San Diego Criminal Attorneys Blog

In Escondido, North County San Diego, around 9:00 p.m. an 18 year old women driving a Mitsubishi Mirage carrying a 16 year old passenger collided with a pickup truck. The traffic collision occurred at the intersection of South Escondido Boulevard and South Centre City Parkway. The 18 year old female was pronounced dead on sight of the accident while her 16 year old passenger suffered serious injuries. The 37 year old man who was driving the pickup truck suffered minor injuries. The 18 year old driver had pulled out to make a left turn onto South Centre City Parkway when the pickup truck collided with the side of the Mitsubishi Mirage; causing both cars to roll and finally ending after colliding with the center divide. Police don't believe the driver was under the influence of drugs or alcohol, dui, when the traffic accident occurred.

Parents please inform your kids to drive safely!! As parents we often warn our kids of the dangers of drinking alcohol and driving but we must also harp on them about the dangers and consequences of just distracted (cell phone use) driving. A car or truck driven poorly is no difference than handing a loaded firearm to an inexperienced gun handler....No matter how good your kids think they can drive share with them all the teenage deaths that have resulted from traffic accidents in the last two years in San Diego County. The number will shock you! The slightest distraction from the road is all it takes to cause serious injury or even worse death.

The full article can be found here:
North County Times, ESCONDIDO: Teenager killed in traffic collision 7/24/2010

On Thursday, April 15th, a large crowd of supporters gathered in front of the Escondido City Hall building in support of the Driver License checkpoints that the Escondido police department has continuously conducted for the past six years.

More than a 150 people showed, lead by Patricia Bennett, in support of the traffic checkpoints. In contrast this support for the checkpoints and for Police Chief Jim Maher, who has been pressured to remove the traffic checkpoints or resign, the protest against the traffic checkpoints was three times smaller. What does this say about the cities feelings towards the checkpoints and the Police Chief as cars passing by drew honks and cheers? However, what's poplar doesn't always equate with justice!

These traffic checkpoints are a very controversial issue in Escondido and possible other neighboring cities who might start to adopt same or similar policy changes. Simply, are the traffic checkpoints conducted by the Escondido police department constitutional? I think not especially when every car is stopped and the driver interrogated by law enforcement about their drivers license. Supporter's claim the checkpoint have lowered the hit and run cases by a third. But the one question remains, are these checkpoints specifically targeting low income area's where Latinos are being targeted? If so, then theses checkpoints need to be reformed immediately or changed in the way they are conducted to meet all constitutional requirements.

To find this article and read the whole article visit this link:
ESCONDIDO: Rally supporting police, checkpoints draws more than 150, North County Times April 15th

Escondido Councilwomen, Olga Diaz, has been opposed to the city's traffic enforcement checkpoints and has asked state Attorney General Jerry Brown to confirm that these checkpoints are conducted in a constitutional manner by the police department.

The primary purpose of the Escondido traffic checkpoints are to check the validity of the drivers license of the drivers. The procedure goes as follows, first the police block off a road and check all passing vehicles, they check for two main things, other than driving without a license. First they see whether or not the picture matches the person who is driving the vehicle, secondly, they check to see if the license has expired. They do not check any other documents to prevent traffic backups. Are these traffic checkpoints constitutional? Remember our Constitutional Rights to be free from governmental intrusion!

Supporters of the traffic checkpoints argue that the state law prevents checking the drivers license while officers are on patrol, but states nothing about checkpoints dedicated to the checking of the drivers license. The US Supreme Court has never ruled that driver license checkpoints are unconstitutional. They have ruled as long as the checkpoints are conducted in a constitutional manner by law enforcement then they have a right to continue the checkpoints. Patricia Bennett, founder of the Citizens of Escondido Road Safety is a strong supporter of the police checkpoints. She sates, "We all have to abide by the law, "I want to get everyone who is unlicensed and uninsured off the road." Its true that these checkpoints are bringing unlicensed and uninsured drivers off the streets but are they being done in a fair way? Absolutely not! The ends do not justify the means in constitutional analysis!

People opposed to traffic checkpoints argue that they are unconstitutional and are unfairly placed in Latino communities. No surprise, a big opponent to the checkpoints is the Latino community within Escondido who say that these checkpoints are targeting their all the person's in their communities. How many traffic checkpoints are set up in the white or upper class areas of Del Mar or Carlsbad? Latino civil rights groups are also upset because the goal of these checkpoints is to catch those driving without a license, and many of these people are illegal immigrants.

The main question we are faced with is that these checkpoints under law are legal, but are they being conducted in a fair way, or are they fair to even begin with? Please remember, we ALL have the right to be free from unlawful search and seizure from police! These traffic checkpoints as conducted violate our rights to be free from governmental intrusion and should be stopped! Thank you councilwoman Diaz for your courage to take a stand protecting everyone's rights! But please don't hold your breath for the result you want from the States Attorney General, another government law enforcement official!

To read more of the Article and the whole Article visit this link:
ESCONDIDO: Diaz wants attorney general's opinion on checkpoints, North County Times April 3, 2010