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The police have to announce a DUI checkpoint in advance

While the following story involves a DUI checkpoint that has already come and gone, there are still some very important lessons to learn from the story. The DUI checkpoint in question occurred on March 19 in the Los Angeles area. The police announced the checkpoint on March 17. No details have been released about how many people were arrested at the checkpoint.

What is important to note about this story is that the police notified the public about the DUI checkpoint before the checkpoint actually occurred. This is a requirement. The police are not allowed to establish a DUI checkpoint on a whim. They must inform the public of where the checkpoint will occur and when, as well as for what purpose.

Usually these checkpoints are used to impact the public's mindset about drinking and driving during the time that a checkpoint is being considered (or active). However, in some cases, they are utilized to rack up arrests. People who are arrested during a DUI checkpoint need to know their rights and consult with a criminal defense attorney as soon as possible. You should consult with an attorney anyway -- even if your DUI charge doesn't involve a checkpoint -- but it is especially important when a checkpoint is involved.

Since a checkpoint adds another institutional and legal level to your DUI case, it means that that's one more element that the police may have botched or improperly implemented. Having an attorney on your side not only protects your rights but ensures your case is fully investigated.

Source: KHTS, "DUI Checkpoint To Be Conducted By California Highway Patrol Newhall," March 17, 2016

 

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