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, 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.
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 Orange County 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.
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.
Searching for a DUI lawyer 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!
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Phone: (714) 362-0157