Garden Grove DUI Checkpoints and Enforcement to Rise

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Tag Archives: California

Garden Grove DUI Checkpoints and Enforcement to Rise

Garden Grove DUI Checkpoints and Enforcement are Rising

Our Orange County DUI Lawyers have news from local Garden Grove law enforcement. Garden Grove DUI Checkpoints and Enforcement are Rising in 2016.

The Garden Grove Police Department is receiving a grant of $259,000 from California this fiscal year to beef-up driving under the influence enforcement.

The grant comes from the state’s Office of Traffic Safety and will allow Garden Grove to afford the costs of DUI checkpoints in Garden Grove, to stop people from driving under the influence of drugs or alcohol.

Certain police officers will also receive training in how to check people for sobriety. That means more Orange County DUI Checkpoints coming up this year and in 2016.

Are Orange County 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 Orange County DUI arrests and other detentions often result in citizens being slapped with minor 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. Our Orange County DUI Attorneys have been vocal critics of DUI Checkpoints in Orange County.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law:

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

 

Certain requirements for “Constitutional” checkpoints do apply, though.  Under California DUI case law, the Ingersoll case applies, which states:

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 an Orange County DUI checkpoint 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.

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.

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.

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 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.

California seeks new technology to detect those that are “DUID”

California seeks new technology to detect those that are “DUID”

Drug DUI Cases

A proposed new law in California, Assembly Bill 1356, voted on this month in Sacramento, seeks to allow police officers to use a swab of saliva to detect drugs in a driver’s system, to catch persons that are “Driving Under the Influence of Drugs” (DUID).

AB 1356 has some doubters, however. DUI defense attorneys have voiced concerns over how the test results from the device may be viewed in terms of evidentiary value and the final determination of someone’s blood level of intoxication.

The author of the bill, Lackey, a former police officer, called those issues “premature,” and said he believes the science behind the technology is strong. But he also stressed that the device is only going to be used as a screening tool, so officers can make a more reasonable assessment of a person they’ve stopped.

“The technology is not setting new limits for drug intoxication,” he said.

California seeks new technology to detect those that are “DUID” and NORML is neutral.

California National Organization for the Reform of Marijuana Laws (Cal NORML), stands neutral on the bill. But Dale Gieringer, director of the nonprofit group, pointed out that while oral swabs are “roughly as sensitive” as blood tests for detecting use, there’s a lack of scientific data on the accuracy of the tests being proposed for use by cops in California.

NORMAL-logo

NORMAL opposes the DUI Detection Bill

Gieringer told Government Technology that oral swab testing doesn’t measure actual impairment, but rather past use by a person. That could lead to motorists who are medical marijuana users coming up positive without actually being impaired.

Lackey hosted a demonstration of the DDS 2 device on April 20. A medical marijuana patient volunteered for the test and came up positive, at which point, Gieringer said Lackey noted the person would have likely been arrested for DUI had he or she previously been arrested for bad driving and taken a field sobriety test.

“We do not object to oral swab testing being used in such cases, so long as it’s understood they don’t constitute legal proof of impairment, just evidence of recent use,” Gieringer said. “We would strongly object if California police started administering oral swab tests at random road blocks or for minor nondriving-related offenses like expired plates or a busted tail light.” One problem with this bill is financing the cost. This technology, being relatively new, is not cheap, and there is no mechanism for funding it in the bill that is proposed.

Lackey wasn’t overly concerned with the issue, however. He said he was focused on getting the bill “accepted and authorized.” He added that federal grants and partnering with other agencies interested in traffic safety could be potential ways departments could come up with the money needed to get the technology in the hands of officers.

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 Checkpoints Memorial Day 2015 edition

Orange County DUI Checkpoints Memorial Day 2015 edition

Here’s the DUI checkpoint information for this weekend.

Laguna Beach, California is having a DUI/Drivers License Checkpoint set for Sunday, May 24th, from 8:00 p.m. to 3:00 a.m., and roving DUI Saturation Patrols all over the city on Friday, May 22nd, from 9:00 p.m. to 3:00 a.m..

The Santa Ana, California Police Department will be conducting a DUI/Drivers License checkpoint on Friday, May 22nd, 2015. It will begin at 9:00PM and is scheduled to conclude at 3:00AM. It will be conducted in the area of 1400 S. Bristol Street, Santa Ana, CA.

Police in Irvine, California will be holding an Irvine DUI Checkpoint on Saturday, May 23, 2015 within that city, on northbound Jeffrey Road at Irvine Center Drive.

The Anaheim, California City Police will be conducting a Memorial Day weekend of anti-DUI enforcement, beginning with a checkpoint from 8 tonight through 3 a.m. Saturday. at Lincoln Avenue at Anaheim Boulevard, along with DUI Saturation Patrols throughout the weekend.

Also, tonight in Tustin, California, there will be a DUI checkpoint at an undisclosed location.

The Orange County Sheriff’s Department, CA has also announced that there will be DUI Saturation Patrols in Rancho Santa Margarita, California,Lake Forest, California, and in Mission Viejo on Saturday May 23 and Sunday May 24, 2015.

That’s the Orange County DUI Checkpoints Memorial Day 2015 edition summary, but more may be coming as Memorial Day weekend patrols and checkpoints are finalized. And of course, stay safe.

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.

Orange County DUI Checkpoints: Cinco de Mayo edition

Orange County DUI Checkpoints: Cinco de Mayo edition

Our Orange County DUI lawyers have learned from law enforcement about tonight’s DUI enforcement activities.  The cities of Garden Grove, Tustin, Laguna Beach, and Newport Beach all have police officers assigned to heavy saturation patrols, from 6pm tonight to 3am tomorrow morning.

DUI Saturation Patrols involve having officers specially trained in DUI testing and detection patrol their respective cities, specifically looking for those persons that may be driving under the influence.  Statistics show that, when measured by DUI arrests, that DUI saturation patrols are much, much more effective than DUI checkpoints, which generally have a very low arrest rate.  For various political reasons, DUI checkpoints are heavily funded, and saturation patrols are not, which is why there are many more DUI checkpoints than patrols.

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 if you have a DUI.

Don’t delay contacting us if you need help 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.