Rodney's Blog

In a small town in Pennsylvania, officers established a DUI checkpoint. During the course of the proceedings, 35 cars were stopped. These 35 stoppages lead to 3 arrests. At first this may seem like a small number. Do the math, though, and you will find that this is 8.5 percent of the people stopped.

There are two possible scenarios that can lead to this result. The first scenario is that approximately 8.5% of the people driving in the small town are intoxicated beyond the legal limit. Circumstances such as location may increase the amount of people that may be driving drunk and should be taken into account. The time of day, such as 2PM versus 2AM can additionally come into play. In the end, though, it is unlikely such a high percentage of all drivers on the road were over the legal limit.

The second scenario is that the stoppages were not random. If the officers were only pulling over individuals showing signs of intoxication, the higher percentage would be much more likely. This calls into question the same recurring debate about DUI checkpoints.

Many Los Angeles defense attorneys argue these checkpoints are a violation of Fourth Amendment rights. The Fourth Amendment has been interpreted to require probable cause to be stopped in a vehicle. If the checkpoint is not random, are personal rights more protected? The debate has been to the highest courts and Chief Justice Rehnquist has said DUI checkpoints are here to stay … for now.

If you or a loved one has been charged with an offense, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.