DUI in Los Angeles: Sobriety Check-Point. What Are My Chances Dismissing The DUI?
GENERALLY SPEAKING: Without knowing more, it is hard to say how defensible is your case. One thing is certain, unlike a DUI arrest where a police officer observed you violate some traffic law, you might be in a better position to fight your DUI by filing a motion to suppress the evidence. A motion to suppress is commonly referred to as a “1538.5 motion” and is based on the California Penal Code Section 1538.5. The reason you have a better fighting chance after a DUI arrest at a sobriety checkpoint is that the law on the sobriety check-point setup is very technical, making it easier to mess up with sloppy police work. There are at least 8 distinct ways police can mess up while setting up the sobriety checkpoint (see reference to “The Law” below). It is very important to have the assistance of a good attorney in any criminal case, but especially in cases where the arrest followed a stop at a sobriety checkpoint. Call Los Angeles DUI Attorneys at (818) 921 7744 to talk with an attorney who will help you fight your DUI.
- Whether the decision to establish the checkpoint, the selection of the site and the procedures for operation are established by supervisory law enforcement personnel;
- Whether motorists are stopped according to a neutral formula;
- Whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used;
- Whether the location of the checkpoint was determined by a policymaking official and was reasonable;
- Whether the time the checkpoint was conducted and its duration reflect
- Whether the checkpoint exhibits sufficient indicia of its official nature
- Whether the average length and nature of detention are minimized
- Whether checkpoint is preceded by publicity.
For help fighting your DUI case call Los Angeles DUI Attorney. We can help you get a dismissal of your Los Angeles DUI. Our number is 323-464-6424
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