Can San Diego DUI Checkpoints be legally avoided? Do San Diego area police have to provide motorists an escape route, attorneys remind??rick
San Diego DUI Defense Lawyers handling administering hearings have to remind Hearing Officers there is a “a not-so-small point” requirement (conveniently not found in California DMV’s Driver Safety APS Manual: One’s Right to Escape or Avoid a DUI Roadblock or Drunk Driving Checkpoint.
San Diego County DUI Law Center’s Attorney Rick Mueller wrote this Article showing the recognized United States & California case law, suggesting DMV should have inserted some of this important language in the Manual it provides for its hearing officers. Here’s one excerpt:
“Detention for Avoiding the Roadblock
With regard to the citizen’s right to avoid the stop, at page 1336, Ingersoll said, Checkpoint personnel were specifically instructed that drivers were not to be stopped merely for avoiding the checkpoint. The road sign announcing the checkpoint was placed sufficiently in advance of the checkpoint that motorists could choose to avoid the checkpoint.”
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