California  |  Traffic Law

Legal Question

Asked on: 3/03/13, 8:03 pm

Hello, I got charged in California with a 2800 (A) VC. [1] http://www.dmv.ca.gov/pubs/vctop/d02/vc2800.htm

I was driving home and approached a row of cones that went on for 150+ yards, blocking any turning. Once I approached the stop, I realized this was probably a DUI checkpoint, I had never been through one. I rolled my window all the way down and an officer asked if I knew this was a DUI checkpoint, if I had been drinking and for my ID. I just stared at him without saying anything (thinking over what to say, ~5-10 seconds) I then asked an officer standing next to him if I was being detained and why I need to provide ID, they said you're holding up traffic and if I had a drivers license. Simultaneously I pulled out my phone and informed them I was going to need to audio and video this before complying and as I was doing so they repeatedly said "unlock the car, unlock the car unlock the car". Once I had the recording on I told them I would comply (have this on audio) but they then pulled me out of the vehicle as it was still in drive and then put me down on the curb in cuffs.

I was then informed I was being arrested for refusing to obey a lawful order. I was sent to jail from 1:30 am to 7:30 pm the next day. I was in a cell with 30 people, with seating for 20. I slept on the floor and was later informed the reason it took so long to book us and let us out (16+ hours) was because their computer broke multiple times.

I have a recording of part of the encounter. The time from stopping at the checkpoint to being pulled out of my car was NO MORE than 30 seconds.

What should I do?

My car was towed as well and cost 600$ to get back


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