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 possiblle.
Here is the article about the DUI checkpoint:
A total of 905 vehicles passed through the checkpoint. Eighteen drivers were detained for sobriety tests and 10 of those drivers were arrested for suspected DUIs. Nine of their vehicles were then impounded, according to McCullough.
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 crime 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]