Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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A lawsuit in Santa Barbara County is questioning the legality of DUI checkpoints. A Superior Court judge in Santa Barbara could decide to change the way police departments perform DUI checkpoints. A court date is set for Wednesday.

Santa Barbara Defense Attorney Darryl Genis says officers aren’t following standard operating procedure when holding the checkpoints. Genis says both the CHP and Caltrans have put together model plans for closures and signage, which he believes officers in the “Avoid the 12″ DUI campaign are not following.

Genis says police officers are required to get city council approval before shutting down a road for a DUI checkpoint. He says the same rules apply to a checkpoint as they would for a parade or city event. He also argues in most cases, drivers don’t have enough warning. “They know the process, they just feel that they don’t have to go through that process because it’s a DUI checkpoint,” said Genis.

Monika Biskup, Santa Maria resident, “I personally have a friend, his sister was killed by a drunk driver, so I think it’s important to have DUI checks.” Nationwide, there are 12 states where it is illegal for law enforcement to set up sobriety checkpoints. Opponents have argued of the thousands of drivers who pass through, on average, only a handful are actually arrested.

In 1990, the US Supreme Court ruled the public benefit from the checkpoints outweighed the infringement on search and seizure rights making them constitutional, as long as the proper rules were followed. The DA’s office did not return our calls for comment but there is quite a bit at stake here.

Genis says if the court rules in his favor not only would officers have to comply with all rules, the judge could dismiss all DUI cases where law enforcement did not follow the proper procedures. Lompoc is holding a DUI checkpoint this weekend.

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

Image by Getty Images via @daylife

Our Orange County DUI Lawyers have learned the results of the Costa Mesa Police Department DUI Checkpoint on Wednesday, February 23, 2011, as part of the Police Department’s commitment to public safety.  By publicizing these educational and enforcement efforts, the Costa Mesa Police Department believes motorists are deterred from drinking and driving, even though DUI checkpoints do not seem to be an effective means to achieve that goal.

This checkpoint was one of many that will be conducted throughout the year in Costa Mesa.  There is big money for law enforcement between State and Federal Grants, impound fees, and MADD contributions that keep the less effective DUI checkpoints going instead of the more effective saturation patrols.

The location of Wednesday’s checkpoint was in the 2300 block of Placentia Avenue.  The stats from that checkpoint:

507     Vehicles through the checkpoint
330     Vehicles Screened
2         Drivers given field sobriety tests
1         DUI Suspects Arrested
19       Driver’s license investigations
10       Citations issued
7         Vehicles towed

Only one arrest out of 507 vehicles?  A 0.00197% success rate is not success at all! The checkpoint was funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, and most of the money goes to officer pay in the way of overtime.  If you have questions for our Newport Beach DUI Lawyers, call me anytime at (714) 568-1560.

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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Baja Sharkeez on Main Street might have to shut down its entertainment at 11 p.m. starting in March.

Police Chief Kenneth Small sent a letter to owner Greg Newman saying that because of various alcohol violations and arrests at the downtown bar late at night, police are looking to restrict the establishment’s entertainment permit.

Small said Sharkeez saw 72 drunken driving arrests in 22 months.

Newman said he thought there was some misinformation in collecting the data because his Newport Beach location did not have any violations. Newman also said he has never been fined by the state department of Alcoholic Beverage Control.

However, as a result Hermosa Beach’s Baja Sharkeez is launching the South Bay Safe Streets program to combat the number of patrons who leave the bar and are arrested for driving under the influence.

Greg Newman, co-owner of the popular restaurant, found out this week that his Hermosa Beach location leads neighboring downtown bars in the number of customers who have been arrested for a DUI after leaving restaurants. Sharkeez has 51 arrests in the last two years; 31 of them were in 2010.

This news comes on the heels of a recent investigation into the number of DUI-related arrests connected to his Huntington Beach location. According to the Orange County Register, there have been 72 DUI arrests in the last two years associated with the Sharkeez in Huntington Beach.

Most of Hermosa Beach’s restaurants and bars averaged between two and five DUI arrests that were connected to their establishments through 2009 and 2010. Coming in second was Patrick Malloy’s with 13 DUI-related arrests in two years, eight of which came from 2010. Third was Caf/ Boogaloo at 12, with eight from 2010.

Police Chief Greg Savelli said the numbers are collected at the time of an arrest when an officer asks the person where they are came from. Savelli said he has no intention of investigating the Hermosa Beach Sharkeez location and believes the bar’s high number of DUI arrests is due to the restaurant’s popularity.

“That’s the most popular location. It doesn’t really mean very much,” Savelli said. “I just think he runs a popular place.”

Savelli also said it’s difficult to place blame on a restaurant or bar for having connections to a DUI because a patron while driving can show signs that they might be under the influence well before they display characteristics of being intoxicated while at a bar. He said two drinks can get someone a DUI, but they could easily have more than five drinks before becoming noticeably intoxicated and a bartender would cut them off.

Regardless, Sharkeez’s owners are going to do something about it.

“It’s definitely a negative that we have this many,” Newman said. “We need to do something.”

On Monday, Feb. 21, Newman is launching a South Bay Safe Streets Program via Sharkeez.

Newman said the program aims to reduce drinking and driving in Hermosa Beach. To do that, Sharkeez will only serve single-sized drinks from midnight to close to deter excessive drinking and allow staff to monitor customer consumption more effectively. New customers will not be allowed to enter Sharkeez after 1:15 a.m. Newman said that will discourage people trying to land an extra last drink. Sharkeez will also be closing at 1:30 a.m. instead of 2 a.m. to help clear the streets earlier and allow more taxicabs to be available for its patrons.

He said staff will also frequently remind customers not to drink and drive with audio announcements, signs at the entrance and on all tables, posters and special buttons worn by staff.
Newman said Sharkeez is also teaming up with United Taxi and Yellow Cab to offer taxi vouchers for $5 off rides. Sharkeez staff will pass the vouchers out throughout the night and to customers leaving the restaurant.

Also, every two years staff members will have to take a day class to get a Mandatory Serve Safe certification to remind them of all the city and state regulations and to help deter overserving.

“We want to lead the charge in creating safer streets and a safer downtown area by reducing drinking and driving in our community,” according to Newman.

Newman said they plan to ask Savelli for the new DUI statistics in 90 days after the program has been established to see if it is working.

“We’ll find out in 90 days if it’s making a difference, if we’re in the right direction,” Newman said. “If not, we’ll add more stuff.”

Savelli said the program is a good first step.

Newman said if it works, he looks forward to other restaurants and bars implementing similar programs.

Mayor Pro Tem Howard Fishman said the statistics of DUIs in Hermosa Beach “show that people aren’t drinking responsibly” and that it’s not one restaurant’s fault.

“I’m not going to point a finger at Sharkeez,” Fishman said.

Councilman Michael DiVirgilio said he was “surprised” to see the DUI figures related to Sharkeez and that it was “disturbing.” He’s going to encourage the police, city staff and restaurant owners to work together to come up with ways to lower the number of intoxicated drivers.

“We need to have our staff lead the effort,” DiVirgilio said.

“I think in general any number is too high. We should be finding a way to drive the numbers down.”

DiVirgilio also recommended having more DUI checkpoints throughout the year and more electronic message boards on city streets discouraging drunk driving.

Newman said he welcomes any meetings between restaurant owners and the city to fight the DUI arrests.

“It’s definitely a good idea to have a meeting on this,” Newman said. “If this (program) works well, I think the city will want other restaurants doing it.”

Newman also said he’ll suggest that the Hermosa Beach Restaurant Association discuss how to fight drinking and driving at its next meeting.

“We’re about being proactive and not justifying,” Newman said. “It’s all about reducing the number of DUIs.”

Because a whopping 72 of its patrons were arrested for drunk-driving in a 22-month period, Baja Sharkeez in Huntington Beach will soon have to stop its entertainment at 11 p.m. nightly.

Meaning no deejay-ing or live performances after that. Though alcohol can still be served until 1:30 a.m., when the restaurant closes.

[Insert sound of head-scratching here.]

Huntington Beach Police Chief Ken Small sent a letter to Sharkeez owner Greg Newman saying the new hours will go into effect March 1, when the restaurant renews its entertainment permit.

This curfew of sorts comes after the California Department of Alcoholic Beverage Control opened an investigation on the restaurant last month.

Newman, who previously said Sharkeez was being unfairly targeted due to its popularity,  seems to be cooperating with police, though he’s asking Small if the restaurant can get a 90-day trial with the new entertainment hours. According to the Huntington Beach Independent, Newman has met with Small to share some ideas on how to help curb alcohol consumption and the problems because of it. The restaurant will stop serving large cups or pitchers of alcohol at midnight, and is in the process of partnering with a cab company to offer vouchers for tipsy customers. He’s also researching whether the restaurant can use a breathalyzer to measure customers’ blood alcohol level before they get their last drink at 1:15 a.m., the Independent reports.

Huntington Beach takes the No. 1 spot in 2009 California DUI collisions among cities of its size. The city has been scrambling to find ways to address the issue, recently voting downthe idea of posting mugshots of repeat DUI offenders on its Facebook page.

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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For those traveling out of town this weekend, our Newport Beach DUI Lawyers have learned that the Hemet Police Department has planned a DUI/Drivers License checkpoint Saturday.

The checkpoint is scheduled from 8 p.m. to 2 a.m. at an undisclosed location in Hemet.

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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Our Newport Beach DUI Lawyers have learned that the Newport Beach Police Department will conduct a driver’s license and sobriety checkpoint Friday, between 9 p.m. and 3 a.m. on Newport Boulevard near Finley.

DUI checkpoints are not a very effective  enforcement tool in reducing the number of persons killed and injured in alcohol involved crashes, but provide substantial funding from federal and state funds, and contributions from MADD (Mothers Against Drunk Driving).  UC Berkeley found that impound fees earned by police agencies from 30 day or longer impounds can provide substantial income to law enforcement.

Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairment and may conduct a field sobriety test.  For those that fail, expect that jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

In 2010, all 8 of the officers on the DUI enforcement team made at least 100 DUI arrests that year.  If you have questions for our Orange County DUI Lawyers, contact us at the firm, toll free, at (877) 568-2977

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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Our Newport Beach DUI Lawyers have learned that the Orange County Sheriff’s Department will be conducting a DUI/Drivers License Checkpoint in the City of Lake Forest on Friday, February 11, 2011, from 6:30 p.m. until 2:30 a.m.

DUI checkpoints are not a very effective  enforcement tool in reducing the number of persons killed and injured in alcohol involved crashes, but provide substantial funding from federal and state funds, and contributions from MADD (Mothers Against Drunk Driving).  UC Berkeley found that impound fees earned by police agencies from 30 day or longer impounds can provide substantial income to law enforcement.

Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairment and may conduct a field sobriety test.  For those that fail, expect that jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

In 2010, all 8 of the officers on the DUI enforcement team made at least 100 DUI arrests that year.  If you have questions for our Orange County DUI Lawyers, contact us at the firm, toll free, at (877) 568-2977

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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As a DUI Specialist Orange County, I get information on DUI Checkpoints, and I’ve learned that the Costa Mesa Police Department Traffic Safety Bureau will be conducting a DUI/Drivers License checkpoint on Saturday, February 12, 2011, on Newport Boulevard at Flower Street between the hours of  7:00 p.m. and 1:00 a.m. DUI checkpoints are not a very effective  enforcement tool in reducing the number of persons killed and injured in alcohol involved crashes, but provide substantial funding from federal and state funds, and contributions from MADD (Mothers Against Drunk Driving).  UC Berkeley found that impound fees earned by police agencies from 30 day or longer impounds can provide substantial income to law enforcement.

Officers will be checking drivers through the checkpoint for signs of alcohol and or drug impairment and may conduct a field sobriety test.  For those that fail, expect that jail, vehicle storage fees, license suspension, insurance rate increases, along with fines, fees, DUI classes, other expenses that can exceed $10,000.

In 2010, all 8 of the officers on the DUI enforcement team made at least 100 DUI arrests that year.  If you have questions for our Orange County DUI Lawyers, contact us at the firm, toll free, at (877) 568-2977

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

Image via Wikipedia

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

Image via Wikipedia

Aside from Avoid the 38 roving patrols all over Orange County, our Orange County DUI Lawyers have learned that there’s a DUI Checkpoint from from 6 p.m. Sunday to 2 a.m. Monday at 6640 Beach Blvd., right in front of the Buena Park City Hall complex.

Those who fail the test face jail, fines, DUI classes, license suspension, court appearances, vehicle-storage fees and higher car-insurance rates. It’s been calculated one such infraction can set a driver back $10,000.

The Buena Park operation, like others in Orange County, is funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. (Speaking of DUI checkpoints in Orange County, if you ever hear of any I haven’t posted, please shoot me an email at rmiller [at] expertlawfirm [dot] com.  I’ll answer if I’m not in a bar.)

Archive for February, 2011

DUI Checkpoints Illegal?

Thursday, February 24th, 2011

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Two figures in the baseball world faced DUI arrests recently, adding their names to the long list of prominent athletes to face scrutiny about their drinking and driving.

Delino DeShields Jr. is a youngster on the verge of his pro career, while Ozzie Canseco is the twin brother of major league star and steroid poster boy Jose Canseco, who only played a few games at the highest level.

DeShields, an infielder in the Houston Astros organization who is not even old enough to drink alcohol legally, was stopped on suspicion of drunk driving while headed the wrong way on a one-way street in Georgia.

DeShields Jr., the son of former major league baseball player Delino DeShields, admitted to having consumed some alcohol at a University of Georgia fraternity party, according to the Houston Chronicle.

The police suspected that he had drunk more than he admitted to, and in fact he registered a .076 blood alcohol content at the scene of the police stop. The legal limit for those under the age of 21 is .02 percent. DeShields recently turned 18.

Also in DeShields’ SUV were four open bottles of alcohol. With that, he logged three charges related to the stop: underage possession of alcohol, DUI and the driving violation for driving the wrong way on a one-way street.

DeShields took responsibility for the incident via a statement on his Facebook page, which stated “I take the responsibility of being a role model seriously and apologize to my fans, my community and the Astros organization, who continue to support my family and I during this unfortunate incident. I look forward to putting this matter behind me.”

The DUI charge and hearing will not impact DeShields’ trip to spring training in February, the first of his young career after being selected by the Astros in the first round of the 2010 draft.

Ozzie Canseco, who is in a far different stage of his career, faces DUI concerns of his own, after being pulled over at 2 in the morning in Hillsborough, Florida, according to ABC News.

The twin brother of slugger and steroid user Jose Canseco registered a .108 and .109 blood alcohol content when tested. He is currently the baseball director at a local sporting goods center in Florida.

He had a long career in the minor leagues and the independent leagues, starting in 1983 and continuing into the early 2000s.

Ozzie has been charged with DUI. In 2003, he pleaded guilty to possession of anabolic steroids after a traffic stop.