Texting is more Dangerous than DUI.


    Robert L. Miller and Associates is a law firm dedicated to clients. We have handled thousands of cases, and have winning results. Learn more about our firm and why it’s the best choice.

    Read more


    DUI Dismissals and Case Results
    See some of the many cases we have won at trial or through motions, negotiations, or strategy. Learn why we are so successful in protecting clients

    Read more


    If you have been arrested, don’t delay. You have only 10 days to save your license. Contact us today for a FREE consultation, and find out about all of your options, and all of your rights, and how to protect yourself.

    Read more

Category Archives: Orange County DUI Punishment

Texting is more Dangerous than DUI.

Texting is more Dangerous than DUI.  But the punishment is way different.

Texting is more dangerous than DUITexting is more dangerous than DUI.  More teens die annually from texting while driving than for driving under the influence of alcohol, according to a study by Cohen Children’s Medical Center in New Hyde Park. And more accidents occur from texting than DUI, making texting more dangerous than DUI.

Dr. Andrew Adesman, Chief Developmental and Behavioral Pediatrics, Cohen Children’s Medical Center the chief author of the study, found that laws against texting while driving are not effective. Fifty-seven percent of boys said they text while driving in states with texting laws, and 59 percent  said they text while driving in states that don’t have texting laws, according to the study.

So, while texting and driving has now surpassed drinking and driving as the leading cause of death among teens, you would expect the punishment to be higher than for DUI, right?

Not here in California.  It is fairly well publicized that a first DUI can cost 16,000, and even more for those under 21, or for those with priors or accidents. But texting, no matter what the consequences, carries a fairly low $300 standard fine here in California.

In Central California, A 20-year-old woman who was texting while driving caused major and fatal injuries to a group of teens was sentenced this past Wednesday.

Mia Sara Aguiar received five years’ probation, a 30-day jail term that may be served through a work program and 400 hours of community service after pleading no contest in a plea deal to one felony count of vehicular manslaughter with an enhancement of causing injury to multiple victims.

Aguiar was driving westbound on Highway 120 at speeds reaching 65 mph in a 45 mph zone near Comconext Road on April 16, when she drifted onto the shoulder while either texting or reaching for her cell phone after 1 a.m.

She struck four teenagers walking along the shoulder after they left the same party Aguiar had attended. Zachariah Gomez, 14, died and the three others were severely injured.

DUI Attorney Lawrence Taylor has said that this inherent bias, which he calls the “DUI exception to the constitution”, is a remnant from prohibition.  Texting is seen as “less bad” because it doesn’t have the stigma of alcohol consumption.  As an Orange County DUI Lawyer, I can only agree.

Orange County DUI Checkpoint Report: Huntington Beach, March, 2015

Orange County DUI Checkpoint Report: Huntington Beach, March, 2015

DUI Checkpoints OC

Orange County DUI Checkpoint Report: Huntington Beach, March, 2015: Our Orange County DUI Lawyer Robert Miller has learned that the Huntington Beach Police arrested six people and cited 22 additional drivers during Friday’s DUI/Drivers license checkpoint on Pacific Coast Highway.

Police said more than 2,400 vehicles passed through the Huntington Beach DUI checkpoint between 7:45 p.m. and 2:15 a.m., and of the 2,400 vehicles, 942 vehicles were screened.

Five people were arrested on suspicion of either driving under the influence of alcohol, drug, and/ or medical prescriptions.

That is an arrest rate of 0.02, proving, once again, the ineffective nature of DUI checkpoints on removing drunk drivers off the street.

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.
Our Mission: "To deliver outstanding client service, to provide fulfilling careers and professional satisfaction for our people, and to achieve financial success so that we can reward ourselves, grow, and give back to the community."