Fresno DUI Attorney | Fresno DUI Checkpoint Nets 8 DUI Arrests | Does the Ziplock Bag technique work for checkpoints?

There was A DUI Checkpoint in Fresno on Clovis Avenue at Westover street culminated in the arrest of Eight (8) people on the suspicion of driving under the influence.  While this operation was advertised, and sold on a constitutional level as a DUI checkpoint designed to bring awareness to the problem of DUI, it also involved the impound of 18 vehicles due in part to DUI and the drivers lacking a valid Drivers License.

Fresno DUI Attorney, Ziplock Bag Technique, and Reasonable Suspicioun
Fresno DUI Checkpoint, Ziplock Bags, and Reasonable Suspicioun

Where is Westover Street?

Most people know where Clovis Avenue is, but Westover Street is a small, rather obscure street, that not many people outside of the immediate area have ever heard of.  The location is between Clinton and Shields.  Westover is actually just North of Clinton Ave, and South of Shields Avenue, right next to Airways Golf Course and the Fresno Yosemite Airport.  Westover is also located very close to an Adult Entertainment Business that features Topless Dancing.  That location is named "City Lights" and has features a full bar.  The local strip club has always been a DUI hotspot, and a person cannot help but to wonder if the nature of the business conducted at that location played a part in picking that location for the DUI checkpoint.

Ziplock bags, License, Registration, proof of insurance, and your right to remain silent.

I have been hearing a lot about using a ziplock bag containing the necessary requirements for passing through a checkpoint.  My friends keep asking, "Does the ziplock bag idea work for checkpoints?" and the answer is always the same.  Maybe.

An officer merely needs a "reasonable suspicion" to detain a driver.  That suspicious must be based on a reasonable person standard.  If an officer is at a checkpoint and a driver pulls up with a ziplock hanging out of the window, all required proof within, and a note saying the wish to remain silent, does that provide "reasonable suspicion" that a crime has occurred, or the person possibly impaired?   Now, if the officer looks in the window and the person appears drunk, has the proverbial "red, watery eyes" or even other factors involved in the "totality of the circumstances" (which is commonly used easy out phrase when officers cannot explain the decision) they now may use the "totality of the circumstances" as a reason or excuse to form an individualized suspicious of impairment that justifies a continued detention.  The courts will have to analyze the basis, and case law will be set, at some date down the line.

Stop and think, "If I was that officer, what would I think if a person did this?"  Many times, if you are a reasonably intelligent person, you would think the same thing they are thinking.  How would I react?  Does it look like a drunk driver planned ahead by putting together his checkpoint kit?

Another opinion might be that it might work, but be safe, don't drink and drive, and try not to aggravate the process

Home Page

Blog

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Climb

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.