DUI Checkpoints for Orange County December 4-6

  • 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: orange county dui checkpoints

DUI Checkpoints for Orange County December 4-6

DUI Checkpoints for Orange County December 4-6

DUI checkpoints in Orange County have been announced. Orange County law enforcement is on high alert for drivers that might be DUI during December.

Orange County DUI Checkpoing

This weekend there are Orange County DUI checkpoints, including in Santa Ana and the City of Orange, and Saturation Patrols through the Orange County Sheriff’s Department in the cities of Villa Park, Yorba Linda, and Stanton.

The City of Santa Ana‘s DUI Checkpoint is from 9pm to 3am tonight/tomorrow morning (Friday, December 4th, 2015), on Fairview, between First Street and 5th street.

The City of Orange DUI Checkpoint is from 8pm to 3am tonight/tomorrow morning (Friday, December 4th, 2015), although the press release from the City of Orange did not list the location.

Saturation patrols (where trained officers drive around looking for clues that someone might be driving under the influence), and DUI checkpoints, are common throughout the month, and are funded by State and Federal DUI grants.

Before a sobriety checkpoint can be considered ‘legal’, it must not only be constitutional at the federal level, it must be at the state level as well . 11 states currently prohibit sobriety checkpoints within their boundaries.

Are DUI checkpoints in Orange County legal?

Regarding DUI Checkpoints for Orange County, under the California Ingersoll decision, and decisions of both the United States  Supreme Court and courts in California, the following standards must be met:

  • the criteria for stopping motorists must be neutral, and not based upon officer discretion only;
  • adequate safety precautions must be taken;
  • the checkpoint’s time and duration should reflect “good judgment”;
  • officers must make a written plan of operations;
  • the checkpoint must exhibit sufficient indicia of its official nature;
  • drivers should be detained a minimal amount of time; and
  • roadblocks must be publicly notified to the public in advance.

Once at a DUI checkpoint, drivers can be detained to ask questions, and separate probable cause has to be established for a breath or blood test, which is technically a search of the body, requiring either sufficient probable cause or a warrant.

 

 

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.

Contact our law firm today

 

 

Orange County Labor Day DUI Checkpoints (2015)

Orange County Labor Day DUI Checkpoints (2015)

(UPDATED 9/4): Orange County Labor Day DUI Checkpoints have been announced and scheduled for Labor Day Weekend, September, 2015. Always remember safety first and bookmark this page, which our Orange County DUI Lawyers will update through labor day and beyond.

As we have stated before in a detailed article on Why DUI Checkpoints Don’t Work, DUI checkpoints are designed around funding, officer overtime, and grants, and as such are all about money, not about safety.  DUI Saturation Patrols are much more effective at removing drunk drivers from Orange County roadways and highways.

On Sept. 4th, 2015, there will be a Tustin DUI checkpoint, a Fullerton DUI Checkpoint, a Seal Beach DUI Checkpoint located at Seal Beach Blvd. and Adolfo Lopez, North of Pacific Coast Highway in Seal Beach, a La Habra DUI Checkpoint, an Anaheim DUI Checkpoint, and a Santa Ana DUI checkpoint, which will take place in the City of Santa Ana, at 500 West First Street, from 9 p.m. to 3 a.m..

From August 21, 2015, until Labor Day on September 7, 2015, law enforcement is partnering up together in enforcing Orange County DUI laws, and all across the state and nationwide. The goal is to increase drunk driving arrests, through DUI checkpoints and increased officers on the road.

Orange County’s DUI Task Force kicked off their operations on August 28th, 2015.

The City of Garden Grove DUI checkpoint was from 8 pm Friday (the 28th) through 1 a.m. Saturday.

The Newport Beach DUI checkpoint began at the same time but continued through 2 a.m. The Orange County Sheriff’s Department conducted a DUI checkpoint in San Clemente on August 29th also.

There were also “saturation patrols,” where officers are specially assigned to cruise for DUI drivers, last weekend to look for City of Orange DUI drivers, and all weekend in Fullerton, Costa Mesa and Garden Grove.

Away from Orange County, there is a Signal Hill DUI checkpoint this weekend as well.

OC DUI Saturation Patrols will be conducted in force Sept. 3rd through 5th in Costa Mesa, Sept. 4th in Anaheim, Sept. 5-6th in Santa Ana, Sept. 5-7th in Fullerton and every weekend through Sept. 7th in Garden Grove.

The California Highway Patrol (CHP) will continue their deployment of all available officers onto freeways and county roads as part of their Maximum Enforcement Period over an 18 day period culminating in the three-day holiday Labor Day weekend.

If you need the service of our Orange County DUI Law firm, please call us at (877) 942-3090 anytime.  We are here to help.

 

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.

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled

Our Orange County DUI Lawyers have learned that OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana Scheduled by local law enforcement who have planned three separate DUI checkpoints in the OC tonight.

In Santa Ana, the Police Department is running a sobriety checkpoint from 9 pm tonight (June 5th) through 3 a.m. Saturday at and around 3300 West Fifth Street in Santa Ana.

In Anaheim, our Anaheim DUI Attorney has learned that the Anaheim PD have a DUI checkpoint scheduled from 8:00 p.m. tonight, June 5th, 2015, from 8 pm through 3:00 a.m. tomorrow morning, at the 400 block of S. Brookhurst Street, in Anaheim.

In Laguna Niguel, there is an Orange County Sheriff’s Department Driver’s License and DUI Checkpoint from 6 pm tonight (June 5), through tomorrow morning (June 6) at 3 am.

Be aware, be careful, drive safe, and if you need a DUI Lawyer in Orange County, please don’t hesitate to call us at (877) 942-3090 for help.

English: The Santa Ana Police Department and J...

Orange County DUI offenders end up in OC Jail

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

OC DUI Checkpoints for Anaheim, Laguna Niguel, and Santa Ana are scheduled to spend grant money. 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 ensures that checkpoints aren’t set up in “arbitrary and capricious” locations and avoids any accusations of racial profiling.
  • Limits on the discretion of field officers: 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: The environment should focus on safety.
  • 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 has to do with the notice involved in warning signs.
  • 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, the smell of 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.

Contact our law firm today
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.

Orange County DUI Checkpoints 04-25-2015

Long Beach Police Department (California)
Long Beach Police Department (California) (Photo credit: Wikipedia)

Our Orange County DUI Lawyers have learned that there are two checkpoints scheduled for tomorrow, April 25, 2015.

The first aims to look to increase Santa Ana DUI arrests. The Santa Ana Police Department has scheduled a DUI Checkpoint from 9pm to 3am at Warner Avenue, between Flower St. and Main St..

The Long Beach Police Department also has a DUI checkpoint in Long Beach, which is running in an undisclosed location, likely in Northern Long Beach, from 9pm to 3am also.

At both of When possible, specially-trained officers will be available to evaluate those suspected of drug-impaired driving (DUID), which now accounts for a growing number of impaired driving crashes.

WHAT IS A SATURATION PATROL?

A Saturation Patrol is special enforcement where trained officers, with DUI testing equipment, drive around high potential areas for DUI arrests in Orange County, looking for traffic violations that might indicate someone is drunk driving.

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 through NHTSA ensure DUI checkpoints are used first before other measures.

ARE DUI CHECKPOINTS LEGAL?

The US Supreme Court, as well as the law in California, including the Ingersoll v. Rand decision, 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: The timing should be set to optimize the effectiveness of the checkpoint.
  • Indications that the checkpoint is official: It should be clear to drivers, for notice purposes, that this is a law enforcement stop, and not just construction or something sinister. 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 publicityIngersoll 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.

Those are the Orange County DUI Checkpoints 04-25-2015 scheduled for this weekend.  Be careful out there.  Please contact our Orange County DUI Defense Attorneys if you have a question or need our help.

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.

 

Placentia DUI Checkpoint ends in a high speed crash

Placentia DUI Checkpoint ends in disaster.

DUI with Accident

A Placentia DUI Checkpoint resulted in tragedy. The City of Placentia’s Police Department had a DUI checkpoint on Friday April 17th, that ended up in disaster.  Going, according to some reports, over 100 miles per hour through the checkpoint, a 44 year old woman fled from the DUI checkpoint and led officers on a chase that ended when she flipped her car over construction equipment.

The checkpoint was in the 300 block of East Orangethorpe Avenue in Placentia. The driver ran a stoplight at Kramer Boulevard, and continued to speed up, until she collided with temporary railings blocking off Orangethorpe Avenue at Thames Street in Anaheim for construction underway there. The vehicle launched over a bulldozer that was parked along the curb and landed on its roof, pinned between a block wall and the bulldozer.

That increased her DUI charges to a DUI with an accident, and an allegation or enhancement of DUI while speeding.

Orange County Fire Authority and Anaheim Fire had to pull the driver from the vehicle. She was transported to UC Irvine Medical Center and the woman is in critical condition, with a DUI and a crash investigation still pending.

The data over several years of Orange County DUI Checkpoints seem to indicate that DUI checkpoints are a bad idea, and are not effective.

In evaluating whether or not a DUI checkpoint is legal, DUI caselaw requires that procedures be followed, and public safety is generally a concern.  Courts generally require that there be procedures utilized that don’t leave discretion to the officer at the checkpoint. See Delaware v. Prouse, 440 U.S. at 662, 99 S.Ct. 1391. The Louisiana Supreme Court decision in State v. Jackson 764 So.2d 64, 72-73, (La., 2000) illustrates the considerations that courts generally employ to determine the validity of sobriety checkpoints.  Those are as follows:

  1. The location, time and duration of a checkpoint, and other regulations for operation of the checkpoint should be established (preferably in written form) by supervisors or other administrative personnel rather than the field officers implementing the checkpoint;
  2. Advance warning to the approaching motorist with signs, flares and other indications to warn of the impending stop in a safe manner and to provide notice of its official nature as a police checkpoint;
  3. Detention of the motorist for a minimal length of time; and
  4. Use of systematic non-random criteria for stopping motorists.

Under the California DUI case law of the Ingersoll case here in California, it’s required that police give notice of a checkpoint.  In fact, you’ve probably seen headlines in your local paper or have read a tweet from the police department warning residents of an upcoming sobriety checkpoint, disclosing precisely when and where the screening will take place. DUI Specific Apps exist for that purpose.  Press releases from Police Agencies exist to let people know about it.  Those that plan ahead and are the most dangerous serial drunk drivers, or alcoholics, are the least likely to be caught in a DUI checkpoint for that reason.

DUI Checkpoints are not favored by police

Raising Orange County DUI Awareness

Some officers also feel that sobriety checkpoint duty result in few arrests and aren’t very productive.  See: http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=637&issue_id=72005

Law enforcement press releases constantly state that the main goal of DUI checkpoints is just awareness, not public safety or arrests.  Awareness can be accomplished by  other means, and MADD in particular does a good job of awareness.  Not many people do not know that driving under the influence is illegal.  There have been many high-profile DUI awareness campaigns over the years sponsored by government media action. Everyone is familiar with the phrase “don’t drink and drive.” These less expensive, less constitutionally-intrusive public awareness campaigns make more sense than DUI checkpoints — if awareness is the goal.

Contact us.

Contact us

If you have questions for an Orange County DUI Lawyercontact us today.