It is important to know that many people are in fact hurt in alcohol related accidents. The best defense to any San Francisco DUI case is simply to avoid one. The holiday season will usually bring about many San Francisco, Marin, Oakland DUI check points where police enforce and have a zero tolerance policy. Another words, they will arrest as many drivers as they can. These San Francisco and San Francisco Bay Area DUI check points are permitted by law, the main California case, Ingersoll v. Palmer, 743 P.2d 1299 ( Cal. 1987), sets out the requirements needed to set up a constitutionally valid DUI check point. The restrictions set out in Ingersoll are there because otherwise the stop would constitute a illegal intrusion by the government in violation of the 4th Amendment to the United States Constitution.
Again, best defense is to simply take a cab. However, if you have been arrested for a Marin DUI, San Francisco DUI or an Oakland DUI, at a check point, it is always wise to consult a qualified DUI Attorney that understands the ins and outs of a DUI check point. There are many defenses available but you must know how to apply them. Most Attorneys are not really very familiar with how these cases can be won at what is know as a 1538.5 hearing (motion to suppress).
If you have been arrested in a San Francisco DUI check point, a Marin DUI check point, an Oakland DUI check point or at a DUI check point anywhere in the San Francisco Bay Area, call us for a free consultation at (415) 378- 4133.
You can Also visit our official website at:
"We should never drink and drive, but I still like to know where checkpoints
ReplyDeletewill be in Orange County, San Diego, and LA. I may use calcheckpoint
(www.twitter.com/calcheckpoint) to find out where they are Save a life,
please retweet"