Warmer weather is here. This usually brings a spike in El Cajon 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 El Cajon DUI call (858) 751-4384 for a free consultation.
The utilization of El Cajon 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 El Cajon fines and penalty assessments from convictions in Court. Police have also used saturation patrols as a way to ferret El Cajon 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 El Cajon 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. One very common problem with El Cajon 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 El Cajon 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 an El Cajon DUI case is NOW, if you wait and procrastinate your rights may be lost, and you may end up with an El Cajon DUI on your record for the next decade.
If you are charged with an El Cajon 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.
The El Cajon Police Department will be conducting a drunken driving/driver’s license checkpoint Saturday night.
Officers will set up the roadblock in the 800 block of El Cajon Boulevard in the southwest part of the city from 7 p.m. Saturday until 2 a.m. Sunday.
“The deterrent effect of high-visibility enforcement using both DUI checkpoints and DUI saturation patrols has proven to lower the number of persons killed and injured in alcohol or drug-impaired crashes,” Lt. Steve Kirk said. “Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized proactive DUI operations are conducted routinely.”
The location was selected based on collision statistics and frequency of DUI arrests, in an effort to deter motorists from driving under the influence of alcohol or drugs, according to Kirk.
Officers will be looking for signs of alcohol and/or drug impairment, with officers checking drivers for proper licensing.
Motorists should expect only slight delays.
El Cajon police officers have investigated 242 DUI collisions – including two fatalities and 56 injuries – over the past three years, Kirk said.
Funding for this checkpoint was provided to the department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.