Sobriety Checkpoints in Murrieta, CA
Arrested for drunk driving at a sobriety checkpoint?
In California, DUI checkpoints are a common occurrence on many Friday and Saturday nights. These are conducted by the California Highway Patrol (CHP) or local law enforcement agencies, with the purpose of reducing the amount of drunk drivers on the road and helping to deter people from getting behind the wheel while intoxicated. Unfortunately, while these checkpoints can be well-intentioned, it does not mean that they are perfect. In fact, there are instances where a DUI checkpoint can wrongfully incriminate a sober person or even violate their legal rights.
It is important to remember that all checkpoints have incredibly specific guidelines that they must follow in order to be considered constitutional (on both a federal and state level).
- These include:
- Checkpoint must be regulated in regards to where, how, and when;
- There must be neutrality in stopping motorists (ex: every third car);
- There must be adequate safety precautions put in place;
- The checkpoint must be at a reasonable location (ex: high reports of DUI):
- The time and duration of checkpoint should be set using good judgment;
- Drivers in the checkpoint should not be detained for too long; and
- The checkpoint needs to be publically announced in advance of it occurring.
Protect Your Future with the Help of a DUI Attorney
If your DUI stemmed from a stop at a sobriety checkpoint, the time to act is now. By working with a skilled DUI lawyer from the Law Office of Nicolai Cocis & Associates, you can fight to protect your legal rights. We may be able to prove that you were subjected to an unconstitutional sobriety checkpoint, or we may even be able to find other weaknesses in the prosecution's case against you.
Regardless, we encourage you to call now. If you were arrested for DUI in Murrieta, Temecula, Menifee, Wildomar, Lake Elsinore, Hemet, Banning, Perris, Corona or Riverside, contact us to request your free case evaluation.