So, you're driving down the road minding your own business when suddenly you see a sign up ahead “DUI CHECKPOINT.” What can you do?
Well, if you do not want to go through the checkpoint you may lawfully avoid the checkpoint by making a lawful turn or U-turn. If you are stopped for lawfully avoiding a checkpoint and charged with a DUI, you may have a good case to get the charges dismissed.
Checkpoints or roadblocks are being used more frequently by police. Police agencies sometimes receive federal grant money in order to conduct checkpoints. For a checkpoint to be lawful, it must pass constitutional muster. The controlling case for checkpoints is Ingersoll v Palmer (1987) 43 Cal 3d 1321.
Several factors are considered in determining the legality of a checkpoint including:
1) Advance notice to the press;
2) Safety of citizens;
3) Restrictions on an officers' discretion; and
4) Location and duration must be reasonable.
Within these four factors are many arguments that a checkpoint was conducted unlawfully. That is why a proper investigation is essential in defending checkpoint stops.
These are just a few points related to DUI that you need to know. Your DUI or DWI attorney's job is to provide an impassioned defense, but it always helps if you know as much as possible ahead of time.
For more information, or if you need a DUI attorney, contact us or give us a call at (877) 366-9440. Amy Morell Law is a highly-experienced DUI practice. We specialize exclusively in DUI defense; with over 17 years experience, we know the ins and outs of DUI defense.