OC DUI Checkpoints: La Habra Checkpoint scheduled for July 31, 2015

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OC DUI Checkpoints: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

Our Orange County DUI Lawyers have learned of more OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015. Our La Habra DUI Information page learned that the La Habra Police Department’s Traffic Unit will be conducting a DUI/Driver’s License Checkpoint on July 31st, 2015, at an undisclosed location within the city limits between the hours of approximately 9:00 p.m. to 3:00 a.m.

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015, as part of law enforcement’s efforts to cut down on DUI cases in La Habra.

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.

We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution, as follows:

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

 

Certain requirements for DUI checkpoints to be legal do apply, though.  In California, the Ingersoll case law decision applies. Quoting from that decision:

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.

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

Man with 17 DUI convictions is sentenced

Man with 17 DUI convictions is sentenced

Man with 17 DUI convictions is sentenced is sentenced in Massachusetts.

The news had a story about a man with 17 DUI convictions is sentenced. It turns out that there were two such cases.  In the opinion of this Orange County DUI Lawyer, multiple DUI cases usually are a deep sign of physical or neurological problems that often go unaddressed by the court system.

Português: Uma cela moderna em Brecksville Pol...

Orange County Jail is not the place you want to be, trust me., people with multiple DUI cases are helped by intensive rehab, sobriety, and treatment for physical or mental issues, not helped by jail, as evidenced by the many who go to jail and reoffend again.

As a case in point, a man in Kansas this week was sentenced for his seventeenth DUI case.

A different man who had seventeen DUI cases in Peabody, Massachusetts, and had done prior prison time, was sentenced in 2011 to no jail time for his seventeenth conviction. In that case, defendant Charles Stefanilo Jr.’s driver’s license had already been revoked for life as a result of his long history of drinking and driving. But he got behind the wheel over Labor Day weekend in 2011, and probation officials wanted a judge to revoke his probation as a result.

“That means I would be doing eight years in jail,” Stefanilo, 55, complained to Judge Timothy Feeley. “It’s crazy.”

(See http://www.salemnews.com/news/local_news/no-jail-time-for-man-with-duis/article_a452aff5-8b4c-5817-8da0-8c8cb1ba34ea.html).

Man with 17 DUI convictions is sentenced in North Carolina

In a completely separate case, someone with seventeen DUI cases in North Carolina, was previously sentenced to seven years in State Prison in that state.

In the case in Kansas, I mentioned above, this particular man was sentenced to one year in jail for his seventeenth conviction.

Stephen Gast Jr. pleaded guilty after his arrest last month, when law enforcement officers were called about a drunken driver. They found Gast in his vehicle, swerving in the road, according to the prosecutor in the case.

The conviction was Gast’s 17th DUI since 1980, with most of the offenses occurring in Leavenworth County, where Gast has been a lifelong resident.

Gast was sentenced to one year in jail and a $2,500 fine, the maximum punishments in Kansas for a person after four or more DUI convictions.

The sentence allows Gast to leave jail on work release after 48 hours in custody if he can verify employment.(Source: http://www.kansascity.com/news/local/crime/article28349164.html)

The high rate of Orange County DUI cases have triggered the specifically the Newport/Costa Mesa area, is the world capital of rehab programs.  Rehab homes in Orange County can offer treatment ahead of time ,which can help avoid jail or prison sentences, which doesn’t help public safety, or solve the underlying problems.

Contact us if you have questions about multiple offense DUIs.  We have experience in this area and can help you.

DUI Checkpoint in Santa Ana Planned

DUI Checkpoint in Santa Ana Planned

Our Orange County DUI Lawyers have learned that the Santa Ana Police Department has a DUI Checkpoint in Santa Ana Planned for tonight, as an Orange County DUI Checkpoint.

Police will be conducting a DUI/Drivers License checkpoint tonight, Friday, July 17th, 2015.

It will begin at 9:00PM and is scheduled to conclude at 3:00AM, and it will be conducted in the area of 1500 E. McFadden Avenue, in the City of Santa Ana.

Be safe and plan ahead.

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

Another Orange County DUI Checkpoint tonight, courtesy of the Santa Ana Police Department.

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

Contact our firm if you have any questions about Orange County DUI Checkpoints.  We can help you.