DUI checkpoints are being used more and more by San Diego police agencies, especially in Pacific Beach and downtown San Diego. Despite what you may think, DUI checkpoint cases are very winnable. All evidence obtained following a stop at a DUI Checkpoint can be suppressed if the police don’t follow certain procedures. This means that if the police did not follow these procedures than you can win your DUI checkpoint case.
The California Supreme Court spelled out the following factors that the police must follow at DUI Checkpoints:
(1) Whether the decision to establish the checkpoint, the selection of the site, and the procedures for operation are established by supervisory “command level” law enforcement personnel;
(2) whether motorists are stopped according to a neutral formula;
(3) whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used;
(4) whether the location of the checkpoint was determined by a policymaking official, and was reasonable;
(5) whether the time the checkpoint was conducted and its duration reflected “good judgment” on the part of law enforcement officials;
(6) whether the checkpoint exhibits sufficient indicia of its official nature (to reassure motorists of the authorized nature of the stop);
(7) whether the average length and nature of detention is minimized, and;
(8) whether the checkpoint is preceded by publicity.
See Ingersoll v. Palmer (1987) 43 Cal.3rd 1321; and People v. Alvarado (2011) 193 Cal.App.4th Supp. 13
A San Diego DUI checkpoint lawyer familiar with the requirements of DUI checkpoints can win your case. Contact the Griffin Law Office for a free consultation about your San Diego DUI checkpoint case.