Beware of Sobriety Checkpoints During Memorial Day Weekend and Know the Constitutional Implications of a Sobriety Checkpoint - The Law Office of Christopher J. Shea

SAN FRANCISCO, CA, May 25, 2011 (Press-News.org) With Memorial Day Weekend fast approaching, the Law Office of Christopher J. Shea is reminding the public to be aware of law enforcement's use of sobriety checkpoints and the legality of such checkpoints.

Sobriety checkpoints are an easy tool for police to use to catch drunk drivers during the holiday weekend. Unfortunately, sobriety checkpoints enable police to arrest drivers that otherwise might not have been arrested because these individuals may not exhibit any dangerous driving behavior.

If you will be on the roads during this holiday weekend, or plan to drive on future holidays, it is imperative to know the legality of sobriety checkpoints. Additionally, if you are arrested for a DWI that resulted from a sobriety checkpoint, then you must have an experienced attorney, such as San Francisco Criminal Defense Attorney Mr. Christopher J. Shea, who specializes in DWI law, who is knowledgeable about the legal complexity of sobriety checkpoints, and who is informed about the most recent DWI law.

The California Supreme Court Case of Ingersoll v. Palmer, decided in 1987, established eight factors which should be followed to ensure the constitutionality of a sobriety checkpoint:

1) Selection of the site of the checkpoint and the procedures used at the checkpoint must be determined by supervisory law enforcement personnel;
2) Motorists must be randomly stopped pursuant to a neutral formula;
3) Adequate safety precautions (such as proper lighting and warning signs) must be used;
4) Location of checkpoint must be reasonable;
5) The time of the checkpoint and the duration of the checkpoint must reflect law enforcement's "good judgment";
6) The checkpoint must demonstrate to drivers that it is an official checkpoint operated by law enforcement;
7) The average length and nature of the detention must be minimized; and
8) There should be publicity about the checkpoint's location and time.

The use of sobriety checkpoints is a controversial issue. Indeed, many argue that such police activity violates individuals' Fourth Amendment rights, which protect persons from unreasonable searches and seizures. The constitutionality of a Super Bowl Sunday sobriety checkpoint was recently litigated in the case of People v. Alvarado (2011) 193 Cal.App.4th Supp. 13.

In Alvarado, the court determined that the police failed to have a constitutional sobriety checkpoint because the prosecution failed to prove that the sobriety checkpoint was in compliance with factors #1, 2, 7, and 8, as listed above. As a result of the court's ruling, Alvarado's motion to suppress evidence (ie. breathalyzer results) was granted. Consequently, Alvarado's case will most likely be dismissed because, without the forensic evidence of Alvarado's alcohol intake, there is no evidence to prove that Alvarado was driving while intoxicated.

When an individual is arrested for a DWI, it is important to have an experienced lawyer, such as Mr. Shea, who will discover the possible constitutional implications involved in a case. If an individual finds himself or herself arrested as a result of the several sobriety checkpoints that will be enforced over the holiday weekend, Mr. Shea has the reputation, respect and experience to zealously represent the accused's interests.

About the Law Office of Christopher J. Shea
For over 15 years, San Francisco DUI lawyer Mr. Shea has worked exclusively in criminal law. For his first eleven years, he was a Deputy District Attorney in Marin County. Mr. Shea understood that his responsibility was not always to seek conviction, but to work diligently to serve the interests of justice. Mr. Shea's experience as a tough but fair minded prosecutor amplifies his understanding of the criminal justice system and contributes to his effective negotiation of cases. With Mr. Shea's intimate understanding of the criminal justice system, he has a unique perspective of knowing how the criminal justice system works from both sides and allows him to favorably and strategically position himself to fervently represent his clients.

Website: http://www.christopherjshea.com