Man Runs From DUI Checkpoint With Infant In Car
According to recent reports, a police chase involving a man who was carrying an infant in the car ended in a crash. Kaiser Chavez, 25, and the baby girl were both rushed to an area hospital after the accident; neither was found to have suffered injuries. Chavez allegedly approached a DUI checkpoint that was set up by the East Valley DUI Taskforce in Tempe and fled from police when he realized what was happening. Deputies pursued the vehicle, which was seen speeding recklessly and running a red light on Rural Road near University Drive. The vehicle hit the raised curb at the southbound off-ramp on State Route 143, bringing it to a halt. Chavez then fled the vehicle, abandoning the infant and another passenger. After his arrest, police found that Chavez may have been under the influence of alcohol and marijuana and allegedly located drug paraphernalia in the vehicle. He was also driving with a suspended license. He has been charged with multiple felonies including flight, child endangerment and abuse kidnapping and possession of paraphernalia. The infant was returned to her mother.
Fleeing the Police and Criminal Charges
When police officers attempt to pull over a driver, the individual is obligated by law to stop and comply with all reasonable requests. This includes DUI checkpoints. In most cases, the police set up these checkpoints in areas where it is almost impossible to avoid driving through. This means that anyone who is deliberately attempting to avoid a checkpoint will probably stand out. There have been several court cases that challenged the Constitutionality of checkpoints as they relate to search and seizure law. To date, the courts have primarily upheld the right of police to establish checkpoints as long as they do not violate certain rules such as targeting a specific group of people. However, there have been successful challenges to the conduct of police at specific checkpoints such as searching a car without the owner’s permission. No matter what, it is important to remember that fleeing a checkpoint or an attempted police stop can cause you a great deal of trouble. In most cases, it is better to comply with officer requests then challenge the officer’s conduct at a later time. If you believe you have been targeted or treated unfairly at a police checkpoint, contact the criminal defense attorneys at Oswalt Law Group in Phoenix. We are here to help you defend your rights.