Monder Law Group - News
DUI Checkpoints San Diego
The California Supreme Court under Ingersoll v. Palmer outlined several factors needed to conduct a DUI checkpoint.
These factors are:
1. Policy-making officials must make the decision selecting a location instead of officers. An officer in the field should not be the one to establish the site and the procedures used at the checkpoint.
2. There needs to be a neutral mathematical formula used at the checkpoint. For instance, every third, fifth or tenth driver will be stopped.
3. The officers must maintain a safe condition for motorists. This includes “proper lighting, warning signs, signals and clearly identifiable official vehicles and personnel are necessary to minimize the risk of danger to motorists and police.” Ingersoll v. Palmer, 43 Cal.3d 1321, 1341 (1980). The screening procedures can be altered depending on the flow of traffic.
4. The DUI checkpoint must be at a reasonable location. The location site “should be those which will be most effective in achieving the governmental interest; i.e., on roads having a high incidence of alcohol related accidents and/or arrests.” Id at 1343.
5. The time and duration is of a DUI checkpoint is based on the good the judgment of officials “in setting times and durations, with an eye to effectiveness of the operation, and with the safety of motorists a coordinate consideration. “ Id.
6. The Court wants to minimize the time each motorist is detained. The motorist should be “detained only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes.” Id.
7. Finally, the advance publicity is needed to minimize the intrusiveness by the DUI checkpoints.
These are factors are essential to validate a DUI checkpoint. The evidence gained from an unlawful checkpoint could be inadmissible in court.
If you have questions about DUI Checkpoints in San Diego, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063