A borrowed Blog: I follow these folks on Twitter and they have some good stuff predominately criminal defense but they do shed some light on some good topics. They are usually a god quick read and to the point. My take on it is that hopefully by reading these no I know would need to hire a criminal defense attorney, but we at the R. Rex Parris Law Firm have the chance to work with many people from all areas of the law and will be glad to refer you to a great criminal defense attorney.
What You Need to Know About DUI Checkpoints in California By DUI Defense Attorney on February 23, 2012
|Glendale police conduct a sobriety checkpoint at Gardena Ave. |
and Los Feliz Rd. Saturday night, December 17, 2011.
(Photo by Mike Mullen)
A DUI checkpoint in Garden Grove nabbed 2 alleged drunk drivers last night and cited 10 other for license violations. In total, nearly 700 vehicles were pulled over. But as any Orange County DUI attorney will tell you, in order for any of the citations or arrests to hold up in court, the DUI checkpoints must adhere to strict rules.
First and foremost, any police department intent on putting up a DUI checkpoint needs to announce the location of the checkpoint in advance. Also, for a checkpoint to be considered legal, officers must adhere to a mathematical formula when selecting which motorists to investigate. For example, they must decide in advance that they are going to question every 3rd vehicle or 5th vehicle and then adhere to that random number.
Should your vehicle be selected, California law dictates that an officer can only conduct a brief investigation and look for signs of impairment. If a driver does not appear to be impaired they must be allowed to drive on without delay.
All DUI checkpoints must be clearly marked with hazard lights and marked police cars. It is also not legal for an officer to pull you over for turning around or trying to avoid a DUI checkpoint unless you violate a traffic law in doing so.
If you have been charged with a DUI as the result of a DUI checkpoint and you feel as though the checkpoint was not conducted in accordance with California law, it is imperative that you immediately contact a criminal defense attorney. The estimated costs for a DUI conviction far exceed $10,000.
So with that take it as it may, file it in that vault of information and hopefully everyone is practicing safe driving habits and following the law. But same goes with the law enforcement personnel.