Monder Law Group - News
Defending a DUI Checkpoint Case in San Diego
In attacking a DUI checkpoint an experienced DUI Defense Attorney will first need to see whether the roadblock in questions was created and operated properly under the constitution. For each traffic stop there must be a traffic violation or an equipment violation observed prior to the stop. The prosecution has the burden of justifying the detention during the stop at the checkpoint.
The best way to attack a DUI checkpoint in any DUI case in San Diego is to file a suppression motion. This is accomplished via a hearing with the arresting officer present in court testifying as to the probable cause of the arrest. It is my job as a criminal and DUI defense attorney to cross-examine the officer in a direction that he or she does not comply with state and federal law regarding the operating of a checkpoint.
The most important piece of evidence in winning a suppression motion is to get an officer to agree that the sole purpose of the checkpoint is to make DUI arrests. As simple and straight forward this sounds the law basically prevents law enforcement from operating a checkpoint for the only purpose of arresting drivers for a DUI. The prosecution will steer the officer in justifying that operating the checkpoint is not for the purpose of only DUI arrests. An experienced defense attorney must be clever in eliciting testimony from the officer that will be helpful in winning your case.
We must establish certain criteria in regards to the checkpoint to lead the officer into providing affirmative testimony that will lead him down a path where he will agree that the checkpoint is for the sole purpose of arresting people for a DUI. The following criteria in the cross-examination of the officer is:
• Decision Making at the Supervisory Level.
• Limits on Discretion of Field Officers.
• Maintenance of Safety Conditions.
• Reasonable Location.
• Time and Duration.
• Indicia of Official Nature of checkpoint.
• Length and Nature of Detention.
An experienced criminal and DUI defense attorney in San Diego will look for the difference between enhancing safety and detecting a crime. Many checkpoints have everything to do about prosecuting the crime of drunk driving in San Diego. During the suppression motion in San Diego an experienced DUI defense attorney must ask the officer if the primary purpose of the drunk driving checkpoint was to catch and prosecute drunk drivers. If you hire the best DUI Attorney in San Diego, then you will get an affirmative response. Your DUI Defense Attorney will explain to the court that the United States Supreme Court expressly prohibited such conduct in City of Indianapolis v. Edmond.