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Santa Barbara Judge May Declare that California DUI Checkpoints are Illegal

By Neil Shouse, Esq.

A Santa Barbara Superior Court Judge is being asked to rule that California DUI checkpoints are being illegally operated. The arguments will be heard next Wednesday. If the Judge determines that this is the case, it will not only change how California DUI checkpoints are operated in the future (if at all), but will likely result in a number of DUI convictions being overturned where the arrests were made at these sobriety roadblocks. In 1990 the U.S. Supreme Court ruled that DUI checkpoints are legal, as long as the officers overseeing the checkpoints follow a variety of very specific procedures. The current Santa Barbara case is based on the argument that officers are not following these procedures and that?as a result?the checkpoints that were previously conducted that were not in accordance with these rules were illegal...continue to full post

Full post as published by DUI Blogger on February 25, 2011 (boomark / email).