It is a hot summer here in Escondido. The police are out in force to prosecute suspected DUI drivers. Here is some information on a recent checkpoint and some ideas when arrested for an Escondido DUI.
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:
A weekend checkpoint at Lincoln Avenue and Fig Street resulted in one arrest for suspicion of driving under the influence and 37 others being cited for various violations, a police official said Sunday.
The Escondido Police Department set up the checkpoint Saturday night, said Lt. Mike Kearney. Twenty-six people were cited for driving without a license, 11 for not having insurance and seven for driving on a suspended license, Kearney said.
Police conducted two field sobriety tests and arrested one person for suspected DUI, he added.
Kearney said that out of 2,275 vehicles that passed through, 879 vehicles were screened, and 60 vehicles were sent for a secondary screening if drivers could not produce a license, or were suspected of being under the influence of alcohol or drugs.
Drivers whose only offense was being unlicensed to drive were given the opportunity to locate ownership papers, while 16 ve
hicles were released to the owner or a designated driver, said Kearney, who added that police impounded 12 vehicles.