Under the old policy the locations and times were announced. “Those that listen or read about our checkpoints can plan to steer clear of the area with little fear of apprehension. We no longer issue press releases stating the upcoming checkpoint locations in order to add to the deterrent factor to keep people from driving under the influence,” stated Sgt. Dave Makiyama.
In People v. Banks, a 1993 California Supreme Court decision, the court ruled that the police are not required to provide advance notice when scheduling DUI sobriety checkpoints. However, it is still one of the eight factors to be considered in determining its constitutionality.
Even though this ruling was effective in 1993, many law enforcement agencies still publish the date, time, and location of their sobriety checkpoints. To find this information, you can look up the police department’s website and look under “press releases” to find announcements for upcoming roadblocks. There are also smartphone applications which allow users to find the locations online.
Even though the unannounced checkpoint can be found to be constitutional, Mayor Pro Tem Jim Righeimer believes drunk driving roadblocks cause unnecessary traffic delays and are a waste of government funds. He stated the checkpoint hours, 6 p.m. until midnight, are at the end of a shift, giving officers more overtime pay which is paid by the federal government. Roadblocks are funded by a grant from the California Office of Traffic Safety, which receives funding from the federal National Highway Traffic Safety Administration.
If you are charged with drunk driving in San Diego, never just plead guilty. Talk to The Law Offices of Susan L. Hartman to discuss your rights and the defenses in your case. We offer a free initial consultation. Contact us today using the “Contact Us” form on this page or call 619-260-1122 today.