Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

NEWPORT BEACH – After arresting a woman for driving under the influence, a Newport Beach police officer cited a broken license plate light as justification for the traffic stop, but the patrol car video “clearly demonstrated” the light was working, meaning the motorist was “not lawfully arrested,” according to public documents.

Drunken-driving charges against Dana Point resident Patricia M. Power, 54, were dropped, and the Department of Motor Vehicles, in reinstating her driver’s license, found there was not “reasonable cause” for her arrest.

The city earlier this year agreed to pay $1,670 for her attorney’s fees and towing costs, according to documents released to The Orange County Register as part of a public-records request.

“I don’t think it’s right, what he did,” Power said of the traffic stop by officer Michael Moore.

City officials had no comment as of press time and had not replied to a request for a copy of the video recording. Power says she had just dropped off a friend in a popular nightlife area near John Wayne Airport on May 30, 2009, when the traffic stop took place.

In a police report, Moore wrote: “I observed the vehicle … did not have a functioning license plate light. … I activated my vehicle’s overhead red and blue lights … to conduct a traffic stop on the driver of the vehicle for the violation.”

“While speaking with (Power), I smelled a moderate odor of an alcohol beverage emitting from her breath and person. I also noticed her eyes were bloodshot,” wrote Moore, who was accompanied in the patrol car by Officer Paul Sarris.

A subsequent breath test detected a 0.12 percent blood-alcohol level, and Power was arrested and charged with DUI.

In October, however, DMV officials said the patrol car video “clearly demonstrated that the rear license plate light was lit and functioning well.”

Therefore, she “was not lawfully arrested for a violation of driving under the influence of alcohol,” the DMV report says.

Farrah Emami, spokesman for the Orange County district attorney, would provide only limited comment on the case, saying charges were dropped because prosecutors “could not prove the case beyond a reasonable doubt.”

In late March, the city agreed to cover Power’s attorney’s fees and towing costs. The payment was disclosed recently when the Register requested details on the city’s legal bills.

Of the arrest, Power says, “I’m embarrassed that it happened, especially at my age.”

As for why the stop happened to begin with, Power notes it was prom time and she was near several bars. “I think I was pulled over because I was in that area, and he was more or less cherry picking,” she said.

There is considerable nuance in the laws surrounding traffic stops – checkpoints are generally legal under federal law, for example, but probable cause is generally required before individual motorists can be pulled over.

Ronald D. Rotunda, a constitutional law professor at Chapman University, said police typically cannot stop individual motorists if there is no suggestion they have done something wrong.

“They’ve got to have a reason,” Rotunda said. “You can’t just stop people on the road.”

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

DUI Checkpoint in Villa Park

The Orange County Sheriff’s Department will be conducting a DUI/Drivers License Checkpoint in the City of Villa Park on Friday, June 25, 2010, from 6:00 p.m. until 2:00 a.m.

The checkpoints are part of a grant the Sheriff’s Department received from the State of California Office of Traffic Safety.  Funding for this grant was provided by the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, and police agencies make significant income from tow and impound fees, even from persons not arrested for DUI.  Dui checkpoints are a money making opportunity for local police agencies.

For more information on the checkpoint, contact Public Affairs at (714) 647-7042, or contact our Orange County DUI Lawyers anytime.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

Costa Mesa, California – DUI Checkpoint Scheduled on Harbor Boulevard/Ford Road, Saturday, June 19, 2010

The Costa Mesa Police Department will conduct a sobriety and driver’s license checkpoint on Saturday, June 19, 2010, from 6:00 p.m. to 11:00 p.m., at Harbor Boulevard/Ford Road, in the area where a number of DUI-related collisions and DUI arrests have occurred, our Orange County DUI Lawyers are told.

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 will have their vehicles towed, which can be a significant source of income for police departments.

If you have any questions for an Orange County DUI lawyer, call me, anytime, at (714) 568-1560.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

Actor Chris Klein was arrested early Wednesday in Los Angeles on suspicion of drunken driving, officials said.

Klein, 31, best known for his role in the “American Pie” comedies, was taken into custody about 3:15 a.m., according to California Highway Patrol Officer Patrick Kimball.

Kimball said officers pulled Klein over after they spotted his black 1999 Chevrolet Blazer weaving across three lanes of traffic on the westbound 101 Freeway at Woodman Avenue.

The actor was booked at the Los Angeles Police Department’s Van Nuys station for driving under the influence of alcohol and released without bail, Kimball said.

Klein got his break in 1999′s “Election” and later played the character Oz in the “American Pie” comedies. His onetime relationship with actress Katie Holmes was frequent tabloid fodder.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

COSTA MESA – Three people were arrested on suspicion of driving under the influence during a checkpoint Tuesday night on 17th Street and Raymond Avenue, according to Costa Mesa officials.

Officers screened 475 of the more than 1,000 vehicles that traveled through the checkpoint, according to a written report released Wednesday morning.

From 6 to 11 p.m., officers screened for impaired drivers under the influence of drugs and alcohol, officials reported. They also looked for unlicensed drivers.

Officials reported conducting 11 field sobriety tests and 27 license investigations. In addition, they reported issuing 18 citations and impounding or storing nine vehicles for other violations.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

DUI checkpoint nets four

Four people were arrested on suspicion of DUI during a checkpoint on May 29. Laguna Beach Police were helped by Buena Park Police in the program, the second of four DUI-license checkpoints of the year targeting southbound drivers in the 31000 block of Pacific Coast Highway, Kravetz said.

The checkpoint, which took place from 9 p.m. to 2 a.m., saw 1,928 vehicles pass through. Of those, 705 vehicles were stopped by officers and drivers were checked for sobriety and possession of a valid driver’s license. Then people were given field sobriety tests, and four were arrested.

Three drivers were found be unlicensed.  If you need the advice of our Orange County DUI Lawyers, call me, Robert Miller, at 714-568-1560, anytime.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

Roving DUI “Wolf Packs” coordinated by the Orange County Sheriff’s Office protected UCF students from drunk drivers over the weekend, and our Orange County DUI Lawyers have  learned more about the operation through a press release issued by the OC Sheriff’s Department.

A UCF police officer, who participated in the operation, arrested Garsuah Dekontee Reeves, 28, on charges of speeding 107 mph down University Blvd. while drunk. Records show another man was arrested for being nearly three times the legal limit.

“I can not express enough to the motoring public how dangerous drinking and driving are and how it would affect them,” OCSO Deputy Claude Leslie told KnightNews.com. “In the US last year over 14,000 people were killed by drunk and impaired drivers with additional hundred thousand injured or maimed.”

In 2008, at least 77 people died in alcohol-related crashes in Orange County. That’s the third-highest ranking in Florida. “So if you live or drive in Orange County your chances of running into a drunk/impaired driver are above average,” Leslie said.

During the weekend DUI sting operation, a total of 26 arrests were made, according to Leslie, who acted as the operations coordinator for the saturation and roving patrol consisting of 10 agencies and 60 police officers. The “Wolf Pack” approach uses roving patrols in the targeted area, instead of a single DUI checkpoint.

Of those arrested, 20 were for DUI arrests, and six other arrests were made on other charges, including possession of cannabis and driving with a suspended license.

It appears that none of the arrests were UCF students, Leslie said. Students on campus are applauding the operation.

KnightNews.com Facebook fan Mindy Degnon wrote on our Facebook wall, “Good they need to catch some drunk drivers who are stupid enough to drink and drive!!”

Elissa Hope, another Facebook fan, wrote: “I am happy that they are doing this good job!!”

UCF police hosted the sheriff’s office mobile blood alcohol testing center during the operation. Mothers Against Drunk Drivers were on hand as well.

MADD’s Kelli Davis believes the “Wolf Pack” approach works.

“They are effective,” Davis told KnightNews.com. “The strong presence of officers on the roads also helps deter driving while intoxicated.”

Leslie told KnightNews.com this won’t be the last time the UCF area should expect to see the “Wolf Pack” out, either.

“The bottom line is that law enforcement is very serious about apprehending and removing drunk/ impaired drivers from our roads and highways,” he said. “Our motto is, ‘If you drink that’s your business, if you drink and drive that’s our business and we are coming for you.’”

For the Orange County Sheriff’s Office, stopping drunk drivers hits close to home. Four OCSO deputies have been killed at the hands of drunk drivers within the last 15 years, Leslie said.

For UCF students, drunk driving should hit close to home, too. Several students have died in alcohol-related crashes over the past few years.

Leslie wanted to remind students that it’s everybody’s responsibility not to drink and drive and to help law enforcement to apprehend drunk and impaired drivers.

“After all, your life or that of someone you love is at stake,” he said.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

The article below from a Houston newspaper was humorous, and shows the jury pool’s sentiment regarding Celebrity DUI cases. As Newport Beach DUI Lawyers, we get a lot of similar comments.  Enjoy:

“I found DeWitt’s recent pleading of no contest to misdemeanor DUI particularly disappointing. Admittedly, I haven’t been paying much attention to her post-1984 career, and her mugshot only accentuates the lingering differences between her and Somers (DeWitt looks like a drunk 60-year old, Somers looks like the plastic surgery offspring of Courtney Love and Pam Anderson).

And the less said about Yasmine Bleeth, the better.

But DeWitt’s drunk driving arrest is just the latest (or almost latest) in a series of celebrity inebriated motoring arrests. I can’t really call them “scandals” because…nobody cares. Seriously, the sheer tonnage of Hollywood DUIs (referred to as “DWIs” here in Texas, in case you were confused) is like any other atrocity: the more you’re exposed to it, the less you care.

What I still don’t get, however, is why they keep happening.

Now, it’s pretty apparent that getting busted for drunk driving is only a hindrance to people like you and me. Actors, athletes, and politicians can bounce back with little or no negative repercussions from their boozy vehicular forays. Obviously a big part of why everybody from the A-list on down doesn’t worry a lot about getting nailed is because they assume they’ll remain marketable. Shia LaBeouf (arrested in 2008) starred in the biggest grossing movie of 2009 (and one of the top grossers of all time), while Michelle Rodriguez and Keifer Sutherland have maintained fairly lucrative careers following their own busts.

Now for some of these folks, I blame lack of funds sufficient to hire a personal driver. Granted, LaBeouf can’t really use this excuse, but Puck from The Real World? Jani Lane? Tawny Kitaen? They’re lucky to even own cars.

So it would appear there’s a significant link between a star’s particular career trajectory and their access to a limo service. Then again, one might assume a celebrity’s Q rating would figure prominently into their likelihood of arrest in the first place. Do you think Lethal Weapon 2 vintage Mel Gibson — or Melrose Place era Heather Locklear, for that matter — would’ve been cited if they were pulled over after a half dozen Bartles & James? Not bloody likely.

Indeed, when we look at recent arrests of this nature, the list looks like a “Where Are They Now” slideshow: DeWitt, Lane, and Kitaen are joined by Gary Collins, Haley Joel Osment, Nick Nolte, and Mischa Barton. All of whom were at one point perched on the fabled catbird’s seat, but have lately fallen on hard times. If history serves, we can probably kiss these folks days in the public eye goodbye. Though there are always exceptions to this rule (see Keanu Reeves (1993)).

Still, even the D-est of the D-listers in this category (hi, Andy Dick) should still have enough money to stock up on vodka, Red Bull, and prescription Percocet to stay in their own damn house. But there’s the quandary: quietly downing a 1.75 of Absolut in the privacy of your mansion doesn’t get your name on TMZ, and sensibly taking a cab or a limo home from the Viper Room won’t earn you much needed publicity, or that conciliatory spot on Oprah after your dutiful and totally sincere stint in rehab.

What we’re left with at the end of the day is the only rational explanation; celebrities, like they’ve been telling us (and we’ve secretly suspected) all along, are just better than us. The sooner we accept this, the sooner I can stop obsessively lurking on mughsots.com.

As for Joyce, she’ll be lucky to be invited back to the 30th reunion of Airplane II.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

In general a no contest plea is similar to a plea of guilty. A plea of no contest can be advantageous for defendants where the effects of a plea of guilty may be too harsh. A no contest plea also generally cannot be used to the same extent as a guilty plea as evidence used against the accused in any civil suit for the same act.

One disadvantage of a no contest plea is that it often carries the same legal effect as a conviction for sentencing purposes. Though a defendant may hope for leniency during sentencing for saving the court the time and costs of a trial, one may risk receiving the same punishment without the opportunity to offer a defense or a chance for an acquittal from a jury.

In this DUI case, DeWitt was charged last July with two misdemeanor counts, driving under the influence and driving while having a 0.08% or higher blood alcohol level. Authorities say DeWitt’s blood alcohol was .15% — almost twice the legal limit.

She was arrested last year on the Fourth of July in El Segundo.

An officer said that DeWitt drove around a barricade intended to control vehicular traffic.

DeWitt pulled up in a black sports car, parked and staggered toward a police officer standing in uniform next to his motorcycle, witnesses said.

DeWitt was sentenced to three years probation and must attend a nine-month alcohol program.

Probation is the period during ”the probationer” is subject to critical examination and evaluation. The trial period must be completed before a person receives greater benefits or freedom.

In addition, DeWitt must pay a $510, plus penalty assessments.

Archive for June, 2010

Orange County DUI Case Dismissed when officer shown to be lying

Friday, June 25th, 2010

Our Orange County DUI Lawyers learned today that the Costa Mesa Police Department announced they will be holding a DUI/Driver’s License checkpoint on Tuesday June 8, 2010 from 6:00 P.M. to 11:00 P.M., on 17 th  Street at Raymond Avenue.

“No matter what you drive—a passenger car, pickup, sport utility vehicle or motorcycle—if we catch you driving impaired, we will arrest you. No exceptions. No excuses,” said Sergeant Dave Makiyama.  “We will be talking to drivers, making sure they are not impaired, arresting those who are, and getting the word out that impaired driving and driving without a proper license is not acceptable in Costa Mesa.

Financial costs of a crash or an arrest for driving while impaired can be significant. Costs for a DUI can exceed $10,000, plus violators face jail time, the loss of their driver’s license, higher insurance rates, and dozens of other unanticipated expenses.

Funding for this checkpoint comes from the California Office of Traffic Safety through the National Highway Transportation Safety Administration.