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What to do if you are arrested at a Encinitas DUI Checkpoint. DUI Attorney Lawyer

On Behalf of | Apr 25, 2016 | Firm News |

I was reaading a recent article about a DUI checkpoint in Encinitas and I thought it would be good to write a little about what to do if arrested at a Encinitas DUI checkpoint. A new year brings a spike in Encinitas DUI arrests. It is key that you be proactive if you are arrested. There is a small window to give someone the best resolution possible. If you are arrested for Encinitas DUI call 858-751-4384 for a free consultation. The Vista/North county court is tough on DUIs and you want to be as proactive as possible.


Here is a recent article about a local DUI checkpoint that is planned.

Four drivers were arrested on Saturday night for drunk driving, and one driver was arrested for being under the influence of drugs at DUI checkpoints in Encinitas.

One DUI/Driver License checkpoint was held in the 1800 block of South Coast Highway 101 from 7:43 p.m. on Saturday to 1:00 a.m. on Sunday, according to the North Coastal Sheriff’s station. Two drivers were arrested for DUIs and one for driving under the influence of drugs at the Encinitas checkpoint.

Over 600 drivers went through the checkpoint, said Corporal Brenda Sipley from the San Diego Sheriff’s department. A total of 33 cars were sent to a secondary screening area for a deeper investigation.

Seven drivers went through field sobriety tests, said Sipley. Two of these drivers had been drinking, but were under the legal limit. Four drivers were cited for driving without a license and one driver for using a suspended driver license. There were also four vehicles impounded at the checkpoint.

In Chula Vista, police set up a checkpoint in the 600 block of Telegraph Canyon Road from 7 p.m. Saturday until 1 a.m. on Sunday. A total of 1,558 vehicles drove through the checkpoint and 1,032 were screened, according to police. Five drivers were given field sobriety tests resulting in two arrests for drunk driving.

Five vehicles were impounded, 10 drivers were cited for driving without a license or on a suspended license and another 27 drivers were given tickets for various vehicle code violations, police said.

Chula Vista Police on Sunday also announced the results of a distracted driver operation they held on Friday night from 4 p.m. to 9 p.m. in an effort to crackdown on texting while driving. A total of 79 vehicles were pulled over by officers on roving patrol, resulting in tickets for 28 drivers for texting. Another 38 drivers were cited for talking on their cell phones while driving, according to police.

Four vehicles were impounded and four drivers were ticketed for driving without a license or on a suspended license. Eight additional drivers were cited for other traffic violations like speeding, tinted windows, expired registration and sign violations.

The checkpoint was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, said Sipley. Its purpose was to remove drunk drivers from the streets, educate the community and increase public safety.

The full article can be found here.

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.  I have offices in San Diego and North county.   

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.

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