Thank You Santa Barbara for SBMC 28:20!
Attorney Robert F. Landheer comments on “safe access” for seriously ill marijuana patients under SBMC 28:20.
Here are 5 things you should know about DUI checkpoints:
1. Police usually tell you that a DUI checkpoint is coming up.*
2. You can avoid checkpoints.
– The police cannot pull you over simply because you turn around at a checkpoint.
3. If you avoid a checkpoint, police can pull you over if:
i. You drive illegally** OR
ii. You show signs of intoxication
4. Officers cannot select which vehicles to stop at the checkpoint.
– The police must stop cars in a consistent pattern (IE: every third car)
You can contest your DUI charge by challenging the legality of a DUI checkpoint. There are 8 factors
the court looks at to determine if a checkpoint is legal.
*If you are not warned about a checkpoint, you can challenge the legality of the checkpoint in Court on the grounds that it was unavoidable.
**Examples of illegal driving include failing to signal, crossing a double-yellow line, and making an improper u-turn.
Santa Barbara Independent, February 2, 2016
Santa Barbara Independent, February 28, 2014
Santa Barbara Independent, April 28, 2011