The San Jose Police Department issued a statement that they will be conducting a sobriety checkpoint tonight, August 13, 2010 from 9:00 pm.m to 3:00 a.m. The police did not indicate where the checkpoint would be (although the law requires them to publish the location of the checkpoint).
The usual spots the police conduct these operations are on Monterey between Fehren and Southside. The San Jose police are not allowing points to turn away (again as required by the law) so once you get trapped into a roadblock, there is no escape. Of course this begs the question: if motorists are not allowed to turn away, what probable cause do the police have in stopping any vehicle. When there is a turnaway point and a motorist continues to drive into the stop, then there is implied or constructive consent to the stop. Just being forced into a checkpoint does not give rise to probable cause.
To see the police department's statement click here.
If you have been charged with a DUI or any crime you need legal representation. Call the Law Offices of Erik Steven Johnson for a free consultation at (408) 246-3004. Know your rights!
