Orange County DUI Checkpoints May 4-5, 2018

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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.

Contact us.

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.

How do I find the best Orange County DUI Lawyer for my case?

How do I find the best Orange County DUI Lawyer for my case?

finding the best Lawyer

How do I find the best Orange County DUI Lawyer for my case?Finding a lawyer to help handle a case is not an easy task. Even for other legal professionals, choosing between various attorneys that practice in a specific field of law can be difficult. This page looks at the various ways to screen potential lawyers in general, and tells you, how do I find the best Orange County DUI Lawyer for my case?

Do you need a lawyer for a DUI?

Not everyone gets a lawyer for a DUI.  And there is a certain subsection of cases that may not even need a DUI lawyer.

However, a DUI defense attorney can help in most cases.  The best way to find out how an attorney can help your case, or to even ask if you actually need an attorney to handle your case, is to consult with one and find out what an attorney can do, and how they can help your DUI case.

If an attorney cannot help you, they should be honest and let you know that.  If a DUI lawyer can help your case, then they should be able to discuss how, exactly, they can help you and explain your options.

An experienced DUI attorney may be able to argue your performance on the field sobriety tests, whether or not the reason you were stopped was legal, or valid probable cause, and go over why you were stopped, and the potential defenses to DUI breath testing, and defenses to DUI blood testing, that would apply in your case.

A lawyer can also use their experience in persuasion, legal argument, and negotiation skills and negotiate a plea bargain in your DUI case that meets your goals, and minimizes the impact on your life.  That alone might save you from a DUI on your record, or save you thousands in fees and other costs.  Since the cost of a DUI is expensive, any reductions of the charges or options to avoid fees and fines can end up saving you a lot of money.

Any experienced lawyer who is rated as a top Orange County DUI attorney can also appear in court for you, saving you the time and potential embarrassment of sitting around the court for hours while other people you may know might be there.

How do I find the best Orange County DUI Lawyer for my case?

And, of course, they will work with you and advise you every step of the way as you go through the process, regarding what your options, and what your best strategy might be, given the facts of your case. So how do I find the best Orange County DUI Lawyer for my case?

How do you choose a DUI lawyer?

How do I find the best Orange County DUI Lawyer for my case through my own friends or family? As in many fields, the best way to find a good lawyer or attorney is to have someone give you a personal referral to a DUI attorney.  Someone you personally know that either has used the attorney or law firm or knows the attorney on a personal basis will usually result in a higher quality lawyer.  The lawyer has basically been pre qualified by whoever recommended them to you.  We are proud of the fact that most of our clients were personally referred by our former clients or persons that know our firm personally.

How do I find the best Orange County DUI Lawyer for my case if I don’t have a personal referral?  Other methods include using a bar association, or an attorney referral service, although qualified lawyers pay to be listed.  That makes a lawyer referral not nearly as qualified as a personal recommendation.

How do I find the best Orange County DUI Lawyer for my case by going through advertisements? Although lawyer advertising is everywhere, the worst way to obtain a lawyer might be from advertisements. The direct solicitation advertising that is mailed to you or that appears in places like jail advertising boards or is on bail bonds websites is no guarantee of a quality attorney by itself.

What qualifications should a DUI lawyer have?

How do I find the best Orange County DUI Lawyer for my case and review qualifications of the attorney? For the field of DUI defense, a DUI lawyer should have at least the following qualifications:

What should I look out for when searching for a lawyer?

  • A lack of a bar discipline record (in other words, never being disbarred, on bar probation, or subject to bar discipline).  A state bar record is usually an indication, or symptom, of a larger problem, and an inability to put clients first.  A lawyer with a good reputation with the California State Bar is obviously better than one with state bar problems.
  • A law firm that does everything.  Lawyers that handle worker’s compensation, and family law, as well as civil litigation, bankruptcy, and DUIs on the side, will typically not have the ability, knowledge, or time to handle a DUI case properly and give the case the attention it deserves.
  • A DUI attorney that looks down on clients.  You want to be a partner with the DUI lawyer handling your case, and need to be able to discuss options and ask questions.  DUI Lawyers with a top down, “I’m the attorney and you’re not” attitude, will not have good communication with you.

How to interview potential OC DUI lawyers to handle your case.

How do I find the best Orange County DUI Lawyer for my case in a personal interview with the lawyer? Make sure that you interview anyone you are considering as your attorney.  An interview allows you to get to know your DUI Specialist in Orange County.  Ask all of the questions that you have on your mind, or are curious about.  Don’t forget to ask them about their history as a lawyer, and about their focus on DUI defense. Attorneys that do not participate in education and defense of DUI cases specifically do not know many of the defenses that apply to breath or blood testing cases.

When you go to an interview with a potential lawyer, make sure that you bring everything you have, including all the documents you were given when you were arrested or released.  Write out a list of questions you might have, about the lawyer, the process, the punishments, and the procedures to defend a DUI case.  This allows the lawyer to be able to asses as to whether he can help your Orange County DUI case.  Interviewing multiple DUI lawyers is also a good idea.  I recommend you interview as many DUI Defense lawyers as time permits.

How do I find the best Orange County DUI Lawyer for my case?

Find a DUI defense lawyer in Orange County, or who at least practices and appears in the courts in the OC on a regular basis.  A lawyer who does not frequently operate within the courthouse or city where your case is pending can be a problem.  As said above, a DUI lawyer needs to know the area that he is working in.  Knowing the judge, local prosecutors, and the general climate of what works in handling DUI cases successfully can help to prepare your best possible defense.

How do I find the best Orange County DUI Lawyer for my case and keep fees affordable? Make sure to ask any potential Orange County DUI lawyers about their fees.  You don’t want to finally find the best Orange County DUI lawyer for your case, and start working only to find out that you will have to sell everything you own in order to afford their services.  You can usually find the best DUI lawyer for you without breaking the bank, but as they say, good lawyers aren’t cheap, and cheap lawyers aren’t good.

How do I find the best Orange County DUI Lawyer for my case? We can help make your decision easy. Our Orange County DUI Lawyers know the DUI laws and DUI defenses and have experience fighting cases in Orange County.  Knowing how to make an impression on a prosecutor, a judge, or a jury, and what tactics work best in presenting and negotiating a DUI plea bargain, or winning a DUI case, can make a huge difference in your case.

Contact us

Contact us

How do I find the best Orange County DUI Lawyer for my case?Contact our firm to find out more about our firm and why we are the right choice for DUI cases in Orange County.

Orange County DUI Lawyers

Orange County DUI Lawyers

dui orange county

Were you arrested for a DUI in Orange County?  Our website has valuable information about DUI charges anywhere in OC.  You can also contact our Orange County DUI Lawyers for a free consultation  about the specifics of your case.  There are also actions you should be taking now to help your case. 

It’s likely if you are on this page that you were contacted by the police somewhere in Orange County.  It could have been that they responded to an accident, or noticed some violation of the law, and decided to investigate further.

If you smelled like alcohol, or admitted to drinking, the police will typically conduct field sobriety tests, and then a breath or a blood test, and you will be arrested and taken to jail.

Orange County DUI Lawyers

Luckily, jail is the worst part of this entire ordeal, usually.  But they probably took your driver’s license away, and gave you a 30 day pink temporary license, along with a date to show up in Orange County Superior Court.

It’s important to know that you or an attorney have to contact the DMV office of driver safety in Orange within 10 days of your arrest.  Otherwise, you could be left without a license once your temporary expires, and could suffer a suspension.  A DMV hearing prevents that.

What am I facing from my DUI arrest?  Can your Orange County DUI Lawyers help?

A DUI in Orange County can range in seriousness, from misdemeanor DUI to felony DUI.  The punishment depends on the circumstances of the case, including:

  • Whether there was injury to another person as the result of a DUI with an accident;
  • High Blood Alcohol Content (BAC) (a .15% or higher)
  • Whether there was speeding while DUI or driving recklessly;
  • Whether there is property damage to another car or object;
  • Whether or not there were children or minors in the car when the allegations of DUI occurred; and 
  • Whether there are any prior DUIs within 10 years.

Note that even in the best of situations, DUI is seen as a contemptible crime by everyone in the justice system.  No judge wants to make it even suggested that they are anything but tough on DUI cases.  All DUI prosecutors in Orange County are trained and truly believe that they should not give DUI cases any special treatment.  Police do not simply let someone go with a DUI case, and political pressure from MADD and other groups keep the pressure high on DUI cases.  Every year the law changes to make the laws more harsh for DUI in California.  No one in Orange County, except the Orange County DUI Lawyers that make it their profession to speak up for the person arrested of DUI, is interested in cutting anyone a break.

What about my license?  Can Orange County DUI Lawyers help keep me driving?

In a separate proceeding, the DMV, who has jurisdiction over your driving privileges, will automatically suspend your license, if you do not request a DMV hearing within 10 days.

Requesting a hearing will cause a hearing date to be set and your driving privilege to be extended by months.  If you win the hearing, then you get your license back with no suspension or restricted license needed.  If you lose, then there is a hard suspension with no driving, plus a restricted license to drive to work or school.

What can your Orange County DUI Lawyers do for me?

Our Orange County DUI Lawyers can do the work to prepare for the DMV and for the court process.  Our professional expertise handling thousands of DUI cases in Orange County makes it possible to analyze your case and determine what might be best in your case to avoid the harsh punishment from a DUI in Orange County.

How do I know if I am getting one of the best Orange County DUI Lawyers?

About Us Robert Miller Associates

At Robert Miller & Associates, we handle only the defense of DUI cases. We use our top notch courtroom experience and skills to advise you, guide you, and protect you throughout the entire process, from start to finish. We are proud to be an award-winning team that provides thorough legal counsel and excellent representation to individuals in Orange County, and we can help you, too.

If you have been arrested and charged with a DUI in Orange County  contact our firm today.  We will tell you honestly and openly what you need to do to protect yourself immediately, what works best given the situation and facts of your case, and how to best fight to keep from one mistake following you for years.

THE QUALIFICATIONS YOU NEED ON YOUR SIDE

Association California DUI Lawyers Our founding attorney proudly boasts numerous accolades and recognitions, including:

WITH OVER 22 YEARS OF EXPERIENCE, ROBERT MILLER & ASSOCIATES IS A TOP CHOICE FOR REPRESENTATION. OUR FIRM OFFERS EXCELLENT LEGAL COUNSEL TO OUR CLIENTS AND WE ARE NOT AFRAID TO PURSUE A CASE VIA A TRIAL. WE HELP YOU THROUGH EVERY ASPECT OF THE LEGAL PROCESS.

Orange County DUI Lawyer Robert Miller

We have successfully handled more than 3000 cases, including hundreds of DUI trials.  As one of the best Orange County DUI Attorneys, our firm has many, many very satisfied and happy clients.

WHAT OUR PAST DUI CLIENTS HAVE STATED ABOUT US

Many clients helped by our firm in the past can attest to our great results.  We have many top ratings and reviews on Yelp, Avvo, Google, and other resources.
 
 

AS ONE CLIENT STATED ABOUT THEIR EXPERIENCE:

“During two meetings with Robert and several telephone conversations we were able to craft a defense strategy.  In several court appearances Robert was able to convince the district attorney of our defense.  Ultimately the case was dismissed.  Robert gets a five star rating from me.   He is professional and easy to reach either  by phone or email or even text message.  His fees are fair and very competitive.”  (Maurice N., from a Yelp review).

WHAT OTHER ATTORNEYS KNOW ABOUT OUR DUI EXPERTISE

Even other attorneys in the field know that our law firm has the expertise and knowledge to handle your DUI matter.  We have top ratings from colleagues within our area of expertise.  As one stated: “I highly endorse Mr. Miller. Very experienced and caring attorney who produces great results in representing clients! I want all people with legal problems to contact him first.” (Mark Clay, Esq., from one of over 60 attorney endorsements through Avvo.)

OUR RESULTS IN DUI CASES

In the past we have had amazing results for clients fearful and facing a drunk driving matter before the courts and the DMV, including hundreds of DUI matters reduced or dismissed, avoiding a lifetime of problems for our clients.  See our results page for many details on cases just like yours. 

We have obtained favorable outcomes for the majority of the cases we have handled.  We encourage you to retain our assistance as soon as possible. The sooner you do so, the sooner we can begin protecting your future. If you have been charged with DUI, and need someone to fight for you in court, or need representation for a DMV hearing, contact the Orange County DUI Attorneys of Robert Miller & Associates immediately.

DMV Information and Penalties for a DUI

As Orange County DUI Attorneys, we can honestly assess and discuss your case, We will show you the procedures, defenses, potential punishments, and outcomes, with no obligation.

We are here for you via phone call, email, or welcome you into our office to have all of your questions answered.

Whether you are ready to hire an Orange County DUI Attorney today, or are just looking for information, make sure that you don’t miss deadlines.  Contact us today.

 

Halloween DUIs more deadly than New Year’s Eve

Halloween DUIs more deadly than New Year’s Eve

Our Orange County DUI Attorney received information from the National Highway Traffic Safety Administration about DUI accidents.  Fatal crashes involving a drunken driver occur three times more often on Halloween when compared to New Year’s Eve. That means that Halloween DUIs are more deadly than New Year’s Eve.

“They’re always more cognizant of not drinking and driving because they know law enforcement is out there and it’s probably not the kosher thing to do,” an official said regarding the jump in accidents on Halloween compared to New Year’s Eve. “Halloween rolls around, people aren’t thinking of that as much.”

Lurking among the “100 Deadliest Days” of summer is the deadliest day of them all – the Fourth of July holiday. The IIHS studied deaths resulting from auto accidents from 2005 to 2009 and ranked July 4 as the deadliest day of the year, with 144 driving-related fatalities on average.

The most traveled holiday period of the year is Thanksgiving weekend, and DUI arrests are at their highest between Thanksgiving and the end of New Year’s weekend. Thanksgiving Eve is even referred to as “Black Wednesday,” as it may be the busiest night of the year for bars. Social binge drinking (consumption of a high volume of alcohol in a short period of time) is also common at this time of year.

The IIHS found that the second deadliest day after July 4 was September 2, followed by August 13, July 15, May 20, and November 11. Perhaps surprisingly, New Year’s Eve ranked 7th, with 130 average fatalities.

IIHS also discovered that seven of the 25 deadliest days in the U.S. occurred during August, which made it the deadliest month on the road. September and July rank as the second and third deadliest months, according to the NHTSA, and March had the fewest auto fatalities.

Many of the deadliest days occur when people celebrate special occasions and events, such as Cinco de Mayo or the Super Bowl. For example, a NHTSA study found that alcohol-related crashes claimed a life every 51 minutes on St. Patrick’s Day in 2010, accounting for 32% of all fatalities that occurred that day.

Contact us for questions.

Don’t delay contacting us if you had a DUI, on Halloween, or any other day.  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.

 

 

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.

Costa Mesa, the world capital of rehab programs, starts restricting facilities

A good friend told me that Costa Mesa has more rehabs per square mile than any other place on Earth.  Certainly, along with Laguna Beach Rehabs, and Newport Beach Rehab Centers, and with sober living homes and other similar programs in Orange County, Palm Springs, and beyond, there are many.

Sober living home, rehab programs
Not on his or her way to an Orange County sober living home.

According to the City of Costa Mesa, as of early last year (2014), there were 200 rehabilitation or sober living homes in the city.  25% of all the rehabs and treatment facility, and sober living homes, are all in Costa Mesa.

Costa Mesa in particular has niches catering to specific drugs, drug and alcohol combinations, gay, lesbian, transgender, and transsexual addiction problems, and pregnant addict treatment, among many other niches.

The Orange County Register last week had an article about how the proliferation of drug rehab programs and sober living homes  in residential neighborhoods had caused the Costa Mesa City Council and City Staff to begin both passing laws, and aggressively expanding the new regulations across the city.

According to the article, 84 sober living homes or rehabs have opened in Costa Mesa have opened since January, 2014.  The new laws prohibit sober living homes from moving from one area to another to avoid regulation as well, and require a 650 foot buffer between facilities and require mandatory employee background checks, along with many other rules.  A license is also required by the City of Costa Mesa.

One rehab, Yellowstone Women’s First Step House, had sued Costa Mesa in November 2014, to allege discrimination against addicts.  That lawsuit was dismissed in federal court.

Newport Beach had paid out 5.25 million in settlements, plus spent four million in litigation fighting against three sober living facilities when they had sued the City of Newport Beach to challenge a 2008 law requiring extra scrutiny for rehabilitation homes in Newport Beach.

San Clemente passed a law prohibiting all rehab homes and sober living homes from opening in that city.

Certainly, rehabilitation facilities and sober living homes in Orange County have an important role to play.  Under California law, a rehab or other facility can give credit for jail time, thus both getting addicts or alcoholics, or those facing serious DUI charges, the help they need, and helping to keep them out of jail, and keeping the jails free.  A rehabilitated addict is less likely to offend, and jails do not even attempt to rehabilitate those punished for DUI or other crimes.

Contact our firm if you need the help of an Orange County DUI Attorney.  Our firm, Miller and Associates, can help you.

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases: The California Office of Traffic Safety introduced an app a few months ago, meant to encourage designated drivers, and to discourage drunk driving. That would have the effect of lowering DUI arrests in Orange County.

The phone app, called DD VIP, is made for both iPhones (and iPads), and Android devices, shows exclusive offers and discounts for designated drivers at bars and restaurants throughout California. It also offers a way to call for a ride home in case the designated driver decides to have something to drink.

Android users can get the app here: https://play.google.com/store/apps/details?id=com.glass.ddvip&hl=en

iOS users can get the app here: https://itunes.apple.com/us/app/ddvip-bar-finder-for-designated/id941928425?mt=8

On the Apple iTunes store, one comment states: “First DD app that isn’t just a cab finder. Does what it says and what I want. Finally, being the DD is cool, plus free stuff!’

As an Orange County DUI Attorney, I am always on the look for changes to technology, the law, and defenses, whether legal or factual.

I’m also interested in both keeping the police and courts honest, and keeping our roads safe. I checked out this app and see that for Newport Beach DUI and surrounding designated drivers, there were listings for Bayside Restaurant, The Class of 47 Bar, and The Alley Restaurant and Bar. Bayside had a “Fojito”, a non alcoholic drink made with strawberries, mint leaves, and fresh lime juice, and the others allowed designated drivers to choose any drink without alcohol. All presented the option to have one drink, free, at their establishment.

It also has a link to call Uber, Lyft, or Curb (which used to be called Magic Taxi), if someone needs a ride.

This app is well done and surprisingly forward thinking for the CHP and CA Office of Traffic Safety, and may help encourage designated drivers and lower DUI Arrests.

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.

OC DUI Checkpoints: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

Our Orange County DUI Lawyers have learned of more OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015. Our La Habra DUI Information page learned that the La Habra Police Department’s Traffic Unit will be conducting a DUI/Driver’s License Checkpoint on July 31st, 2015, at an undisclosed location within the city limits between the hours of approximately 9:00 p.m. to 3:00 a.m.

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015, as part of law enforcement’s efforts to cut down on DUI cases in La Habra.

ARE DUI CHECKPOINTS LEGAL?

As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State since the stops often result in citizens being slapped with minor (finable) offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and has been implemented during these stops as well.

We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution, as follows:

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

 

Certain requirements for DUI checkpoints to be legal do apply, though.  In California, the Ingersoll case law decision applies. Quoting from that decision:

In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)

CONTACT US TODAY.

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

DUI 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.

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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.