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Thursday, January 28th, 2010
Escondido DUI / Drivers License Checkpoint Scheduled
Our Criminal Attorneys Riverside were notified of a nearby DUI checkpoint: The Escondido Police Department will be conducting a DUI/Drivers License checkpoint on Saturday, January 30, 2010, from 6:00 PM to 1:00 AM, in the City of Escondido.
A DUI checkpoint not is a proven effective method for achieving this goal, but the Escondido police department obtains substantial federal funding and money and volunteers from MADD (Mothers Against Drunk Driving) for putting on the checkpoint.
Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested. Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs – Drunk Driving, Over the Limit, Under Arrest. The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.
Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
The Redlands Police Department will conduct a sobriety and driver’s license checkpoint from 10 p.m. Saturday, Jan. 30, through 3 a.m. Sunday, in the northbound lane of Church Street between Brockton and Lugonia avenues.
The Redlands Police Department conducts DUI checkpoints to identify offenders and get them off the street, as well as to educate the public on the dangers of impaired driving. Driver’s licenses will also be checked at the checkpoint.
A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers. A DUI checkpoint not is a proven effective method for achieving this goal, but the federal government, and MADD (Mothers Against Drunk Driving) gives substantial funds and volunteer time towards DUI checkpoints.
Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested. Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs – Drunk Driving, Over the Limit, Under Arrest. The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.
Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
Moreno Valley Police Department Checkpoint.
As a DUI specialist Orange County, I get announcements of DUI checkpoints before anyone else. Check out the information below, sent by the Moreno Valley Police Department:
The Moreno Valley Police Department will conduct a sobriety and driver’s license checkpoint on Thursday January 28, from 6:00 p.m. to 12:30 a.m., in the City of Moreno Valley. Officers will screen drivers passing through the checkpoint for sobriety and for a valid driver’s license. Drivers found to be under the influence of alcohol or other drugs will be arrested, and unlicensed drivers may be cited and have their cars towed.
“DUI arrests can be embarrassing and expensive, but they’re easy to prevent,” said Police Chief John Anderson. “If you’re drinking, hand your keys over to a designated sober driver, or call a taxi or sober friend for a ride home. Don’t risk an arrest —or worse, a serious injury or even death.”
The purpose of the sobriety checkpoint is to serve as a reminder to use designated drivers and not drink and drive.
It is the Moreno Valley Police Department’s goal to continue providing public awareness on the dangers of drinking and driving, and the laws concerning driving without a driver’s license. Motorists approaching a checkpoint will observe traffic signs, information and police officers advising that a checkpoint is ahead. Once diverted into a lane, motorists will be delayed a moment while an officer explains the purpose of the checkpoint.
Funding for this checkpoint comes from the California Office of Traffic Safety through the National Highway Transportation Safety Administration.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
The Lake Elsinore Police Department Targets Impaired Drivers with Checkpoint, brought to you by the Rancho Cucamonga Criminal Defense Attorneys at expertlawfirm.com.
The Lake Elsinore Police Department will be conducting a DUI / Driver’s License checkpoint on Saturday, January 30th. In an effort to reduce the number of persons killed and injured in alcohol involved crashes, DUI checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.
All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers. This DUI / Driver’s License checkpoint is an effort to reduce those tragedies, as well as ensuring drivers have a valid driver’s license. A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers.
A DUI checkpoint is not a proven-effective method for achieving this goal, but police get money from the Federal Government (and MADD) to promote checkpoints. By publicizing these enforcement and education efforts, The Lake Elsinore Police Department believes motorists can be deterred from drinking and driving.
Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
The Los Angeles Police Department announced a Los Angeles DUI Checkpoint for this upcoming weekend, and our Orange County DUI Lawyers were notified first.
WHAT: Sobriety and Driver’s License Checkpoint
WHEN: Saturday, January 23, 2010 6:00 p.m. to 1:00 a.m.
WHERE: Manchester Avenue between Hoover Street and Figueroa Street
WHO: The Crime Task Force/Driving Under the Influence Enforcement Detail
WHY: To get Federal money, and to appease the political organization known as MADD.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
The Daily Pilot Newspaper had a further article on the Newport Beach DUI Checkpoint last week, stating that police arrested six people and handed out nine tickets at a DUI checkpoint in Newport Beach, police said Tuesday.
The Saturday night checkpoint saw more than 2,200 cars pass through it, with police interviewing 770 drivers, said Lt. Craig Fox.
Of those, police had 37 drivers step out of their vehicles for more investigation and gave 13 sobriety exams. Police ultimately arrested six drivers on suspicion of driving under the influence, and issued 30 tickets at or near the checkpoint, Fox said.
The checkpoint was funded by a state Office of Traffic Safety grant.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
One of the first things that people ask me is what they can expect in a DUI case. Often, their DUI arrest is the first time they have ever been in trouble with the law, and they are hungry for information. They just truly don’t know what to expect.
Although every DUI is different, and unique, the court system procedures and rules that make the overall guideline consistent from case to case.
The Arrest.
At a DUI arrest, the police will arrest after the initial stop, performing field sobriety tests, and a breath or blood test. What happens from there usually depends on the jurisdiction, and some details about the case, but here in Orange County, California, it’s the policy of the court to release the driver without bail, upon a signed promise to appear release document. An exception would be if there was an accident with great (serious) bodily injury, which is a felony, or if there were priors. Typically, bail would be assessed according to the county’s bail schedule in those cases. The promise to appear document would have the court date, and location, for the arraignment.
From there, the police have a duty to send the driver’s license, and police report, to the DMV within 5 days. The police must also forward the police report to the Orange County District Attorney’s office
The Arraignment.
An arraignment is the first step in a DUI case. If you have been arrested, you may likely have already been arraigned before you got out of jail. In some cases, a person is either not arrested, but given a ticket or told that a notice will follow in the mail. In other cases (very often in Drunk Driving Cases) a person will be let out of jail the next morning, sometimes after posting a small bond. Either way, at some point, before a case can formally begin, a person must be arraigned. This simply means that the Defendant is brought before a Judge (or Magistrate) and told exactly what crime they are being charged with, what the penalties are for that crime, and what their Constitutional rights are regarding those charges. In some cases, the Court will have a person read and sign a form called an “Advice of Rights” which lists all of the rights that a person accused of a crime has. These include the right to remain silent, the right to a public and speedy trial, and the right to an attorney.
For some people, especially those charged with Felonies, it is the Bail, or Bond part of the arraignment that is most important, because it’s there that they will learn exactly how much money needs to be put up to get them out of jail. Depending on the seriousness of the crime and the Defendant’s prior criminal record, Bail, or Bond, can be set at any amount, from what is knows as a Personal Bond to any greater amount of money ($100, $1000, $10,0000, $100,000 or ever $1Million dollars). In extremely serious cases, a Judge can deny Bond altogether. Sometimes a Judge will grant a bond with 10% provision, meaning that the Defendant, his or her family, or any Bail Bond Agency they hire will only have to post 10% of the Bond amount. For example, if bond is set at $10,000, 10%, then only $1000 needs to be posted.
A Preliminary Examination is the first stage in a Felony Case, and by law it must be scheduled within 14 days from the date of arraignment. Sometimes called a Probable Cause Hearing, the Preliminary Exam serves two legal purposes. First, if a Preliminary Examination is actually held (as opposed to the far more common practice of waiving it) the Prosecutor has to prove that a crime was committed, or a law broken. Second, the Prosecutor must prove that there is at least probable cause to believe the Defendant committed that crime. Now in practice that really means this: The prosecutor must convince the Judge that it’s likely a crime was committed it, and that there is an honest, at least debatable question of fact that the Defendant committed it. This is what lawyers call a low threshold, or low standard, meaning that the Prosecutor doesn’t have to prove much. In fact, after a Preliminary Exam, unless the Judge is convinced that the case against a Defendant is so weak that it practically screams to be dismissed, the case will undoubtedly be bound over, or transferred, to the Circuit Court.
In practice, such a vast majority of Preliminary Exams are waived that Michigan that in 2005, Attorney General Mike Cox floated a proposal regarding legislation to abolish them. Thankfully, that idea didn’t get off the ground.
Despite Mike Cox’s opposition to the process, the Preliminary Exam stage serves several very important purposes in the handling of a Felony Case. If a Defendant is in Jail, the lawyer can seek to have the Judge reduce the bond so the person can get out. In some cases, the Felony Charge can be reduced to a Misdemeanor and the whole matter concluded in the District Court, without the need for further proceedings in the Circuit Court.
Pre-Trials occur in both Felony and Misdemeanor Cases. In a Misdemeanor Case, the Pre-trial comes after the Arraignment. Some District Courts schedule Defendants for what reads like an “Arraignment/Pre-Trial.” The Pre-Trial is generally the meatiest of all Court proceedings, because it’s where the Defense Attorney and the Prosecutor discuss ways to resolve a pending charge. Often, a Plea-Bargain, or reduction of the original charge to one less serious, is produced. There can be more than one Pre-Trial hearing in any given case.
In a Felony Case, the Pre-Trial is held after the Preliminary Exam, usually within two weeks, and is the first hearing in the Circuit Court, where Felony Cases are handled.
A Trial, while perhaps the most complex of legal proceedings is the easiest to describe. A person who believes him or herself innocent of a charge, or a person who believes or hopes that the Prosecutor will not be able to prove him or her guilty beyond a reasonable doubt can have their case decided by Trial. There are two kinds of Trials: Bench Trials, meaning Trials heard by a Judge with no Jury, and Jury Trial, which of course mean Trials heard by a Jury. The end result of a Trial is a Verdict, which means a finding, either by the Jury, or the Judge if there is no Jury, of either guilty or not guilty.
Sentencing is, to most people, the most important part of their case. It is what happens to Defendant; it is the end-result. It is at this final stage that the Judge hearing a person’s case decides their fate. At Sentencing, the Judge orders a Defendant to do certain things, like attend AA, or get drug counseling. In addition, the Judge can order a Defendant to NOT do certain things, like consume any alcohol during the period of Probation, or to not go into bars or establishments whose primary purpose is the serving of alcoholic beverages. At Sentencing, the most important thing that happens is the Judge’s decision whether or not the Defendant serves any Jail or Prison time.
Most convictions or pleas result in Probation. Some Probation Sentences call for the less restrictive, non-reporting kind of probation, and other Probation Sentences call for an initial period of jail. Some Probation Sentences involve having the Defendant under what is known as a “tether” or house arrest. Although Probation can entail many things, it most usually involves no Jail, and requires the Defendant to, amongst other things, report once per month, get or keep a job, and stay out of trouble.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
As an attorney handling Los Angeles DUI and Orange County DUI cases, I get press releases from various law enforcement agencies. I’m putting the word out about a sobriety checkpoint in the Coachella Valley below, as sent to me:
Due to an increase in alcohol-related accidents over the past few years, the Southern Coachella Valley Community Services District, which includes the unincorporated communities of Mecca, Oasis, Thermal, and Vista Santa Rosa, will be conducting a Driving Under the Influence / Driver’s License checkpoint this coming Friday, November 13, 2009, between the hours of 6:00 P.M. and 2:00 A.M. The operation will be supported by the California Highway Patrol and the City of Coachella, in an effort to reduce the number of persons killed and injured in alcohol-involved crashes. DUI checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.
All too often, residents of the southern Coachella Valley are senselessly injured or killed on local roadways by impaired drivers. This DUI / Driver’s License checkpoint is an effort to reduce those tragedies, as well as ensuring drivers have a valid driver’s license. A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers.
A DUI checkpoint is a proven-effective method for achieving this goal. By publicizing these enforcement and education efforts, the Southern Coachella Valley Community Services District believes motorists can be deterred from drinking and driving. Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and / or drugs will be arrested. Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol and / or drugs – Drunk Driving, Over the Limit, Under Arrest.
The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver. The majority of funding for this operation is provided by the Southern Coachella Valley Community Services District. If anyone has any questions, they can contact Sgt Steve DaSilva or Lieutenant Frank Taylor at (760)863-8990.
Date/Time Written: November 7, 2009/ 1630 hours
Type of Incident: DUI / Driver’s License Safety Checkpoint
Date/Time of Incident: November 13, 2009
Location(s) of Incident: Southern Coachella Valley Community Services District, encompassing the communities of Mecca, Oasis, Thermal, and Vista Santa Rosa
Reporting Officer: Sgt. Steve DaSilva
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
The California DUI Lawyers Association is the premiere organization for DUI lawyers who are the top in their field. The CDLA offers educational programs on the cutting edge of DUI caselaw, practice, and has an email list, where real world, practicing DUI attorneys, share information from court appearances, and trials, towards gathering information on the tactics of judges and prosecutors, and how to handle situations as they come up. Like the National College of DUI Defense, which puts on the Trial Skills College at Harvard University Law School, Orange County DUI Lawyer Robert Miller has been a member of both the NCDD, and the CDLA, almost since its inception, and continues to work hard to uphold the ideals, and the great value of this organization. Membership is the sign of a DUI attorney dedicated to knowledge and skills defending persons charge with DUI, and shows that the DUI Defense lawyer is dedicated to his craft.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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Thursday, January 28th, 2010
Our Orange County DUI Lawyers get information from the Orange County Sheriff’s Department regarding upcoming DUI checkpoints and DUI patrols. The Orange County Sheriff’s Department is planning a DUI roving patrol (which are teams of officers trained in DUI arrests, specifically looking for drunk drivers), for Friday, December 4, 2009.
The roving patrols for this date specifically are targeting the following cities:
Aliso Viejo;
Laguna Niguel;
Laguna Hills; and
Laguna Woods.
More information at this link, or you can always call me at 714-568-1560 for your Orange County DUI or Los Angeles DUI questions.
Tags
Add new tag, Driver's license, Driving under the influence, drunk driving, Law, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, police, Road traffic safety
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