Orange County DUI Checkpoints May 4-5, 2018

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Tag Archives: Orange County DUI checkpoint locations

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints tonight
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.Orange County DUI Checkpoints May 4-5, 2018.  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.”

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

Newport Beach DUI Checkpoint Saturation Patrols

One of the Orange County DUI Checkpoints is actually saturatio patrol activity — the Newport Beach Police DUI Saturation Patrols are scheduled on both May 4, 2018, and May 5, 2018, from 6 pm to 3 am within the City of Newport Beach. In the past, DUI checkpoints in Newport Beach have been on Santa Barbara Avenue near Fashion Island, or near MacArthur or Jamboree and Pacific Coast Highway, or leaving the Balboa Peninsula on  Newport Boulevard.  The police announced Saturation Patrols in Newport Beach, which are specially trained and equipped officers out looking for drunk drivers.  Our Newport Beach DUI Information Page.

Anaheim DUI Checkpoint

One of the Orange County DUI Checkpoints is the Anaheim DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am on Lincoln and Anaheim Boulevard in the City of Anaheim.  As announced on the Anaheim PD’s Facebook page. Our Anaheim DUI Information Page.

Orange DUI Checkpoint

One of the Orange County DUI Checkpoints is the Orange DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am at 300 The City Drive, across from the Outlets in Orange, as announced on the Orange PD’s Facebook Page. Our Orange DUI Information Page.

Garden Grove DUI Checkpoint

One of the Orange County DUI Checkpoints is the Garden Grove DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of Garden Grove, as announced via press release from the Garden Grove Police Department. Our Garden Grove DUI Information Page.

Buena Park DUI Checkpoint

One of the Orange County DUI Checkpoints is the Buena Park DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of  Buena Park, as announced via press release from the Garden Grove Police Department.
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.

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DUI Checkpoints in Orange County
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, 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)).

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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 announced for November 20-22

Orange County DUI Checkpoints announced for November 20-22.

Our Orange County DUI Lawyers have learned from law enforcement about the Orange County DUI Checkpoints announced for November 20-22 (the weekend of November 20-22, 2015).

Police Departments all over issue press releases because they want to get the word out. so feel free to share this information to help others.

Orange County DUI Checkpoints

In Anaheim, there will be a DUI checkpoint from 8pm To 2:30am – on Nov 20, 2015, at West Ball Road at South Brookhurst Street.

In the City of Irvine there will be an Irvine DUI Checkpoint from 8pm To 2am on Nov 20, 2015 at Bake Parkway at Rockfield. Irvine is particularly aggressive about arresting people for Irvine DUI cases, and the Irvine Police Department has a DUI task force for this purpose.

Seal Beach has a Checkpoint looking for Drunk Drivers on Pacific Coast Highway at First Street from 6pm To 3am  on Fri Nov 20, 2015.

Orange has a Drunk Driving Checkpoint from 9pm To 3am on November 20, 2015, at East Katella Avenue and North California Street.

The Santa Ana DUI Checkpoint is scheduled for November 21st (Saturday) from 9pm To 3am, and is located at West First Street and North Townsend Street in the City of Santa Ana.

In addition to the specific locations above, the Orange County Sheriff’s Department will have saturation patrols (specially trained officers, driving and looking for those driving drunk), patrolling the cities of Lake Forest, Mission Viejo and Rancho Santa Margarita. Statistically, this method is much more effective than DUI checkpoints, in Orange County and elsewhere.

Outside of the county, there are also DUI Checkpoints planned in Long Beach (on November 21), Pasadena (Nov. 20),  and Topanga Canyon on November 20th.

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.

Costa Mesa DUI Checkpoint results in one DUI arrest

Costa Mesa DUI Checkpoint results in one DUI arrest

Our Orange County DUI Lawyers have learned, through communication from the Costa Mesa Police Department, that a recent Costa Mesa DUI Checkpoint results in one DUI arrest and that police cited or arrested 13 others on suspicion of driving without a valid license at a DUI checkpoint on October 30, 2015.

2015-09-30 18.59.05
Orange County DUI Checkpoint Arrests

As we had previously announced, police officers had staffed the checkpoint from 8 p.m. to 2 a.m. on the northbound side of Harbor Boulevard at Peterson Place, within the Costa Mesa City Limits.

As is typical for Orange County DUI checkpoints, during the six hour operation, 1,335 vehicles passed through the checkpoint, officers stopped 529 of them for screenings and checked 22 drivers for possible intoxication, and ended up impounded five vehicles during the operation.

The LA Times also reported on this DUI Checkpoint in Costa Mesa. The Associated Press reported also that social media has changed DUI checkpoints, and as a result,  DUI checkpoints may be on the way out.

Opponents point to constitutional privacy rights as one of a number of reasons why the checkpoints are a bad idea, says Doug Honig, for one, who is with the ACLU of Washington state.

“In our society, if you’re out and about on the highway and you aren’t doing anything wrong, law enforcement shouldn’t be stopping you,” Honig says. “They should have to have an individual suspicion that you are doing something wrong and not engaging in fishing expeditions.”

Although typically not very effective, as you can see from the statistics from this particular operation, DUI checkpoints are a big money maker for law enforcement – impound fees from unlicensed drivers (as in this DUI checkpoint, where impounded vehicles and unlicensed drivers were many times greater than the one DUI arrest), plus substantial money grants are only funded for checkpoints, and not the more effective DUI Saturation Patrols, through grants from the California Office of Traffic Safety and the Federal National Highway Traffic Safety Administration, and in some cases, Mothers Against Drunk Driving (MADD).

Contact our DUI lawyer Orange County Robert Miller if you have questions about defenses in a DUI, or about handling DMV hearings in a DUI case.  We can help.

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OC DUI Checkpoints for Halloween Weekend, 2015

Our Orange County DUI Lawyers have learned about several OC DUI checkpoints, planned by law enforcement, for this Halloween weekend.  NOTE: Updated with DUI Checkpoint Location for Costa Mesa tonight, at Harbor Eastbound approaching Adams.

dui-checkpoint1

Halloween can be especially dangerous when combined with drinking, for not only drivers, but also pedestrians.  The book “Superfreakonomics” (Leavitt, et al.) went into great detail why drinking and walking was actually more deadly under all statistics vs. drinking and driving.  According to the NHTSA’s most recent statistics on Halloween:

  • 50% of pedestrians die from a drunk driving accident (33% on an average day).

  • 28% of crash victim fatalities are  pedestrians (14% on an average day).

  • Approximately 20% of pedestrian fatalities on Halloween involve a drunk driver.

  • Over 50% of pedestrian fatalities occur between 4pm and midnight.

One statistic shows that when Halloween falls on a Saturday, like it does this year, probation violations from alcohol related cases jumps to 75%, vs. 17% on a regular year.

Here’s the DUI checkpoint in Orange County activity for this Halloween:

  • The City of Costa Mesa has a DUI checkpoint planned for tonight, October 30th.  A driver tipped us off that it is going strong tonight at Eastbound Harbor approaching Adams in Costa Mesa.
  • The City of Huntington Beach announced a DUI checkpoint planned for tonight, October 30th, 2015.
  • The City of Brea has  a DUI checkpoint planned for tonight, October 30th.
  • The City of Dana Point announced a DUI checkpoint planned for tonight, October 30th, 2015.

If you have any questions or need representation or advise from one of the top rated DUI lawyers in Orange County, contact our firm anytime at (877) 942-3090.

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.

ORANGE COUNTY DUI CHECKPOINT INFORMATION FOR JUNE 19-21, 2015

Orange County DUI Checkpoint Information for June 19-21, 2015Don't get a DUI in Orange County

Don’t get a DUI in Orange County!

Our Orange County DUI Lawyers have obtained Orange County DUI Checkpoint Information for June 19-21, 2015, and learned that law enforcement have been announcing DUI checkpoints and Saturation Patrols for this upcoming weekend here in the OC. Checkpoints in Santa Ana, Placentia, and roving DUI saturation patrols in Villa Park, Stanton, and Yorba Linda are happening this weekend in those respective cities.

The Santa Ana Police Department is having a DUI checkpoint tonight, Friday, June 19, 2015. It will begin at 9:00PM and is scheduled to conclude at 3:00AM. It will be conducted in the area of 1000 E. Fourth Street, in the City of Santa Ana.

The Police Department in Placentia, announced a DUI checkpoint through a press release at facebook, that states that a DUI checkpoint will take place from 8pm to 2am at an unknown location in the City.

And, the Orange County Sheriff’s Department will be conducting roving DUI saturation patrols (where officers trained in DUI detection will be driving looking for persons suspected to be DUI, in the cities of Yorba Linda, Stanton, and Villa Park.

Why would police agencies announce a DUI checkpoint ahead of time for the Orange County DUI Checkpoint Information for June 19-21, 2015? Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.

The concurring opinion in State ex rel. Ekstrom v. Justice Ct. of State, supra, 663 P.2d 992, at page 1001 explained the value of advance publicity: “Such publicity would warn those using the highways that they might expect to find roadblocks designed to check for sobriety; the warning may well decrease the chance of apprehending `ordinary’ criminals, but should certainly have a considerable deterring effect by either dissuading people from taking `one more for the road,’ persuading them to drink at home, or inducing them to take taxicabs. Any one of these goals, if achieved, would have the salutary effect of interfering with the lethal combination of alcohol and gasoline. Advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening.” (663 P.2d 992, 1001, conc. opn. Feldman, J.; see also State v. Deskins, supra, 673 P.2d 1174, 1182.)

Publicity also serves to establish the legitimacy of sobriety checkpoints in the minds of motorists. Although the court in Jones v. State, supra, 459 So.2d 1068, found that advance publicity was not constitutionally mandated for all sobriety roadblocks, nevertheless the court offered the observation, consistent with finding reasonableness under the Fourth Amendment, that 1347*1347 “`[A]dvance publication of the date of an intended roadblock, even without announcing its precise location, would have the virtue of reducing surprise, fear, and inconvenience.’ [Citation.]” (Id., at p. 1080.)”

If you have questions for an expert in Orange County DUI matters, call out firm at (877) 942-3090 anytime.

Irvine DUI Checkpoint announced for June 12, 2015

English: Freeway onramp to the 405 North at Ja...

DUI checkpoint near this onramp to the 405 North at Jamboree Road.

Another Orange County DUI Checkpoint, an Irvine DUI Checkpoint announced for June 12, 2015, was announced as an OC DUI Checkpoint. The Irvine Police Department have announced a DUI checkpoint to be conducted tomorrow, Friday, June 12, 2015, from 8:00 p.m. to 2:00 a.m. in the area of Jamboree Road and Michelson Drive. That area is near Houston’s, The Daily Dose, and is near the Daily Grill, The Melting Pot, on one side of the 405, and Andrei’s on the other.

Our Irvine DUI Lawyers learned about the DUI checkpoint from a press release issued by Irvine PD – they stated that they wanted publicity for this DUI checkpoint to deter drunk driving in the City of Irvine.

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.

In California, the Ingersoll decision sets up the legality of DUI checkpoints in CA, but also the requirements for them to be legal.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution. If you live in, or are driving through, any of these 12 states, you won’t have to worry about encountering entrapment checkpoints:

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

Interestingly, many of the 38 states that DO conduct checkpoints do so under the belief that they are “upheld” under the federal Constitution. Washington, D.C. also allows them for that reason.

And, the U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. That court found that the state’s interest in reducing drunk driving outweighs the “minor infringement” on a driver’s Constitutional rights.

Certain requirements for “Constitutional” checkpoints do apply, though.  In California, the Ingersoll decision applies:

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.

If you have questions about an Irvine DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today.  We can help you and give you an honest assessment of your case.

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 DUI Checkpoint results in five arrests

Orange DUI Checkpoint results in five arrests

Our Orange County DUI Lawyers have learned that the Orange DUI Checkpoint results in five arrests from their Orange Police Department Orange DUI Checkpoint last weekend.

Of the five, four were related to alcohol, and one was drug related. (It was not mentioned whether this was a Prescription Drug DUI case, or an Illegal Drug DUI case). There were also 14 drivers cited or arrested on suspicion of operating a vehicle unlicensed or while a license was suspended/revoked, and 21 other citations issued.

The checkpoint screened 903 vehicles, so this was a 0.0553% arrest rate, which is typical for DUI checkpoints, which are largely inefficent when compared to other means, such as saturation patrols.

As we had announced here, the Orange DUI Checkpoint was set up from 9 p.m. to 3 a.m. at 300 The City Drive South in Orange, California. If you need the help of the Best DUI Lawyer in Orange County, please call our law firm at (949) 682-5316.

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 This Weekend (May 29, 2015)

English: Newport Beach Triangle Point photo D ...

Newport Beach DUI Checkpoint announced (photo D Ramey)

Orange County DUI Checkpoints This Weekend (May 29, 2015)

Two DUI checkpoints have been announced this weekend, according to the Orange County Register and other sources. Orange County DUI Checkpoints This Weekend (May 29, 2015) are as follows:

A Newport Beach DUI checkpoint will take place, operated by the Newport Beach Police Department, on Friday, May 29th, from 8pm to 2:00 a.m., at a currently undisclosed location. Most previous checkpoints have been on Northbound Jamboree Road, near Santa Barbara Avenue.

Another DUI Checkpoint, in Orange, will take place on the same date (May 29th) near the Outlets of Orange (previously called The Block in Orange), on The City Drive, between the 22 offramp, and Lampson, from the hours of 9pm and 3:00 a.m.

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.