The Poway Station of the San Diego Sheriff’s Department announced in a press release that it conducted a DUI checkpoint on Friday, December 3rd, 2010, from 7 p.m. until 3 a.m., near the 11700 block of Poway Road. 1,328 vehicles passed through; however, no DUI arrests were made. During that…
San Diego DUI Lawyers Blog
San Diego Under Age Youth Sentenced for DUI Injury Accident
A San Diego teenager was sentenced after he admitted to driving under the influence and causing an injury accident. (This is a follow-up to the story originally posted on November 17th.) According to the Union Tribune, the seventeen year old was sentenced to the maximum penalty allowed under state law,…
California Court of Appeal Rules Evidence of a Refusal to Submit to a PAS Test is Not Admissible.
The California Court of Appeal ruled in People v. Jackson that the trial court incorrectly allowed evidence in at trial that the defendant refused to take a preliminary alcohol screening test (PAS). Defendant was arrested and was subsequently on trial for driving under the influence, DUI, in violation of Vehicle…
Vista Teen Apologizes For Oceanside DUI Accident that Injured Two
A Vista teen admitted he was driving while under the influence (DUI) of alcohol on October 18th, when the car he was driving struck a grandfather and toddler in Oceanside. The teen’s blood alcohol content (BAC) was reported by 10news.com as .21. California has a Zero Tolerance Law that applies…
California’s Sobriety Checkpoint/Roadblock Criteria (Part II)
The California Supreme Court set forth criteria for DUI checkpoints to ensure they are in compliance with the Federal and California’s State Constitution and to minimalize the intrusiveness of the stop in Ingersoll v. Palmer. The following is the last four of the ambiguous guidelines. 5. Time and duration. The…
California’s Sobriety Checkpoint/Roadblock Criteria (Part I)
Sobriety checkpoints or roadblocks were found to not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures in Michigan Department of State Police v. Sitz (1990). The California Supreme Court set forth criteria for checkpoints to ensure they are in compliance with the Federal and California’s State Constitution in…