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What You Must Know About Sobriety Checkpoints And DUI Defense

Quick answer

How do sobriety checkpoints change a DUI defense? They're legal in California with notice and neutral procedures, explains San Jose attorney Stuart Kirchick. But because no bad driving was observed—you simply pulled up—the defense gains mitigation and a stronger motion to suppress. He can argue there was no weaving, and that field sobriety tests alone may not justify arrest.

Excerpt summaries from the video and transcripts · how we make them

Answered by Stuart Kirchick · San Jose, CA

Highlights

0:28

— why checkpoints are legal when they give notice and follow neutral rules

1:33

— how the absence of weaving becomes a defense at a checkpoint stop

Frequently Asked Questions

Are sobriety checkpoints legal?

Yes—they're legal in California when they give notice and follow neutral procedures, so a properly run checkpoint can't be challenged as an illegal stop.

How does a checkpoint help the defense?

Because no bad driving was observed—you simply pulled up—the defense gains mitigation and a stronger motion to suppress, arguing there was no weaving and that field sobriety tests alone may not justify arrest.

→ Full interview on Attorneys.Media

Contact Stuart Kirchick
Answered by

Stuart Kirchick
The Law Offices of Stuart D. Kirchick

26 filmed answers · full profile →

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