme Court Justice Broussard stated, “the Fourth Amendment is highly inexpedient to law enforcement, yet to date we have not allowed mass detentions on the theory that these might prove useful in combating crime. I see no basis for distinguishing a drunken driving roadblock from any other mass detention established to prevent crime or apprehend wrongdoers.” Attorneys experienced with San Diego DUI checkpoints can identify the crucial parts of your DUI defense regardless of your blood alcohol level. Our experienced San Diego DUI attorneys look to formulate a solid defense for you by showing that the checkpoint violated your rights under article I, section 13 of the California Constitution and the Fourth Amendment against unreasonable search and seizure.
The purpose of the Fourth Amendment prohibition is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials. With the right attorneys looking for the right evidence in your favor, your attorney can make the case that the checkpoint was actually an unconstitutional roadblock and you were stopped illegally and subjected to a warrantless search and seizure.
With this said, contact our firm as soon as possible if you have been arrested for a San Diego DUI and be proactive. Call 858-751-4384 to begin being proactive now.
Here is the article about the upcoming DUI Checkpoint
The San Diego Police Department warned drivers who drink that they may encounter a DUI checkpoint Friday night.
The department said the checkpoint would be set up at an undisclosed location between 11 p.m. Friday and 3 a.m. Saturday.
Law enforcement experts say DUI checkpoints have been proven to reduce the number of persons killed and injured in crashes involving alcohol or drugs. Checkpoints are placed in locations where there have been previous collisions and DUI arrests.
Funding for the checkpoint is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
The full article can be found here.
Below is a brief history of rulings that have affected San Diego DUI checkpoints:
In 1987, the California Supreme Court held that sobriety checkpoints are lawful under the state and federal constitutions if they are conducted within certain limitations. In order for a Sobriety checkpoint, not be a declared unconstitutional roadblocks, each must be set up and regulated according to specific constitutional guidelines. However, the use of a checkpoint is extremely controversial because of the real danger it poses to our liberty interests, including the right to be secure in our persons, papers, and effects, against unreasonable searches and seizures as stated in the Fourth Amendment of United States Constitution and the Bill of Rights.
In 1993, the California Supreme Court said advance publicity is not a prerequisite to a constitutionally valid sobriety checkpoint, but the Court, also said in footnote number 3, “nothing in our decision should be construed to suggest that any of the eight guidelines, including advance publicity, are not relevant to a consideration of the intrusiveness of a sobriety checkpoint stop.”
In 1990, the United States Supreme Court upheld the use of sobriety checkpoints, stressing the individual states’ strong interest in eliminating the serious problem of drunk driving, noting the slight intrusion on drivers if subjected to a brief stop at the checkpoint, and the fact that it is for politically accountable officials to decide which reasonable law enforcement techniques should be used and that checkpoints are a reasonable technique.
In 2000, the United States Supreme Court ruled that vehicle checkpoints for the purpose of interdicting unlawful drugs violated the Fourth Amendment of United States Constitution, because the primary purpose of the checkpoints was indistinguishable from the general interest in crim
e control. The primary purpose of a sobriety checkpoint must be to “prevent and deter conduct injurious to persons and property.” The United States Supreme Court noted that it has upheld brief, suspicionless seizures at a sobriety checkpoint aimed at removing drunk drivers from the road in 1990, and in other limited instances, but the United States Supreme Court has never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing. The fact that it may have a secondary purpose of keeping impaired motorists off the road does not make such a checkpoint Constitutional.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected].