Holiday DUI Arrests Down from Last Year
The Los Angeles Daily News reports a decline in the number of DUI arrests in Los Angeles and Orange Counties over the holiday season. This decrease comes in spite of the holiday maximum enforcement policies undertaken by the California Highway Patrol (CHP)—both in the metro area and statewide.
In Los Angeles County, CHP reported 202 DUI arrests over the New Year holiday period, 30 less than last year’s total DUI arrest figures for the county. In Orange County, 11 fewer arrests were made for DUI during the holiday. These numbers follow a general trend of lower DUI numbers during the past year. Total DUI arrests for 2008 are 986, down from 1082 in 2007.
Balanced against this welcome news are the troubling potential consequences of some drunken driving enforcement policies. Over the Christmas holiday, the joint-manned CHP and US Marine San Bernadino drunk driving checkpoint raised eyebrows and concerns about constitutional legality. Since 1878, military personnel, including military police, are not allowed to assist domestic police except by Congressional order or by the direct order of the President of the United States. This restriction is clearly spelled out in Title 18 of the United States Code, and is referred to as Posse Comitatus.
Although no doubt well intentioned, a joint effort of the United States armed forces and domestic law enforcement raises serious concerns about civil rights and the Constitutional protection of civil rights. Of more immediate concern is the legality of any arrests made by the members of this particular checkpoint. Can a Los Angeles DUI attorney successfully argue for a dismissal in this case?
