As was the case during the 2009 holiday season, Los Angeles DUI checkpoints will become more prevalent during three day weekends this year throughout Southern California. An increase in Los Angeles DUI checkpoints can put many people at a disadvantage if they don't know the legality of the checkpoints and the constitutionality of the stops.
According to Redlands police, drunken drivers will be targeted this President's Day weekend with a Los Angeles DUI checkpoint that is design to get drunk drivers off the streets.
Staying within the boundaries of the law, the Redlands police have announced the location of the Los Angeles DUI checkpoint so that drivers know where they might be randomly stopped. Many drivers, however, are not aware that the location of Los Angeles DUI checkpoints must be announced for them to be considered constitutional.
At the Redlands checkpoint, like many others, drivers found to be under the influence of alcohol or drugs will be arrested. Unlicensed drivers are apt to be ticketed and have their vehicles impounded.
The planned checkpoint in Redlands is just one of the many Los Angeles DUI checkpoints that will be popping up throughout Southern California this year. Although checkpoints are set up throughout the year, three day weekends are particular targets as law enforcement attempts to combat drunk driving on Southern California streets.
Here are some Los Angeles DUI checkpoint requirements that drivers should keep in mind if they find themselves charged with a DUI after going through a checkpoint.
By law, Los Angeles DUI checkpoints can only be considered constitutional if they meet certain requirements such as; the public must be given notice of the checkpoint, there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, there must be a random, impartial formula for stopping cars, the length and nature of the detention must not be obtrusive, and safety conditions must be monitored at the checkpoint.
If you have been arrested and charged with a DUI, you need an experienced Los Angeles DUI defense attorney team that will work on your behalf to ensure that your rights were not violated at a DUI checkpoint stop and arrest. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will construct a defense strategy that will ensures that your rights are not violated. If you feel that you were unlawfully stopped and arrested at a DUI checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 immediately. Be sure to visit our site at www.laduidefenseteam.com for more information on DUI checkpoints.
The holiday season is a time where celebrations occur throughout the country and the perfect time for law enforcement agencies to crack down on drunk drivers. Just in time for the holiday season, state traffic safety officials are saying that they are tightening their grip on drunk drivers, even declaring 2010 as "the year of the checkpoint".
Law enforcement officials throughout the state of California have begun rolling out checkpoints in an effort to reduce alcohol related deaths and injuries. Over 400 local agencies, including the California Highway Patrol, have begun taking part in sobriety checkpoints, multi-agency task force operations and saturation patrol to reduce the number of drunk drivers on the road this holiday season.
Although effective Los Angeles sobriety checkpoints have shown to reduce the number of alcohol related deaths and injuries, there are plenty of times where checkpoints and associated stops are not legally managed. In order for a Los Angeles sobriety checkpoint to be constitutional, there must be several factors that must be met, these include; the public must be given notice of the checkpoint, there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, there must be a random, impartial formula for stopping cars, the length and nature of the detention must not be obtrusive, as well as others factors.
A recent article on Los Angeles sobriety checkpoints claims that Sgt. Ken Savano of the Petaluma Police Department said that sobriety checkpoints during the holiday crackdown would not be disclosed to the public. This would be an unconstitutional practice that can be used as a defense strategy against the prosecution at a DUI trial because a sobriety checkpoint must be disclosed to the public to be considered constitutional.
If you have been arrested or charged with a DUI stemming from a Los Angeles sobriety checkpoint, you need an experienced Los Angeles DUI defense team to fight for your constitutional rights in court. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP have over 50 years of courtroom experience and can devise a defense strategy to prove that the DUI checkpoint stop and arrest was unconstitutional. Contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at www.laduidefenseteam.com for more information regarding DUI arrests and checkpoints.
Beginning Friday, December 18, 2009, DUI checkpoints throughout Los Angeles as well as the state of California are being planned and put into place as part of a campaign to reduce the number of alcohol related deaths and injuries.
The Santa Monica Police Department is one of the over 400 law enforcement agencies that will conduct a DUI checkpoint this holiday season and beyond. The scheduled DUI checkpoint will be put into place somewhere in the 300 block of Pico Boulevard in Santa Monica on Friday, December 18, 2009.
By law, DUI checkpoints can only be considered constitutional if they meet certain requirements such as the requirements that the public must be given notice of the checkpoint, that there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, that there must be a random, impartial formula for stopping cars, that the length and nature of the detention must not be obtrusive, and that safety conditions must be monitored at the checkpoint.
On Friday, November 20 a DUI Checkpoint was conducted on Lincoln Boulevard, between Pico Boulevard and Michigan Avenue. During that evening, police reports state that 1,667 vehicles entered the checkpoint, 364 vehicles were checked, six vehicles were impounded for unlicensed or suspended driver's licenses, and six misdemeanor citations of various kinds were issued. Two were citations for possession of marijuana and four were traffic related citations. Throughout this enforcement, there were no DUI citations given.
DUI checkpoints have been controversial for years and the legality of their use has been questioned throughout that time as well. DUI checkpoints must meet the above mentioned requirements for an arrest and DUI charge to be valid. If you have been arrested and charged with a DUI, you need an experienced Los Angeles DUI defense team that will work on your behalf to ensure that your rights were not violated at a DUI checkpoint stop and arrest. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will devise a defense strategy that can have your DUI case dropped or significantly decrease the severity of associated consequences. If you feel that you were unlawfully stopped and arrested at a DUI checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 immediately. Be sure to visit our site at www.laduidefenseteam.com for more information on DUI checkpoints.
During the days of Friday, December 11th and Saturday, December 12th there will be a Los Angeles sobriety checkpoint in both Carson and Rancho Palos Verdes. In Carson, Sheriff's deputies will conduct a driver's license and Los Angeles sobriety checkpoint from 7:00 pm Friday night until 3:00 am Saturday morning at a site yet to be determined. In Rancho Palos Verdia, Deputies will be conducting a Los Angeles sobriety checkpoint on Saturday at Western Avenenue and Redondela Drive as well as on Thursday at Hawthorne Boulevard at Granvia Altamira. Both of those Los Angelels sobriety checkpoints will begin at 7:00 pm.
A Los Angeles sobriety checkpoint must abide by certain rules, otherwise they are illegal. At Kestenbaum, Eisner & Gorin, our Southern California DUI Defense Lawyers are very familiar with how field sobriety testing is used by Los Angeles law enforcement officers to determine whether a person is driving under the influence of alcohol and/or drugs. For example, the police must post any future Los Angeles sobriety checkpionts in advance and do them in a location that has an alternative route.
The Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin have actually litigated countless DUI cases successfully which involved field sobriety tests. Los Angeles sobriety checkpoints can be highly controversial, and our skilled Los Angeles attorney team will know how to exploit every issue to your advantage.
If you or someone you love has been arrested for DUI at a Los Angeles sobriety checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin today at 818-781-1570. Our DUI lawyers understand that field sobriety tests are often inaccurate. Some people may not be able to pass a test even when entirely sober, due to a physical condition, the condition of the road's surface, the type of shoes being worn, and/or simply a lack of coordination or balance. Our skilled attorneys will use any instance of fault or inaccuracy in your DUI arrest to defend your rights and help to keep you out of jail.
Reality star Shayne Lamas has been charged with misdemeanor driving under the influence following an arrest this past Saturday night. Lamas, who has been seen on "The Bachelor" and "Leave it to Lamas," was driving through Venice when she was stopped by police at a Los Angeles sobriety checkpoint. Lamas, who has admitted to having one drink before getting in her car to drive home, was asked to give a breath sample, which revealed that she was over the legal limit of .08%. She was arrested on site and later released from custody. She is scheduled to appear in court on December 9th.
Lamas' case brings up a couple of interesting points to remember about being charged with driving under the influence in Los Angeles. First, you do not actually need to be "drunk" or feel impaired to test over the legal limit: Lamas has stated that she "...willingly drove through a mandatory Los Angeles sobriety checkpoint...with complete confidence of passing...". People have very different capacities for alcohol. Some people, whether they are quite large or incredibly tiny, can have several alcoholic drinks in one evening and still be in sufficient control of themselves to drive home safely. Others can have just one drink and be impaired. In most cases, however, being able to "hold your liquor" has very little to do with having a blood alcohol concentration of .08% or more. Whether or not you are coherent and in control of yourself, if your blood alcohol concentration is more than .08%, you could be arrested for driving under the influence of alcohol.
Los Angeles sobriety checkpoints, such as the one Lamas was arrested at, are also an important factor in many DUI arrests. Many people are arrested for DUI at sobriety checkpoints every weekend. If you find yourself on the wrong end of the law following a sobriety checkpoint, make sure you discuss everything with an experienced Los Angeles DUI defense attorney. Los Angeles sobriety checkpoints must be run according to a very strict set of procedures, and if anything is amiss, your attorney could have charges against you dismissed. Los Angeles police must give the public some sort of notice before setting up a Los Angeles sobriety checkpoint. If police are not checking every vehicle that passes by, then they must use an impartial formula to determine which vehicles to stop and examine. They are not allowed to single out vehicles or people that they think look suspicious. Drivers are allowed to turn out of the line leading up to the Los Angeles sobriety checkpoint if they wish, and police are not supposed to follow them as they drive away. Little details can make a big difference in many DUI cases. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today and let us fight for you at 877-781-1570.
Seeing as how October 31 through January 1 has a tremendous amounts of holidays (Halloween, Thanksgiving, Christmas, New Years, Hanukkah and many others) the possibility of being arrested for a DUI is heightened. Holiday parties, holiday bar specials, family get togethers and other holiday related events can be a serious trap, especially with a Los Angeles DUI checkpoint involved.
The holiday season and the 4th of July weekend are when police, California Highway Patrol and others are out in force for DUI arrests. People who may have had one small drink face increased chances for an arrest and a DUI conviction if they are not aware of their rights, the law and if they are not aware they they need a qualified Los Angeles DUI defense attorney.
They must obey certain rules regarding field sobriety tests
They must be set up in a location where an alternative route is available
And more
If the police do not follow these and other basic Los Angeles DUI checkpoint rules, then a qualified Los Angeles DUI defense attorney can help anyone arrested stay from jail, fines and probation. If you have been arrested for Driving Under the Influence or "DUI" after being stopped at a sobriety checkpoint, it is important that you consult an experienced DUI attorney immediately. Our firm's former DUI prosecutors will advise you on defense strategies to a case involving a DUI investigation stemming from a Sobriety Checkpoint.
If you have been arrested for at a Los Angeles DUI checkpoint, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin. Our highly skilled team will examine the circumstances surronding your arrest, investigate the scene of the checkpoint and craft a unique defense that will focus on keeping you free from conviction. Call us today at 877-781-1570.
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.
Los Angeles DUI checkpoints can be a tricky ordeal, and defending yourself in court against DUI charges requires the skill of an experienced Los Angeles DUI defense attorney. Any Los Angeles DUI checkpoint has certain laws and rules that must be followed by police in order for any charges to hold up in court. However, unless the defendant has a skilled, experienced Los Angeles DUI defense attorney, these mistakes will most likely go unchallenged.
Recently, a DUI checkpoint in Orange County found four people being arrested and 19 others being cited for some type of DUI charge. Of the almost 650 vehicles which passed through the DUI checkpoint, police stopped over 200 cars and screened 25 people for some sort of DUI infraction. Also, this near-Los Angeles DUI checkpoint found one driver arrested for a marijuana-related crime.
There is a good chance that of the 23 arrests/citations that took place that night, in at least one of those instances the police did not follow proper procedure. With a skilled Los Angeles DUI defense attorney, you could avoid jail time, fines, loss of license, driving classes, mandatory meetings, community service and the other penalties handed out by the courts. Any Los Angeles DUI checkpoint is bound to have some mistake, and a good lawyer will be able to spot and exploit that mistake to his client's benefit.
Sobriety checkpoints, or DUI roadblocks, are set up in order to regulate the number of drunk drivers in California. The implementation of these checkpoints has been controversial due to their possible infringement upon fourth amendment rights as outlined in the U.S. Constitution. However, in 1990, the Supreme Court ruled that sobriety checkpoints were constitutional when the intrusion on the individual's rights is rightly weighed with the effectiveness of the roadblock.
If you have been pulled over at a Los Angeles DUI checkpoint, contact the DUI defense attorneys at Kestenbaum, Eisner & Gorin today. We have the successful track record needed to get the best results.
When a Los Angeles DUI defense attorney defends a driving under the influence charged that stems from a DUI checkpoint, there are a number of things to review. For example, from 6:00 pm until 1:15 am in Upland, there will be a DUI checkpoint. The reason people know this in advance is that it was published in the Upland Daily Bulletin, the newspaper there. It is law that any DUI checkpoint must be announced beforehand in local media in order to give drivers the option of avoiding the checkpoint.
Los Angeles DUI defense attorneys work very hard to defend anyone charged with a DUI offense, often examining every little area of the law to see if the police obeyed all the proper procedures. If paperwork is filled out incorrectly, if procedure is followed incorrectly, if sobriety tests are administered improperly or if a defendant is not made aware of their Miranda rights, then a skilled Los Angeles DUI defense attorney can offer a proper defense.
If you are arrested for a DUI at a DUI checkpoint, you should immediately get the newspapers from your area and make sure your Los Angeles DUI defense attorney knows if any announcement was made. With a skilled Los Angeles DUI defense attorney working for you, you can expect positive results.
Public defenders often cannot offer the type of knowledge, skill and attention that a Los Angeles DUI defense attorney can. If you've been charged with a DUI, you should contact the Los Angeles DUI Defense Team at Kestenbaum, Eisner & Gorin. Their skilled Los Angeles DUI defense attorneys can provide top notch legal services for anyone arrested at a DUI checkpoint. With decades of legal experience, including experience at Los Angeles District Attorneys' Offices, their knowledge and background is unmatched. Contact them today at 877-781-1570.
Any Los Angeles DUI defense attorney will tell you that a sobriety checkpoint can lead to serious problems for any motorist, but there are ways to fight the charges. For example, if the police to not announce that there will be a Los Angeles sobriety checkpoint, than a Los Angeles DUI defense attorney can fight any charges which stem from such a checkpoint. The police must both announce the checkpoint and set up the sobriety checkpoint in a place where there is an alternative route. For example, the police posted an announcement in the South Bay Daily Breeze announcing that there would be a sobriety checkpoint in Carson on July 24th. Without such an announcement, anyone arrested for DUI could easily be defended by a skilled Los Angeles DUI defense attorney who knew what he was doing. There is also important protocol for any police officer to follow during the sobriety checkpoint, and if a Los Angeles DUI defense attorney can prove the officer was prejudiced in any way, it could lead to an acquittal for the defendant. Field sobriety tests, or FSTs, are designed to determine the presence
of physical and mental impairment caused by a person being under the
influence. Our DUI lawyers know, however, that these tests are not
always very accurate nor conclusive. Many clients often feel that they
passed the FSTs, despite the officers arresting them. Our DUI firm
understands that the purpose of the field sobriety tests is for police
officers to make a preliminary determination as to whether he or she
will arrest you for drunk driving. If the officers believe that you
failed the FSTs, they will arrest you and take you back to the station
for chemical tests such as blood or breath testing to determine your
actual blood alcohol concentration, and whether or not you are in fact DUI. Los Angeles DUI sobriety checkpoints are often a tool to protect people, but when they overstep their bounds, only a knowledgeable Los Angeles DUI defense attorney can adequately look out for your best interests. You may not know all the laws, restrictions and guidelines governing a Los Angeles DUI sobriety checkpoint. At the law offices of Kestenbaum, Eisner & Gorin, our skilled team can not only represent you, but possibly get the charges completely thrown out. With years of experience on our side, we can provide an excellent DUI defense. Contact us today!
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