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Officer Injured by Alleged Intoxicated Driver at DUI Checkpoint in Marin County

Posted By Nors Davidson || 28-Nov-2010

Apparently, the police got more than they bargained for when the set up a DUI checkpoint, or roadblock as I call them.  Apparently, an officer was injured in San Rafael when a driver tried to avoid the DU checkpoint and struck the officer causing him injuries.  The officer sustained non-life threatening injuries and the driver was arrested for felony assault on an officer, DUI and driving on a suspended license. 

DUI checkpoints are per se invalid and unconstitutional.  The California Supreme Court stated in the landmark case, Ingersoll v. Palmer, that checkpoints were a valid exception to the Fourth Amendment's protection against unreasonable searches and seizures.  Many guidelines must be followed by police for a checkpoint to be constitutionally valid.  One such rule is that the checkpoint must have an exit path, or an alternative route to take to avoid the intrusion.  Although it is unknown whether or not the police had such an exit route in this case, they rarely follow proper procedures. 

DUI checkpoints are often a violation of our rights as citizens to be free from unreasonable searches and seizures.  While the goal of "cracking down" on DUI's may seem compelling, it's a slippery slope that can lead to the stripping of our personal freedoms.  Imagine a world of checkpoints and roadblocks.  Perhaps there should be a prostitute roadblock in the Misson neighborhood or a drug inspection checkpoint in the city's Tenderloin?  Without particularized suspicion, these checkpoints are nothing more than police dragnets.

If you have been arrested for DUI as a result of a DUI checkpoint, you have rights.  No matter what the facts of your case, the checkpoint should be challenged by a competent DUI attorney.  Only a skilled and experienced DUI lawyer can fight for your rights.

My office specializes in DUI cases and I am considered one of the top DUI defenses lawyers in Northern California.  Call my office today for a free consutation with an experienced DUI attorney today. 
Categories: DUI Defense