DUI checkpoints in Orange County recently nabbed several drivers who were said to have been driving under the influence of alcohol and/or drugs in Laguna and Irvine, according to the Orange County Register. Many of these DUI checkpoints in Orange County are funded by the California Office of Traffic Safety and local cities. City and county police agencies get these funds specifically to conduct DUI enforcement.
What happens if you are arrested at a DUI checkpoint? Do you have a defense? It is certainly possible that you have a very good defense in your case. Although sobriety checkpoints or DUI checkpoints are legal, the procedures used by law enforcement may not be carried out properly. There are rules set forth by courts that may not always be followed by police officials. For example, one rule is that police DUI checkpoint should provide adequate advance warning to the motorist of the roadblock ahead. In other words, the driver should have an alternate route of travel “escape route” should the driver wish to avoid the checkpoint. But what most law enforcement agencies do is they either don’t have this escape route and if they do, they place a squad car at that point to discourage motorists from “escaping.”
If it is determined by a court that the police agency conducting the DUI checkpoint did not properly follow regulations and procedures, then there is a good chance that your case may be dismissed. If you have been arrested at a DUI checkpoint or on any DUI charge, please contact the experienced Orange County DUI defense lawyers at Sitkoff & Hanrahan for a free and comprehensive consultation and case evaluation. Call 866-430-8383 today.
Source report: http://www.ocregister.com/articles/drivers-police-checkpoint-2545647-laguna-beach