Orange County DUI Checkpoints May 4-5, 2018

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Tag Archives: orange county dui

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints tonight
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.Orange County DUI Checkpoints May 4-5, 2018.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:

Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:
“Cop here! DUI check points are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.”

The following are the DUI Checkpoints in Orange County announced for this weekend:

Newport Beach DUI Checkpoint Saturation Patrols

One of the Orange County DUI Checkpoints is actually saturatio patrol activity — the Newport Beach Police DUI Saturation Patrols are scheduled on both May 4, 2018, and May 5, 2018, from 6 pm to 3 am within the City of Newport Beach. In the past, DUI checkpoints in Newport Beach have been on Santa Barbara Avenue near Fashion Island, or near MacArthur or Jamboree and Pacific Coast Highway, or leaving the Balboa Peninsula on  Newport Boulevard.  The police announced Saturation Patrols in Newport Beach, which are specially trained and equipped officers out looking for drunk drivers.  Our Newport Beach DUI Information Page.

Anaheim DUI Checkpoint

One of the Orange County DUI Checkpoints is the Anaheim DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am on Lincoln and Anaheim Boulevard in the City of Anaheim.  As announced on the Anaheim PD’s Facebook page. Our Anaheim DUI Information Page.

Orange DUI Checkpoint

One of the Orange County DUI Checkpoints is the Orange DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am at 300 The City Drive, across from the Outlets in Orange, as announced on the Orange PD’s Facebook Page. Our Orange DUI Information Page.

Garden Grove DUI Checkpoint

One of the Orange County DUI Checkpoints is the Garden Grove DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of Garden Grove, as announced via press release from the Garden Grove Police Department. Our Garden Grove DUI Information Page.

Buena Park DUI Checkpoint

One of the Orange County DUI Checkpoints is the Buena Park DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of  Buena Park, as announced via press release from the Garden Grove Police Department.
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.

Contact us.

DUI Checkpoints in Orange County
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoints cases, we can help you, or your loved one.  Consult with us today.

Can a breath test and a blood test from the same DUI subject have different results?

Can a breath test and a blood test from the same DUI subject have different results?

A new academic paper examines whether or not the same subjects, who should have the same alcohol factors when being tested, could have different results when blood is drawn from them, and when a breath machine tests their blood at the same time. In Orange County DUI cases, both DUI blood tests and DUI breath tests, are used to measure alcohol.

dui blood test

Published on November 20, 2015, the paper, titled “Comparison of venous blood alcohol concentrations and breath alcohol concentrations measured with Draeger Alcotest 9510 DE Evidential” was published in the Forensic Science International Journal.

Noting that most blood and breath comparisons over the past 70 years were done as either drinking trials, or using police report data, which often had discrepancies and variance in timing between the breath machine test and the extraction of blood, the study set out to test blood under realistic circumstances and using strict protocols to ensure valid measurements.

Using 78 people for the test, in Germany, the test researchers used very short timing protocols, to ensure that the breath and blood were drawn from the body fairly close to one another.

It was shown in the paper that the ratio of blood alcohol to breath alcohol had a wide discrepancy.  As measured in the group, it varied greatly (between 1571:1 and 2394:1) and the ratio was shown to increase with increasing BAC. A constant conversion factor that is suitable for variable forensic purposes could not be presented.

Can a breath test and a blood test from the same DUI subject have different results? Yes.

And that means problems for trying to correlate DUI cases between a breath test, and a blood test, which in the real world of DUI arrests are not taken together, almost ever.  Especially with high blood alcohol DUI cases, this might be a problem.  If there is a discrepancy between results, that might mean that the DUI blood testing was not accurate, or the DUI breath testing was not accurate, both, or that the actual measurement discrepancy is variable for reasons discussed in the paper.

Contact us now with questions

Don’t delay contacting our law firm, or Orange County DUI Lawyer Robert Miller if you need help.  We can start you on a strategy that will help your DUI case immediately.  Contact us today.

Halloween DUIs more deadly than New Year’s Eve

Halloween DUIs more deadly than New Year’s Eve

Our Orange County DUI Attorney received information from the National Highway Traffic Safety Administration about DUI accidents.  Fatal crashes involving a drunken driver occur three times more often on Halloween when compared to New Year’s Eve. That means that Halloween DUIs are more deadly than New Year’s Eve.

“They’re always more cognizant of not drinking and driving because they know law enforcement is out there and it’s probably not the kosher thing to do,” an official said regarding the jump in accidents on Halloween compared to New Year’s Eve. “Halloween rolls around, people aren’t thinking of that as much.”

Lurking among the “100 Deadliest Days” of summer is the deadliest day of them all – the Fourth of July holiday. The IIHS studied deaths resulting from auto accidents from 2005 to 2009 and ranked July 4 as the deadliest day of the year, with 144 driving-related fatalities on average.

The most traveled holiday period of the year is Thanksgiving weekend, and DUI arrests are at their highest between Thanksgiving and the end of New Year’s weekend. Thanksgiving Eve is even referred to as “Black Wednesday,” as it may be the busiest night of the year for bars. Social binge drinking (consumption of a high volume of alcohol in a short period of time) is also common at this time of year.

The IIHS found that the second deadliest day after July 4 was September 2, followed by August 13, July 15, May 20, and November 11. Perhaps surprisingly, New Year’s Eve ranked 7th, with 130 average fatalities.

IIHS also discovered that seven of the 25 deadliest days in the U.S. occurred during August, which made it the deadliest month on the road. September and July rank as the second and third deadliest months, according to the NHTSA, and March had the fewest auto fatalities.

Many of the deadliest days occur when people celebrate special occasions and events, such as Cinco de Mayo or the Super Bowl. For example, a NHTSA study found that alcohol-related crashes claimed a life every 51 minutes on St. Patrick’s Day in 2010, accounting for 32% of all fatalities that occurred that day.

Contact us for questions.

Don’t delay contacting us if you had a DUI, on Halloween, or any other day.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

 

 

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases: The California Office of Traffic Safety introduced an app a few months ago, meant to encourage designated drivers, and to discourage drunk driving. That would have the effect of lowering DUI arrests in Orange County.

The phone app, called DD VIP, is made for both iPhones (and iPads), and Android devices, shows exclusive offers and discounts for designated drivers at bars and restaurants throughout California. It also offers a way to call for a ride home in case the designated driver decides to have something to drink.

Android users can get the app here: https://play.google.com/store/apps/details?id=com.glass.ddvip&hl=en

iOS users can get the app here: https://itunes.apple.com/us/app/ddvip-bar-finder-for-designated/id941928425?mt=8

On the Apple iTunes store, one comment states: “First DD app that isn’t just a cab finder. Does what it says and what I want. Finally, being the DD is cool, plus free stuff!’

As an Orange County DUI Attorney, I am always on the look for changes to technology, the law, and defenses, whether legal or factual.

I’m also interested in both keeping the police and courts honest, and keeping our roads safe. I checked out this app and see that for Newport Beach DUI and surrounding designated drivers, there were listings for Bayside Restaurant, The Class of 47 Bar, and The Alley Restaurant and Bar. Bayside had a “Fojito”, a non alcoholic drink made with strawberries, mint leaves, and fresh lime juice, and the others allowed designated drivers to choose any drink without alcohol. All presented the option to have one drink, free, at their establishment.

It also has a link to call Uber, Lyft, or Curb (which used to be called Magic Taxi), if someone needs a ride.

This app is well done and surprisingly forward thinking for the CHP and CA Office of Traffic Safety, and may help encourage designated drivers and lower DUI Arrests.

OC DUI Checkpoints: La Habra Checkpoint scheduled for July 31, 2015

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.

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015, as part of law enforcement’s efforts to cut down on DUI cases in La Habra.

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.

We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution, as follows:

  • Alaska,
  • Idaho,
  • Iowa,
  • Michigan,
  • Minnesota,
  • Montana,
  • Oregon,
  • Rhode Island,
  • Texas,
  • Washington,
  • Wisconsin, and
  • Wyoming.

 

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.

DUI Checkpoint in Santa Ana Planned

DUI Checkpoint in Santa Ana Planned

Our Orange County DUI Lawyers have learned that the Santa Ana Police Department has a DUI Checkpoint in Santa Ana Planned for tonight, as an Orange County DUI Checkpoint.

Police will be conducting a DUI/Drivers License checkpoint tonight, Friday, July 17th, 2015.

It will begin at 9:00PM and is scheduled to conclude at 3:00AM, and it will be conducted in the area of 1500 E. McFadden Avenue, in the City of Santa Ana.

Be safe and plan ahead.

English: The Santa Ana Police Department and J...

Another Orange County DUI Checkpoint tonight, courtesy of the Santa Ana Police Department.

Why does law enforcement have Orange County DUI Checkpoints?

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 is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. 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: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • 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 is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • 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, smell for 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.

Contact us

Contact our firm if you have any questions about Orange County DUI Checkpoints.  We can help you.

DUI on a motorcycle alleged in Huntington Beach

English: City flag of Huntington Beach, Califo...

Huntington Beach DUI

Our Orange County DUI Lawyers have learned that a man suspected of driving under the influence was injured in a solo motorcycle accident that closed part of northbound Pacific Coast Highway in Huntington Beach early the morning of June 20, 2015.  DUI on a motorcycle alleged in Huntington Beach as a result of this accident.

The driver was taken to UCI Medical Center in Orange with non-life-threatening injuries and was issued a citation only for his Huntington Beach DUI, according to a Huntington Beach Police Department spokesperson.

California’s Vehicle Code 23152 (a) or (b) applies to those caught driving a motorcycle while impaired. This section of the Vehicle Code makes it illegal for anyone to operate a motor vehicle under the influence of alcohol or drugs. Anyone proven to do so in a court of law will be found guilty of a DUI and sentenced according to guidelines that are set by legislation.

DUI laws apply to any motor vehicle where the operator or driver is under the influence, or above a .08% alcohol level, or influenced by drugs.

Motorcycles are especially dangerous, and being DUI makes them more so.

Riding a motorcycle requires complex skills that are very demanding of the driver, and impaired judgment is more dangerous on a motorcycle.

A motorcycle is considered to be a vehicle as defined in the code as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Just as with automobiles, motorcycle driver impairment is a serious problem. Statistics show that motorcycle drivers in fatal crashes had higher intoxication rates than drivers of other vehicles.

There are generally more DUI arrests involving cars than motorcycles due to the number of cars on the road, but motorcycles riders are not immune from law enforcement scrutiny. In fact, many motorcycle riders report coming under extra scrutiny from those in the law enforcement community, whether as the result of concerns over “biker gangs” or because the additional equipment and noise regulations that motorcycles must comply with to be street legal. A motorcycle rider stopped for a muffler or equipment violation may soon find him or herself the target of a DUI investigation if the officer notices telltale signs of intoxication such as bloodshot or watery eyes, slurred speech or the odor of alcohol.

The DMV, as well, will suspend a license for DUI on a motorcycle, just like they do with any motor vehicle, including cars.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

ORANGE COUNTY DUI CHECKPOINT INFORMATION FOR JUNE 19-21, 2015

Orange County DUI Checkpoint Information for June 19-21, 2015Don't get a DUI in Orange County

Don’t get a DUI in Orange County!

Our Orange County DUI Lawyers have obtained Orange County DUI Checkpoint Information for June 19-21, 2015, and learned that law enforcement have been announcing DUI checkpoints and Saturation Patrols for this upcoming weekend here in the OC. Checkpoints in Santa Ana, Placentia, and roving DUI saturation patrols in Villa Park, Stanton, and Yorba Linda are happening this weekend in those respective cities.

The Santa Ana Police Department is having a DUI checkpoint tonight, Friday, June 19, 2015. It will begin at 9:00PM and is scheduled to conclude at 3:00AM. It will be conducted in the area of 1000 E. Fourth Street, in the City of Santa Ana.

The Police Department in Placentia, announced a DUI checkpoint through a press release at facebook, that states that a DUI checkpoint will take place from 8pm to 2am at an unknown location in the City.

And, the Orange County Sheriff’s Department will be conducting roving DUI saturation patrols (where officers trained in DUI detection will be driving looking for persons suspected to be DUI, in the cities of Yorba Linda, Stanton, and Villa Park.

Why would police agencies announce a DUI checkpoint ahead of time for the Orange County DUI Checkpoint Information for June 19-21, 2015? Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.

The concurring opinion in State ex rel. Ekstrom v. Justice Ct. of State, supra, 663 P.2d 992, at page 1001 explained the value of advance publicity: “Such publicity would warn those using the highways that they might expect to find roadblocks designed to check for sobriety; the warning may well decrease the chance of apprehending `ordinary’ criminals, but should certainly have a considerable deterring effect by either dissuading people from taking `one more for the road,’ persuading them to drink at home, or inducing them to take taxicabs. Any one of these goals, if achieved, would have the salutary effect of interfering with the lethal combination of alcohol and gasoline. Advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening.” (663 P.2d 992, 1001, conc. opn. Feldman, J.; see also State v. Deskins, supra, 673 P.2d 1174, 1182.)

Publicity also serves to establish the legitimacy of sobriety checkpoints in the minds of motorists. Although the court in Jones v. State, supra, 459 So.2d 1068, found that advance publicity was not constitutionally mandated for all sobriety roadblocks, nevertheless the court offered the observation, consistent with finding reasonableness under the Fourth Amendment, that 1347*1347 “`[A]dvance publication of the date of an intended roadblock, even without announcing its precise location, would have the virtue of reducing surprise, fear, and inconvenience.’ [Citation.]” (Id., at p. 1080.)”

If you have questions for an expert in Orange County DUI matters, call out firm at (877) 942-3090 anytime.

Irvine DUI Checkpoint announced for June 12, 2015

English: Freeway onramp to the 405 North at Ja...

DUI checkpoint near this onramp to the 405 North at Jamboree Road.

Another Orange County DUI Checkpoint, an Irvine DUI Checkpoint announced for June 12, 2015, was announced as an OC DUI Checkpoint. The Irvine Police Department have announced a DUI checkpoint to be conducted tomorrow, Friday, June 12, 2015, from 8:00 p.m. to 2:00 a.m. in the area of Jamboree Road and Michelson Drive. That area is near Houston’s, The Daily Dose, and is near the Daily Grill, The Melting Pot, on one side of the 405, and Andrei’s on the other.

Our Irvine DUI Lawyers learned about the DUI checkpoint from a press release issued by Irvine PD – they stated that they wanted publicity for this DUI checkpoint to deter drunk driving in the City of Irvine.

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.

In California, the Ingersoll decision sets up the legality of DUI checkpoints in CA, but also the requirements for them to be legal.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution. If you live in, or are driving through, any of these 12 states, you won’t have to worry about encountering entrapment checkpoints:

  • Alaska,
  • Idaho,
  • Iowa,
  • Michigan,
  • Minnesota,
  • Montana,
  • Oregon,
  • Rhode Island,
  • Texas,
  • Washington,
  • Wisconsin, and
  • Wyoming.

Interestingly, many of the 38 states that DO conduct checkpoints do so under the belief that they are “upheld” under the federal Constitution. Washington, D.C. also allows them for that reason.

And, the U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. That court found that the state’s interest in reducing drunk driving outweighs the “minor infringement” on a driver’s Constitutional rights.

Certain requirements for “Constitutional” checkpoints do apply, though.  In California, the Ingersoll decision applies:

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.

If you have questions about an Irvine DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today.  We can help you and give you an honest assessment of your case.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Orange DUI Checkpoint results in five arrests

Orange DUI Checkpoint results in five arrests

Our Orange County DUI Lawyers have learned that the Orange DUI Checkpoint results in five arrests from their Orange Police Department Orange DUI Checkpoint last weekend.

Of the five, four were related to alcohol, and one was drug related. (It was not mentioned whether this was a Prescription Drug DUI case, or an Illegal Drug DUI case). There were also 14 drivers cited or arrested on suspicion of operating a vehicle unlicensed or while a license was suspended/revoked, and 21 other citations issued.

The checkpoint screened 903 vehicles, so this was a 0.0553% arrest rate, which is typical for DUI checkpoints, which are largely inefficent when compared to other means, such as saturation patrols.

As we had announced here, the Orange DUI Checkpoint was set up from 9 p.m. to 3 a.m. at 300 The City Drive South in Orange, California. If you need the help of the Best DUI Lawyer in Orange County, please call our law firm at (949) 682-5316.

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

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 is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. 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: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • 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 is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • 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, smell for 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.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.