March 4, 2010

California DUI Checkpoints for March 4th, 5th and 6th

The following are the California DUI sobriety / driver’s license checkpoints that are set to operate tonight and this weekend:

Thursday, March 4th
The Salinas Police Department will conduct a DUI / license checkpoint sometime tonight at an undisclosed location within the city limits. Weather permitting, all vehicles will be checked.

Friday, March 5th
The Valley Division of the LAPD will operate its DUI sobriety / driver’s license checkpoint on Friday night between 8pm and 3am at the intersection of Cahuenga Blvd. and West Broadlawn Ave. in North Hollywood.

The Atwater Police Department will operate a DUI roadblock at an undisclosed location in the city Friday night.

Saturday, March 6th
The Lake Elsinore Police Department will conduct its sobriety / driver’s license checkpoint Saturday night at an undisclosed location within the city.

With respect to the above California DUI checkpoints that aren’t too descriptive, you can directly contact the police department in the late afternoon to find out more details about their operation and location.

February 26, 2010

California DUI Sobriety Checkpoint Schedule: February 26-28

Here’s a list of the California DUI sobriety checkpoints that are scheduled for this weekend. Unfortunately, some aren’t too specific, but if you check with the police/sheriff stations a couple of hours before the checkpoints are set to begin, you can usually find out more information about their specific locations.

The Santa Ana Police Department will operate its DUI checkpoint from 7:30pm until1am Friday night. They will be stopping cars in the area of 1000 N. Newhope St. near Rosita Park.

The San Bernardino County Sheriff’s Victorville station will conduct a DUI / license checkpoint on Friday from 7pm until 3am at an undisclosed location in Victorville.

The Escondido Police Department will conduct its DUI sobriety / driver’s license checkpoint Friday night between 6pm and 1am at an undisclosed location in the city. Weather permitting, all vehicles will be stopped.

The Oxnard Police Department will operate a DUI roadblock between 6pm and 2am on Friday at an undisclosed location.

Police will be conducting a sobriety / driver’s license checkpoint between 6pm and 2am on Friday at an undisclosed location in the city of Highland. Weather permitting, all vehicles will be checked.

Redlands Police will operate their DUI sobriety roadblock Saturday night from 10:30 to 3:30 in the southbound lane of Alabama Street between Park and Orange Avenues.

Remember, if you are pulled over for a DUI, whether on the road or at a California DUI sobriety checkpoint, please remain polite at all times, invoke your right to remain silent, and do not submit to any field sobriety tests.

…And, above all else, be safe!

February 25, 2010

California DUI Sobriety Checkpoints - A Serious Misnomer

California law enforcement officers have called 2010 the “year of the checkpoint”. What they really should have called it is “year of the cash cow”.

A recent report from the University of California at Berkeley found that in 2009, DUI checkpoints generated approximately $40 million in revenue…money which is split between local law enforcement agencies and their local towing companies. Why the towing companies, you ask?

Because DUI checkpoints aren’t really set up to catch drunk drivers…that’s just the pretext. Rarely do cops arrest even a handful of drunk drivers as a result of these roadblocks…and for that matter, it’s not even that uncommon for the police to close shop on a checkpoint without making any DUI arrests.

Who the police are really after are drivers who are driving on suspended/expired driver’s licenses and those driving without a license. When the police stop these individuals, they immediately impound the driver’s car for 30 days, which costs the driver between $1,000-$4,000 to get it back. That money is split between the city and the towing company who tows and stores the car.

Let’s look at the trend -- last year, about 24,000 cars were seized at California DUI checkpoints, up from just fewer than 18,000 in 2008 and just fewer than 16,000 in 2007. Just know that as long as we are suffering a budget crisis, these alleged DUI checkpoints aren’t going anywhere.

January 22, 2010

California DUI Sobriety Checkpoint Schedule: 1/22-1/24

Here are a few of this weekend’s upcoming California DUI sobriety checkpoints that have already been publicized:

The Los Angeles Police Department will operate a DUI checkpoint on Saturday, January 23rd between 6:00pm and 1:00am on Manchester Avenue between Hoover and Figueroa Streets.

The Placentia Police Department will conduct a sobriety checkpoint on Saturday, January 23rd from 6:00pm until 1:00am. Placentia P.D. have announced that they will arrest drivers who are DUI and that unlicensed drivers’ cars will be impounded for 30 days.

Continue reading "California DUI Sobriety Checkpoint Schedule: 1/22-1/24" »

January 20, 2010

The Outrageous Hypocrisy behind DUI Sobriety Checkpoints

California DUI sobriety checkpoints aren’t “criminal investigations”, they’re simply tools to help deter drunk drivers…at least that’s what the California Supreme Court said when it held that sobriety checkpoints are legal despite the fact that people are being stopped without probable cause.

The court got around that issue by requiring that California DUI checkpoints must adhere to certain guidelines in order to be legally valid. One of the guidelines that regulate these California DUI checkpoints is that their location be publicly advertised.

Why then are the police so upset that people are “tweeting” and “texting” each other to spread the word about a checkpoint’s location? Public awareness is, after all, important in “deterring” DUIs…

Continue reading "The Outrageous Hypocrisy behind DUI Sobriety Checkpoints" »

January 12, 2010

Don't Let the Numbers Fool You...

Having declared 2010 “the year of the checkpoint”, California law enforcement agencies will no doubt be on the lookout for DUIs. Coming off of a holiday DUI crackdown that included over 300 DUI sobriety checkpoints and DUI saturation patrols, California drunk driving arrests are up.

And, unfortunately, along with DUI arrests come DUI pleas. Naïve individuals plead guilty at the outset, assuming that just because their blood alcohol concentration (BAC) was above the legal limit means that they are guilty of DUI. THAT IS NOT NECESSARILY THE CASE!!!

DUI breath tests…the most popular California DUI chemical test…are by no means always reliable or trustworthy. DUI breath testing instruments are frequently plagued by error, which can result in completely inaccurate readings. Human error with respect to the instrument’s operation…physiological errors that the breath testing machines aren’t sophisticated enough to recognize…environmental errors that contaminate BAC results… the list goes on and on.

Continue reading "Don't Let the Numbers Fool You..." »

December 31, 2009

California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend

As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver’s license checkpoints scheduled to take place tonight and over the weekend.

New Year’s Eve:

  • The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd. and Las Palmas Ave. from 8:00pm until 3:00am and in North Hollywood at Lankershim Blvd. and Chandler Blvd. beginning at 5:30pm.

  • The CHP will be conducting DUI checkpoints in Winterhaven in an unincorporated area of Imperial County between 2:30pm and 10:30pm and in the Woodcrest area from 8:00pm until 2:00am. The CHP will also be operating checkpoints in Santa Maria at undisclosed locations and times tonight, Friday night, and Saturday night.

  • The Porterville P.D. will conduct two to three sobriety checkpoints in the city at undisclosed locations and times.

  • San Francisco Bay area law enforcement agencies are teaming up to operate DUI sobriety / license checkpoints in the cities of Alameda, Hayward, Newark, San Leandro, and Union City beginning tonight and running through January 3rd. They have also announced that they will have increased DUI patrols around the Oakland Coliseum on January 3rd, when the Oakland Raiders host the Baltimore Ravens.

Friday, January 1, 2010:

  • The LAPD will operate its DUI roadblock in Los Angeles at South Figueroa St. between 8th and 9th Street from 6:00pm until 1:00am.

  • The CHP will conduct its sobriety checkpoint in the unincorporated area of Santa Barbara in the South County from 8:00pm until 2:00am.

  • The Lompoc P.D. will operate a DUI checkpoint from 6:00pm until midnight with the city limits.

  • The Seal Beach P.D. will operate a DUI sobriety checkpoint in the south end of the city, beginning at 8:00pm.

  • The Suisun City P.D. will conduct its sobriety checkpoint on southbound Sunset Ave. between Railroad Ave. and Pintail Dr. from 7:00pm until midnight.

Continue reading "California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend" »

December 25, 2009

California DUI Sobriety Checkpoint Schedule December 2009

As Christmas and the end of the holiday season approaches, we’d like to provide you with an end-of-the-year California DUI sobriety checkpoint schedule. The following DUI / driver’s license roadblocks are set to take place over the next week. Here’s as much information as we know.

There will be a DUI / driver’s license checkpoint on Friday in the city of Pomona.

On Saturday, December 26th, the following cities will conduct DUI / license checkpoints:
Redwood City - Baldwin Park - El Monte – Palmdale – Azusa – Lancaster – Altadena - Antelope Valley - LAPD Central Traffic, Harbor, and Southwest Divisions

The LAPD will operate a sobriety / license checkpoint from 8:00pm until 3:00am Sunday morning on Crenshaw Blvd. between Coliseum St. and West 39th St.

On Sunday, December 27th, the following cities will operate sobriety / license checkpoints:
San Francisco - Huntington Park - Lennox

Because California DUI laws provide that DUI checkpoints must give the public advance notice of an upcoming sobriety checkpoint, you can contact your local police, sheriff, or CHP office to try to find out more details about these listed DUI checkpoints.

December 21, 2009

California DUI Checkpoints Increased for the Holiday Season

Last week, California law enforcement officials launched their holiday crackdown on DUIs. The California Holiday Crackdown Campaign will operate over 300 California DUI sobriety checkpoints this holiday season through January 3, 2010. The campaign began on December 16, 2009 and is funded by a record $8 million in grants.

Local law enforcement agencies throughout the state are participating in the program in an effort to get drunk drivers off the road. However, the fact is that these checkpoints are very expensive to operate, pull a large number of officers off the streets, and typically only result in a few arrests.

California law enforcement officers have declared 2010 “the year of the checkpoint”. As a result, don’t be surprised if you run into more DUI roadblocks than you are used to. But keep in mind that California DUI sobriety checkpoints must adhere to very strict procedures. If they don’t, any arrests…and subsequent charges made in connection with an unlawful checkpoint must be dismissed.

December 11, 2009

December 11-13th California DUI Sobriety Checkpoints

As the holidays approach…with holiday parties already underway…California law enforcement agencies are stepping up their DUI patrols. This includes increasing the number of California DUI sobriety checkpoints that are on the road.

We know of at least three Southern California DUI sobriety roadblocks that are scheduled for this weekend. These include:

An LAPD DUI / driver’s license checkpoint that will operate on West Slauson Avenue between the 110 Freeway and South Broadway in Los Angeles. This sobriety checkpoint will be operated from 8:00pm on Friday to 3:00am on Saturday.

Continue reading "December 11-13th California DUI Sobriety Checkpoints" »

December 4, 2009

Upcoming California DUI Sobriety / Driver's License Checkpoints

There are at least four California DUI sobriety / driver’s license checkpoints scheduled for this weekend. Here is what we know:

The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd. and Medical Center Dr.

The Rancho Cordova Police Department will operate its DUI sobriety checkpoint from 8:00pm tonight until 2:00am Saturday morning at an undisclosed location in the city of Rancho Cordova.

The Lake Elsinore Police Department will conduct a sobriety / license checkpoint from 6:00pm until midnight tonight at an undisclosed location in the city of Lake Elsinore.

The Oakland Police Department will operate a drunk driving / driver’s license checkpoint from 6:00pm tonight until 2:00am Saturday morning at an undisclosed intersection in the city of Oakland.

If you encounter a California DUI sobriety / driver’s license checkpoint…and have been drinking…always be polite, respectfully decline to answer any questions, respectfully decline to take any field sobriety tests, and respectfully decline the mini handheld breathalyzer test…following these steps is your best bet when it comes to fighting a California DUI.

November 27, 2009

Thanksgiving Weekend California DUI Sobriety Checkpoints

Officers will be participating in extra DUI patrols this holiday weekend. Don’t be surprised if you even run into a California DUI sobriety / driver’s license checkpoint as part of the state’s crackdown on driving under the influence.

As of now, there are at least three advertised California DUI sobriety / driver’s license checkpoints scheduled for this weekend.

On Friday, the California Highway Patrol and the El Dorado County Sheriff’s Department are teaming up to conduct a sobriety checkpoint on Friday somewhere on U.S. Highway 50 in Meyers. Traffic permitting, officers’ plan on stopping every vehicle that passes through the DUI roadblock.

Continue reading "Thanksgiving Weekend California DUI Sobriety Checkpoints" »

November 26, 2009

5 Tips for Avoiding a California DUI this Thanksgiving Holiday

With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public…both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI.

If you find yourself in the unfortunate position of being stopped for a California DUI investigation, try to keep the following tips in mind…they won’t necessarily get you out of a DUI arrest, but they will make it more difficult for the prosecution to convict you of DUI.

  1. Be polite and respectful to the officer, no matter what.
  2. Politely refuse the field sobriety tests (FSTs). Contrary to popular belief, these tests are not mandatory and rarely, if ever, help a DUI suspect.
  3. Politely refuse to submit to a preliminary alcohol screening (PAS) test. Similar to FSTs, a PAS test is voluntary…unless you are under 21 or are currently on probation for a California DUI.
  4. Do submit to a chemical DUI blood or breath test after you have been arrested…unless you don’t mind losing your California driver’s license for a minimum of one-year and spending at least 48 hours in a county jail. And finally,
  5. Exercise your Constitutional right to remain silent. Although it’s contrary to human nature not to try to defend oneself, please resist all temptation to do so. Any statements you make can and will be used against you to incriminate you and/or attack your credibility.

Be safe everyone. Happy Thanksgiving!

November 19, 2009

Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21

This weekend, there are at least four California DUI sobriety and driver’s license checkpoints scheduled to take place.

Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as “administrative” rather than criminal.

Although our government is generally doing a good job of depriving suspected DUI drivers of their rights, sobriety checkpoints actually have quite a few legal rules that must be followed in order for any of their arrests to be upheld.

Because of this fact, it is critical for you or anyone you know who has been arrested at a DUI checkpoint to consult with a California DUI defense attorney. Unless a checkpoint strictly complies with the legal requirements imposed upon it, any DUI charges will have to be dismissed as unlawful.

Continue reading "Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21" »

November 16, 2009

Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint

Shayne Lamas, the former “Bachelor” winner and star of the new reality series “Leave it to Lamas” was arrested Saturday night at a DUI checkpoint in Venice, California. Shortly thereafter, she personally issued the following statement-

"Early Saturday morning, after consuming one drink, I willingly drove through a mandatory check point on my way home with complete confidence of passing. However, the breathalyzer indicated that I was over the legal limit of blood alcohol content and was arrested onsite."

What is the lesson here? As any California DUI defense attorney will tell you, don’t ever make any unnecessary statements...ever! In fact, this is one of the most important tips to reduce the likelihood of a California DUI conviction.

The reason that this is so important is because any statements that you make can and will be used against you…the prosecution will make sure of it. While Lamas’s statements seem innocent enough, they will undoubtedly be used to impeach her credibility during DUI plea bargaining or at trial.

Continue reading "Reality Series Actress Shayne Lamas Arrested at California DUI Checkpoint" »

November 5, 2009

November 6, 2009 Southern California DUI Sobriety Checkpoint Schedule

Tomorrow night, November 6, 2009, four Southern California DUI sobriety checkpoints are set to operate.

With respect to the first, the Palm Springs Police Department will reportedly conduct a sobriety checkpoint at an undisclosed location within in the city. The location and exact time will be announced just prior to the DUI checkpoint’s operation.

With respect to the second, the Escondido Police Department will operate a DUI / driver’s license checkpoint between 6:00pm and 1:00am.

As for the third, the Lake Elsinore Police Department will conduct a DUI checkpoint between 6:00pm and midnight.

Continue reading "November 6, 2009 Southern California DUI Sobriety Checkpoint Schedule" »

September 10, 2009

California DUI Arrests Down this Labor Day

Labor Day 2009 yielded fewer California DUI arrests…and fewer DUI fatalities…compared to last year’s totals. According to the California Highway Patrol, there were about half as many DUI-related fatalities as there were during the 2008 Labor Day weekend, and arrests fell by approximately 11%.

What’s responsible for this trend? It could be the recent increased publicity about drunk driving, the California Highway Patrol’s holiday “crackdown”, the economy, high gas prices driving down traffic in general, or just the simple fact that people are becoming more fearful of increasing California DUI penalties.

Since January 2009, if you’re on probation for driving under the influence, you now face an automatic driver’s license suspension if caught driving with any measurable amount of alcohol in your system.

Similarly, if you’re convicted of a second “wet reckless” (a common DUI reduction), you must now attend a nine-month DUI school…a requirement that didn’t exist prior to this year.

Continue reading "California DUI Arrests Down this Labor Day" »

October 17, 2007

A New Kind of Checkpoint

I was driving down La Cienega Blvd in Los Angeles last week when traffic slowed to crawl. Something was going on up ahead. Perhaps it was an accident or road construction. At 3 in the afternoon, it couldn’t be checkpoint designed to nab DUI suspects.

Turns out it was a checkpoint, but not a DUI or drunk driving checkpoint. The police were looking for unlicensed drivers. And many of them were found. This was an LAPD checkpoint, but similar to ones set up by the CHP , Los Angeles County Sheriff , Riverside Police Department and other law enforcement agencies.

California law provides for two misdemeanor offenses for unlicensed driving. California Vehicle Code 12500 VC makes it a crime to drive without a license . This usually applies to drivers who have never obtained a license to begin with, or to persons with out-of-state licenses who move to California but then fail to obtain a California license. It also is an issue for many illegal immigrants, who live and work here but cannot legally obtain a drivers license.

The second misdemeanor offense is Vehicle Code 14601 Driving with a Suspended License . This applies when the driver’s license was suspended for reasons such as a DUI, too many points, or nonpayment of DMV fees. The law considers Vehicle Code 14601 charges more serious, and usually imposes mandatory jail time upon conviction.

As the many arrests at the checkpoints reveal, many people in Southern California drive illegally. Part of this stems from the sprawling nature of our region, and the lack of viable public transportation. Many unlicensed drivers simply cannot work, take their kids to the doctor and obtain food and other necessities without driving. So they drive illegally, but at the risk of arrest, prosecution and jail time if they get caught.

Our experienced Southern California DUI Defense Attorneys can help those who have lost their license due to DUI. Contact us today.