I was in Poway this weekend. Such a sleepy place on a Saturday evening. I grabbed some items for the house at Lowe’s before grabbing a bite with the family. I saw the makings of what was a DUI checkpoint. I later saw the article below on the results of the checkpoint. I thought it would be a good subject to talk about today because DUI checkpoints in Poway are a tad unique.
DUI patrols in Poway are pretty routine. The sheriff’s wait outside the Brigantine, players sports bar, or Kaminski’s. The checkpoint is usually the same. The location is Poway Road run by the Sheriff’s dept. Poway is unique to most of San Diego County. The city has the County Sheriff patrolling (as opposed to a city force). The sheriff is one of the last agencies that have not implemented body cameras or video. It makes a case more “traditional” in the fact that the police report is the anchor of the prosecution’s evidence. A Poway DUI checkpoint must be examined thoroughly because it must satisfy criteria set out by the court. I will explain more in this article. Call the Law Offices of Mark Deniz to get the ball rolling at (858) 751-4384.
Whether you are driving home from a fun-filled day at Lake Poway or just driving through the “City in the Country” and you or a loved one find yourself arrested for a DUI or other crime, you must find to advocate on your behalf. Mark L. Deniz Esq., a skilled DUI and criminal defense attorney, is the best lawyer for the job. 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. Poway 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. Poway DUI attorney Mark Deniz can meet conveniently throughout the county to serve the needs of his clients. If you were arrested in Poway, you might have to appear downtown. If you live in Poway, attorney Mark Deniz can appear downtown at court for you. The court location can be found in the Resource section.
Here is the recent article. The full article can be found here.
Four drivers were arrested at a DUI/driver’s license checkpoint in Poway that ended Saturday morning, two for driving under the influence of alcohol, one for driving under the influence of drugs and one for possession of a stolen vehicle from Colorado, according to sheriff’s officials.
The checkpoint was set up from 8 p.m. Friday until 2:15 a.m. Saturday in the eastbound lanes of the 12100 block of Poway Road, according to Sgt. David Cheever.
A total of 1,443 vehicles passed through the checkpoint and 605 vehicles were screened in the primary inspection area. There were 29 vehicles sent to the secondary screening area so the drivers could be evaluated or have their driver’s license status checked, Cheever said.
The four drivers who were arrested were later booked into jail. There were eight citations issued to unlicensed drivers and one vehicle was towed from the checkpoint, Cheever said.
“The primary intent of this checkpoint was to educate the public of the dangers associated with drinking and driving,” Cheever said. “The drivers who went through the primary screening area were given a handout about the city of Poway’s social host laws.”
The checkpoint was funded by a grant obtained from the California Office of Traffic Safety.
Here is some more information on Poway DUI Checkpoints:
Ingersoll v. Palmer
Ingersoll v. Palmer, 43 Cal. 3d 1321 (1987), was the first California case addressing sobriety checkpoints. The case considered the legality of one of the first sobriety checkpoints in California, one designed as a model program. Id. At 1326. The court began by noting that at sobriety checkpoints, police do not need reasonable suspicion of criminal activity to stop motorists:
Petitioners contend the validity of a sobriety checkpoint stop must be determined by the standard outlined in In re Tony C. (1978) 21 Cal. 3d 888, requiring an individualized suspicion of wrongdoing. If the primary purpose of the stop here were to detect crime or gather evidence of the crime, we would agree with the contention that an individualized suspicion of wrongdoing is required. But, as we shall explain, the primary purpose of the stop here was not to discover evidence of the crime or to make arrests of drunk drivers but to promote public safety by deterring intoxicated persons from driving on the public streets and highways.
The court further stated,
We, therefore, conclude the propriety of the sobriety checkpoint stops involved here is to be determined not by the standard pertinent to traditional criminal investigative stops, but rather by the standard applicable to investigative detentions and
inspections conducted as part of a regulatory scheme in furtherance of an administrative purpose.
Id. at 1327-28. The court analogized to airport screening searches, which do not require any individualized suspicion of criminal activity. Id. At 1328. The court considered and rejected the argument that the checkpoint was designed to arrest drunk drivers. Instead, it noted that the checkpoint was designed to raise public awareness and serve as a deterrent, and experience with checkpoints in other states indicated that they were effective deterrents. Id. At 1336-37.
The Ingersoll court also noted some factors in the checkpoint before it that minimized the checkpoint’s intrusiveness:
The decisions of courts of other states and the California Attorney General’s opinion which originally sanctioned the kind of checkpoints operated here have analyzed the issue of intrusiveness extensively and have identified some factors important in assessing intrusiveness. The standards articulated in these cases provide functional guidelines for minimizing the intrusiveness of the sobriety checkpoint stop.
Id. at 1341. The eight Ingersoll guidelines are: (1) decision-making at the supervisory level; (2) limits on discretion of field officers; (3) maintenance of safety conditions; (4) reasonable location; (5) reasonable time and duration; (6) indicia of the roadblock’s official nature; (7) minimal length and nature of detention; and (8) advanced publicity. Id. At 1341-46. The program at issue in Ingersoll complied with all of these guidelines, and was approved.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUIcharges. Whether you have been charged with a San Diego DUI, Poway 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, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vita
l 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]
San Diego-area municipalities have been increasingly using DUI or sobriety stops in recent years to apprehend suspected drunk drivers. The substantial state grant money, proceeds from fines and additional penalty assessments from court convictions has encouraged city governments and the California Highway Patrol to continue expanding the use of DUI checkpoints.
Checkpoints are often set up on weekends throughout San Diego County, from Oceanside to Chula Vista. The use of checkpoints is not always legal, however. In 1987, following the Ingersoll v. Palmer ruling, the United States Supreme Court gave guidelines necessary before any law enforcement officer(s) could initiate a checkpoint.
When a DUI checkpoint arrest is challenged in criminal court, the judge will consider each of the following factors:
- The location was chosen for the checkpoint
- Time and duration the checkpoint is operated
- Degree of discretion left to individual police officers
- Standards set by superior officers
- Whether advanced notice was given to the general public and approaching drivers
- Adherence to road safety conditions
- Length of time each driver is stopped and detained
Defending Your DUI Checkpoint Case
I, Mark Deniz, can help you evaluate whether your individual rights were violated and the appropriate next steps in your individual case. I am a local San Diego DUI lawyer who has handled hundreds of jury trials and hundreds of DUI cases throughout the San Diego area.
Common problems with DUI checkpoints include:
- Police officers stopping and detaining drivers who turn off the road before going through an announced DUI roadblock. Making a turn, even if for the expressed purpose of avoiding the roadblock, is not illegal and is not a legitimate reason to stop and detain a driver. It is a violation of your rights, and I can file a motion to have the evidence collected after an illegal stop and arrest thrown out of your case.
- Breath testing with mobile breath test devices. Breath tests administered in the field may give faulty readings due to damage that can occur to the device in the field and the calibration of the device. I can challenge the reliability of the results on several grounds, including the requirements of Title 17 of the California Code of Regulations, which mandates that individuals being administered breath tests be observed by a police officer for a minimum of 15 continuous minutes before the test, which rarely occurs in any DUI arrest situation.
DUI checkpoints impose significant intrusions upon the general public. Their allowance in practice should be extremely limited. If you or a loved one was arrested on suspicion of drunk driving at a DUI roadblock in San Diego or surrounding areas, please call The Law Offices of Mark Deniz APLC to speak with me right away.