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dui-2When analyzing whether or not a DUI Checkpoint is run correctly and legally, we need to take into consideration all of the rules and regulations regarding checkpoints; as well as what the courts have said is an acceptable way to run a checkpoint.

There is a long line of cases over time that have outlined the requirements of a DUI Checkpoint. As a general rule, checkpoints are illegal. We, as a people, don’t want the government stopping and searching us and our cars whenever they like.

In order for a DUI Checkpoint to be legal, it must comply with most, if not all, of the following factors:

  1. Reasonable publicity
  2. Reasonable stopping time and interaction
  3. Official nature and signs
  4. Reasonable time frame
  5. Reasonable location
  6. Reasonable safety conditions
  7. Limits on officers in the field
  8. Decision making by supervisors

Each of these factors, by themselves, could result in a DUI Checkpoint being found to be improper and illegal. However, more often it is when a skilled attorney shows a judge that a combination of these factors have not be sufficiently met that a DUI Checkpoint will held to be improper and illegal.

Each time you see the word “reasonable”, an attorney has the ability to investigate the issue and argue that the West Hollywood Sheriffs did not do their job and run the checkpoint correctly. Finding that reasonable safety precautions and proper signs were not used, along with the DUI Checkpoint being held at an unreasonable time, can result in a Checkpoint being labeled incomplete and illegal.

If a DUI Checkpoint does not reasonably and sufficiently meet all of the above criteria, judges can throw out all of the evidence from an arrest. So, if a person was stopped at one of these illegal checkpoints, and they were found to have a Blood Alcohol Content of 0.08 or a 0.28, the judge should throw the case out of court.

To learn more about the various factors a judge will look at, and what factors courts have found to be unreasonable in the past, call or e-mail MR DUI LA, Attorney Mark Rosenfeld.