OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled
Our Orange County DUI Lawyers have learned that OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled by local law enforcement who have planned three separate DUI checkpoints in the OC tonight.
In Santa Ana, the Police Department is running a sobriety checkpoint from 9 pm tonight (June 5th) through 3 a.m. Saturday at and around 3300 West Fifth Street in Santa Ana.
In Anaheim, our Anaheim DUI Attorney has learned that the Anaheim PD have a DUI checkpoint scheduled from 8:00 p.m. tonight, June 5th, 2015, from 8 pm through 3:00 a.m. tomorrow morning, at the 400 block of S. Brookhurst Street, in Anaheim.
Be aware, be careful, drive safe, and if you need a DUI Lawyer in Orange County, please don’t hesitate to call us at (877) 942-3090 for help.
WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?
OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana are scheduled to spend grant money. DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place. The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.
ARE DUI CHECKPOINTS LEGAL?
The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:
- Decision making by supervisors: This ensures that checkpoints aren’t set up in “arbitrary and capricious” locations and avoids any accusations of racial profiling.
- Limits on the discretion of field officers: Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
- Maintenance of safety conditions: The environment should focus on safety.
- Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
- Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
- Indicia of official nature of roadblock: This has to do with the notice involved in warning signs.
- Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, the smell of booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
- Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.