Many people do not realize that DUI cases resulting from law enforcement contact at a DUI checkpoint are some of the most beatable. The reason for this is that there are very strict rules about how a DUI checkpoint must be conducted. These rules are rooted in the U.S. Constitution and our fundamental rights (yes, we still have those) as a free society. Thankfully, some of those fundamental rights mean that the government does not have the right to set up roadblocks to contact citizens, unless they follow these very strict guidelines. Inevitably, in a DUI checkpoint case, many of these guidelines are ignored or downplayed, leaving gaps in the prosecution's case that a trained and dedicated DUI lawyer can take advantage of.
One of these strict guidelines is the requirement that the location of the checkpoint be disclosed and published in the media. For those of you planning to exercise your right to socialize responsibly on New Year's Eve, but still need to drive, here is the latest list of Orange County DUI checkpoint locations for New Year's Eve. Note that the less descriptive the disclosed location is, the MORE DEFENSIBLE cases are arising from that checkpoint.
Westminster 8pm to 3am UNDISCLOSED location
Laguna Beach: "saturation patrol" disclosed at "ROVING."
La Habra: "saturation patrol"
Placentia: "saturation patrol"
The actual press release from the OC Sheriff's Office can be found here:
http://www.ocgov.com/vgnfiles/ocgov/Sheriff-Coroner/Content/Press%20Releases/2011/2011-12-27_Avoid_DUI_Campaign_Update.pdf
