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CALIFORNIA IN BRIEF : JOSHUA TREE : Checkpoint Notice Ruled Insufficient

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From Times Staff and Wire Reports

A Municipal Court judge threw out a drunk driving case, ruling that one day’s advance publicity for a sobriety checkpoint was insufficient, attorneys said. Deputy Dist. Atty. Gordon Isen said it was “ridiculous” to require more than one day’s notice. There was a front-page article about the June 22 checkpoint in the local newspaper and many radio broadcasts on June 21, he said. Isen said Judge Larry Allen “suggested that at least two days’ advance publication would be necessary,” Isen said. Isen said the state Supreme Court has found that sobriety checkpoints are legal, but “substantial advance publicity” is required. The court did not define how much publicity is enough, Isen said.

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