DUI Checkpoints | Fresno Criminal Defense & DUI Attorney | What are the rules for checkpoints to be legal?

When is it a DUI checkpoint or an unlawful detention?

The Fresno Bee Reported that,  "A DUI checkpoint at Akers Street and Cypress Avenue in Visalia yielded one DUI arrest and 18 traffic citations Friday evening and Saturday morning, said the Visalia Police Department.Eleven people were cited for driving without a license and three for driving on a suspended license, and four other various citations were issued. Two vehicles were towed during the checkpoint.Members of the Visalia Police Department DUI Team, Traffic Unit, Patrol Division and a volunteer unit staffed the checkpoint from 9 p.m. Friday to 3 a.m. Saturday."

The article calls this a "DUI Checkpoint" but in reality one DUI suspect was arrested.  However, 18 citations where issued for something other than DUI.  11 people cited for driving without a license.  3 people cited for driving a motor vehicle while their drivers license was suspended.  The supreme court has made very strict guidelines on what is a legal checkpoint and what is illegal.  Narcotic checkpoints were ruled unconstitutional.  However, DUI checkpoints where ruled to constitutional.  However, common sense tells us that when checkpoints are in fact serving a purpose entirely different than what they were meant to serve, that it is no longer a DUI checkpoint, but rather a random detention center placed on the arteries of free travel.

If you were in the business trapping animals.  You got paid the same to trap a coyote, wolf, dog, or cat. You got paid more for selling a sheep. You were allowed to bait a trap for wolves, but no other animal.  You had to place the trap in a area where wolves are a nuisance.  However, only 1 in 18 of the animals you trapped was actually a wolf, but you made money on every animal you trapped, especially selling the sheep. At what point could the trust be eroded to a point where the authorities stepped in and said no to future baited traps?  This is exactly what he government is doing.  The courts ruled that DUI was such a problem in society, under carefully define rules the government would allow this baited trap called a DUI checkpoint to catch the proverbial wolf, the DUI Driver.  However, too many sheep are being caught. There are case law guidelines that set forth the criteria for a DUI Checkpoint.  If you were cited at a DUI Checkpoint, you may want to discuss your case with a qualified DUI attorney who can advise you on the criteria necessary to conduct a DUI checkpoint, no matter what the violation you were cited for is.

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

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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

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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


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.