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DUI Checkpoints in Sonoma County

It is the opinion of Wilber Law Offices that DUI checkpoints are, in fact, often used for other purposes. Considering the amount of DUI arrests resulting from these constitutional infringements, (not many) they are more a checkpoint for any violation, and less about DUI investigations and screening.

Typically law enforcement must have probable cause to stop you. That is, they must believe there is a likelihood that the law is being broken. This can include a Vehicle Code violation, vehicle safety defects, or poor driving. So, how is it that law enforcement can just stop you at these checkpoints without observing any of the mentioned criteria?

In order to survive any constitutional scrutiny, the law enforcement agency “hosting” the checkpoint must fulfill or abide by the following criteria:

  1. supervising officers must make all operational decisions;
  2. the criteria for stopping motorists must be neutral;
  3. the checkpoint must be reasonably located;
  4. adequate safety precautions must be taken;
  5. the checkpoint’s time and duration should reflect “good judgment”;
  6. the checkpoint must exhibit sufficient indicia of its official nature;
  7. drivers should be detained a minimal amount of time; and
  8. roadblocks should be publicly advertised in advance. 
  • (Ingersoll v. Palmer (1987) 43 Cal.3d 1321, 743 P.2d 1299)

If any of the above requirements are absent from law enforcement’s checkpoint, it could present a defense to your DUI matter. The likelihood of winning on this basis is low, but not impossible. Wilber Law Offices enjoys these challenges and will always explore every avenue of defense available to you.

Our Settlements & Verdicts

  • Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
  • Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
  • Case Dismissed Client Accused Of Possessing Marijuana
  • Not Guilty Client Charged With Assault Charges And Gang Enhancements
  • Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
  • Case Dismissed Client Charged With Domestic Violence
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
  • Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
  • Case Dismissed Client Charged With Possession
  • Case Dismissed Client Charged With Theft And Elder Fraud

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    “I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.”
    I have used Ryan Wilber several times. Ryan’s representation is both aggressive, and intelligent. His real word experience has proven invaluable to me, and has significantly lessened the consequences of my actions. I found Ryan’s rates to be as good or better then anywhere else around town. Ryan was available to me every time I needed to talk to him. I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.
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    I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me. I’ve talked to a few other lawyers in the past that I felt good about and were knowledgeable, but where Ryan really stood apart from the others was in his ability to help me fully grasp my options and clarify the legal process so I could make hard decisions with confidence. I was getting pushed around and feeling a bit intimidated before he helped me fight back. I’m very thankful to have Ryan there when I need him!
    Former Client
    “I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows!”
    I just went through the painstaking process of getting a DUI in Sonoma County. Ryan Wilber and his team did an amazing job in making this process go as smooth as possible. I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows! Ryan and his office kept me informed with the most up to date information regarding my case and I was also able to log into an online account that was set up where I could access all of my documents. If you need legal help I would highly recommend Wilber Law Offices.
    Beau K.
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    Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!)  He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them!  If your looking for an experienced trial lawyer this is the team you want to hire.  He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.
    William H.
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    Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.
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    There are no words on how to thank you for all you have done for me and our family, especially John Doe. He has been given a second chance at life and I will pray and hope that he will succeed… Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive. You should be highly regarded…
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