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Fresno DUI Lawyer | Best DUI Lawyer in Fresno | Best DUI Attorney in Fresno

Posted by Jonathan E. Rooker | Oct 21, 2017 | 0 Comments

Fresno DUI Attorney| Fresno DUI Lawyer
Even the Best Fresno DUI Lawyer in Fresno can't win them all, but.  But, the best thing a DUI Attorney can do is give you a straight, honest, and educated evaluation of your case. Here's a new first look issue taking root out of Florida that is providing a lot of interest nationwide.

Fresno Lawyer watches the evolution of the DUI Checkpoint unfold:

The ziplock bag v. Checkpoint debate is about to be taken up by the courts.  What An out of state attorney has argued that people do not have to speak with police at the Drunk Driver checkpoints.  Further, it is asserted that the driver may comply with all legal requirements merely by placing their license and registration against the transparent glass window and allow the officer to inspect it.

The arguments is that the checkpoints, which many consider to violate the United States Constitution, and others assert it was legal gymnastics was required for the Supreme Court to have found they are Constitutional, further violate our rights by infringement further into the areas of privacy guaranteed by the constitution when they ask to search your vehicle, roll down the window, or take other such liberties from you. DUI Lawyers have long argued against the validity of checkpoints, and numerous case laws such as the Ingersol case have limited the permissive scope of such a roving nuisance.  However, the new challenges should be interesting, because the scope, purposes, selection, and procedures deemed legal do not appear to require the driver to speak or roll down their window.

When asked if I recommend trying such tactics, I always relay the obvious, "Not if you've been drinking" because I strongly suspect any officer worth their salt will find (or devise) a method to achieve the goal, and once you've been arrested for drunk driving, the courts may perform exactly the same legal gymnastics required to find the checkpoints constitutional to find the officer had a reasonable suspicion to further detain the driver.  At which point, any person who has been drinking, will likely find themselves in more DUI trouble or worse.

Some officers maintain that a person selected to be stopped at a checkpoint has a legal obligation to speak with the officer, and will be detained until they do so.  We must also remember that driving is a privilege, not a right, and in so doing, we forfeit certain rights, and the courts have not specifically ruled if this is one of them.

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