DUI on a motorcycle alleged in Huntington Beach

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DUI on a motorcycle alleged in Huntington Beach

English: City flag of Huntington Beach, Califo...

Huntington Beach DUI

Our Orange County DUI Lawyers have learned that a man suspected of driving under the influence was injured in a solo motorcycle accident that closed part of northbound Pacific Coast Highway in Huntington Beach early the morning of June 20, 2015.  DUI on a motorcycle alleged in Huntington Beach as a result of this accident.

The driver was taken to UCI Medical Center in Orange with non-life-threatening injuries and was issued a citation only for his Huntington Beach DUI, according to a Huntington Beach Police Department spokesperson.

California’s Vehicle Code 23152 (a) or (b) applies to those caught driving a motorcycle while impaired. This section of the Vehicle Code makes it illegal for anyone to operate a motor vehicle under the influence of alcohol or drugs. Anyone proven to do so in a court of law will be found guilty of a DUI and sentenced according to guidelines that are set by legislation.

DUI laws apply to any motor vehicle where the operator or driver is under the influence, or above a .08% alcohol level, or influenced by drugs.

Motorcycles are especially dangerous, and being DUI makes them more so.

Riding a motorcycle requires complex skills that are very demanding of the driver, and impaired judgment is more dangerous on a motorcycle.

A motorcycle is considered to be a vehicle as defined in the code as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Just as with automobiles, motorcycle driver impairment is a serious problem. Statistics show that motorcycle drivers in fatal crashes had higher intoxication rates than drivers of other vehicles.

There are generally more DUI arrests involving cars than motorcycles due to the number of cars on the road, but motorcycles riders are not immune from law enforcement scrutiny. In fact, many motorcycle riders report coming under extra scrutiny from those in the law enforcement community, whether as the result of concerns over “biker gangs” or because the additional equipment and noise regulations that motorcycles must comply with to be street legal. A motorcycle rider stopped for a muffler or equipment violation may soon find him or herself the target of a DUI investigation if the officer notices telltale signs of intoxication such as bloodshot or watery eyes, slurred speech or the odor of alcohol.

The DMV, as well, will suspend a license for DUI on a motorcycle, just like they do with any motor vehicle, including cars.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

ORANGE COUNTY DUI CHECKPOINT INFORMATION FOR JUNE 19-21, 2015

Orange County DUI Checkpoint Information for June 19-21, 2015Don't get a DUI in Orange County

Don’t get a DUI in Orange County!

Our Orange County DUI Lawyers have obtained Orange County DUI Checkpoint Information for June 19-21, 2015, and learned that law enforcement have been announcing DUI checkpoints and Saturation Patrols for this upcoming weekend here in the OC. Checkpoints in Santa Ana, Placentia, and roving DUI saturation patrols in Villa Park, Stanton, and Yorba Linda are happening this weekend in those respective cities.

The Santa Ana Police Department is having a DUI checkpoint tonight, Friday, June 19, 2015. It will begin at 9:00PM and is scheduled to conclude at 3:00AM. It will be conducted in the area of 1000 E. Fourth Street, in the City of Santa Ana.

The Police Department in Placentia, announced a DUI checkpoint through a press release at facebook, that states that a DUI checkpoint will take place from 8pm to 2am at an unknown location in the City.

And, the Orange County Sheriff’s Department will be conducting roving DUI saturation patrols (where officers trained in DUI detection will be driving looking for persons suspected to be DUI, in the cities of Yorba Linda, Stanton, and Villa Park.

Why would police agencies announce a DUI checkpoint ahead of time for the Orange County DUI Checkpoint Information for June 19-21, 2015? Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.

The concurring opinion in State ex rel. Ekstrom v. Justice Ct. of State, supra, 663 P.2d 992, at page 1001 explained the value of advance publicity: “Such publicity would warn those using the highways that they might expect to find roadblocks designed to check for sobriety; the warning may well decrease the chance of apprehending `ordinary’ criminals, but should certainly have a considerable deterring effect by either dissuading people from taking `one more for the road,’ persuading them to drink at home, or inducing them to take taxicabs. Any one of these goals, if achieved, would have the salutary effect of interfering with the lethal combination of alcohol and gasoline. Advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening.” (663 P.2d 992, 1001, conc. opn. Feldman, J.; see also State v. Deskins, supra, 673 P.2d 1174, 1182.)

Publicity also serves to establish the legitimacy of sobriety checkpoints in the minds of motorists. Although the court in Jones v. State, supra, 459 So.2d 1068, found that advance publicity was not constitutionally mandated for all sobriety roadblocks, nevertheless the court offered the observation, consistent with finding reasonableness under the Fourth Amendment, that 1347*1347 “`[A]dvance publication of the date of an intended roadblock, even without announcing its precise location, would have the virtue of reducing surprise, fear, and inconvenience.’ [Citation.]” (Id., at p. 1080.)”

If you have questions for an expert in Orange County DUI matters, call out firm at (877) 942-3090 anytime.

Irvine DUI Checkpoint announced for June 12, 2015

English: Freeway onramp to the 405 North at Ja...

DUI checkpoint near this onramp to the 405 North at Jamboree Road.

Another Orange County DUI Checkpoint, an Irvine DUI Checkpoint announced for June 12, 2015, was announced as an OC DUI Checkpoint. The Irvine Police Department have announced a DUI checkpoint to be conducted tomorrow, Friday, June 12, 2015, from 8:00 p.m. to 2:00 a.m. in the area of Jamboree Road and Michelson Drive. That area is near Houston’s, The Daily Dose, and is near the Daily Grill, The Melting Pot, on one side of the 405, and Andrei’s on the other.

Our Irvine DUI Lawyers learned about the DUI checkpoint from a press release issued by Irvine PD – they stated that they wanted publicity for this DUI checkpoint to deter drunk driving in the City of Irvine.

Are DUI Checkpoints Legal?

As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State, since the stops often result in citizens being slapped with minor (finable) offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and  has been implemented during these stops as well.

In California, the Ingersoll decision sets up the legality of DUI checkpoints in CA, but also the requirements for them to be legal.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution. If you live in, or are driving through, any of these 12 states, you won’t have to worry about encountering entrapment checkpoints:

  • Alaska,
  • Idaho,
  • Iowa,
  • Michigan,
  • Minnesota,
  • Montana,
  • Oregon,
  • Rhode Island,
  • Texas,
  • Washington,
  • Wisconsin, and
  • Wyoming.

Interestingly, many of the 38 states that DO conduct checkpoints do so under the belief that they are “upheld” under the federal Constitution. Washington, D.C. also allows them for that reason.

And, the U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. That court found that the state’s interest in reducing drunk driving outweighs the “minor infringement” on a driver’s Constitutional rights.

Certain requirements for “Constitutional” checkpoints do apply, though.  In California, the Ingersoll decision applies:

In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)

Contact us Today.

If you have questions about an Irvine DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today.  We can help you and give you an honest assessment of your case.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Orange DUI Checkpoint results in five arrests

Orange DUI Checkpoint results in five arrests

Our Orange County DUI Lawyers have learned that the Orange DUI Checkpoint results in five arrests from their Orange Police Department Orange DUI Checkpoint last weekend.

Of the five, four were related to alcohol, and one was drug related. (It was not mentioned whether this was a Prescription Drug DUI case, or an Illegal Drug DUI case). There were also 14 drivers cited or arrested on suspicion of operating a vehicle unlicensed or while a license was suspended/revoked, and 21 other citations issued.

The checkpoint screened 903 vehicles, so this was a 0.0553% arrest rate, which is typical for DUI checkpoints, which are largely inefficent when compared to other means, such as saturation patrols.

As we had announced here, the Orange DUI Checkpoint was set up from 9 p.m. to 3 a.m. at 300 The City Drive South in Orange, California. If you need the help of the Best DUI Lawyer in Orange County, please call our law firm at (949) 682-5316.

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place.  The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.

ARE DUI CHECKPOINTS LEGAL?

The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:

  • Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
  • Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
  • Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
  • Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
  • Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled

Our Orange County DUI Lawyers have learned that OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled by local law enforcement who have planned three separate DUI checkpoints in the OC tonight.

In Santa Ana, the Police Department is running a sobriety checkpoint from 9 pm tonight (June 5th) through 3 a.m. Saturday at and around 3300 West Fifth Street in Santa Ana.

In Anaheim, our Anaheim DUI Attorney has learned that the Anaheim PD have a DUI checkpoint scheduled from 8:00 p.m. tonight, June 5th, 2015, from 8 pm through 3:00 a.m. tomorrow morning, at the 400 block of S. Brookhurst Street, in Anaheim.

In Laguna Niguel, there is an Orange County Sheriff’s Department Driver’s License and DUI Checkpoint from 6 pm tonight (June 5), through tomorrow morning (June 6) at 3 am.

Be aware, be careful, drive safe, and if you need a DUI Lawyer in Orange County, please don’t hesitate to call us at (877) 942-3090 for help.

English: The Santa Ana Police Department and J...

Orange County DUI offenders end up in OC Jail

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana are scheduled to spend grant money. DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place.  The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.

ARE DUI CHECKPOINTS LEGAL?

The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:

  • Decision making by supervisors: This ensures that checkpoints aren’t set up in “arbitrary and capricious” locations and avoids any accusations of racial profiling.
  • Limits on the discretion of field officers: Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
  • Maintenance of safety conditions: The environment should focus on safety.
  • Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
  • Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
  • Indicia of official nature of roadblock: This has to do with the notice involved in warning signs.
  • Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, the smell of booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
  • Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.

Contact us now – Let’s Get Started.

Contact our law firm today
Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Orange County DUI Checkpoints: Memorial Day report

Orange County DUI Checkpoints: Memorial Day report

DUI Checkpoints Orange County

Laguna Beach Police did well this past Memorial Day weekend, with an Orange County DUI Checkpoint from Sunday night to early Monday.

Police in Laguna Beach reported that they had arrested six suspected drunken drivers and cited 11 drivers for operating a vehicle on a revoked or suspended license out of 1,625 drivers that passed through their DUI checkpoint set up from 9 p.m. Sunday to 3 a.m. Monday near Wesley Drive on Pacific Coast Highway.

A Laguna Beach Police spokesperson said, ““Per capita, we make more DUI arrests than any other agency in the state,” which is likely not true. In related news, the Orange County Sheriff’s Department has a DUI sting for those driving on suspended license, at the Harbor Justice Center, in Newport Beach. Of the fifteen offenders with suspended licenses that were targeted, eight were stopped for driving on a suspended license. So Orange County DUI Checkpoints: Memorial Day report shows eight driving on a suspended license cases, and six DUI cases from the one checkpoint.

Laguna Beach, California was the site of a Orange County DUI Checkpoint Memorial Day weekend.

Laguna Beach, California

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place.  The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.

ARE DUI CHECKPOINTS LEGAL?

The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:

  • Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
  • Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
  • Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
  • Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
  • Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.