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Man charged for 2 felonies after skipping DUI checkpoint

A man who drove past a DUI checkpoint in California without stopping on July 26 was accused of driving drunk. Following the incident, the man was charged for two felony counts of resisting arrest and evading police along with the misdemeanor traffic offenses of driving on a suspended license and DUI. He was freed from custody on $5,000 bail before pleading not guilty to his charges on Sept. 18.

The incident took place at around 12:30 a.m. while police were operating a checkpoint in Desert Hot Springs. Police were set up to check drivers' licenses and look for drunk drivers. When the man approached the checkpoint in his 2012 Volkswagen Jetta, he reportedly refused to stop.

After driving past the checkpoint, the man reportedly collided with a concrete median near Hacienda Avenue and Cactus Drive. Police followed the man to the location where he crashed and then took him into custody. While the man was being detained, he allegedly struggled while police officers. It is unclear whether the accused man was given a breath, blood or field sobriety test and what the results of any tests were.

A person who was charged for DUI after going through a DUI checkpoint may want to have representation from a criminal defense attorney. Counsel may question the legality of any evidence that was gathered at the checkpoint. Because police officers at a checkpoint do not have a warrant to search each car that passes through, they must generally obtain a driver's consent to do so. Drivers also have the right to remain silent when they are being questioned by officers at a checkpoint.

Source: Palm Desert Patch, "Man Pleads Not Guilty to Fleeing From DUI Checkpoint," Alexander Nguyen, Sept. 18, 2015

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