for Your Rights
One of the tactics law enforcement agencies use to try and catch impaired drivers is the DUI checkpoint. Officers establish these checkpoints by setting up roadblocks at pre-designated locations during pre-designated time periods. At these roadblocks, the officers stop vehicles for the purpose of searching for signs of drug or alcohol impairment in the drivers. The officers are only allowed to carry out DUI investigations if come across such signs. Under California law, various rules must be followed in order for these checkpoints to be legal. When the rules are broken, it’s possible to argue that the officers violated the arrested driver’s Fourth Amendment rights against unreasonable search and seizure, and that the arrest was not based on insufficient probable cause.
Are you facing DUI charges because of an arrest that occurred at a DUI checkpoint? If you are, you can bring your case to Thomas Tears, Attorney at Law for hard-hitting criminal defense. Mr. Thomas Tears, who is a highly experienced Santa Ana DUI attorney, can review the events related to your DUI checkpoint stop, closely analyzing whether there were any mistakes that violated your rights. When mistakes are found, these errors oftentimes serve as grounds for getting the DUI case dismissed.
In 1987, the Supreme Court (in Ingersoll v. Palmer) laid out various standards that must be met in order to carry out a lawful DUI checkpoint that does not violate drivers’ Constitutional rights. These standards include the following:
Was one or more of these guidelines violated at the time of your DUI checkpoint? If so, our team here at Thomas Tears, Attorney at Law is here to help you address this issue. Let our criminal defense law firm help you challenge your DUI charges after you are arrested at a sobriety checkpoint. Contact us today!