Costa Mesa DUI Checkpoint results in one DUI arrest

  • 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: Random checkpoint

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 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.

 

 

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.