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Los Angeles DUI Checkpoints

California DUI Checkpoints

While still controversial in many states, DUI checkpoints in California are highly utilized by law enforcement agencies in an effort to crack down on drunk driving. Normally, police officers must have probable cause to stop a vehicle, usually for violating traffic or equipment provision of the California Vehicle Code. This probable cause requirement is relaxed in the context of DUI sobriety checkpoints. However, there are still certain criteria the police must follow when conducting a Los Angeles DUI checkpoint. If the driver is arrested then the charge will most likely be a violation of California Vehicle Code 23152(a) or CVC 23152(b).

Driving Under the Influence checkpoints are usually operated during evening hours, from 8:00 P.M. to 3:00 A.M., at times and locations that police suspect will net numerous Los Angeles DUI arrests. When someone drives through a DUI checkpoint, the officer present is only supposed to ask the driver a couple of questions to quickly ascertain if that individual shows signs of intoxication. The officer will also usually shine a light into the stopped vehicle to look for open containers of alcohol. If an officer believes that the person stopped is not driving under the influence, he or she allows the driver to go on their way. If however, they suspect that the driver is impaired, that driver will be diverted to an area to perform California field sobriety tests, and a standard DUI investigation will commence.

In ruling on the constitutionality of the DUI sobriety checkpoints, the California Supreme Court has laid out very specific criteria which must be followed for a checkpoint to be valid. First, a supervising officer (as opposed to a field officer) must be in charge. They must determine where and when these checkpoints will be held and ensure that the checkpoint is placed in area that has experienced an abnormally high rate of DUI-related arrests and/or traffic accidents. Additionally, the supervising officer must set criteria for how the checkpoint will be conducted, i.e. should the officers check every car, every third car, etc.

Second, the checkpoint must be reasonably located. That means the checkpoint MUST be in an area that has a proven high volume of DUI related arrests and/or accidents. This also means that the supervising officer must ensure that he or she considers the safety of everyone involved, drivers and officers, when selecting a location.

Finally, DUI checkpoints must be “visible.” This means that the DUI roadblock must be publicly advertised before they are conducted. Police agencies generally rely on law enforcement websites, local newspapers, and news media stations to report the checkpoint approximately one week prior to its execution. This also means that the checkpoint must be clearly visible to approaching vehicles. Police officers satisfy this element by employing warning signs, flashing lights, bright lighting, marked police vehicles and uniformed officers while conducting the checkpoint.

You may be surprised to learn that it is completely legal to drive away from a DUI checkpoint if you do not wish to stop. If you choose to exercise this right, you cannot lawfully be stopped unless a police officer sees you commit a violation of the law or display obvious signs of intoxication. However, keep in mind that whether you violate a traffic law in avoiding the checkpoint (such as making an illegal U-turn, or crossing a double yellow line) is usually completely subjective to the officers on the scene. Also, these DUI checkpoints typically have officers stationed at the perimeters of the checkpoint, whose function is to keep a close eye on any vehicle attempting to avoid the roadblock.

Because of the many complicated legal issues with the Los Angeles DUI Checkpoints that originate from sobriety checkpoints, you need an aggressive lawyer on your side. Attorney Michael Kraut was educated at Harvard Law School and prior to opening the Kraut Criminal & DUI Lawyers he was a deputy district attorney for over 14 years. He understands the legal complexities of cases like this. Mr. Kraut will aggressively defend your case explore every angle and argument to ensure you have the best defense possible. Contact an experienced Los Angeles DUI attorney today to setup free consultation 24/7 at (323) 464-6453.



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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
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