Some law enforcement believes that the app allows drunk drivers to avoid detection
The navigation app Waze is incredibly popular, and for good reason. Waze, powered by Google, allows users to submit real-time traffic updates so that other drivers can avoid hazards like accidents, traffic jams, construction — or even speed traps. Yet one type of user-generated content is currently causing a significant amount of anger among law enforcement: posting DUI checkpoints.
Recently, the New York Police Department (NYPD) sent a cease and desist letter to Google, demanding that Waze remove a feature that allows users to report police locations. Waze does not have a feature to report DUI checkpoints. Instead, when users report the location of police in a particular area, they can leave a comment to state what the officers are doing in the area. According to the NYPD, users who post the location of DUI checkpoints may be engaging in criminal conduct by preventing or impairing the administration of DUI laws. They may also be allowing impaired drivers to evade checkpoints.
Google disagrees with this analysis, however. It responded that safety is a top priority in developing navigation apps. According to Google, informing drivers about upcoming speed traps enables them to be more careful and make safer decisions while driving.
According to a DUI defense lawyer Anaheim, CA, in 1987, the California Supreme Court held that DUI checkpoints are legal as long as they meet certain criteria. Specifically, DUI checkpoints must satisfy the following factors:
- The decision to conduct checkpoint must have been made at the supervisory level;
- There must be limits on the discretion of field officers;
- Checkpoints must be maintained safely for both the officers and the motorists;
- Checkpoints must be set up at reasonable locations such that the effectiveness of the checkpoint is optimized;
- The time at which a checkpoint is set up should also optimize the effectiveness of the checkpoint;
- The checkpoint must show indicia of official nature of the roadblock;
- Motorists must only be stopped for a reasonable amount of time which is only long enough to briefly question the motorist and look for signs of intoxication;
- There should be advance publicity of the checkpoint, which is usually accomplished with signs and lights.
Neither this ruling nor the later United States Supreme Court on DUI checkpoints prevents motorists from alerting others about the presence of a checkpoint. If a person could theoretically call a friend or family member to inform them about a DUI checkpoint on a certain road, or post about it on their social media, then they should similarly be able to post about it on Waze or another app.
If you have been charged with a DUI, the Chambers Law Firm can help. We are highly skilled at representing clients who have been charged with driving under the influence and other offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense lawyer Anaheim, CA.
