Arrested at a San Diego DUI Checkpoint?
Were your rights violated at a sobriety checkpoint?
If you or someone you know has been stopped at a sobriety checkpoint and
charged with a
DUI, you need to immediately contact a lawyer at Mark R. De Yoe, APLC. There
is much debate over the constitutionality of sobriety checkpoints. The
Fourth Amendment of the United States Constitution says that there must
be probable cause before law enforcement has the right to search you or
your belongings and seize evidence of a crime. This is a very important
right and when it is violated prior to any criminal charge, a skilled
attorney can often get the charges completely dismissed.
In a DUI checkpoint, police officers may not be able to observe the things
that may indicate intoxication, such as:
- Committing a traffic violation
- A vehicle defect
- A suspicious driving pattern
These are essential to establishing probable cause. At a DUI checkpoint,
the intent is to reduce the number of drivers that may be intoxicated
by proving a space to
arrest anyone for DUI, regardless of the danger they pose to others.
Contact DUI defense Attorney De Yoe immediately if you have been stopped at a DUI checkpoint. Considering
the shaky Constitutional ground these stops stand on, our firm can put
30 years of experience fighting for the rights of the accused to your benefit.
What do I do if I was arrested at a DUI checkpoint?
The primary purpose of DUI sobriety checkpoints is to identify drivers
that may have been drinking and discourage this behavior in others. Police
must follow predetermined guidelines when conducting a traffic stop to
ensure its legality, such as:
- Advertising the roadblock in advance
- Have a neutral criteria for stopping motorists
- Follow safety precautions
- Detain drivers for only a minimal amount of time
Sobriety checkpoints sometimes may violate other rights. When law enforcement
targets certain minorities, whether purposefully or not, this too can
be a violation of rights. This is why law enforcement officials must operate
their DUI checkpoints by way of a predetermined pattern or plan. For example,
they must plan ahead of time to only inspect every fourth vehicle. This
will eliminate arbitrary criteria for inspecting vehicles.
The California Highway Patrol (CHP) conducts sobriety checkpoints, they
say, because California is the state with one of the highest possible
DUI accident rates. Officers conduct these checkpoints to reduce the number of
DUI related accidents per year. Police will often set these checkpoints up during late hours
of the night or early in the morning. This is because drunk drivers are
on the road more frequently during these hours. Unfortunately, so are
incredibly fatigued drivers. Tired drivers can exhibit the same tendencies
as intoxicated drivers, which may warrant a false arrest.
If you have been stopped and arrested for DUI at a checkpoint, contact
a San Diego DUI lawyer immediately! Our firm is here 24 hours a day, 7
days a week to defend you.
Attorney Mark R. De Yoe: Defending Your Rights
Law enforcement is a necessary part of a society and most honest citizens
support actions taken by police to safeguard society. The Constitution
laid down basic rights that apply to anyone when they are being charged
with a crime in order to prevent oppressive acts by police. Violations
of your rights at a sobriety checkpoint, no matter what other circumstances
exist, is unacceptable. It is important that you take action with your
legal representation to fight against any abuse of your rights.
Attorney Mark R. De Yoe is well-versed in recognizing rights violations
and he will persistently fight for a
dismissal of charges when this has occurred. Mark R. De Yoe, APLC has been successfully practicing
DUI defense in San Diego for more than 30 years. This is the kind of experience
you want to help you reach the most favorable result possible.
Contact our firm today to learn if your rights were violated and to find out how we can help you!