Illegal Checkpoints

Riverside DUI Checkpoint Lawyer

Driving under the influence is a very serious crime that needs to be handled by an aggressive and experienced attorney. Although California has some of the toughest DUI laws to prevent drunk driving, not all DUI checkpoints and stops are considered legal. If you feel that you were wrongfully stopped and therefore illegally charged with driving under the influence, you need to contact an attorney right away.

At Grech & Packer, you can rest assured that your case will be handled by a knowledgeable and seasoned defense lawyer who will tirelessly advocate for your best interests. Our team is not afraid to take the necessary actions to defend your freedoms and fight for your rights.

California DUI Checkpoint Laws

After being arrested at a sobriety checkpoint, you may be able to challenge the arrest based on constitutional laws. That is because the arresting officer does need to meet certain requirements under the U.S. Constitution and the California Constitution. In order for the arrest to be just, the checkpoints must be conducted in a legal manner. If it is not done in a constitutional manner, then the driver may be able to defend against the DUI charge.

Legal vs. Illegal Checkpoints

In order for a DUI checkpoint to be considered as "legal" there are some regulations that all California Highway Patrol officers, sheriffs and local police must abide by.

These may include:

  • The checkpoint must be visible and clearly defined as a DUI checkpoint
  • There must be an alternate route available for those who do not wish to stop
  • A supervising officer must be present at all times during the checkpoint
  • There must be an adequate holding area for those are considered too intoxicated to drive

California laws also indicate that all DUI checkpoints must be advertised publically in such outlets as advertisement in local papers, radio, news stations and on local websites. If you feel that you were wrongfully charged after being stopped at an illegal DUI checkpoint in Southern California, contact a Riverside DUI attorney from our firm to learn how to fight the unlawful charges.

Working With Grech & Packer

Our firm can immediately begin to investigate the circumstances that led to your arrest to determine whether your rights were impeded upon during the routine stop or at a DUI checkpoint. Even at a checkpoint, if you do not wish to stop, you may exercise the right to continue driving and cannot legally be pulled over unless you commit a traffic violation or the officer has reason to suspect that you are under the influence of drugs or alcohol. If it is found that your rights were infringed upon in any manner, we can move to have your charges dismissed or the evidence ruled inadmissible before the court.

Although you may be feeling stressed and upset over the situation, it is imperative that you do not wait to obtain knowledgeable legal counsel. Regardless of whether you failed a breath or blood test, it is vitally important that you speak to an attorney before entering a plea for the charges, as there are a number of factors that can influence your defense options. By enlisting the exceptional defense of Grech & Packer, you can be confident that you will receive nothing less than the unyielding representation you need.

Contact our team today and take a few moments to fill out a free case evaluation to learn more about your defense options.


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