California’s New App Aims to Lower Orange County DUI cases

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California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases: The California Office of Traffic Safety introduced an app a few months ago, meant to encourage designated drivers, and to discourage drunk driving. That would have the effect of lowering DUI arrests in Orange County.

The phone app, called DD VIP, is made for both iPhones (and iPads), and Android devices, shows exclusive offers and discounts for designated drivers at bars and restaurants throughout California. It also offers a way to call for a ride home in case the designated driver decides to have something to drink.

Android users can get the app here: https://play.google.com/store/apps/details?id=com.glass.ddvip&hl=en

iOS users can get the app here: https://itunes.apple.com/us/app/ddvip-bar-finder-for-designated/id941928425?mt=8

On the Apple iTunes store, one comment states: “First DD app that isn’t just a cab finder. Does what it says and what I want. Finally, being the DD is cool, plus free stuff!’

As an Orange County DUI Attorney, I am always on the look for changes to technology, the law, and defenses, whether legal or factual.

I’m also interested in both keeping the police and courts honest, and keeping our roads safe. I checked out this app and see that for Newport Beach DUI and surrounding designated drivers, there were listings for Bayside Restaurant, The Class of 47 Bar, and The Alley Restaurant and Bar. Bayside had a “Fojito”, a non alcoholic drink made with strawberries, mint leaves, and fresh lime juice, and the others allowed designated drivers to choose any drink without alcohol. All presented the option to have one drink, free, at their establishment.

It also has a link to call Uber, Lyft, or Curb (which used to be called Magic Taxi), if someone needs a ride.

This app is well done and surprisingly forward thinking for the CHP and CA Office of Traffic Safety, and may help encourage designated drivers and lower DUI Arrests.

DUI Arrests – Do The Police Have to Read You Miranda Rights?

Do the Police Have to Read You Miranda Rights? As a DUI Lawyer Orange County, I see questions like this all the time:

I got pulled over and arrested and got charged with DUI but the cop never read me any of my miranda rights when he arrested me so could i use that to get out possibly or could it help me somehow

Ignore for now the poor grammar and lack of any punctuation. Could not reading Miranda rights cause a defendant “to get out” of a DUI? Or can it help somehow? And do the police have to read You Miranda rights?

For DUI cases, the answer is, “probably not”, and “depends heavily on the facts of the stop and arrest.” Miranda rights apply to custodial interrogations — that is, questioning, or interrogation, while in custody.

If the only evidence that you were DUI is your confession, or admission, that you were driving drunk, which has to be rare, then excluding those confessions or admissions (which is the remedy for a violation of your Miranda or Fifth Amendment rights) could cause those statements to be removed from the case, which might cause the face to fall apart.

More likely, however, there were both non-custodial observations, such as bloodshot, watery eyes, an unsteady gait, and an odor of alcohol, and a breath, or a blood, test. Those are unlikely to be fixed by removing whatever statements were made in response to interrogation that occurred without a reading of rights under Miranda.

The Fifth Amendment of the U.S. Constitution prevents you from being a witness in a case against you, and provides your right to remain silent. Should your case go to a motion, you would have the right to bring a motion to suppress your statements and admissions as to drinking.

Do the Police Have to Read You Miranda Rights? A more thorough discussion about this issue is on our website, under the heading “DUI And Miranda Rights”.

Contact our DUI Defense Firm if you need a DUI Attorney to handle your case.

Police prefer candidates who won’t arrest other officers for DUI in Massachusetts

POLICE PREFER CANDIDATES WHO WON’T ARREST OTHER OFFICERS FOR DUI IN MASSACHUSETTS

A DUI can happen to anyone, even police officers. No one should be above the law. Police prefer candidates who won’t arrest other officers for DUI in Massachusetts, the findings of a commission in a city in Massachusetts revealed. As the Boston Globe Reported, preference in hiring was given to those that pledged if hired not to arrest a fellow officer if they were found to be Driving Under the Influence (DUI).

police department in massachusetts gave higher points to candidates who pledged not to arrest fellow officers for DUI

When candidates said they wouldn’t arrest family or fellow officers, the hiring panel noted the person “knows discretion.” Indeed, the commission said that “Some of the interview panelists actually heaped high praise on those candidates who stated that they would arrest a stranger but not arrest a friend or family member based on the same facts, citing their understanding of ‘discretion.’”

What is troubling here is that the police officers not only selected candidates based on their professed bias but actively sought officers who would ignore crimes.

Mayor Zanni of Methuen Massachusetts, where this took place, said that he believes police should arrest anyone caught drunken driving, regardless of their connections. “Everyone should be treated equally — no question,” Zanni said. He said candidates have challenged the hiring process and the city is still awaiting those rulings.

Police typically pledge to arrest even friends or family if there is enough evidence that a crime has occurred.  Under the current “zero tolerance” climate for DUI cases, police have a duty to arrest for DUI anyone that has probable cause to show that they committed the crime.

Contact us now if you have a DUI.

Don’t delay contacting us if you have been arrested for DUI.  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.

Robert Miller earns Avvo’s top ratings

Robert Miller earns Avvo’s top ratings

Orange County DUI Attorney Top Rating Avvo Avvo's Client's Choice Award for DUI Attorney   

Avvo is the service that provides Orange County DUI attorney ratings.  Our law firm has some of the top rated Orange County DUI Lawyers, and we are proud of our client’s high opinion of us. Our firm’s founder, Robert Miller earned AVVO’s Client Choice Award for DUI based upon ratings by clients of Miller & Associates, who have given us five-star reviews, including one as follows:

Avvo Client Testimonial

“Recommendation for Robert Miller, Attorney at Law.  I recommend Robert Miller for anyone with a second time DUI in Orange County.  Attorney Miller is very well known in the courts at Harbor Justice Center and much respected by his peers as well.  I always seek a second, third, etc., opinion, and in doing so found very strong recommendations for Attorney Miller.”

Clients have written over 200 testimonials on our website, and also we have a perfect five-star review rating for Orange County DUI Lawyers on Yelp, a near perfect star rating on Google, and a perfect 10.0 rating for DUI Lawyers in Orange County for DUI on the legal rating service Avvo.com.

Client Testimonials - KG

“Dear Mr. Miller,  I wanted to tell you how much I truly appreciated all of the time you spent answering my questions about my recent DUI charge.  Your advice and patience with all of my emails were a testament to your kindness and integrity.  Thank you so much for being so willing to assist me, even though we hadn’t even spoken on the phone.  I will definitely keep you in mind should I need representation in this matter.” – “E”

Avvo's Client's Choice Award for DUI Attorney

Avvo has also had previously awarded the Client’s Choice award in the field of DUI to our firm. That award notes the expert handling of DUI matters and to Robert Miller as the Avvo Client’s Choice for the top rated Orange County DUI Attorney.

“Excellent, caring attorney during a very difficult time.  Robert Miller was not only quick to respond to us but was very forthcoming with advice BEFORE we retained his services. He was not pressuring us or making us feel uncomfortable in any way. Once we retained Robert, he helped us with the entire case, making sure we understood all aspects of what we needed to do and what to expect. I hope to never need his services again, but if we do we would reach out to him without hesitation. I would recommend Robert to anyone and everyone needing an attorney.” —  Melissa F.

A few more reviews from our clients on Avvo:

“Robert is a great DUI Lawyer. It’s very hard to find a lawyer that knows everything there is to know about the law and keep up with all the new laws. Robert knew what to do in my situation that led me to win my case with the court and the DMV. 
I would recommend him to anyone who feels lost or hopeless. Robert will fight for you cause he knows what will it take to win.” — Judy

“Knowledgeable, patient, and reliable! Robert thoroughly and expertly answered every question I had. He handled every detail of my case for me, making as painless as possible what had begun as a nightmare of an experience.” — Anonymous

“Triple A 5 Star Attorney. Attentive. Accomplished. Ambitious.

Do not enter a courtroom without Robert L. Miller at your side. Robert L. Miller & Associates is an exemplary law firm. The attorney and associates are resourceful, dedicated, and results oriented. Their work on my case was more than commendable.:” – Nina

Expert in his field and timely. 

Robert and firm: Thank you for your help with my case. I came to you at a time I needed a quick response. You took the time to make me feel like my needs were a priority. I will be glad to refer you to anyone I know who can use your services. You are professional and timely. I appreciate your help and attention!”

Sincerely, MCS

A good lawyer. Robert Miller handled a matter that just ended, and I was impressed with how quickly and professionally everything was handled. I’d rather not give the details about my offense, but his assistant, Maricela, was very good at keeping me informed with phone calls and copies of documents in my case, and Mr. Miller was patient with me and really, I felt, went the extra mile towards fighting for me, even bringing up some problems with the case that ended up making a difference for me and the outcome. Highly recommended from this client.” – Anonymous

Recommendation for Robert Miller, Attorney at Law.  I recommend Robert Miller for anyone with a second time DUI in Orange County.  Attorney Miller is very well known in the courts at Harbor Justice Center and well respected by his peers as well.  I always seek a second, third, etc., opinion and in doing so found very strong recommendations for Attorney Miller.  I believe I received the most favorable outcome for my case, enabling me to maintain my employment and continue providing for my family.  Attorney Miller is extremely knowledgeable of the applicable law and the inner workings of the courts, individual judges, and alternative sentencing, which made the difference in my case.  Attorney Miller was meticulous in guiding me through the complexities of my case, including the police report and DMV hearing process.” – Anonymous

Robert is a genuine caring soul who also happens to provide the best legal representation that one could ever hope to find.  He kept me informed (and calm) through every step of the process and helped me to achieve a verdict that completely exceeded my expectations of what I thought possible.  I would, without hesitation, or reservation, recommend him to anyone in need of his expertise.” – Eric

DUI Clients need particular care and aggressive representation, and we are glad to have so many happy and satisfied clients, but realize that is only because of our education, preparation, and approach in strategy to DUI matters in Orange County, and our dedication to clients.

Please do not hesitate if you need an expert opinion on DUI cases in Orange County for yourself, or for a close friend or family member. We are happy to help when it comes to DUI Defense.

Contact us today or call our firm anytime at (877) 942-3090.

 

Orange County Labor Day DUI Checkpoints (2015)

Orange County Labor Day DUI Checkpoints (2015)

(UPDATED 9/4): Orange County Labor Day DUI Checkpoints have been announced and scheduled for Labor Day Weekend, September, 2015. Always remember safety first and bookmark this page, which our Orange County DUI Lawyers will update through labor day and beyond.

As we have stated before in a detailed article on Why DUI Checkpoints Don’t Work, DUI checkpoints are designed around funding, officer overtime, and grants, and as such are all about money, not about safety.  DUI Saturation Patrols are much more effective at removing drunk drivers from Orange County roadways and highways.

On Sept. 4th, 2015, there will be a Tustin DUI checkpoint, a Fullerton DUI Checkpoint, a Seal Beach DUI Checkpoint located at Seal Beach Blvd. and Adolfo Lopez, North of Pacific Coast Highway in Seal Beach, a La Habra DUI Checkpoint, an Anaheim DUI Checkpoint, and a Santa Ana DUI checkpoint, which will take place in the City of Santa Ana, at 500 West First Street, from 9 p.m. to 3 a.m..

From August 21, 2015, until Labor Day on September 7, 2015, law enforcement is partnering up together in enforcing Orange County DUI laws, and all across the state and nationwide. The goal is to increase drunk driving arrests, through DUI checkpoints and increased officers on the road.

Orange County’s DUI Task Force kicked off their operations on August 28th, 2015.

The City of Garden Grove DUI checkpoint was from 8 pm Friday (the 28th) through 1 a.m. Saturday.

The Newport Beach DUI checkpoint began at the same time but continued through 2 a.m. The Orange County Sheriff’s Department conducted a DUI checkpoint in San Clemente on August 29th also.

There were also “saturation patrols,” where officers are specially assigned to cruise for DUI drivers, last weekend to look for City of Orange DUI drivers, and all weekend in Fullerton, Costa Mesa and Garden Grove.

Away from Orange County, there is a Signal Hill DUI checkpoint this weekend as well.

OC DUI Saturation Patrols will be conducted in force Sept. 3rd through 5th in Costa Mesa, Sept. 4th in Anaheim, Sept. 5-6th in Santa Ana, Sept. 5-7th in Fullerton and every weekend through Sept. 7th in Garden Grove.

The California Highway Patrol (CHP) will continue their deployment of all available officers onto freeways and county roads as part of their Maximum Enforcement Period over an 18 day period culminating in the three-day holiday Labor Day weekend.

If you need the service of our Orange County DUI Law firm, please call us at (877) 942-3090 anytime.  We are here to help.

 

Setting up opposing counsel for DUI arrest might disbar three lawyers

Setting up someone for DUI might disbar lawyers

Here is an interesting story I came across related to our DUI defense practice. As a DUI lawyer in Orange County, CA, I am always looking for interesting DUI situations, and the ABA Journal had a story about three lawyers on the opposite side of a civil defamation case from a lawyer who was arrested for DUI, who they had “set up” for the DUI arrest. Setting up someone for DUI might disbar lawyers in this case.

If an "overly flirtatious" paralegal asks you to drive her car and her home, "just say no" or you could face a DUI arrest.

Not the real Tampa steakhouse where the DUI arrest started from

This Florida case underlines the old saying in law that civil attorneys can be anything but civil. In January 2013, three lawyers at a law firm had a flirtatious paralegal, join opposing counsel for a night of drinking at a Tampa steakhouse bar. The opposing attorney, C. Philip Campbell, was arrested as he drove away in the paralegal’s vehicle, following a flurry of phone calls and texts between the lawyers and the paralegal.

The three lawyers asserted their Miranda rights, and invoked the fifth amendment, not answering or admitting to anything in depositions or in their bar proceedings. But the officer involved, who was removed from the force, testified that he was asked to arrest Campbell 60 days earlier than this incident, by the same three attorneys.

The driving under the influence (DUI) case was completely dismissed.

Often DUI cases are dismissed for a variety of reasons.  In this case, there was invalid probable cause for the DUI, and police entrapment, but other reasons, like an invalid breath test, or an invalid blood test, or an inability to prove driving in a DUI, or a valid legal defense that allows DUI, can also be asserted by the defense.

If you have questions for our Orange County DUI Lawyer, contact our firm.  We are always happy to help you.