Need to know where the DUI checkpoints are set up for the weekend? Well, there's an app for that. We previously reported that Fresno has the most DUI roadblocks of any city in the nation.
Evan as law enforcement tout checkpoints as a deterrent, United States senators are trying to shut down cell phone apps that report their locations.
As officials continue to go after intoxicated drivers, we would like to remind you that it is critical that you contact a Fresno DUI attorney -- charges involving checkpoints are even more defensible than a traditional drunk driving arrest. Such law enforcement roadblocks directly violate you Fourth Amendment rights against unreasonable search and seizure. While courts have stopped short of agreeing, they have implemented additional rules and limitations on the operations of such checkpoints.
Last month, four Democratic senators wrote letters to Apple, Google and Research in Motion (RIM) expressing their disapproval over the new apps that alert drivers of the locations of DUI checkpoints. One system, called "PhantomAlert", has been available since 2009 as it was originally created to alert drivers of red-light cameras and speed traps. The app has since advanced and now has the ability to alert drivers about DUI checkpoints. The service reaches Androids, iPhones, Blackberrys and various other smartphones. Although these apps may have their place, serious questions regarding dui defense should be directed to a knowledgeable Fresno DUI Lawyer.
The New York Times reports that the senators asked the companies to remove the programs, saying such software could possibly be used by an intoxicated driver to avoid a sobriety checkpoint, "putting innocent families and children at risk."
"With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers," the letter continued. "In fact, it shouldn't even be available."
The makers of the phone contend they are doing a service by making the presence of sobriety checkpoints known, and thereby discouraging drivers from getting behind the wheel after they've had too much to drink.
While popular cell phone providers are being ambushed by politicans, the app is also compatible on popular GPS devices like Garmin and TomTom. Advocates for the program also argue that there are numerous ways that the public can be alerted about these checkpoints whether it be by cell phone or good old word of mouth.
If you are facing drunk driving charges because of a DUI checkpoint in Fresno, contact the Law Offices of Michael E. Mitchell for a free and confidential consultation to discuss your rights. Call 559-222-2424. SE HABLA ESPANOL.
