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Orange County DUI Checkpoints August 18, 2017

Orange County DUI Checkpoints August 18, 2017

DUI checkpoints are announced for the weekend of August 18, 2017, for Orange County, California, in the cities of Newport Beach, Mission Viejo, and Anaheim.  The specific information on Orange County DUI Checkpoints August 18, 2017, are as follows:

Newport Beach DUI Checkpoint

The Newport Beach DUI Task Force of the Newport Beach Police Department will be conducting an Orange County DUI Checkpoint on August 18, 2017, from the hours of 8 pm to 3 am.  While the exact location has not yet been announced, our Newport Beach DUI Lawyers have noticed a pattern – most prior DUI checkpoints have been on or near Jamboree Road, near Santa Barbara Avenue at Fashion Island, or at Dover Avenue and Pacific Coast Highway. Some in the past have been on PCH between Newport and Jamboree, on Finley at Newport Boulevard, or on the Balboa Peninsula.

Anaheim DUI Checkpoint

The Anaheim DUI Task Force of the Anaheim Police Department will be conducting a DUI Checkpoint on August 18, 2017, from the hours of 7 pm to 3 am.  It will be located on Lincoln Avenue, between Magnolia and Brookhurst Avenue. Our Anaheim DUI Attorneys are available if you have more information about this Orange County DUI checkpoint.

Mission Viejo DUI Checkpoint

The Orange County Sheriff’s DUI Task Force has a Mission Viejo DUI checkpoint on August 18, 2017, from the hours of 7 pm to 3 am.  The exact location has not yet been announced, most prior DUI checkpoints have been on or near Alicia, Oso, or Crown Valley.

Are Orange County DUI Checkpoints Legal?

California courts have upheld DUI checkpoints as legal. DUI checkpoints are constitutional under the California Constitution because the California Supreme Court considers them administrative procedures, rather like airport security, and therefore an exception to the rule that a police officer must have probable cause to initiate a traffic stop.

Are the Orange County DUI Checkpoints August 18, 2017, effective?

The main case in California regarding the legality of sobriety checkpoints is Ingersoll v. Palmer.  The Ingersoll case sets out the following eight guidelines in order for the security checkpoint to be considered constitutional:

  1. More experienced supervisor police officers must make all decisions in the DUI checkpoint;
  2. The criteria for stopping motorists in a DUI checkpoint must be neutral, such as “every third car”, rather than be “I think that person looks guilty”;
  3. The DUI checkpoint must be reasonably located;
  4. Adequate safety precautions must be taken for every DUI Checkpoint;
  5. The DUI checkpoint time and duration should reflect good judgment;
  6. The checkpoint must exhibit sufficient indications that it is a police operation;
  7. Drivers should be detained a minimal amount of time during the DUI Checkpoint, and
  8. All DUI Checkpoints must be publicly announced in advance, which is why the police send police press releases regarding DUI checkpoints.  It’s a legal requirement.

If police fail to comply with these criteria when the DUI checkpoint is set up, then the DUI checkpoint can be challenged and could lead to any results of the DUI checkpoint being suppressed, which is one way how to dismiss a DUI case.

Contact us

Contact us today if you have questions about any of the Orange County DUI Checkpoints August 18, 2017.  As among the best DUI lawyers in OC, we can help you if you or a loved one were arrested for DUI anywhere in Orange County.

 

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