DUI Mugshot Program halted pending further review

Image via Wikipedia

A new program in Hawaii aimed at reducing DUI arrests has been halted for further review.

The Honolulu Police Department launched a pilot program that posted the mug shots and names of DUI suspects online once a week. They hoped the extra attention on the arrests would discourage other potential drunk drivers.

This pilot program has been halted, however, to undergo a review by the Honolulu Police Department.

The Traffic Division operated the web site, which was initially intended to run for six months but made it only four. It started the day before Thanksgiving in 2009.

Every Wednesday for those four months, the photos and names of DUI suspects were posted for 24 hours on a page called “Oahu’s Drunk Drivers,” according to the Honolulu Star-Bulletin.

Critics of the program stated that it was unconstitutional to post these photos online because it could infringe on the suspects’ right to a fair trial.

Laurie Temple, an attorney for the ACLU of Hawaii, noted that innocent people are sometimes arrested, and that photos posted online could be around forever even if the HPD site only posted them for a limited time. She said that the proliferation of the photos on social media sites like Facebook has validated the concern that these photos will live on long after they aren’t posted on “Oahu’s Drunk Drivers.”

HPD spokesperson Michelle Yu said that HPD did not close down the site as a result of these concerns, though they were aware of the re-posting issue. She said that they had received both positive and negative comments about the site.

The web project will now be reviewed by HPD officials, which was the result of an administrative decision. No photos will be posted during the review process.

One individual on Facebook started a page devoted to re-posting images, so that they were available indefinitely, rather than for the HPD’s 24-hour period. The page had over 10,000 fans. The person who started it, who asked to remain anonymous, claimed she started the page in order to raise awareness of DUI after a friend was killed in an accident in which her boyfriend had been driving under the influence of alcohol.

The executive director of MADD in Hawaii assured the public that though the web site would go down, police would still be out on the streets arresting people for DUI and conducting DUI checkpoints.  It’s a good thing that this doesn’t exist for Los Angeles DUI or Orange County DUI cases… yet.

Reblog this post [with Zemanta]

Orange County DUI Checkpoint locations: Seal Beach, March 13, 2010

California State Route 1 shield
Image via Wikipedia

Since we bring all the Orange County DUI information you can handle, here’s an Orange County DUI Checkpoint Location, from our Orange County DUI Lawyers.

The Seal Beach Police Department will be conducting a DUI/Drivers License checkpoint on Saturday, March 13, 2010, from 8pm to 3am on Pacific Coast Highway between Anderson and Seal Beach Blvd. 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/Drivers License checkpoint is an effort to reduce those tragedies, as well as insuring 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 Seal Beach 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. 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.

Reblog this post [with Zemanta]

Anaheim Cop gets 3 Orange County DUIs

A fourth-generation Chevrolet Camaro used by t...
Image via Wikipedia

The OC Watchdog Blog, part of the Orange County Register, has an interesting story – about the police officer that got three DUIs, and is still on the police payroll!  As an Orange County DUI Lawyer, it pains me to see how the police have a double standard when it comes to their own.

It’s no secret that some cops have a problem with alcohol.  It’s a stressful occupation, the hours are long, and the job wreaks havoc with home life.  As well, it’s easy for cops to get hurt on the job — making addiction to prescription painkillers another problem.

All that said, we were taken aback by the tales of officers’ DUI that came flooding in after we wrote last week about an Orange County Sheriff’s deputy who was arrested on suspicion of driving under the influence after crashing twice in less than 35 minutes.  (Cops from his own department had let him drive away after the first accident.)

That was bad, but this might be worse:

It’s the story of an Anaheim cop who hasn’t been to work since late 2008, is still on the department’s payroll, and notched his third DUI arrest in less than a year March 2.

The Watchdog pulled the records and confirmed that Officer Kevin Noel Schlueter, 37, was arrested on suspicion of driving under the influence after crashing a 2010 Jeep Liberty into four parked cars – on his very own street in Costa Mesa, in the middle of the afternoon.

The crashes ripped the right wheel off the axle of Schlueter’s Liberty, according to Costa Mesa police Lt. Rob Sharpnack. The Liberty also suffered rear bumper damage, Sharpnack said.

Costa Mesa police officers arrested Schlueter on suspicion of driving under the influence and took him to the hospital to be treated for minor injuries, Sharpnack said. He gave a blood sample, but the results aren’t back yet.

That DUI arrest was strike three for Schlueter, a 13-year veteran of the Anaheim Police Department.  But cops play by different rules, as we shall see, and three strikes don’t always mean you’re out.

Schlueter’s troubled times behind the wheel appear to have started on March 18, 2009 when Schlueter was pulled over by the California Highway Patrol after nearly slamming into a CHP squad car.  Several drivers had called 911 to report a possible DUI driver at the wheel of a Silver Chevy Tahoe on the 405 freeway that night, said CHP Officer Ray Payton.

Dispatchers sent a CHP officer ahead of the possible drunken driver weaving in the slow lane to wait for him to drive by, according to the report.  The Tahoe did indeed drive by – careening onto the right shoulder of the freeway and coming within a foot of hitting the waiting CHP squad car, the report said.

The officer watched as the Tahoe weaved from side to side, nearly colliding with a Range Rover. The CHP officer pulled the Tahoe over and after doing field sobriety tests on the driver, later identified as Schlueter, arrested him on suspicion of driving under the influence.

Alcohol was ruled out, Payton said, but drugs, which can include prescription drugs, were not. Someone came to pick up Schlueter at the CHP office. Prosecutors filed one misdemeanor count of driving under the influence. Schlueter pleaded not guilty.

While waiting for the wheels of justice to turn, Schlueter was arrested twice more.

Officers responding to a single-car wreck in Huntington Beach the night of Jan. 21 arrested Schlueter on suspicion of driving under the influence, said Lt. Russell Reinhart of Huntington Beach. Prosecutors have not yet filed charges against Schuleter in the Huntington Beach case, but detectives there say they have a court date with Schlueter March 26.

Then on March 2 came the Costa Mesa wreck, at 1:42 p.m. on Schlueter’s own street.

Schlueter has been on leave since November 2008, for what exactly Anaheim officials aren’t saying.   Anaheim police spokesman Sgt. Rick Martinez characterized it as “a variety of reasons,”  but said that personnel rules prohibit him from giving specifics.

Schlueter’s leave had been unpaid at first. But then in November 2009, months after Schlueter’s first DUI arrest Anaheim officials put him on paid administrative leave and he started earning a paycheck again.

Again, Anaheim officials aren’t saying why.

UPDATE: After this column was published, Anaheim PD called and asked us to include this statement: “The Anaheim Police Department is cooperating with the OC District Attorney’s office in its prosecution of these cases and we have contacted the Department of Motor Vehicles regarding the officer’s future driving privileges. We are also expediting our internal investigation into this matter in order to reach a decision concerning the officer’s employment as soon as possible. ”

Schlueter declined to comment through his attorney Joseph P. Smith. None of his cases have been adjudicated.

We put a call in to a residential treatment facility in Palm Springs that deals with cops’ addictions to alcohol and painkillers to get some perspective on what seems a pretty big problem.

Dr. Krista Gilbert of Michael’s House, told us that in her 15 years in dealing with police officers she has learned “one of the things that is reinforced in departments is that if you cry, you’re a sissy. They aren’t getting the support or validation to deal with the extreme situations and intense situations they see and are living through on a daily basis.

“Its vicarious trauma that they are dealing with,” Gilbert said. “You put up a good show, you’re a good soldier and you do your job no matter what.”

Self-medication with alcohol or prescription medications can also be a way of  covering up other issues like depression or extreme anxiety, Gilbert said.  “A lot of time we find people saying, ‘I’m doing self-care….This is for me.’ ”

That’s good perspective on the personal problems that some cops face.

Still, it seems to us at The Watchdog that after a peace officer gets three DUI strikes, he or she ought to be out.

We’ll keep an eye on this case and let you know what happens.

Reblog this post [with Zemanta]

Why should non drinkers care about DUI Checkpoints? (Opinion)

Image via Wikipedia

Barbara Venezia, a columnist at the Orange County Register, had a great article on Orange County DUI cases, especially checkpoints.  I’m reproducing it below, since I think it’s helpful.

Venezia: Non-drinkers also should pay attention to DUI checkpoints

The California Office of Traffic Safety is calling 2010 the “Year of the DUI Checkpoint.” They’re funding $8 million in grants to 148 law enforcement agencies for 2,500 checkpoints.

Each time I see a sobriety checkpoint notice in the O.C. Register, I think, isn’t it better to surprise drunk drivers instead of warning them to take other routes? Don’t drunks read the newspaper? Or is the P.D. counting on the fact these liquored up knuckleheads most likely won’t remember what they’ve read the next day anyway?

And for those who are either too drunk or too dumb to heed the newspaper warnings, there’s www.sobrietyalerts.com sending text messages to subscribers for $19.95 a year with a heads-up on checkpoints in designated areas. The site states, “official police use only.” But no where on the sign-up form does it ask if you’re a cop. They do claim “Our goal is to prevent primitive behavior and deter any impaired drivers from operating a vehicle.” My guess, their only goal is making money.

Seems they’re not the only ones with a unique use of DUI alerts. Diamond Productions is an event planning and promotions company. Their site, www.bestocevents.com, sends out about 21,000 emails to “mostly single people ages 21-50 in the Newport/Irvine/OC area,” promoting parties. But the site also includes a rather extensive O.C. DUI checkpoint page. Is this a public service, or are they gingerly alerting partygoers to route differently? Needless to say, it probably boosts site hits and it’s free.

As someone who hasn’t had a drink in 22 years, I’ve never paid much attention to sobriety checkpoint alerts thinking it didn’t really affect me; that was until I witnessed the horrendous traffic jam on Harbor Boulevard at 5 p.m. during rush hour traffic on Monday, March 1. Then it occurred to me: I should’ve paid more attention. You don’t have to be drunk to be a knucklehead stuck in traffic you could have avoided!

But the fact remained; I wondered why Costa Mesa and Newport P.D.’s release DUI checkpoint plans to the press. So I called Costa Mesa Police Chief Shawkey, I wasn’t surprised; it’s all about civil rights.

“The Supreme Court identified factors for minimizing the intrusiveness on the individual while balancing the needs of society in keeping drunk drivers off the road” he said. “That’s why we have to give motorists early warning so a driver can exit the checkpoint if they wish to, a press release announcing where checkpoints will be, and a mathematical formula to decide which drivers are stopped that can only be changed by a supervisor.”

The day after the March 1 checkpoint, I was curious about the results. Apparently 2,055 cars passed through, 633 were checked, and three people were arrested on suspicion of DUI. And then I read about the drunken guy who walked up to the checkpoint to get a closer look. He obviously didn’t get the text. Maybe cash-strapped C.M. should charge for spectator viewing?

Interestingly enough, in 2009 C.M. P.D. arrested 494 people for being drunk in public. But Mark David Allen, arrested over 470 times for public drunkenness, has to hold the local record. Disturbingly, furiouslove.com, a website started by Newport jailer David J. Sperling, tracks him almost daily.

Our Newport Beach DUI Lawyers are available if you have any questions, 24 hours a day.  Call (877) 568-2977 anytime.

Reblog this post [with Zemanta]

Los Angeles DUI Checkpoint locations announced

Image via Wikipedia

Los Angeles:  Saint Patrick’s Day has become a popular occasion to celebrate with friends and family.  Unfortunately, Saint Patrick’s Day has become a field day for DUI checkpoints and for police roving patrols.

The Los Angeles Police Department (LAPD) recommends the following tips:

* Plan a safe way home before the festivities begin
* Designate a sober driver
* Leave your car keys at home
* Call a taxi, call a friend or family member, or use public transportation to ensure you get home safely
* Call 911 if you see a possible drunk driver on the road
* Take the car keys away from someone who is about to drive impaired and assist them in getting home safely

In an effort to keep the streets of Los Angeles safe during the Saint Patrick’s Day celebrations, the LAPD will conduct the following sobriety checkpoints during the upcoming week:

* March 12, 2010 (Friday) in West Valley Area;
* March 13, 2010 (Saturday) in 77th Street Area;
* March 17, 2010 (Wednesday) in Wilshire Area; and,
* March 19, 2010 (Friday) in North Hollywood Area.

Additionally, the LAPD will conduct driving-under-the-influence (DUI) saturation patrols in communities served by the Harbor and Central Community Police Stations on March 14th and 21st.

Funding for the checkpoints and DUI saturation patrols is provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.  We can all help make our streets safer, please report Drunk Drivers – Call 911.  For further information, please contact Officer Don Inman, Traffic Coordination Section, at 213-486-070, or, if you need the help of our Long Beach DUI Lawyers, call us at (877) 568-2977.

Reblog this post [with Zemanta]

Orange County DUI Roving Patrols planned for St. Patrick’s Day

Image via Wikipedia

St. Patrick’s Day is an active time for law enforcement to use roving patrols of trained officers to try to find persons suspected of driving under the influence.  The California Avoid the 28 website (http://www.californiaavoid.org/about_enforceperiods.php), lists St. Patrick’s Day – March 19, 2010, as a specially targeted date for patrols.  Be careful if you are driving at all, even if you’ve had nothing to drink. You could be subject to delays and testing just based on the date.

Police in Newport Beach, California, are getting ready for an all out effort to find and arrest persons suspected of driving under the influence of alcohol (DUI) this St. Patrick’s Day.  Orange County DUI Checkpoint locations are being announced, and Orange County DUI Courts are getting ready for the increase in cases from St. Patrick’s Day.  Orange County DUI arrests are expected to increase over last yer.

If you have questions for our Newport Beach DUI Lawyers, do not hesitate to ask.  You can reach our firm at (949) 682-5316.

Reblog this post [with Zemanta]

Fullerton DUI Checkpoint announced

Orange County DUI checkpoint locations are popping up as St. Patrick’s Day approaches, and one has been announced in Fullerton, California by the Fullerton Police Department.

The Fullerton Police Department will conduct a sobriety and driver’s license checkpoint Friday, March 19th, and the checkpoint will be held from 8 p.m.-2 a.m., and the location is not being announced, but will be on a major thoroughfare.

Motorists passing through the checkpoint will receive safe driving literature from Mothers Against Drunk Drivers (MADD), Community Services Programs Inc. and the state Office of Traffic Safety.

Sgt. Tak Kim, is coordinating the checkpoint for the Police Department, and  the checkpoint is also planned to find motorists driving without valid licenses.

Funding for the checkpoint was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Further information about the checkpoint may be obtained by contacting the Fullerton Police Traffic Bureau at (714) 738-5313, or, if you have questions for our Orange County DUI Lawyers, feel free to contact our firm at (714) 568-1560.

Reblog this post [with Zemanta]

Newport Beach is a tough city to get a DUI in

Image via WikipediaNewport Beach DUI Enforcement

If you were unfortunate enough to have a DUI in Newport Beach – watch out.  Newport Beach is infamous for a police department dedicated to catching and arresting DUI offenders, a prosecutor, the Orange County District Attorney’s office, that has higher penalties for Newport Beach DUIs than other courts in the same county, and judges that don’t want to be known for being soft or easy on DUI offenders – especially in an area with as many political connections as Newport Beach.

Newport Beach DUI Checkpoints

Orange County DUI checkpoint locations are often found in Newport Beach, and DUI checkpoints are one of the most common ways the police find individuals to arrest for DUI. Unfortunately, DUI checkpoints are not truly effective ways of catching criminals. Their most useful purpose is for providing money to the city of Newport Beach, especially through impounded motor vehicles. An individual will still have to pay to have his vehicle back, even if he has been found innocent of DUI in a court of law.

Handling DMV Issues

The best thing you can do is to have one of the specialized Newport Beach DUI lawyers in the area handle the DMV issues for you. You’ll have only 10 days and could face having a suspended license for a year or more if you don’t act. It’s very important that the attorney has the chance to schedule a hearing to stop the DMV from removing your privileges because they can then subpoena witnesses and evidence that can help convey your innocence.

If you schedule the hearing yourself, you risk losing witnesses who may be unable to attend on the date you’ve scheduled, and it may be an inopportune time for your Newport Beach DUI lawyers too. Be sure to let the attorney know right away that you haven’t scheduled the hearing but that it needs to be done. They are experts at handling the situation and can potentially keep you from losing your license privileges.

Defending a DUI Charge

There are many different factors that contribute to the defense of a DUI charge. Not only will your attorney go over the details of the arrest with a fine-tooth comb, but he or she will ensure that all proper procedures were followed during your arrest. For instance, if the arresting police officer did not follow proper protocol, there’s a chance that all charges could be dropped. If your Miranda rights were not read to you, or if the breathalyzer machine was not calibrated correctly, the attorney can work to have the charges dismissed. Your blood alcohol level and toxicology reports will be gone over as well, as attorneys know exactly what to look for.

By quickly contacting an attorney as soon as you’ve been arrested and charged, you increase your chances of having competent representation and ensuring that your rights are protected.  Our Newport Beach office is located at 5020 Campus Drive, Newport Beach, CA 92660 — steps away from the front door of the courthouse in Newport Beach, and you can reach us at (949) 682-5316.

<!–[if gte mso 10]>

Defending a California Penal Code 261: Rape

California Penal Code 261, or rape, is defined as the forced act of sexual intercourse. There are many variables that fall under this penal code as well, including forced intercourse with a foreign object, forced oral copulation, statutory rape and date rape. Being accused of Penal Code 261 is frightening, and it’s important to contact criminal lawyers, Orange County or otherwise, as soon as you have been accused.

Defending Penal Code 261

When an individual has been accused of rape, the first thing an attorney will do is go over the details of what happened, getting the details from his or her client while they are still fresh in the mind. There are many different defenses and the attorney will use those details to strategize a defense that conveys the client’s innocence. Some of the most common defenses include:

Consensual Act:

If the alleged victim gave his or her consent to the sexual intercourse, the accused is not guilty of rape. Many times, a victim will claim that he or she gave their consent at the beginning but then changed their mind. However, if the victim did not clearly communicate that they no longer wanted to participate in the sexual act, the accused is still not guilty of rape since he or she did not know the victim had changed their mind.

False Accusations:

As with other crimes, rape is often claimed by ‘victims’ out of jealousy, rage, or other reasons as a means to ‘get back’ at the accused. This is unfortunate, but it happens all the time. If this is the case, an attorney will compile evidence which points to this fact and will convey this to the judge and jury. Things that will be considered are other rape allegations from the same ‘victim’ pointing at other individuals, the circumstances surrounding the case, etc.

Mistaken Identity:

Unfortunately, many rapes occur at night and in conditions where it is difficult for the victim to actually see his or her attacker. Many different things can affect a victim’s ability to correctly identify an attacker, such as low light, prejudice in photo or police officer line-ups, face coverings, poor vision and many other things. Many individuals have been released from custody after having been proven innocent through DNA evidence of rape crimes they were convicted of. This is one reason why contacting an attorney right away is so important.

When an individual is accused of rape, his or her future is often on the line. It’s important to take that seriously and contact a capable attorney who also understands the gravity of the situation and will fight to ensure his or her client’s rights.

Reblog this post [with Zemanta]

Orange County DUI Suspect allegedly runs into police patrol car

If Ponch and John settled down and moved to Co...
Image by Telstar Logistics via Flickr

As a DUI Specialist Orange County, I feel it’s my duty to remind you that all persons are innocent until proven guilty.  Yes, even for those accused of DUI.

HUNTINGTON BEACH – A suspected drunken driver rear-ended a Huntington Beach police patrol car tonight, leaving an officer with neck and back injuries, according to the California Highway Patrol.

The accident occurred just after 11 p.m. on Beach Boulevard just north of Slater Avenue, according to the CHP. The officer was issuing a citation inside his parked patrol cruiser when a man driving a Toyota Camry crashed into the back of his vehicle, said CHP Officer Jason Montoya.

The officer was taken to a hospital with neck and back pain, Montoya said.

The driver was taken into custody on suspicion of DUI, Montoya said.

Reblog this post [with Zemanta]

Follow Friday: Tampa DUI Attorney

The southern mansion revealed.
Image by freestone via Flickr

I was contacted by the owner of a DUI blog in Tampa Florida, who runs the Fight your DUI blog, and thought I’d give a shout out to what seems to be a well written blog in the field of DUI Defense.

I always think it’s funny that, since my law firm is in Orange County California, and I advertise our services as Orange County DUI Lawyers,  that I get a lot of Florida calls, as there’s an Orange County, Florida and sometimes the distinction is not made in a quick internet search.  (Note also a bit of trivia:  Both Disneyland USA parks are in Orange County, just in different states).

So, now I have a contact in at least one area in Florida – for anyone that needs a Tampa DUI Attorney.

~Robert

Reblog this post [with Zemanta]