California DUI Checkpoints
Orange County DUI Lawyer
In the state of California, DUI checkpoints are considered legal and they have become much more common over the years. Law enforcement officials however, are being strictly held to the guidelines that have been set forth by the California Supreme Court.
If you are pulled over at a legitimate DUI checkpoint and you are found to be driving under the influence, then you could risk the loss of your license and face a DUI conviction. DUI evidence found from an unlawful checkpoint however, will not be admissible in court because it could be seen as a violation of the individual's Fourth Amendment right.
Looking for a lawyer for a DUI in Orange County?
Our firm enjoys taking on DUI cases that stem from a sobriety checkpoint because we find that the prosecution does not have sufficient evidence to prove guilt. In DUI checkpoint cases there is usually no evidence of bad or reckless driving- this is typically the strongest form of evidence that prosecutors have when making their case and with it lacking your chances of success are far greater. Our Orange County DUI attorney is also familiar with all of the technical requirements that officers must abide by when conducting a DUI checkpoint. When officers fail to meet these requirements, we may be able to file a compression motion to contest the charges and your arrest can be deemed unlawful.
How Can I Fight a DUI Checkpoint Charge?
Strict guidelines have been established in regards to California DUI sobriety checkpoints and they stemmed from the Superior Court case decision of Ingersoll vs. Palmer. In this case the court decided that checkpoints were still lawful but that officers would have to adhere to stringent protocol rules. The rules were put into place to help minimize the intrusiveness of the checkpoints towards individuals. In order to effectively contest a DUI charge that stemmed from a checkpoint, you must be familiar with these guidelines and how they were broken. The new mandated checkpoint guidelines are as follows:
- The supervising officers must be in charge of the checkpoint
- DUI checkpoints must be highly visible and in an area where traffic laws allow for a safe stop
- The officers must have a mathematic formula to determine which drivers to stop (to eliminate officer discretion)
- Keep checkpoints safe and minimize danger risks with warning signs and proper lighting
- The location of a DUI roadblock and the time at which it occurs must be appropriate
- Officers can only detain drivers long enough to briefly question them (not to detain for long periods of time)
- Officers must provide future notice that the checkpoint will occur and where (when drivers are expecting it, it is less intrusive)
- Officers cannot pull someone over because they chose to avoid the roadblock
Irvine DUI Attorney Fighting Sobriety Checkpoint Cases
Searching for a lawyer for a DUI case in Newport Beach? With the help of an experienced DUI lawyer, you will be able to determine whether or not the DUI sobriety checkpoint that you were stopped at was lawfully conducted. When you driver's license or your freedom is on the line, you will need a skilled DUI defense lawyer to aggressively protect your rights in court. Here at the Law Office of Frances Prizzia, we can help you fight to obtain the best possible outcome in your case. Let us help determine whether or not your checkpoint arrest was lawful and ensure that your rights have not been violated. Attorney Prizzia is an aggressive legal defender and she will fight for you!
Have you been arrested for DUI at a sobriety checkpoint? Contact our firm today and consult a Newport Beach DUI lawyer without delay.