Sobriety Checkpoints

San Diego County DUI Arrests Up So Far This Holiday Season

December 22, 2010 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s Department announced that 122 driving under the influence (DUI) arrests were made in San Diego County from 12:01am Friday, December 17th, through midnight on Saturday, December 18th. According to the press release, the number of DUI arrests is up from the 57 arrests made during the same time period last year.

Throughout San Diego it is expected that DUI checkpoints and saturation patrols will continue as the Christmas holiday approaches. California Avoid lists the following upcoming DUI checkpoints:

San Diego / SDSU Area: Thursday, Dec. 23rd, 7:00 p.m. – 3:00 a.m.

Chula Vista to Conduct Sobriety Checkpoint

December 17, 2010 | The Law Offices of Susan L. Hartman

A DUI checkpoint will be conducted by the Chula Vista Police Department on December 17th, 18th, and 19th, at an undisclosed location in the city.

Chula Vista Police recommends holiday partiers plan a safe way home before the festivities begin, use a designated driver, call a taxi, sober friend or family member, or use public transportation.

The California Office of Traffic Safety (OTS) provides funding for these operations.

San Diego County To Conduct More DUI Holiday Checkpoints

December 16, 2010 | The Law Offices of Susan L. Hartman

santa hat 2.jpg The San Diego Sheriff’s Department warned San Diego residents they are conducting saturation patrols, looking for under the influence (DUI) drivers between December 17th and New Year’s weekend.

DUI checkpoints will also be conducted in the following cities in San Diego:

Vista: 12/17, 900 Vista Village Drive.

Encinitas DUI Checkpoint Statistics Announced By San Diego Sheriff

December 13, 2010 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s Department announced the results of their Encinitas DUI checkpoint. According to the press release, the checkpoint was conducted on the 1800 block of South El Camino Real.

Only two DUI arrests were made even though 929 cars passed through, 521 drivers were contacted, and five people did the field sobriety tests (FST’s).

The American Beverage Institute (ABI), a restaurant trade association, claims that only 1% of those who pass through a checkpoint are charged with DUI. In this particular checkpoint, less than 1% of those who passed through were arrested.

Encinitas to Conduct a DUI Checkpoint and Saturation Patrol

December 9, 2010 | The Law Offices of Susan L. Hartman

The Encinitas Station of the San Diego Sheriff’s Department announced in a press release they will be conducting a holiday DUI checkpoint and saturation patrol on Friday, December 10th, from 8 p.m. until 3 a.m. The checkpoint will be located at the 1700 block of South El Camino Real.

It is the holiday season. You can expect that law enforcement from Chula Vista and El Cajon to Oceanside and Temecula will be out in full force looking for drivers who are under the influence. Do not take a chance of getting arrested. Plan ahead before you head out to your holiday party.

The California Highway Patrol (CHP) recommends you use a designated driver, prepare to stay the night, call a friend for a ride, or call a cab. BUT, If you do get arrested for DUI, an aggressive DUI attorney can protect your rights. You have to act fast. You only have 10 days from the date of arrest to request a DMV hearing; otherwise, your driving privilege will be revoked or suspended.

Santee Sobriety Checkpoint Results In 5 DUI Arrests

December 7, 2010 | The Law Offices of Susan L. Hartman

A Santee DUI checkpoint was conducted by the San Diego Sheriff’s Department on Saturday, December 4th, from 8:30 p.m. until 3 a.m. Sunday morning. 751 cars were contacted on the 8800 block of Mission Gorge Road, which yielded 5 DUI arrests, according to the Sheriff’s Department Press Release.

The checkpoint was conducted under a grant provided by the California Office of Traffic Safety.

Now that the holidays are here, you can expect that all law enforcement, including the San Diego Sheriff’s Department, San Diego, Chula Vista, National City, El Cajon, and La Mesa Police Departments, and the California Highway Patrol, will be stepping up their efforts to find drunk drivers.

Poway Station of the San Diego Sheriff’s Department Conducts Driving Under The Influence Checkpoint

December 6, 2010 | The Law Offices of Susan L. Hartman

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 time, the deputies stepped up their patrol for DUI suspects in a saturation patrol and two suspected DUI arrests were made.

In their press release, the Sheriff’s Department claimed such checkpoints have been proven effective to lower the number of DUI deaths. They specifically cited the National Highway Traffic Safety Administration (NHTSA) which claims the total traffic fatalities are at their lowest levels in six decades and in California DUI deaths declined by 16 percent, from 1,132 in 2007 to 950 in 2009.

California’s Sobriety Checkpoint/Roadblock Criteria (Part II)

November 8, 2010 | The Law Offices of Susan L. Hartman

checkpoint sign.jpg 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 time of day and how long the DUI checkpoint lasts bears on the intrusiveness to the motorist. Law enforcement is expected to use good judgment in setting the times and duration, considering effectiveness and safety.

6. Indicia of official nature of roadblock. The roadblock should be highly visible with warning signs, flashing lights, adequate lighting, and official police vehicles and officers in uniform.

7. Length and nature of detention. Motorists should be detained for a minimum amount of time. This brief encounter should allow the officer to question the driver to look for signs of intoxication. If there are signs of impairment, the driver can be asked to move to another area for sobriety tests. This has to be based on probable cause and principles of detention and arrest would apply.

8. Advance publicity. This was a requirement, but as of People v. Banks advanced publicity is just another factor to be considered.

The foregoing criteria are just guidelines. If law enforcement fails in one or more of these areas, the checkpoint is not automatically deemed illegal or unconstitutional. A skilled attorney may argue to the court such failure rises to the level of a constitutional violation. If this motion is won, your DUI case may be reduced or even dismissed.

Part I was posted on November 1st, 2010.

California’s Sobriety Checkpoint/Roadblock Criteria (Part I)

November 1, 2010 | The Law Offices of Susan L. Hartman

checkpoint sign.jpg 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 Ingersoll v. Palmer (1987). However, the court did not require all the factors be present for the checkpoint to be deemed constitutional.

The California Court decided driving under the influence (DUI) checkpoints should function as a deterrence and not solely to increase the number of DUI arrests. In this opinion, the Court explained the ambiguous guidelines law enforcement must use to minimalize the intrusiveness of the stop.

1. Decisionmaking at the supervisory level. The decision to conduct the DUI checkpoint, the location of the site, and the operation procedures are to be established by supervisory law enforcement not field officers.

2. Limits on discretion of field officers. There must be a neutral formula to determine which cars are to be stopped. This is not to be left in the discretion of the field officers.

3. Maintenance of safety conditions. This is done by employing proper lighting, signs and signals, and having clearly identifiable official vehicles and personnel.

4. Reasonable location. The location should be determined by policy-making officials not field officers. The site should be one that has a high rate of alcohol related accidents and arrests. Safety should also be considered when choosing the location.

The last four criteria will be discussed in another future posting, “California’s Sobriety Checkpoint/Roadblock Criteria (Part II).”