I added my office in Escondido a few years back. DUIs are tough on normal hard-working everyday individuals. The process itself is difficult to deal with because you are dealing with the DMV and the court. This arrest impacts someone’s ability to drive. This can mess with their jobs and families. People are hard-pressed getting life handled as it is. Every morning I take pause to ensure my clients get my legal help and assistance in navigating them through the system.
I will head to court for them. I will handle the DMV hearing. I say all of this because DUIs are very serious cases and on the other side of the negotiations is an attorney who is looking to punish because that is how they believe will stop and execute their office’s guidelines. People charged with DUIs have a target on them that needs to be addressed. Call our office now for a free case evaluation at 858-751-4384 to get the ball rolling.
A segment of these cases is the DUI checkpoint cases. There is no bad driving observed. Someone rolls into a set up stop to be evaluated. These cases need to be throughly examined, especially in Escondido.
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 for 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 then he will likely arrest. Here are 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 for 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 the checkpoint. Among the factors are:
- The degree of discretion left to the individual officer in the field
- The specific location was 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 an 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 an Escondido DUI case is NOW, if you wait and procrastinate your rights may be lost, and you may end up with an Escondido DUI on your record for the next decade.
If you are charged with an 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.
Here is from the most recent checkpoint:
One driver was arrested on suspicion of drunk driving during a DUI/driver’s license checkpoint, according to police.
More than 1,900 vehicles passed through the checkpoint that was set up at Second Avenue and Broadway at 5 p.m. Friday through 1 a.m. Saturday, according Escondido Police Lt. Mike Kearney.
Of the 50 vehicles that were sent to secondary inspection, 24 drivers were cited for driving on a suspended license or no license at all, among other alleged violations.
“Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, license suspension and other expenses that can exceed $10,000 not to mention the embarrassment when friends and family find out,” Kearney said. “High visibility enforcements, which include DUI/driver’s license checkpoints, have been shown to lower DUI deaths and injuries.”
The full link can be found here.