Wednesday, May 23, 2012

A California Driver has the right to avoid a checkpoint regardless of DMV's failure to put that law in their DUI Manual, attorneys point out

The good thing about California DMV's DUI APS Hearing Officer Manual is that it does correctly state most of what is correct about DUI Checkpoints' Constitutionality Requirements.

The bad thing is DMV conveniently fails to acknowledge the cases and law which permit California motorists to avoid the roadblock, San Diego DUI attorneys point out.

One's right to escape a drunk driving checkpoint prior to entry should not be treated lightly. For the public, here's a free San Diego DUI attorney site showing the locations of checkpoints & roadblocks throughout the county.

In the California DUI Checkpoint Article by San Diego County DUI Law Center, Lawyer Rick Mueller mentions DMV expediently omits the important criteria and occasionally claims no case law permits the right to avoid or the right to an escape route. DMV is wrong when it does that.

Here's a sample of this Article:

"There are at least Twenty (20) published cases from eleven (11) other States as well as one Federal Court, and additionally one Law Review article on the very subject, nationwide (that’s almost two (2) dozen published cases from a little more than one fifth of the entire Nation, which is a very, very far cry from “no… authority has held that … checkpoint(s) must have an escape route”). Citing: 1) Murphy v. Commonwealth, 9 Va. App. 139, 384 SE 2d 125 (1989) 2) State v. Binion, 900 S.W.2d 702, 706 (Tenn. Crim. App. 1994) See Sec. 11.1.1 (“Evasion of Sobriety Check-points”) in “Drunk Driving Defense, 5th Edition”, 3) People v. Rocket, 594 N.Y.S.2d 568 (Just. Ct. 1992), 74 ALR 5th 319 at § 14; 4) Howard v. Voshell, 621 A.2d 804 (Del. Super. Ct. 1992), 5) State v. Powell, 591 A.2d 1306 (Me. 1991), 6) State v. Badessa, 373 N.J. Super. 84, 860 A.2d 962 (App. Div. 2004) Order granting suppression upheld on appeal by the people in State v. Badessa, (Badessa II) 185 N.J. (2005) 303; 885 A. 2nd 430; 7) People v. Bigger, 771 N.Y.S.2d 826 (J. Ct. 2004). 8) Com. v. Scavello, 734 A.2d 386 (Pa. 1999); 9) Com. v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987); 10) Com. v. Blouse, 531 Pa. 167, 611 A.2d 1177 (1992); 11) State v. Talbot, 792 P.2d 489 (Utah Ct. App. 1990); 12) State v. McCleary, (1997) 251 Neb. 940, 560, 560 N.W. 2nd 789; 13) Bass v. Commonwealth, (2000) 259 Va. 470; 525 S.E. 2nd 921; 14) Pooler v. MVD, (1988) 306 Or. 47, 755 P.2nd 701; 15) State v. Hester, (2004) 268 Ga. App. 501; 16) People v. Banks Cal. considered the case of (17) People v. Rister, 803 P. 2nd 483 (1990); 18) Orr v. People, 803 P. 2nd 509 (1990), Rister, was also cited in 19) McDonald v. Department of Motor Vehicles, 77 Cal. App. 4th 677 (2000). See also US v. Faulkner, (9th Circ. 2006) 450 Fed. 3rd 466 at p. 468."