Orange County DUI Checkpoints November 17, 2017

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Category Archives: Orange County DUI Checkpoints

Orange County DUI Checkpoints November 17, 2017

Orange County DUI CheckpointsOrange County DUI Checkpoints November 27, 2017

Orange County law enforcement has a number of DUI checkpoints and saturation patrols that are planned for this weekend, including in Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:
Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:
Cop here! DUI checkpoints are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.”

The following are the DUI Checkpoints in Orange County announced for this weekend

Huntington Beach DUI Checkpoint

One of the Orange County DUI Checkpoints tonight is the Huntington Beach DUI Checkpoint, scheduled from 7 pm on Friday, November 17th, 2017, somewhere in the City of Huntington Beach.

Laguna Niguel DUI Saturation Patrols

A Saturation Patrol is used, like an Orange County DUI Checkpoint, to apprehend and identify those people that are driving under the influence.  Laguna Niguel has a series of Saturation Patrols in Laguna Niguel for Friday, November 17th, 2017, throughout the city of Laguna Niguel.   More Laguna Niguel DUI Information.
According to California DUI caselaw, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
Those are the Orange County DUI Checkpoints November 17, 2017. If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoints cases, we can help you, or your loved one.  Consult with us today.

Orange County DUI Checkpoints September 15, 2017

Orange County DUI Checkpoints September 15, 2017

Orange County Police DUI Checkpoint

Orange County police departments have announced DUI checkpoints and saturation patrols that are planned for this weekend.  Here are the Orange County DUI Checkpoints September 15, 2017.
Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:
Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:
“Cop here! DUI check points are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.” 
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
The following are the DUI Checkpoints in Orange County announced for this weekend:

Anaheim DUI Checkpoint

One of the Orange County DUI Checkpoints is the Anaheim DUI Checkpoint, scheduled for September 15, 2017, starting at 8 pm and ending at 3 am, at Beach Boulevard, at Ball Road, in the City of Anaheim.  See our Anaheim DUI Information, if you are curious for details on how Anaheim DUI cases are handled overall.

Contact us.

Contact our law firm today

Contact our Orange County DUI Attorney if you need the help of an Orange County DUI Attorney who is experienced in handling DUI checkpoint cases, we can help you, or your loved one.  Consult with us today.

Orange County DUI Checkpoints, Sept 8-9 2017

Orange County DUI Checkpoints, Sept 8-9 2017

DUI Checkpoints in Orange County
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:

Effectiveness of Orange County DUI Checkpoints

Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols.
The following are this weekend’s Orange County DUI Checkpoints, Sept 8-9 2017

DUI Checkpoint in Lake Forest

The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Lake Forest.  The location was not disclosed, but past locations were at Muirlands and Ridgecrest, or at El Toro Road and Cornelius Drive. 

DUI Checkpoint in Rancho Santa Margarita

Rancho Santa Margarita DUI Information.  The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Rancho Santa Margarita.  The location was not disclosed.

DUI Checkpoint in Placentia

Placentia DUI Information.  The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held from 8 p.m. on Friday, Sept. 8, to 2 a.m. Saturday, Sept. 9 within the city of Placentia, on Yorba Linda Boulevard at Kraemer Boulevard.

According to California DUI caselaw, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
The law states that: “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop. ” (Vehicle Code 2814.2(a)).

Contact us.

Contact us
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoint cases, we can help you, or your loved one.  Consult with us today.

Orange County DUI Checkpoints Labor Day Weekend, 2017

Orange County DUI Checkpoints Labor Day Weekend, 2017

Orange County DUI Checkpoints

La Habra DUI Checkpoint

La Habra announced a La Habra DUI Checkpoint DUI checkpoint in their city on September 1st, 2017, from the hours of 7:00 pm. to 3:00 a.m.

Fullerton DUI Activity

Fullerton Police Department announced not a Fullerton DUI Checkpoint, but roving DUI patrols on 16 different nights looking to stop and arrest drivers who are impaired by alcohol and/or drugs and causing DUI in Fullerton or Fullerton DUI arrests. In addition to the roving patrols, the Fullerton Police Department Traffic Bureau will be conducting a DUI/Drivers License Checkpoint on Thursday, August 31, 2017, at an undisclosed location, between the hours of 8:30 PM and 2:20 AM.

Garden Grove DUI Activity

Garden Grove Police Department announced not a Garden Grove DUI Checkpoint, but roving DUI patrols who might be DUI or may be DUI in Garden Grove. In addition to the roving patrols, the Fullerton Police Department Traffic Bureau will be conducting a DUI/Drivers License Checkpoint on Thursday, August 31, 2017, at an undisclosed location, between the hours of 8:30 PM and 2:20 AM.

Are Orange County DUI Checkpoints legal?

If you’re wondering if DUI checkpoints are legal, they are, under California’s case law and decided cases involving DUI.  However, they are required to meet certain criteria, including advance publicity.

Under the law, some of those criteria are as follows:

  1. The location, time and duration of a checkpoint, and other regulations for operation of the checkpoint should be established (preferably in written form) by supervisors or other administrative personnel rather than the field officers implementing the checkpoint;
  2. Advance warning must be made to the approaching motorist with signs, flares and other indications to warn of the impending stop in a safe manner and to provide notice of its official nature as a police checkpoint;
  3. Detention of the motorist for a minimal length of time; and
  4. Use of systematic non-random criteria for stopping motorists.

Under the Ingersoll case here in California, it’s required that police give advance notice of a checkpoint, which is how we get notified of each one ahead of time.

Press releases from Police Agencies exist to let people know about it.  This leads to another reason why DUI checkpoints are a bad idea – those that plan ahead and are the most dangerous serial drunk drivers, or alcoholics, are the least likely to be caught in a DUI checkpoint for that reason.

Why are there Orange County DUI Checkpoints?

DUI Checkpoints are less effective than other means of removing drunk drivers from the road. Police officers even admit that. Although DUI checkpoints don’t work, police departments hope that they prevent people from driving with alcohol or drugs in the first place.  The truth is that funding from grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.  It’s truly all about the money.

Contact us.

Contact us today.  Contact our Orange County DUI Defense Attorneys for questions about any Orange County DUI Checkpoint.

 

Orange County DUI Checkpoints August 25-26, 2017

Orange County DUI Checkpoints August 25-26, 2017

DUI Checkpoints in Orange County

As law enforcement prepares for the busy OC Labor Day weekend, DUI checkpoints are announced for the weekend of August 25th and 26th, 2017, for Orange County, California, in the cities of Tustin, Mission Viejo, and Anaheim.  The specific information on Orange County DUI Checkpoints August 18, 2017, are as follows:

Tustin DUI Checkpoint

The Tustin DUI Task Force of the Tustin Police Department will be conducting an Orange County DUI Checkpoint on August 25th, 2017, from the hours of 7 pm to 3 am.  While the exact location has not yet been announced, our Orange County DUI Lawyers have noticed a pattern – most prior DUI checkpoints have been on or near the Tustin Marketplace, near or around Jamboree Road, Irvine Boulevard,  or at Newport Boulevard between the 5 freeway and First Street.

Garden Grove DUI Checkpoint

The Garden Grove DUI Task Force of the Garden Grove Police Department will be conducting a DUI Checkpoint on August 25th, 2017, from the hours of 9 pm to 3 am.  Many in the past have been at or near Brookhurst Avenue. Our Orange County DUI Attorneys are available if you have more information about this Orange County DUI checkpoint.

La Habra DUI Checkpoint

The La Habra DUI division of the La Habra Police Department has scheduled a La Habra DUI checkpoint on August 25th, 2017, from the hours of 930 pm to 3 am.  The exact location has not yet been announced.

Laguna Beach DUI Checkpoint

On Saturday, August 26th, 2017,  the City of Laguna Beach, and the Laguna Beach Police Department, will hold a Laguna Beach DUI Checkpoint, from the hours of 9 pm to 3 am.  Laguna Beach has a high rate of DUI arrests and is very interested in deterring DUI cases in their city.

Are Orange County DUI Checkpoints Legal?

California courts have upheld DUI checkpoints as legal. DUI checkpoints are constitutional under the California Constitution because the California Supreme Court considers them administrative procedures, rather like airport security, and therefore an exception to the rule that a police officer must have probable cause to initiate a traffic stop.

Are the Orange County DUI Checkpoints August 25-26, 2017, effective?

The main case in California regarding the legality of sobriety checkpoints is Ingersoll v. Palmer.  The Ingersoll case sets out the following eight guidelines in order for the security checkpoint to be considered constitutional:

  1. More experienced supervisor police officers must make all decisions in the DUI checkpoint;
  2. The criteria for stopping motorists in a DUI checkpoint must be neutral, such as “every third car”, rather than be “I think that person looks guilty”;
  3. The DUI checkpoint must be reasonably located;
  4. Adequate safety precautions must be taken for every DUI Checkpoint;
  5. The DUI checkpoint time and duration should reflect good judgment;
  6. The checkpoint must exhibit sufficient indications that it is a police operation;
  7. Drivers should be detained a minimal amount of time during the DUI Checkpoint, and
  8. All DUI Checkpoints must be publicly announced in advance, which is why the police send police press releases regarding DUI checkpoints.  It’s a legal requirement.

If police fail to comply with these criteria when the DUI checkpoint is set up, then the DUI checkpoint can be challenged and could lead to any results of the DUI checkpoint being suppressed, which is one way how to dismiss a DUI case.

Contact us

Contact us

Contact us today if you have questions about any of the Orange County DUI Checkpoints August 25-26, 2017.  As among the best DUI lawyers in OC, we can help you if you or a loved one were arrested for DUI anywhere in Orange County.

 

Orange County DUI Checkpoints August 18, 2017

Orange County DUI Checkpoints August 18, 2017

Orange County DUI Checkpoints

DUI checkpoints are announced for the weekend of August 18, 2017, for Orange County, California, in the cities of Newport Beach, Mission Viejo, and Anaheim.  The specific information on Orange County DUI Checkpoints August 18, 2017, are as follows:

Newport Beach DUI Checkpoint

Newport Beach DUI Police

The Newport Beach DUI Task Force of the Newport Beach Police Department will be conducting an Orange County DUI Checkpoint on August 18, 2017, from the hours of 8 pm to 3 am.  While the exact location has not yet been announced, our Newport Beach DUI Lawyers have noticed a pattern – most prior DUI checkpoints have been on or near Jamboree Road, near Santa Barbara Avenue at Fashion Island, or at Dover Avenue and Pacific Coast Highway. Some in the past have been on PCH between Newport and Jamboree, on Finley at Newport Boulevard, or on the Balboa Peninsula.

Anaheim DUI Checkpoint

The Anaheim DUI Task Force of the Anaheim Police Department will be conducting a DUI Checkpoint on August 18, 2017, from the hours of 7 pm to 3 am.  It will be located on Lincoln Avenue, between Magnolia and Brookhurst Avenue. Our Anaheim DUI Attorneys are available if you have more information about this Orange County DUI checkpoint.

Mission Viejo DUI Checkpoint

The Orange County Sheriff’s DUI Task Force has a Mission Viejo DUI checkpoint on August 18, 2017, from the hours of 7 pm to 3 am.  The exact location has not yet been announced, most prior DUI checkpoints have been on or near Alicia, Oso, or Crown Valley.

Are Orange County DUI Checkpoints Legal?

California courts have upheld DUI checkpoints as legal. DUI checkpoints are constitutional under the California Constitution because the California Supreme Court considers them administrative procedures, rather like airport security, and therefore an exception to the rule that a police officer must have probable cause to initiate a traffic stop.

Are the Orange County DUI Checkpoints August 18, 2017, effective?

The main case in California regarding the legality of sobriety checkpoints is Ingersoll v. Palmer.  The Ingersoll case sets out the following eight guidelines in order for the security checkpoint to be considered constitutional:

  1. More experienced supervisor police officers must make all decisions in the DUI checkpoint;
  2. The criteria for stopping motorists in a DUI checkpoint must be neutral, such as “every third car”, rather than be “I think that person looks guilty”;
  3. The DUI checkpoint must be reasonably located;
  4. Adequate safety precautions must be taken for every DUI Checkpoint;
  5. The DUI checkpoint time and duration should reflect good judgment;
  6. The checkpoint must exhibit sufficient indications that it is a police operation;
  7. Drivers should be detained a minimal amount of time during the DUI Checkpoint, and
  8. All DUI Checkpoints must be publicly announced in advance, which is why the police send police press releases regarding DUI checkpoints.  It’s a legal requirement.

If police fail to comply with these criteria when the DUI checkpoint is set up, then the DUI checkpoint can be challenged and could lead to any results of the DUI checkpoint being suppressed, which is one way how to dismiss a DUI case.

Contact us

Contact us

Contact us today if you have questions about any of the Orange County DUI Checkpoints August 18, 2017.  As among the best DUI lawyers in OC, we can help you if you or a loved one were arrested for DUI anywhere in Orange County.

 

Orange County DUI Checkpoints 7/29/17

Orange County DUI Checkpoints 7/29/17

Orange County DUI Checkpoints

These are the Orange County DUI Checkpoints 7/29/17, and for the whole weekend.  There were checkpoints announced in the  cities of Westminster, Anaheim, and Laguna Niguel

Westminster DUI Checkpoint

The California Highway Patrol (CHP), Westminster Area, have announced via an Orange County DUI checkpoint press release that they will conduct a driving under the influence (DUI) and driver license checkpoint on July 29, 2017, within an unincorporated area of Orange County.

Our Westminster DUI lawyers know that means that it will not actually be in the City of Westminster, but likely closer to the unincorporated areas near Huntington Beach. Check out our Huntington Beach DUI information and Westminster DUI Information pages for updated information on DUI cases in those cities.

Anaheim DUI Checkpoint

Our Anaheim DUI Attorneys have learned that there is a DUI Checkpoint in Anaheim, as announced by the City of Anaheim and their DUI Enforcement efforts.

The Anaheim Police Department  Traffic Unit will be conducting a DUI/Drivers’ License Checkpoint tomorrow night, July 28, 2017, on Brookhurst St north of Ball Rd between the hours of 8:00 P.M. and 3:00 A.M. 

Laguna Niguel DUI Checkpoint

There is a DUI Checkpoint in Laguna Niguel announced by the Orange County Sheriff’s DUI Enforcement Team.  The OC Sheriff’s Department intends to hold a DUI Checkpoint and Suspended Driver’s License Checkpoint this weekend to stop and arrest alcohol and driving under the influence of drugs (DUID) drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held at 7 p.m. on Friday, July 28, 2017, to 3 a.m. Saturday, July 29, 2017.  Check our Laguna Niguel DUI information page for information on how Laguna Niguel DUI cases are handled.

Why are there DUI checkpoints in Orange County?

Although repeated studies have shown not only that DUI checkpoints do not work, they are substantially less effective at ridding the road of drunk drivers than saturation patrols are. However, since both the Federal government (through NHTSA) and the California Office of Traffic Safety (OTS) give substantial funding to pay officer overtime for DUI checkpoints, and not to saturation patrols, and also because of contributions and pressure from MADD, (and in addition, previously because seizure of cars not involved in DUI meant thousands of dollars for police agencies, as shared with police impound lots), DUI checkpoints will continue, including the Orange County DUI Checkpoints 7/29/17, no matter how ineffective they are statistically proven to be.

Are DUI Checkpoints legal in California?

Yes.  California DUI case law, including the Ingersoll case in California, make them legal, as long as certain guidelines are adhered to. Hopefully, the Orange County DUI Checkpoints 7/29/17 will be in compliance.

Contact us for DUI checkpoint questions.

We can challenge DUI checkpoints in Orange County that do not meet the requirements of California law.  Contact us today for help.

 

DUI Saturation Patrols in Dana Point and San Clemente June 30, 2017

DUI Saturation Patrols in Dana Point and San Clemente June 30, 2017

DUI Checkpoints Orange County

Our Orange County DUI Lawyers have been informed that deputies from the Orange County Sheriff’s Department’s DUI Enforcement Team will be deploying this weekend to stop and arrest alcohol and drug-impaired drivers in an ongoing traffic safety campaign.

DUI Saturation Patrols will deploy from 7 p.m. Friday, June 30th, to 3:00 a.m. Saturday, July 1st in areas with high frequencies of DUI collisions and/or arrests in the cities of San Clemente and Dana Point.

DUI Checkpoints in Newport Beach: In Newport Beach,  the Newport Beach Police Department will be deploying this weekend to stop and arrest alcohol- and drug-impaired drivers. Newport Beach DUI Saturation Patrols will deploy Friday through Monday (June 30 through July 3) between the hours of 6:00 p.m. and 3:00 a.m. in areas with high frequencies of DUI collisions and/or arrests. When possible, specially-trained officers will be available to evaluate those suspected of drug-impaired driving, which now accounts for a growing number of impaired driving crashes.

What is a Saturation Patrol?

A Saturation Patrol is special enforcement where trained officers, with DUI testing equipment, drive around high potential areas for DUI arrests in Orange County, looking for traffic violations that might indicate someone is drunk driving.

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, including the Ingersoll v. Rand decision, 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.

Don’t delay contacting us if you were arrested for a 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.

Orange County DUI Checkpoints May 27, 2017

Orange County DUI Checkpoints May 27, 2017

DUI Checkpoints in Orange County

It’s Memorial Day weekend!  And the Orange County DUI Checkpoints scheduled for May 27, 2017 include DUI saturation patrols in Newport Beach, a DUI Checkpoint in Irvine, and a DUI Checkpoint in Santa Ana.

Irvine DUI Checkpoint

May 27th will be the date for an Irvine DUI Checkpoint within the City of Irvine.  It will last from 8pm to 2 in the morning.  It’s located on Culver Drive, at Barranca in Irvine.

Santa Ana DUI Checkpoint

The DUI checkpoint in Santa Ana scheduled for May 27th will be from 9:30 p.m. to 2:30 p.m..  It’s located on Fifth Street, between Bristol, and Fairview, in the City of Santa Ana.  This is an unusual location for Santa Ana DUI checkpoints

Newport Beach DUI Saturation Patrols

DUI saturation patrols will take place from 4pm to 3am on May 27th, May 28th, and May 29th, all over the City of Newport Beach.  Saturation Patrols are where trained officers drive, looking for driving patterns, and traffic violations that might indicate that someone is driving under the influence.

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.

Don’t delay contacting us if you were arrested for a 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.

Laguna Beach Police Breath Testing in Bars

Laguna Beach Police Breath Testing in Bars

Laguna Beach Police Breath Testing in Bars

Laguna Beach Police Breath Testing in Bars to warn patrons against making the mistake of driving under the influence (DUI)in Orange County.  As we have covered before , the Huntington Beach Police have had a series of operations, where they go into bars in that city, and breath test patrons. 

Laguna Beach DUI Patrol officers are also getting involved, making quite an entrance with a similar program, as they are asking people in bars and restaurants throughout Laguna Beach stole to provide breath samples, before being asked if they drove there and are driving home.

This more aggressive tactic, which has the stated goal of reducing the number of inebriated motorists focuses on education by letting customers know how the number of alcoholic drinks affects their blood alcohol concentration (BAC), said the Laguna Beach Police in a press release

Officers from the Laguna Beach Police Department obtained breath samples from 66 patrons, dining or drinking at eight different establishments in Laguna, during one three-hour “Know Your Limit” campaign.

Laguna Beach partnered with the California Office of Traffic Safety, which provides substantial funding for DUI checkpoints throughout the state, and held its first exercise with bar patrons after consulting with the Huntington Beach police.

Program Aims to Reduce Laguna Beach DUI  

Local officers visited local bars and restaurants, beginning with Hennessy’s Tavern and The Marine Room on Ocean Avenue in downtown Laguna Beach.

Officers in uniform tried to make it clear to patrons that they were there to educate them, not ticket them. Still, patrons seem to be nervous, newspaper reports stated.

One of the officers testing that night, explained how residual mouth alcohol can stay in a person’s mouth, even following one sip. It’s better to test 15 minutes after the person’s last drink, he said.

He said that mouthwash can also boost a person’s BAC because it contains alcohol. Lee said that some people get pulled over, swig mouthwash, and it shoots their BAC reading higher than it is.

The Los Angeles Times reported in their article that a person can be charged with DUI if they are driving under the influence of drugs (DUID) or other medications with or without alcohol, which affects their ability to drive safely.

Those who participated in the breath testing received a $20 gift card for Uber if they were above the legal limit. Uber helped sponsor the program to have Laguna Beach Police Breath Testing in Bars.

After officers visited eight restaurants, two of the officers that were involved in the Know Your Limit operation conducted a DUI patrol that had already been scheduled for that evening and arrested two drivers for an Orange County DUI.  Laguna Beach is known for having a very high arrest rate for DUI cases in Orange County.

If you need a consultation with an Orange County DUI Lawyer, contact our firm.  We are happy to help you and offer advice on your case.

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