OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015
Our Orange County DUI Lawyers have learned of more OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015. Our La Habra DUI Information page learned that the La Habra Police Department’s Traffic Unit will be conducting a DUI/Driver’s License Checkpoint on July 31st, 2015, at an undisclosed location within the city limits between the hours of approximately 9:00 p.m. to 3:00 a.m.
ARE DUI CHECKPOINTS LEGAL?
As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State since the stops often result in citizens being slapped with minor (finable) offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and has been implemented during these stops as well.
Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution, as follows:
- Rhode Island,
- Wisconsin, and
Certain requirements for DUI checkpoints to be legal do apply, though. In California, the Ingersoll case law decision applies. Quoting from that decision:
In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)
CONTACT US TODAY.
Contact us. If you have questions about Orange County DUI checkpoints, or were arrested for DUI in Orange County, contact our Orange County DUI Defense Law Firm today. We can help you and give you an honest assessment of your case.