DUI Checkpoints in Irvine: Your Rights and How to Handle Them
DUI Checkpoints in Irvine: Your Rights and How to Handle Them
DUI Checkpoints in Irvine: Your Rights and How to Handle Them DUI checkpoints are legal in California and are used to deter and catch intoxicated drivers. They are typically set up in areas with high rates of drunk driving accidents or during holidays and special events when there may be an increase in alcohol consumption. Choosing Wallin & Klarich to represent your case puts you in a better position to…
Read MoreVehicular Manslaughter vs. Vehicular Homicide
Vehicular Manslaughter vs. Vehicular Homicide In California, the difference between vehicular manslaughter and vehicular homicide lies in a few legal nuances. Vehicular manslaughter is defined as an unlawful killing that took place due to negligence or criminal recklessness. In other words, if the driver was behaving negligently or recklessly when a fatal accident occurred, they can be found liable for vehicular manslaughter. On the other hand, vehicular homicide is defined…
Read MoreCan You Refuse a DUI Checkpoint in California?
If you see signage warning you to slow down and prepare to stop, you may be approaching a DUI checkpoint. If you are caught driving drunk by law enforcement at one of these checkpoints, you will be arrested and charged with driving under the influence. For this reason, you may be wondering whether you can legally refuse a DUI checkpoint in California. What Is a DUI Checkpoint? DUI checkpoints are…
Read MoreCan You Refuse a Breath Test If Pulled Over for DUI?
Can You Refuse a Breath Test If Pulled Over for DUI? Traffic stops are stressful events. You see red lights flashing in your mirror, hear the sirens, and the intimidating demand to pull over from the voice coming through the cruiser’s speaker. Add to this that you probably have no idea why you are being stopped, and you have the ingredients for a situation in which you might inadvertently waive…
Read MoreWhy We Publicize DUI Checkpoints
Why We Publicize DUI Checkpoints We get a lot of feedback on our social media postings for announcing the locations of DUI checkpoints in Southern California. Among the most common questions we receive: “Why do you publicly announce these locations? Aren’t law firms like yours helping people get away with driving under the influence by issuing these advanced warnings about checkpoints?” The answer is simple: We do it because the…
Read MoreHow to Have a DUI-Free St. Patrick’s Day Weekend in Orange County
All across Orange County, people are looking forward to St. Patrick’s Day festivities at their favorite restaurants and bars. Large crowds are expected starting Friday and going well into Monday, the actual date of St. Patrick’s Day this year. In addition to free-flowing green beer, you should also expect to see an increase in DUI checkpoints throughout Orange County targeting intoxicated drivers. Last year, 45 people were arrested on suspicion…
Read MoreAre DUI Checkpoints Legal?
Are DUI Checkpoints Legal? Almost all of us have experienced it. You’re driving home on a Saturday night and you see a line of cars stopped at a DUI checkpoint. At these checkpoints, cars are stopped by law enforcement in random order without any reasonable suspicion. But the Fourth Amendment protects against unreasonable searches and seizures, so how are DUI checkpoints legal? Do DUI Checkpoints Violate Fourth Amendment Rights? The…
Read MoreWhy Announce DUI Checkpoints?
Why Announce DUI Checkpoints? Many of us have had our nights delayed by DUI checkpoints. What many people do not realize is that these DUI checkpoints in California are announced ahead of time. Some people scope out the internet to find routes to avoid before going out so they can avoid DUI checkpoint locations. So, why announce DUI checkpoints ahead of time? This is a question that tons of people…
Read MoreWhat’s the Real Reason for DUI Checkpoints?
What’s the Real Reason for DUI Checkpoints? Most everybody knows what a DUI checkpoint is, and many drivers have had the experience of being stopped at one. For law enforcement, sobriety checkpoints are a way to catch people who are driving under the influence of alcohol or drugs. For drivers, this can be an inconvenience, but it is accepted because these checkpoints take drunk drivers off the road. However, how…
Read MoreDUI Checkpoints: A Fine Line Between Asserting Your Rights and Non-Compliance
One DUI attorney in Florida has attracted national attention after showing that it could be well within your Constitutional rights to merely crack your window, hand the police your license and registration in a bag, along with a note saying “I Remain Silent, No Searches, I Want My Lawyer” at a DUI checkpoint. Background on the Law In 1990, the U.S. Supreme Court said that it was constitutional for police…
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