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Articles Posted in DUI Checkpoints

Several police deparatments in Orange County will be conducting DUI checkpoints and saturation patrols throughout the upcoming holiday period. This will extend through and including New Years Eve.

In Irvine, a checkpoint is scheduled to take place along Culver Drive and Farwell Avenue beginning at 8:00 p.m. Friday. The checkpoint will stay in place until 1:00 a.m. Westminster Police Department will also be conducting a checkpoint on Friday, although the location has not been disclosed. A checkpoint has been planned in Laguna Niguel on December 30th as well.

DUI Roving Saturation Patrols and DUI Checkpoints have become new tools in the Orange County Sheriff’s Department’s efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints because the deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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Several Orange County cities, including Brea, Buena Park, Garden Grove, Irvine, LaHabra, La Palma, Los Alamitos, Orange, Placentia, Santa Ana, Yorba Linda and the Police Department of CSU Fullerton, will assign extra DUI Roving Patrols for the 4th of July weekend.

DUI Roving Saturation Patrols and DUI Checkpoints have become new tools in the Orange County Sheriff’s Department’s efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints because the deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

Whether it is a DUI checkpoint or a roving patrol, there is no doubt that arresting officers constantly make mistakes. Breathalyzers and field sobriety tests are unreliable in that the breathalyzers results are easily manipulated and the field sobriety tests are strictly subjective. Although the officers who conduct the roving saturation patrols are “trained to look for signs of impairment”, they are not experts; they are human beings capable of making mistakes and misjudging.

Anyone who has been arrested for a DUI at a sobriety checkpoint or as a result of a roving saturation patrol should contact an experienced DUI Defense Attorney. A good Orange County Criminal Defense Attorney, specializing in DUI’s will examine the stop, the tests administered and the details surrounding the arrest to determine whether or not the arresting agency followed proper procedures.

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Tustin Police Department will be conducting a DUI checkpoint Friday from the hours of 6:00 p.m. until 2:00 a.m. Police Officers conducting the checkpoints will be looking for drivers who are driving without a valid California Driver’s License and driving under the influence.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

Continue reading →

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

Continue reading →

Costa Mesa Police Department recently conducted a sobriety checkpoint on Newport Boulevard and Flower Street. Four drivers were arrested on suspicion of driving under the influence of alcohol or drugs. The State of California, Office of Traffic Safety funds these checkpoints, by way of a grant, which are being conducted on a regular basis all over Orange County, California.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.
A good Orange County California DUI Defense Attorney will be familiar with the variety of defenses available to someone who is being charged with DUI or Felony DUI. Some of the obvious legal defenses to felony DUI are challenging the underlying DUI. The appearance of being under the influence can be the same as fatigue and/or certain types of illnesses. Challenging the validity of the breath or blood test results and challenging police procedures and/or police misconduct. Other defenses might be that your negligence was not the actual cause of the injuries, but that there was something other than your intoxication or negligence that caused the accident and/or injuries.

Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

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The Orange County Sheriff’s Department conducted what they referred to as the “Winter Holiday Avoid Campaign” from December 17, 2010 through January 2, 2011. The campaign consisted of Sobriety Checkpoints, Special Saturation Patrols and routine patrols. The campaign resulted in 743 arrests for driving under the influence of alcohol or drugs. More of these “Avoid” anti-DUI campaigns are expected to be conducted periodically.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

In Orange County California, being under 21 and driving with a blood alcohol of 0.01% or greater subjects you to the penalties under California’s “Zero Tolerance Law“. This means that even if you have only one drink, you may be found guilty of the offense. You do not need to be found to be “under the influence”, only that you consumed some measure of alcohol. Penalties for a minor being convicted of DUI vary according to the circumstances. Violating California Vehicle Code 23140 is an infraction and therefore not filed as a misdemeanor or felony. However, certain circumstances can cause the punishment to be more severe. Possible sentences include three to five years of informal probation; $390.00 to $1,000.00 in fines; up to one year in county jail; mandatory court-appointed alcohol class; and a six month driver’s license suspension.

The Department of Motor Vehicles has it’s own punishments/consequences for minor’s drinking and driving. If a minor violates the Zero Tolerance Law he or she will lose their driver’s license for one year, be required to attend and complete a minimum three month alcohol program; and possibly be ordered to participate in a “Youthful Drunk Driving Violation Program”. Participation in this program includes a visit to an E.R., the coroner’s office or a chemical dependency recovery center.

If you are arrested for DUI in Orange County, it is imperative that you seek the advice of an experienced Orange County DUI Defense Attorney. Every County has a way of handling cases that differ from other counties. An attorney experienced in criminal defense work in Orange County will be familiar with the Courtroom process, the individual District Attorneys and the Judges in the individual courtrooms. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develop a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

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In Manteca this weekend, police officers and police cadets set up a DUI checkpoint on Yosemite Avenue from 7p.m. until midnight. Around 500 vehicles passed through the checkpoint and about 15 vehicles were impounded due to drivers having suspended licenses or driving while intoxicated. One man tried to avoid passing through the checkpoint which alerted officers that something was suspicious. After police followed the man, he sped off and led police on a chase. The chase eventually ended when the man crashed into a neighborhood. Officers later found out that the fleeing man, Jose Alberto Calouro, was wanted on three no-bail felony arrest warrants for his alleged involvement in fraud and forgery offenses. Calouro was arrested and taken to jail.

Recently, California has been the recipient of many grants aimed at improving DUI prevention and education programs. With this money, many counties have been setting up more DUI checkpoints as well as sending out more patrol cars to monitor heavily populated areas. Since there are more officers looking out for drunk drivers, if you are driving under the influence, you will likely be caught. Whether you live in Santa Ana, Brea or Yorba Linda, if you have been charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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Last Thursday, from 9 p.m. to 3 a.m., Newport Beach Police set up a sobriety checkpoint on Dover Drive. About 340 cars drove through the checkpoint, 308 cars were given DUI material and information and were observed by officers, 11 of the drivers were given field sobriety tests, 6 were arrested for driving under the influence, 11 citations were given and 7 cars were towed.

DUI checkpoints can be costly for cities, but many cities think its worth it. DUI checkpoints scare the community to not drink and drive and also save people’s lives. If you ever want to know if there will be a DUI checkpoint in your area, call the local police station and ask. Even if there is no DUI checkpoint, there is often police saturation during the weekend to catch drunk drivers. Whether you live in Huntington Beach, Irvine or La Palma, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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This weekend, officers will be regulating traffic and checking for drives who are not wearing seat belts, who are speeding and who may be driving under the influence. In Orange County during Labor Day weekend last year, around 67 people were arrested on suspicion of DUI. California DUI rates are down compared to last year though, so hopefully there are not too many people driving under the influence.

Checkpoints will be set up in Dana Point and Newport Beach. There will be a task force operation in La Habra and saturation officers in Orange. Click here for the detailed schedule. Since there are many parties during the Labor Day weekend, it is likely that alcohol will be involved. If you drink, please do not drive! Whether you are in Laguna Beach, Anaheim or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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On Friday night, Costa Mesa police set up a DUI checkpoint at Newport Boulevard and 22nd Street. Police screened about 212 of the 647 cars that drove through and investigated about 25 possible DUI incidents. Police arrested 3 people for driving under the influence and 1 person for suspicion of possessing marijuana for sale. Police also cited nine drivers for not having their license and 10 for vehicle violations. The next checkpoint in the area will be on August 26.

DUI checkpoints are effective because police stop all people in one busy area to see if someone has been drinking. Once you get close to the checkpoint, any turning around is prohibited. Checkpoints have many standards they have to follow. For example, the pattern of stopping cars must be neutral and mathematical (ex- every other car, every fourth car…etc). Additionally, the stop can not be overly burdensome or intrusive. Lastly, there must be a sign in the area warning drivers about the check and the area must be well lit and safely done to minimize fear for drivers.

Whether you get a DUI in Anaheim, Fullerton or Irvine, you will need an experienced DUI defense attorney to assist you in the legal process.

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