Unlawful Police Stops in Los Angeles
Los Angeles DUI roadblocks, or Los Angeles sobriety checkpoints, are sometimes set up on a public road by police to stop all vehicles, or to stop vehicles according to a specific pattern, to check drivers for driving under the influence.
The United States Constitution says that unreasonable searches and seizures of U.S. citizens are prohibited, which may cause people to question the legality of these checkpoints. In one case, the Michigan State Supreme Court found these roadblocks unlawful. But it became a split decision, whereby the U.S. Supreme Court concluded that properly conducted checkpoints are legal. It still stands as a split decision - eleven states do not abide by the U.S. Supreme Court's decision. These states consider Los Angeles DUI checkpoints unlawful. However, the California Highway Patrol has set up organized Los Angeles Sobriety Checkpoints in order to "diminish the amount of pain, suffering and death that result from drunk driving." The State of California has deemed these checkpoints legal.
Despite the fact that there are legal Los Angeles sobriety checkpoints, there are a number of situations in Los Angeles that constitute unlawful police stops. The legality of police stops can be contested not only by the driver, but by the passengers in the car. Each person has the right to challenge the constitutionality of the police stop. If you think you were pulled over because of your appearance, ethnicity, or just to see if you have been drinking, you may have been the victim of an unlawful police stop. Unlawful DUI stops often occur in areas around clubs or bars during the late night and early morning hours. If you were pulled over without providing probable cause, you may have reason to fight your charges.
Probable cause for an officer to pull you over include behaviors such as speeding, swerving or driving recklessly, ignoring traffic signs or lights, or driving too slowly. You may also be stopped at an established Los Angeles DUI sobriety checkpoint. In order for your traffic stop to be legal, the police officer must prove that you were pulled over for a valid reason, or probable cause.
A DUI conviction can cost up to $7,000 or more in fines and penalties, DUI education, storage fees, and insurance costs. Of course, you can also be jailed, put on probation, and have your license suspended. If you believe you were the victim of an unlawful police stop, you need the help of Kestenbaum Eisner & Gorin LLP to plan your defense. Call (877) 781-1570 today to fight your unlawful police stop in Los Angeles today.