Police prefer candidates who won’t arrest other officers for DUI in Massachusetts

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Tag Archives: Police

Police prefer candidates who won’t arrest other officers for DUI in Massachusetts

POLICE PREFER CANDIDATES WHO WON’T ARREST OTHER OFFICERS FOR DUI IN MASSACHUSETTS

A DUI can happen to anyone, even police officers. No one should be above the law. Police prefer candidates who won’t arrest other officers for DUI in Massachusetts, the findings of a commission in a city in Massachusetts revealed. As the Boston Globe Reported, preference in hiring was given to those that pledged if hired not to arrest a fellow officer if they were found to be Driving Under the Influence (DUI).

police department in massachusetts gave higher points to candidates who pledged not to arrest fellow officers for DUI

When candidates said they wouldn’t arrest family or fellow officers, the hiring panel noted the person “knows discretion.” Indeed, the commission said that “Some of the interview panelists actually heaped high praise on those candidates who stated that they would arrest a stranger but not arrest a friend or family member based on the same facts, citing their understanding of ‘discretion.’”

What is troubling here is that the police officers not only selected candidates based on their professed bias but actively sought officers who would ignore crimes.

Mayor Zanni of Methuen Massachusetts, where this took place, said that he believes police should arrest anyone caught drunken driving, regardless of their connections. “Everyone should be treated equally — no question,” Zanni said. He said candidates have challenged the hiring process and the city is still awaiting those rulings.

Police typically pledge to arrest even friends or family if there is enough evidence that a crime has occurred.  Under the current “zero tolerance” climate for DUI cases, police have a duty to arrest for DUI anyone that has probable cause to show that they committed the crime.

Contact us now if you have a DUI.

Don’t delay contacting us if you have been arrested for DUI.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Garden Grove DUI Checkpoints and Enforcement to Rise

Garden Grove DUI Checkpoints and Enforcement are Rising

Our Orange County DUI Lawyers have news from local Garden Grove law enforcement. Garden Grove DUI Checkpoints and Enforcement are Rising in 2016.

The Garden Grove Police Department is receiving a grant of $259,000 from California this fiscal year to beef-up driving under the influence enforcement.

The grant comes from the state’s Office of Traffic Safety and will allow Garden Grove to afford the costs of DUI checkpoints in Garden Grove, to stop people from driving under the influence of drugs or alcohol.

Certain police officers will also receive training in how to check people for sobriety. That means more Orange County DUI Checkpoints coming up this year and in 2016.

Are Orange County DUI Checkpoints Legal?

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

We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before. Our Orange County DUI Attorneys have been vocal critics of DUI Checkpoints in Orange County.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law:

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

 

Certain requirements for “Constitutional” checkpoints do apply, though.  Under California DUI case law, the Ingersoll case applies, which states:

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

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

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.