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 check-point is because the law on the sobriety check-point set up is very technical, making it easier to mess up with a sloppy police work. There are at least 8 distinct ways police can mess up while setting up the sobriety check-point (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 check-point. 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