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Now that the 2012 “Winter Holiday Anti-DUI Crackdown” has ended, the Orange County Sheriff’s Department has posted the results. In keeping with the “Avoid the 38” DUI Campaign, 38 Orange County law enforcement agencies conducted sobriety checkpoints, special saturation patrols and routine patrols for the Winter Holiday period December 14, 2012 through January 1, 2013. Not all numbers are in yet but preliminarily, it is being reported that there were 971 arrests for DUI made during the 19-day period. This number is up from the previous year, which resulted in 836 arrests for DUI.

I am a DUI defense lawyer and my practice is based in Orange County, CA. Over the past 20 years I have seen the incorporation of these checkpoints and saturation patrols, into the law enforcement agencies and have watched them evolve. What a lot of people don’t know is that the law enforcement officers must conduct these stops under very strict guidelines. For instance, it is perfectly legal for someone to purposely avoid a checkpoint. If an officer notices this, they cannot then pull them over unless there is legal cause to do so. Avoiding the checkpoint is not legal cause. It is important that anyone who has been arrested at checkpoint hire an attorney who is familiar with the guidelines and laws associated with such an arrest. If any of the required steps are not followed and documented, it could result in the case being dismissed.

What Are Some Of The Guidelines?

1. Each agency that conducts a checkpoint must have a supervising officer who is in charge of the operation of the checkpoint. The supervisor makes the decisions as to where and when it will take place.

2. The checkpoint must be in an area with a history of DUI arrests or accidents. Also, safety to the public must be taken into consideration when determining where the checkpoint will be.

3. The upcoming checkpoints must be made public, prior to the date scheduled.

4. There must be signs, lights, the presence of police officers or marked cars, so that it is the visible to any approaching drivers. This gives drivers the opportunity to avoid he checkpoint if they so desire.

Orange County is known for being one of the most aggressive and strict when it comes to driving under the influence. Lawmakers and interested groups are continually coming up with newer and more aggressive ways to seek out, arrest and convict people suspected of driving under the influence. Other counties in California are beginning to look to Orange County as a leader in the fight against drunk drivers. Because of this, I always question the initial stop first. An officer must have probable cause to pull someone over. There seems to be an increase in officers “fishing” to find drivers who are under the influence and initiating a stop without cause. My clients are often surprised to learn that, even if they were intoxicated, if the stop was illegal, the case can be dismissed. So, it is very important to understand the guidelines that officers must adhere to.

Anyone who has been arrested for DUI in Orange County should seek the advice and assistance of a DUI Defense Attorney in Orange County, CA. Because Orange County is so strict, an attorney who is familiar with, and has a good working relationship with, the judges and district attorneys in the Orange County Courts, will be in a better position to get the best possible outcome for someone who is facing a DUI charge. Although DUI cases are prosecuted aggressively, there are ways to lessen the severity of the punishment that allows for people to go on living their normal lives and keep their jobs without interruption.

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A 27 year old Santa Ana man was arrested on suspicion of vehicular manslaughter, felony hit and run and driving on a suspended license, in connection with the hit and run death of a 75 year old man last week. The charges have yet to be filed but due to the fact that the suspect was on probation for a 2011 dui conviction, if it is determined that he was in fact the driver and was intoxicated at the time of the accident, he could be facing murder charges.

According to authorities, the 75-year-old man was out for a walk on Thursday morning when he was struck and killed by a vehicle described as a dark blue BMW. Another driver who followed the vehicle until police arrived spotted a damaged vehicle matching the description Saturday. The suspect was arrested and reportedly, the damage to the car was consistent with evidence from the crime scene.

At this point, the evidence seems to be pointing to the fact that the car was involved in a hit and run which doesn’t necessarily mean that the suspect was the one driving the car. Further, if the suspect were driving the car, absent any positive blood or breath test for alcohol, there would be no physical evidence of intoxication. This is a very important detail in this case because, as mentioned above, the defendant has a prior conviction for dui, which puts him in danger of being charged with dui 2nd degree murder. This is known as a “Watson Murder”, which is explained in more detail below.

In California, when someone pleads guilty to DUI, they either sign a “Watson Advisement” or the Judge advises in Court of the “Watson Advisement”. This basically requires that the defendant acknowledge that he/she understands that driving under the influence is dangerous to human life and that in the future; any dui’s, which result in the death of another, can be prosecuted as a murder. For this reason, the hit and run charge in this case, absent any evidence of alcohol involvement, will definitely be the lesser of two evils as far as charges go.

However, these are very serious charges and require the advice and assistance of an experienced criminal defense attorney who is familiar with these types of cases and the defenses thereto.

There are defenses to a hit and run which an aggressive defense attorney should pursue. A couple of the more common defenses are: 1) The suspect was unaware that there was an accident and, 2) The suspect wasn’t driving the vehicle. As in all cases, a defense attorney should pay close attention to the conduct of the police officers and investigation reports, as well as the conduct at the scene. Errors and holes in the reports can often assist in the defense of this type of case. Something else to explore is the possible need for an accident reconstruction expert. Finding out how the accident occurred could be helpful to the defendant’s case. An expert would look at the road conditions, lighting, and anything that may have contributed to the accident.

If you or someone you know is facing charges of this serious nature, consulting with an experienced criminal defense lawyer in the County in which the case is pending, may be the most important thing you ever do.

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A drunk driver caused a three-car accident on the 91 Freeway in Anaheim after crashing into the center divider. When the woman driver attempted to flee the scene, she put her vehicle in reverse and in doing so crashed into another car, which then was hit by yet another vehicle. There were 5 people involved in the collisions and all five were taken to the hospital. The two individuals in the third car were ejected from their vehicle and seriously injured. It is important to point out that the driver of the second car was also determined to be driving drunk and arrested at the scene.

Being charged with a DUI in Orange County, California can have a devastating effect on a person’s life. As I have discussed in previous blogs, Orange County is extremely strict when it comes to driving under the influence. But, in this particular situation, it becomes much more serious due to the fact that there were accidents with injuries involved. Whenever someone is arrested for DUI with injuries, the prosecution can file the charges as either a misdemeanor or a felony, depending upon the circumstances. This case will most likely be charged as a felony due to the severity of the accident and injuries of the passengers that were ejected from their vehicle. The district attorney will also look at the defendant’s past history to determine whether or not she has any prior convictions for driving under the influence. A prior history would substantially affect the charges in this case.

Anytime there is an automobile accident and alcohol is involved, most officers on the scene automatically assume that the person who had been drinking caused the accident. While this would be a plausible assumption, it is not always the case. There are many circumstances that could have contributed to the accident. Road conditions, weather, illness, and in some cases, the actions of another other driver.

In this particular situation, it was reported that the driver of the second car involved was also driving drunk and arrested. This is a good opportunity for a defense lawyer to hire an accident reconstruction expert to determine who was actually at fault. If it is determined that driver number two was at fault, or contributed to the accident, then the woman who initially crashed into the center divider may only be charged with misdemeanor dui with accident.

For this reason, it is recommended that anyone involved with an alcohol-related accident consult with an experienced DUI defense lawyer to determine whether or not there may be a good defense available to the charge of DUI with injuries.

If however, the evidence is overwhelmingly against the defendant, then a good experienced defense attorney, who has a good relationship with the Judges, Court staff and District Attorney Office, will begin trying to have the charges reduced to misdemeanors, if filed as a felony, and mitigate the sentence exposure the defendant may have. There are sentencing alternatives that a good attorney will recommend in order to keep their client out of jail.

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An Ignition Interlock Device, or IID, is an option/sentence alternative, for people who have been convicted of driving under the influence. The IID is a small device, similar to a Breathalyzer that attaches to the steering column of a car. The purpose of the device is to measure whether or not a person has been drinking alcohol before they begin driving. Once installed, the person driving the car must provide an alcohol-free breath sample or the car will not start. In order to avoid someone else providing the alcohol-free sample, once a person begins to drive, the device will require that intermittent breath samples be provided. Once the device has requested a sample, the driver has 6 minutes to provide the sample. If no sample is provided, it is recorded as a “fail” and the information is sent to the Court. The IID’s are designed to ensure that only the person required is providing the breath sample. The device requires a specific breath pattern while a breath sample is being provided and has a very short cord attached to it. This is to avoid someone else providing the sample while the individual is driving. The device also records all starts and stops, any tampering with or attempts to disconnect and all results.

The IID can be a very useful tool in negotiating a plea. Especially for someone who has a full-time job and is financially responsible for their family. For some, jail time means the loss of a job and great hardship on their family.

There are sentencing alternatives available for convictions of a DUI and for this reason, anyone who has been arrested and is being charged with driving under the influence should consult an experienced DUI Defense Attorney.

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According to the Orange County District Attorney’s Office, in the first 9 months of 2012 there were 1500 arrests for drug-related dui’s. 95 percent of those arrests resulted in convictions. Compared to 2010, there were 1400 arrests for the year and 92 percent resulted in conviction. Orange County is very aggressive and has become the model in the state in the efforts to crack down on drug-related DUI cases. The state’s Office of Traffic Safety has acknowledged that, while the problem is recognized everywhere, Orange County is the leader in the push for new technology and more drug expert police officers. A $480,000.00 grant was recently awarded to Orange County to train more police officers as drug experts and help the crime lab with updated equipment to detect drugs.

Because I am a DUI defense attorney and my practice is focused primarily in Orange County, I take a special interest in this type of information. I have for a long time known that Orange County is extremely conservative when it comes to driving under the influence cases. I recognize that there is a continuing effort to make the laws more strict and that the authorities have become more aggressive in the arrest and prosecution of people arrested for DUI. Along with this aggressive push, I have also seen an increase in police misconduct when it comes to the initial stop and ultimate arrests. There are specific guidelines that an officer must follow in stopping, detaining and arresting someone for driving under the influence. Too often, these guidelines are not followed properly and unless the stop and detention are specifically addressed, the arrest is considered legal.

As mentioned above, Orange County is funding the increased training for drug recognition experts. These are officers who have been trained and can detect if a person is under the influence of meth, cocaine or heroin just by observing and talking to them. There are specific signs they have been trained to look for that a traffic officer may not recognize. If someone is arrested for DUI and taken to the police station but the Breathalyzer is negative for alcohol, blood will be drawn and sent to the Orange County Crime Lab to be tested. The crime lab has several tests that can detect both legal and illegal drugs. However, not all of the tests are able to determine how much of the drug is present. This has been one of the challenges for the prosecution in these types of cases. The burden to prove whether or not there was enough of a drug present to impair a person’s driving and thus, resulted in dismissals. However, this is about to change. As explained below, new equipment is now available to detect the amount of certain drugs in a person’s blood.

The Orange County Crime Lab is scheduled to begin using a new machine that can measure the concentration of a drug. This new piece of equipment, which costs $350,000.00, was paid for by one of the Traffic Safety grants and has been described as “powerful”. There is no doubt but that we will see an increase in arrests and convictions for DUI of prescription drugs as well as illegal drugs once the crime lab begins using their new machine.

Anyone arrested for DUI whether alcohol related or drug related should immediately seek the advice and assistance of an experienced DUI defense attorney. An arrest for DUI is time-sensitive in that you have only 10 days within which to request a DMV hearing or your license will be suspended. Requesting a hearing “stays” the suspension until after a hearing is conducted.

Although a conviction for DUI may seem inevitable if you were in fact driving under the influence, there are defenses to this charge Looking closely at the conduct of the police officers involved, as well as any tests performed can help determine whether or not challenging the initial stop is a viable defense for you. Further, with an experienced defense lawyer on your side, the ultimate outcome will most surely be more favorable. It is also important to note that there are sentencing alternatives and a good, experienced criminal defense attorney should negotiate aggressively to avoid having his client go to jail.

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A 24-year-old woman was arrested and charged with three misdemeanor counts of Driving Under the Influence and Child Endangerment after she crashed into a parked car in Anaheim, California. A four-year-old child was injured in the accident, and was taken to the hospital where she was treated and later released. Because the child was a passenger in the driver’s car, there is the additional charge of child endangerment.

In this situation, not only is this woman facing the added serious charge of child endangerment, she faces the possibility of sentence enhancements if convicted of the DUI charge. In situations where a person is convicted of DUI and, at the time of the arrest for DUI, had a child under the age of 14 years in the car, the court may impose sentence enhancements of an additional 48 hours in jail, on top of the penalties and punishments associated with the DUI conviction. The enhanced jail time goes up with every prior DUI a person has suffered.

As previously mentioned, a person must be convicted of Vehicle Code Section 23152, driving under the influence, in order for the court to impose sentence enhancements. This means that if your attorney is successful in fighting the DUI charge, the enhanced punishment would obviously not apply. However, even if your attorney is unable to get the DUI charge dismissed, a good DUI defense attorney will work aggressively to get the DUI charge reduced in order to avoid the sentence enhancement. As an example, a successful plea bargain might be a reduction from DUI to a wet reckless. Although a wet reckless is priorable when it comes to any future DUI charges, the enhancement for having a child in the car would not apply.

The charge of child endangerment, Penal Code section 273a, is what’s known as a “wobbler” meaning that the District Attorney can elect to file it as either a misdemeanor or a felony, depending upon the circumstances of the case and the prior criminal history of the person being charged.

The prosecution must prove certain elements of the crime in order for a person to be convicted of Penal Code section 273a. Those elements include:

1. The willful inflection of unjustifiable physical pain or mental suffering on a child, under the age of 18 years, or
2. That, as a result of criminal negligence the child was allowed to suffer unjustified physical pain or mental suffering, or
3. That under your control or care, you:
a. Willfully caused, and as a result of criminal negligence, allowed the child, or the health of the child to be injured; or
b. Allowed the child to be placed in a situation they, or their health, was endangered.

The penalties for a conviction of misdemeanor child endangerment may include:

1. A minimum of four years informal probation;
2. Up to one year in county jail;
3. Fines of up to $1,000.00;
4. A protective order, protecting the child from further danger;
5. A one year child abuser’s treatment program; and
6. If, at the time of the offense, you were under the influence of a controlled substance or alcohol, the court may impose an order that you not use alcohol or drugs during your probationary period. This may include random drug testing.

The penalties for a felony conviction of child endangerment may include:

1. All of the penalties outlined above, with the exception of jail time and fines.
2. Four years formal probation;
3. State prison for a period of two, four or six years;
4. A maximum $10,000.00 fine;
5. If there was infliction of great bodily injury or harm to the child, an additional and consecutive three to six years in prison; and
6. A possible strike.

The charges of DUI and child endangerment are very serious and can have long lasting effects on a person’s life. Retaining the services of an aggressive, experienced criminal defense attorney, who has experience negotiating with the District Attorney in these types of matters, can make the difference in jail or prison and probation.

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Orange County law enforcement agencies conducted DUI checkpoints and saturation patrols over the Labor Day weekend. The campaign began on August 17 through September 3, 2012 and resulted in 843 arrests. The Orange County Sheriff’s Department expects that number to rise once the final results from all agencies are in.

DUI checkpoints are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts.

The guidelines for conducting a DUI Checkpoint are as follows:

1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field;
2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop;
3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required;
4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests;
5) The time and duration of sobriety checkpoints are also important;
6) High visibility is required so that the drivers can easily see the nature of the roadblock;
7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and
8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested for DUI at a sobriety checkpoint should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

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The Orange County, California DUI Task Force is a multiagency task force made up of the California Highway Patrol, local police agencies and the Orange County Sheriff’s Department. This task force is also known as the “Avoid the 38” which refers to the 38 law enforcement agencies involved in the anti-DUI enforcement operation.

A two-week anti-DUI period, leading up to Labor Day, is already under way and has so far resulted in more than 500 arrests for DUI. Orange County authorities report that 543 DUI arrests have been made since mid-August and, they expect that number to go up.

DUI checkpoints and roving patrols are planned throughout Orange County beginning Friday, August 31 through Monday, September 3rd. Brea Police Department will conduct a checkpoint from Friday at 8:30 p.m. until Saturday at 2:30 a.m. Santa Ana PD will conduct their checkpoint from Saturday at 8:30 p.m. through Sunday at 1:30 a.m. at 2000 W. First Street. Buena Park’s checkpoint will be from Saturday at 7:00 p.m. until Sunday at 2:00 a.m. at Beach Blvd., and 10th Street.

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California Vehicle Code Section 14601 makes it illegal to drive while your driving privilege is suspended or revoked. However, the reason for the suspension or revocation plays a roll in the sentencing should you be convicted. As an Orange County DUI defense attorney, practicing criminal defense law in Orange County, CA for 20 years, one commonality with these types of offenses is that clients don’t realize the seriousness of driving on a suspended license and are surprised at how harsh the Courts can be.

According to ]California Vehicle Code Section 14601.2(a) which is the code section that deals with driving on a suspended license where the license was suspended due to a conviction for DUI, the minimum punishment is 10 days in County Jail for a first offense and a minimum 30 days in County Jail for conviction of a second offense. California law also requires the installation of a California Ignition Interlock device also known as “IID”. This is a device installed into your car, which prevents the operation of the motor vehicle, until and unless an alcohol-free breath test is passed.

Here in Southern California, the inability to drive can be incredibly crippling for a person. There is of course the bus, taxis, and driving companies. However, trying to get to work or an appointment on time using the bus system is risky. Taxis and driving companies can be very expensive if you need to utilize these services for any length of time. A new alternative however, is becoming more and more prevalent. It is the old fashion ridesharing with a new twist. Ridesharing web sites are popping up all over the United States. The sites vary in the process of matching drivers with passengers. Security and how payment is calculated and made vary from site to site. Some sites allow it’s participants to agree on the cost between themselves, some sites calculate and come up with the amount based on the miles travelled and the profit-making sites take a percentage of the fee charged to the riders.

A company by the name of eRideShare, which was started in 1999, is currently testing a mobile app for the iphone and android phones, which would make it easy for a person to quickly find websites for ridesharing in their area. Another company, Carpooling.com is slowly making its way to Southern California and may be a good source for people whose license has been suspended or revoked. Long distance commuters are currently using sites like Zimride.com, Ridejoy.com, Avego.com, Nuride.com, Rideshare.com and eRideShare.com.

Driving on a suspended license is a misdemeanor, and as mentioned above, can have serious consequences. Consulting with an experienced criminal defense lawyer, before pleading guilty to this type of offense, could make the difference between doing jail time and alternative sentencing.

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Orange County police agencies have scheduled DUI checkpoints and saturation patrols for the cities of Santa Ana, Newport Beach and Rancho Santa Margarita tonight, June 22, 2012. A checkpoint has also been scheduled in Fountain Valley for June 29, 2012.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint Orange County should contact an experienced Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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