DUI Blogger

The California Highway Patrol recently purchased 1900 patrol video camera recording devices of their fleet of patrol vehicles. They have been installed in the majority of their patrol vehicles and are currently is use.

The system is the WatchGuard DV-1 digital in-car video system. The CHP’s system is equipped with both front and rear facing video cameras. The officers also wear a remote wireless microphone that captures all audio and is transmitted back to the unit.

The CHP video system activates once the officer turns on his or her emergency lights. The system captures all video footage one minute prior to the activation of the emergency lights. The audio is also activated once the officer turns on the emergency lights. In most cases, you will be able to see the driving of the motorist for at least one mile since most CHP traffic stops occur on the freeways where the speed limit is 65mph.

The presence of these video cameras is significant for California DUI cases.

Many officers tend to exaggerate the “bad driving” pattern of motorists arrested for DUI. We no longer have just the officer's testimony regarding the driving, we have actual video footage to show a jury. This can assist in the defense of your drunk driving case.

In addition to the video footage, all conversations between the officer and motorist are captured in the system. The CHP policy mandates that the audio SHALL remain activated and the activity shall be recorded in their entirety.

There’s an old saying that there is no such thing as bad publicity. That was certainly the case for the maker of a recent Smartphone app that alerted drivers to DUI checkpoints. Once a handful of Senators publicly called attention to the app by calling it a “menace to road safety”, sales went through the roof. The unintentional favorable publicity caused downloads to increase by 5,000 percent and sales by 3,000 percent.

But the fact is that DUI checkpoints…at least in California…must be publically advertised prior to the date of the checkpoint. Furthermore, they must be clearly visible to approaching drivers and allow an exit route for drivers who don’t wish to stop at the roadblock.

Given these checkpoint laws, it’s crazy that actual lawmakers would call even more public attention to this issue. And the fact is that there are a TON of websites that alert drivers to these checkpoints on a regular basis. Singling out an app for doing what already is and has been done to alert drivers to these costly, low arrest-generating, controversial checkpoints only hurt the Senators’ cause…and introduced a new portion of the public who was unaware of these types of alerts to just how easy it is to receive this type of information.

Adam Kennedy, the Mariners’ second baseman, was officially charged with two counts of driving under the influence today stemming from his January 2011 arrest in Orange County. The Orange County District Attorney’s office filed one charge for driving under the influence and a second charge for driving with a blood alcohol concentration of 0.08% or above. Kennedy’s arraignment is set for June 21st.

If Kennedy had remained silent about the arrest, he would stand a good chance of fighting the case…especially if he wasn’t too high above the illegal limit. There are a wide variety of DUI defenses that skilled California DUI attorneys can present on a client’s behalf, knowing that the science behind breath testing is flawed and that California cops carry an inherent bias when conducting DUI investigations.

However, Kennedy went public right after the incident, acknowledging that he was slightly over the legal limit and that it was not acceptable to be driving in that situation. It will be interesting to see how he pleads at his upcoming arraignment. He could still fight the case, although his admission will certainly work against him. Or he may have to plead guilty because of it. Either way, this is why any DUI defense attorney will tell you to remain silent when being investigated for DUI! NOTHING you can say at the time of the incident (or in the days following the incident) can help you and, in fact, most statements will come back to haunt you.

One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver’s license. California driver’s licenses are automatically suspended for a specific amount of time depending on whether it is a first, second or subsequent DUI conviction.

Yet many Californians’ disobey these DUI probation terms and continue to drink and drive while on probation and without a valid driver’s license. In fact, a good majority of these drivers are repeat DUI offenders, which means that they have been convicted of at least two DUIs.

When the police, bailiffs, or anyone else in law enforcement suspect that a repeat DUI offender is violating these terms and conditions, they will often follow or “stake out” a suspect to catch him/her in the act. This means that if you are on DUI probation in California, big brother may be watching. Armed with this knowledge, you may want to reconsider violating these types of probation terms so that you’re not making it easier for the cops to arrest and convict you.

St. Patrick’s Day is notorious for triggering a large number of DUI arrests. Party-goers fill bars, “pubs” and clubs and basically drink themselves silly. Add to this the fact that it’s the first day of March Madness and sports bars will be packed as well. What does this mean for you? It means that cops will be on heightened alert tonight, scoping the streets for drivers who are under the influence. It also means that many of the overzealous cops on patrol will decide that a driver is intoxicated before even speaking with the individual. As a result, you may be arrested for driving under the influence based on a preconceived notion even though your level of impairment didn’t violate California’s DUI laws. If you are arrested tonight for driving under the influence, it is critical to consult with a local California DUI defense attorney as soon as possible so that you can fight your DUI charges.

There are always going to be defenses that can help you fight your DUI charges, regardless of whether you are arrested on a Monday, a weekend or a holiday. But on a holiday such as this one, those defenses are even more viable. When law enforcement expects to arrest a large number of DUI suspects, it becomes a self-fulfilling prophecy. And when these arrests are based on presumptions and bias rather than fact, they become that much easier to challenge.

A Woodland Police Sergeant was arrested earlier this week for violating California’s DUI laws. The 25-year Woodland Police veteran was reportedly driving his motorcycle when he was stopped and promptly arrested for driving under the influence. He is currently on paid administrative leave pending further investigation.

Although it is not terribly uncommon for law enforcement officers to get busted for DUI, it is rather unsettling. If we’re supposed to be punished for a crime in relation to the severity of the crime, it would seem that officers who are caught driving under the influence should have the book thrown at them. They, perhaps better than anyone, know the dangers involved, have most likely personally witnessed the aftermath of at least one serious or deadly DUI accident and see how alcohol can impair a driver’s judgment.

Yet, they typically face no harsher punishment than a civilian. And please keep in mind, I’m not suggesting that he’s guilty of the offense just because he’s been charged. Depending on the circumstances of the arrest, there are likely still a wide variety of defenses he could use to challenge the validity of the charge…charges that a skilled DUI defense attorney could present on his behalf.

What I am saying is that if he is found guilty, it will be interesting to see what type of favor he obtains from the court.

Earlier this week, Matthew Rutler (25) was arrested in West Hollywood, CA on suspicion of DUI. No details about the DUI arrest have been released except for the fact that the car Rutler was driving was allegedly being driven erratically. In fact, the only reason this arrest got any media attention was because Rutler’s passenger that night was his girlfriend, singer Christina Aguilera. And it’s Aguilera that actually made headlines, since she was arrested for being drunk in public.

Many people incorrectly assume that in order to be arrested for being “drunk in public” you must be a “falling down drunk” in a public location. That type of behavior can definitely get you arrested for this crime (which is also referred to as public intoxication). However, you also violate this law when your level of intoxication makes you unable to exercise care for your safety or for the safety of others. The deputies at the West Hollywood Sheriff’s Station claim that this is the reason they arrested Aguilera…that she needed to sober up for her own safety.

Once she did, she was released from jail. And although this arrest will go on her criminal record, Aguilera will not be prosecuted.