A win for a DUI client at the DMV

  • ABOUT OUR FIRM

    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

  • CASE RESULTS

    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

  • CONTACT US NOW...

    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

Tag Archives: DUI

A win for a DUI client at the DMV

dmv win dui

Case study: How to win the DMV in a DUI case.

We had a win for a DUI client at the DMV, and our law firm is proud to announce we won another client her license back.  A DMV “Set Aside” is what the DMV calls a dismissal of the action pending against a driver’s license.

An actress, who is busy with roles in Los Angeles, called us the morning she was involved in an accident.  The police took her to the hospital, where her blood was drawn.   She was left at the hospital to be rendered care, but she did admit to taking several substances, prescribed medications, that could have put her under the influence.

The  police gave her a citation for driving under the influence/DUI, and marked it as a detention only, meaning that she was cited, and that it was up to the prosecutor’s office whether or not there was a case filed, and if so, what the court date would be.  As of today’s date, there are no Los Angeles DUI charges pending against her.

DMV and a DUITo make things more complicated, the actress and client had an out of state license.  A DMV hearing was promptly requested, and we noted that the licensee had never been served the temporary license.

The DMV took steps to correct that by serving a new temporary license, and notice, via registered mail, giving the licensee a new 14 day time period to request a hearing, and we again scheduled a new hearing.

The DMV sent discovery, or a copy of the police reports, which our law firm reviewed thoroughly, line by line.  When the blood testing came in, we noted the presence of several substances, or more specifically, the metabolites, showing absorption and metabolism of specific categories of substances, that were illegal to drive under.  The law prohibits and makes illegal entire categories of substances in your system if you are operating a motor vehicle.

DUI California DMV

The DMV, however, has strict laws that they have to adhere to as well.  One of those rules require that there be a finding, with admissible evidence, of each of the issues at the hearing.

In turn, one of those issues is whether or not the person was driving with above a .08% blood alcohol level.  When we located and presented the hospital blood test, which was not included from the DMV, it was shown to the DMV hearing officer.

As a result, the DMV hearing officer agreed with our position, and our client’s license suspension hearing was canceled, or set aside, and her license was returned to her, and her driving privileges were not affected. That won the DMV case, to the satisfaction of the client, who got her license back and all driving privileges reinstated.

Contact us.

Contact us

Contact us today. If you have questions about a DMV hearing from a DUI, call our firm anytime at (877) 568-2977, or use our contact the firm page.

 

Pilot Licenses and a DUI: What to do with the FAA and your Airman’s Certificate

Pilot Licenses and a DUI:  What to do with the FAA and your Airman’s Certificate

DUI and Pilots

Pilot Licenses and DUI. You are a pilot.  You depend on your FAA Airman’s Certificate and License, and your Medical Certification, for your career.  And you know the FAA takes DUI cases seriously. If you get a DUI as a pilot, what do you need to do?  This article discusses Pilot Licenses and a DUI:  What to do with the FAA and your Airman’s Certificate.

Pilot Licenses and a DUI – Planning Ahead

Logic tells you that the best course of action is to plan ahead.  Using taxis, ride sharing services like Uber or Lyft, or the kidness of friends, avoids you driving without any substances in your system and avoids the problem Pilot Licenses and DUI from the beginning.

After their arrest, many pilots try to explain to the FAA the circumstances around their DUI event, and mention that they did not think they drank that much or how close they got pulled over to their home, or how much they needed to drive that night as a matter of necessity.

None of that matters to the FAA.

Pilot Licenses and a DUI – if arrested

The next thing to understand is to not refuse a breathalyzer test when the officer requests you to perform one. That is a “refusal” under California law, and in legal terminology the FAA views that as equivalent to a DUI, no matter whether or not you were truly impaired or over the legal limit.  With a California Driver’s License, you can suffer a one year hard suspension of your driving privileges if you refuse, and that action alone for holders of Pilot Licenses and DUI convictions can cause the FAA can pull your certificate, or take other actions, if you refuse.

Note that you must report to the FAA DMV actions or DUI arrest on the medical certification application in section 18(v) when you are arrested, not just when you are convicted. 

Pilot Licenses and a DUI – if convicted

There are two things, as a pilot, that you also need to do when you are convicted of a DUI. Federal Aviation Regulation 61.15(e) states that when an airman is convicted of an action involving alcohol or drugs, a report must be made to the FAA Civil Aviation Security Division not later than 60 days after the motor vehicle action. Pilot Licenses and DUI are a growing problem, so there is an <http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/> online form that you can download and submit to the security division: Online Airmen DUI Report.  (Under 14 CFR 61.15, all pilots must send a Notification Letter (MS Word) to the FAA Security and Investigations Division, within 60 calendar days of the effective date of an alcohol-related conviction or administrative action.)

Pilot Licenses and a DUI – if you miss the deadline

Failure to send a Notification Letter within 60 days to FAA’s Security & Investigations Division is grounds for:

  • Denial of an application for any certificate, rating, or authorization issued under this regulation for up to one year after the date of the motor vehicle action
  • Suspension or revocation of any certificate, rating, or authorization issued under this regulation

Pilot Licenses and a DUI – your medical certification

The other reporting requirement is Item 18(v) on your next FAA medical application. The application requires that the applicant must report any arrests, or convictions, or administrative actions relating to operating a motor vehicle under the influence of alcohol or drugs.

Please note that even if your DUI lawyer has the case dismissed, or the charges are reduced to anything below a DUI,  that result is still not an excuse not to report, as the arrest itself triggers mandatory reporting for Pilot Licenses and DUI! If you were pulled over, requested to perform a field sobriety test, and/or asked to perform a breathalyzer, that is reportable in the affirmative on the application, by itself.

Your FAA medical certificate is handled separately for Pilot Licenses and DUI, as alcohol abuse is treated as a potential physical or psychological issue.  The FAA medical personnel will then require your AME to obtain the arresting officer’s report, in addition to copies of the court records of your hearing.

Pilot Licenses and a DUI – high alcohol levels

If your breathalyzer results are equal to or greater than 0.15 percent, you will need to provide a substance abuse evaluation. That will require you to locate a licensed counselor in substance abuse/dependence, or a psychologist or psychiatrist who has extra training in addiction medicine, and be evaluated. Depending on the results of the evaluation, you may be required to provide even more extensive (and expensive) evaluations. If your breathalyzer is less than the 0.15 percent, then you may not need to do nothing else.

Pilot Licenses and a DUI – a personal statement

The FAA often also requests that you submit a “personal statement” surrounding the events leading up to the traffic stop and DUI arrest, including comments about your past and current alcohol/drug use. My personal advice is to be honest in the letter. Do not be confrontational, and it is in your best interests to stick to the facts, be truthful and honest, and remorseful if anything.

In all of these circumstances, the FAA medical records office maintains a record of how many DUIs you collect. Two DUI events within a three-year period will result in the requirement for an evaluation by an addiction trained psychologist or psychiatrist. Three DUIs in a lifetime is considered by the FAA to be a possible sign of alcohol dependence and will result in a denial of your medical application. In order to attempt to regain your medical certificate after that event, you will be required to obtain:

  • psychological and psychiatric evaluations by addiction trained specialists who are familiar with FAA policies;
  • a certified true copy of all the driving records in states you hold licenses in; and
  • a typed letter from yourself concerning your alcohol- or drug-use habits.

Pilot Licenses and a DUI – where to send information

The Address to Send Notification Letters to:

Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to: (405) 954-4989

The FAA Form 8500-8 “Application for Airmen Medical” contains an express consent provision which authorizes the National Driver Register (NDR) to release information about your driving record to FAA. Information on the NDR record will contain pointers to states that keep a driving history on you. The FAA will obtain applicable records to determine if you have a reportable alcohol-related MVA.The National Driver’s Registration (NDR) also reveals all alcohol related arrests and convictions to the FAA via authorization from the medical application. You should expect that the FAA will be notified of your arrest within a week.

The consequences vary from being placed on probation to termination or revocation of your Pilot Licenses and DUI punishment in addition. Failing to disclose can exacerbate the problem and cause more serious and more recent disciplinary results to Pilot Licenses and DUI action against driver’s licenses.

Pilot Licenses and a DUI – International Travel

International Travel and DUI

A conviction can also cause problems entering certain countries, most notably Canada.  That country, and certain others, often deny access to visitors with DUI convictions. This would be especially difficult for commercial pilots, who are required to travel to many foreign countries as part of their employment.

Pilot Licenses and a DUI – we can help

Our office has represented many pilots in the past, and as someone that held an FAA Private Pilots License, I am especially sympathetic and helpful towards those with an Airmen’s Certificate.  Pilot Licenses and DUI take special handling. We can help you and keep you flying.

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 license later. Contact us today.

 

Is a DUI expunged automatically after 10 years?

Is a DUI expunged automatically after 10 years?

Criminal Conviction for DUI
Our Orange County DUI Lawyers received the following question about whether or not after 10 years, a DUI expunged automatically:

Q.  My last DUI was 15 yrs ago. The court did not revoke my license, but the DMV did & in order to get my license back, the DMV required I enroll in & complete the 18-month multiple offender program & get an SR-22. I was eligible for a RESTRICTED license allowing me to drive to & from work & school, etc., provided I was enrolled in & in good standing with the 18-month program. I did get started on the program but 4 months in, I was distracted by personal matters & took a leave of absence & never went back. I did not apply for the restricted license during those 4 months.

I just learned California expunges DUI convictions after 10 years but understand this has nothing to do with the DMV decision. Is there also a time frame when the conditions set forth by the DMV to get my license also go away?
Answer:  Unfortunately, this is a common misunderstanding – that there is an automatic expungement of a DUI conviction after 10 years. While a DUI cannot be used as a prior once 10 years have passed, that does not mean that it disappears from a criminal record – in fact, if you ran a criminal record, you will find it is still there, and would be there for life until you do an expungement.
A DMV driver’s record shows all actions, for life, like criminal records. Unlike a criminal conviction, the driving record does not have a procedure for expungement – the DMV requires that you follow their procedures to get a license back, no matter how much time has passed, to get whatever you need done and your license reinstated.
The alternative is to give up driving privileges in California, and have a license issued in another state, for which California can issue a waiver of any driving privileges, or any license hold that might cause you a problem in another state.
DMV Information and Penalties for a DUI
Questions about a DUI expungement?  Contact our firm and our Orange County DUI Expert, Robert Miller for advice today.

DUI Arrest Warrants in Orange County

DUI Arrest Warrants in Orange County

DUI Arrest warrants

DUI arrest warrants in Orange County, like many types of warrants in California, can happen for a variety of reasons.

The most important thing to know is this: Take care of any warrants as soon as possible.  A warrant is a priority situation that you will want to take care of right away. With a warrant, you can be arrested anywhere, and anytime, and the arrest can be justified.  You could technically be arrested at work, at home, or anywhere, as long as there is a warrant.

If you had an Orange County DUI case, but didn’t show up for your court date, or didn’t comply with some part of your sentence or missed a court deadline, you might have a warrant for your arrest, and not even know it.

You can check Orange County DUI arrest warrants at the following website, run by the Orange County Sheriff’s Department.  It is anonymous, and doesn’t send information to law enforcement:

Orange County Arrest Warrant Search

 

Police are Enforcing DUI Arrest Warrants in Orange County

Every so often, the Orange County Sheriff’s Department DUI Task Force goes into action to clear up all outstanding arrest warrants at once. The local newspaper (the OC Register), had a story on the DUI task force going after Orange County DUI offenders on December, 14, 2015, as a coordinated effort all over the county. As the story stated:

OCSD Deputies attempted service on 36 warrants. Nine offenders were arrested who either failed to show up for a court date or violated terms of their probation in an outstanding DUI case. Another six turned themselves in following the attempted warrant service, after receiving a notice that they were visited by the Orange County Sheriff’s Department and that there was a warrant for their arrest.

“The best bet for anyone with a missed DUI court date is go to court on their own now,” says OC Deputy Manuel Cruz. “If you don’t, that warrant isn’t going away. We’re going to come find you and take you to jail.”

Orange County DUI arrest warrants can mean increased punishment for missing the deadline set by the court.  If caught, you can face fines, community service, a work program, or even jail time for failing to appear in court. When family, friends, and co-workers find out, you can face personal embarrassment as they you are led away in handcuffs, as well as missing work while sitting in jail.

Again, when there is any kind of DUI warrant, you can be arrested at any place, at any time.  Even if you are jaywalking and the police pull your record, you can be arrested and held until you see a judge.

Contact us.  Our Orange County DUI defense lawyers can clear up a warrant in 24 hours for you. If you find you have a warrant, or if you have been sent a notice from Orange County Superior Court indicating that you have a warrant for your arrest, let us help fix that for you.  Use the Contact Us form to send us your details and to get started immediately.

 

DUI blood tests – the gas chromatograph

A gas chromatograph machine is what is used to test for alcohol in DUI cases where there is a blood test taken.

gas chromatograph dui blood testing

The word “chromatograph” sounds like a mouthful, but it comes from the greek words Chromato, meaning color, and graphy, meaning representation.

Chromatographs are the visual representation of the raw gas chromatograph (GC) data which is in itself inaccessible for use in determining the outcomes of the analyses. The software employed by the analytical equipment takes the raw data and make it possible to visualize the peaks, their area and height and relationship to other peaks in the samples in the form of a chromatogram. X and Y axis give the dimensions for time and response. The Forensic toxicologist is reviewing the chromatograms to report the ID of observed peaks and relative amount of the compounds peaks IDd in each samples chromatogram. The types of chromatograms that are required for every analytical run are as follows: QC, Test mixtures, Method Blanks, Matrix Blanks, absolute/solvent/gas blanks and washes. Not to mention the chromatograms associated with the development of the standard curve and calibrations used in the calculation of the AMOUNT of ethanol over a range ~ca from zero to over 0.5% . Furthermore- you must have the “batch sequence list”- the list of all samples run in that batch showing their sequence, timing and intervals for each type of NAMED injection relative to your clients sample.

QC: quality control: measures the ability of the analytical equipment to do its job to defined qualifications of sensitivity, accuracy and precision. Usually is chromatograms showing the ability of the analytical equipment (GC) to resolve known reference standards of defined amounts of Ethanol over 6 or more injections with +/- a defined value of certainty. Usually a low, 0.8 and high amount of ethanol reference standard is run at the beginning and end of each batch run.

TEST MIXTURES: Chromatography demonstrating the ability of the analytical equipment to baseline resolve each component of a complex mixture of similar compounds to those being tested in suspect samples. Used to demonstrate the ability for complete separation of known compounds, measured against their expected retention time and peak height/area under defined operational parameters. Is the machine is unable to meet the defined resolution, separation and peak heights of a mixture of known compounds, it cannot be used for analysis of unknowns.

METHOD BLANK Chromatogram: When the internal standard “IS” (usually propanol- n- or 2-) is added or “spiked” into a sample and analyzed by GC- used to demonstrate the IS is clean and free of contamination, elutes as a single baseline resolved peaks at its predicted retention time and that it does NOT interfere with the peak of the interest (ethanol).

MATRIX Blanks: using a qualified source of the matrix ( fluid) from which suspect samples are extracted (in this case blood), this known blood matrix is also spiked with the same IS in the SAME concentration to show that the matrix – blood- does NOT affect the peak retention time, peak height or area nor produce any additional peaks in the chromatogram. We mass spectrometrists usually refer to this as checking for “matrix effects”- a very well documented phenomena whereby the same compound in water/solvent behaves differently when in a “Matrix”- thus indicating there are influences of the matrix on the value of that IS in a regular Method Blank to be used as a measurand for accurate reporting of ID or amount of the unknowns.

ABSOLUTE/TRUE BLANK chromatograms: injection of either the carrier gas, methanol or nothing to show that between the sample vial and the detector there is nothing that would contribute to peaks or bumps in a chromatogram that may interfere with the analysis. Demonstrates the analytical equipment is free of any contamination from injector to detector including the column, syringe needle, spepta etc…

Chromatograms of WASHES: performed at intervals within an analytical run as per the defined frequency by that labs accreditation body. Usually it’s every 8-10 injections: used to show lack of contamination and carryover of compounds from one sample to the next when running many suspect samples sequentially in a “batch Run”. A wash is best performed as a methanol or solvent only injection- many labs however include the IS in their “washes” to show the IS peak retention time and height of the IS is consistent throughout the batch run. The inclusion of the IS peaks in this wash chromatogram however can mask or co-elute with any carryover contamination peak(s) and thus is not the best choice as a true wash.

Thus each chromatogram contains the information necessary to determine all the original intent of the analysis: peaks representing each compound found in the samples, the relative amount of each peaks contents, the time at which each peak is present in the timed sample run which can be equilibrated against other peaks to determine identity, and if the analytical equipment is capable of separation of compounds in BOTH a test mixture and of real samples which-biological in origin ( i.e., blood) are the most complicated. Chromatograms are the very essence of what is produced when blood samples are analyzed by GC. If the chromatogram is not present for an analyst to review, there can be no determination of the presence and amount of BA nor the certainty the analytical equipment is capable of such determinations.

For questions, see our Orange County DUI Survival Guide.

Diet soda and alcohol results in a higher blood alcohol level

When you have a jack and diet coke, you save calories, but did you know that you could end up with a higher alcohol level with diet soda and alcohol, than with non-diet versions of soda?

download (1)

It has been known since at least 2002 that alcohol levels raise higher, controlling for all other variables, when a drink contains artificial sweeteners, as compared with drinks with or without sugar.  That has been confirmed in peer reviewed studies in 2012 and 2013.

The most recent research paper on the subject tested the effect using differing doses, and to find any differences tween genders.  (Drug Alcohol Depend. 2015 Dec 1;157:197-9. doi: 10.1016/j.drugalcdep.2015.10.015. Epub 2015 Oct 23.)

download

Consumption of food with alcohol before or during drinking is an important factor that will decrease peak breath alcohol concentrations (BrAC).  With the  evidence showing that mixing alcohol with diet beverages results in higher BrAC when compared with mixing the same amount of alcohol with sweetened beverages, the purpose of the more recent study was to examine the phenomenon using two different moderate alcohol doses.

The testing method was simple: Twenty study participants, 10 of which were males, and 10 females, attended five sessions where they received 1 of 5 doses (0.91 ml/kg vodka + 3.64 ml/kg of diet soda, 0.91 ml/kg vodka + 3.64 of regular soda, 1.82 ml/kg vodka + 7.28 ml/kg diet soda, 1.82 ml/kg vodka + 7.28 ml/kg regular soda, and a placebo beverage).

BrAC was recorded repeatedly up to 180 min after dose administration, and the results were that participants had significantly higher BrAC when the mixer was diet as compared to regular for both alcohol dose conditions. No gender differences were observed.

When you have a night out drinking, be aware of the fact that mixing alcohol with diet beverages can result in higher alcohol levels when compared to the same amount of alcohol administered with a similar sweetened beverage.  The study noted that most individuals were unaware of these differences, which is a risk that could put people above the legal limit without knowing it.

If you find yourself facing a DUI, then please call our firm, toll free, at (877) 942-3090, anytime.  We are here to help.

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.

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.

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.