As Fullerton drunk driving criminal defense lawyers, we already have a problem with the concept of DUI checkpoints. Also called sobriety roadblocks, these are the areas where police stop every car and check each driver for signs of intoxication, regardless of whether they have a reasonable suspicion. The Supreme Court has ruled that they are legal, but we believe they invite too many opportunities for abuses by officers. Unfortunately, a Feb. 14 blog post from the OC Register shows that this concern is well-founded. The Center for Investigative Reporting at UC Berkeley's California Watch publication reported Feb. 13 that sobriety checkpoints across California have become cash cows for cities, allowing law enforcement to seize vehicles from unlicensed drivers, usually minorities and often illegal immigrants.
A 2005 ruling from the Ninth U.S. Circuit Court of Appeals made it illegal for officers to impound vehicles just because the driver is not licensed. Nonetheless, the report says vehicle seizures actually went up by 53% between 2007 and 2009. In fact, the investigation found that the total number of seized cars in 2009 was about seven times larger than the total number of arrests for drunk driving -- the ostensible point of a sobriety roadblock. The impound fees allow cash-strapped municipalities to raise money from fines and split towing fees with towing companies. It also allows police officers to earn overtime from federal grant money, which may be the reason why some roadblocks had up to three times as many officers as necessary. And according to the article, the checkpoints are substantially more common in Hispanic areas, suggesting that authorities are targeting communities they think are full of unlicensed illegal immigrants.
A great deal of the attention paid to this report online focuses on the fact that many drivers who are not licensed are not in this country legally. But as South Gate DUI criminal defense attorneys, we'd like to discuss the constitutional problems and potential for abuse with sobriety checkpoints. Checkpoints were challenged long ago in the Supreme Court for violating the Fourth Amendment right to be free of illegal search and seizure. The court acknowledged that the practice is unconstitutional -- but it ruled that it was legal anyway, saying the state's interest in stopping drunk driving outweighed the Fourth Amendment. As a result, we cannot challenge any arrest from a sobriety checkpoint in California, although we can and do challenge arrests from checkpoints that violate legal guidelines. Thanks to this article, we will also be on the look for "sobriety checkpoints" that are abusive in other ways.
HOWARD | NASSIRI PC represents people charged with driving under the influence of alcohol or drugs, as well as related crimes, in all of California. Our Montebello intoxicated driving defense attorneys have numerous ways to defend a drunk driving case, sometimes even in cases where the accused believes the prosecution's case is solid. Law enforcement officers have procedures and rules to follow after an arrest, for the very good reason that failure to follow them could taint the evidence. When evidence is tainted -- by police misconduct, sloppy work or mistakes -- it must be thrown out of court entirely. This weakens the case against the defendant considerably, allowing him or her to plead to a lesser charge or mount a vigorous defense in court.
If you're charged with intoxicated driving in California, you need legal help fast. For a free, confidential consultation with HOWARD | NASSIRI, please contact us through the Internet or call 1-800-872-5925 toll-free from anywhere in California.
