Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Police need to obey the steps prior to and during DUI checkpoints

Los Banos, California may be a ways from Roseville, California, but that doesn't mean that the DUI checkpoint the town will be enduring this weekend is meaningless to residents here. DUI checkpoints are very important, and they serve a critical purpose.

In the sense of safety, the intention of these checkpoints is to discourage people from getting behind the wheel of a car after they have consumed alcohol or other substances that would impair their judgment, in addition to catching anyone who may still be so bold as to get behind the wheel anyway. But from a legal perspective, these DUI checkpoints are actually very important to the defendant in a drunk driving case.

DUI checkpoints have to be announced well in advance of their implementation. The police have to make the announcement easily available to the public, and they have to disclose where the checkpoint will be happening and for how long the checkpoint will last. If the police fail to do these things, then any arrests or charges that stem from the checkpoint could be challenged and dismissed.

During the actual checkpoint, there are also strict protocols that the police must follow. Every person has a right to due process, and if the police act outside of their protocols, they jeopardize any criminal case they may try to make as a result of the evidence they gather at the DUI checkpoint.

Remember, the police aren't always correct and just in their actions. They make mistakes too, just like everyone else. You have rights, and you could successfully defend any drunk driving charges filed against you.

Source: losbanoslive.com, "DUI/Drivers License checkpoint Planned this Weekend," July 10, 2014

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