San Rafael Police are planning a DUI and driver’s license checkpoint for Friday, January 2nd in the evening hours. Under a new procedure, checkpoint locations will no longer be announced in advance.
After consulting with California’s Office of Traffic Safety, Marin County District Attorney’s Office, and with San Rafael City Attorney Rob Epstein, SRPD has modified its checkpoint procedures with regard to advance publicity. The main purpose of a checkpoint is to act as a deterrent while at the same time educating motorists. We believe that by not disclosing the location in advance will act as a greater deterrent because impaired drivers and unlicensed drivers may chose not to drive. Beginning January 1, 2009, the date and approximate time of checkpoints in San Rafael will be publicized but the location will not. People v Banks, a 1993 California Supreme Court case, held that advance publicity is not necessary for a checkpoint to be valid. Several California law enforcement agencies, including some in the North Bay, already follow this same procedure. Funding for these checkpoints is provided by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.