Los Angeles DUI checkpoints are a tricky situation for defense attorneys due to the various procedural issues involved. For example, when defending a client, a Los Angeles DUI defense attorney must investigate how police set up the DUI checkpoint, how they chose cars, how they performed sobriety tests and so on.
Recently, police arrested Patrick Dylan Riley just outside Los Angeles Wednesday night after they found a mixture of drugs and equipment to sell narcotics in his car during a stop at a DUI checkpoint. Riley's car was stopped at the checkpoint and searched once officers on the scene smelled marijuana in his car. The search turned up not only 41 grams of marijuana, but nearly five tabs of LSD, digital scales to portion out the marijuana and what appeared to be a sales ledger Riley had been keeping. Riley was arrested on suspicion of possession and transportation of narcotics, as well as possession with the intent to sell marijuana. If convicted, Riley may end up in jail as most drug offenses in Los Angeles are classified as felony criminal offenses. The "base" term for selling marijuana in Los Angeles is generally two to four years in prison. If Riley is found to have prior drug-related arrests or convictions, that could ultimately tip the scales in favor of a harsher punishment for him.
DUI checkpoints, while still considered controversial by some, are frequently employed by Los Angeles police to find drivers who are driving under the influence of either drugs or alcohol. If you have been arrested on suspicion of driving under the influence following a DUI checkpoint stop, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away. Our attorneys know that DUI checkpoint stops must be run in a very particular manner and if anything is out of order, your case might be able to be dismissed altogether. For instance, the police must notify the general public as to when and where the checkpoint will take place. Police at a Los Angeles DUI checkpoint must also employ a non-partial formula to determine which vehicles they stop (such as every sixth car, for example), and Los Angeles police are not allowed to pursue and stop anyone who has turned out of the checkpoint line before reaching the stop. It is your right to avoid the DUI checkpoint, if you choose, and police cannot legally single you out simply because they consider turning out of the line suspicious behavior. Los Angeles police have very specific guidelines as to how and when they may run a DUI checkpoint stop, and if even one guideline was disregarded, any evidence they have compiled against you may not be admissible in court proceedings.
The attorneys at Kestenbaum, Eisner & Gorin, LLP know this and have successfully gotten several DUI and drug-related criminal cases dismissed that way. When you are being accused of a criminal offense, let us fight for you. Call us today at 877-781-1570.
