DUI on a motorcycle alleged in Huntington Beach

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Tag Archives: huntington beach dui

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: 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.

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.