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Friday, February 24th, 2012
 NCDD Summer Session Sign (Photo credit: FrogMiller) Our Newport Beach DUI Lawyers learned from the OC Weekly that a new film is premiering regarding Orange County DUI checkpoints. Stop Stealing Our Cars, set to premiere this Saturday at El Centro Cultural de Mexico in Santa Ana, California, is an inspiring bilingual documentary that tells the behind-the-scenes story of how a community came together to effect positive change.
Spurred by supposed DUI checkpoints in the city that in reality netted more unlicensed drivers–particularly undocumented immigrants who are disallowed from applying in the first place–than borracho ones and imposed draconian impound fees, the Orange County May Day Coalition (OCMD) and the Orange County Congregation Community Organization (OCCCO) began working together in order to halt profiteering that totaled $40 million statewide in 2009, according to a California Watch and UC Berkeley investigation.
Their efforts culminated in policy changes that allows for an unlicensed driver at a checkpoint to call a licensed driver to retrieve the vehicle within 20 minutes, roughly the same amount of time it takes for a tow truck to arrive on scene. Thirty-day impounds, whose heavy costs exceeding over $1,000 hit working-class immigrant residents hard, were also modified and could only be authorized in the case that a driver has been previously cited once in the previous nine months, or twice in the past three years. Costa Mesa-based filmmaker José Luis Gallo of La Causa Films was there all along the way with camera in hand to document the local movement of a greater statewide issue.
The roots of his first full-length documentary began with the 2006 May Day immigrant rights march in SanTana that drew tens of thousands to the streets. Gallo had wished he could have filmed the historic moment then, but the desire to use his camera for the cause remained when he met Gema Suarez of OCMD (who narrates the film) years later; she introduced him and his brother to El Centro. Activists at the alternative space were prepping for last year’s May Day march where one of the demands was the end to unjust towing of cars in the city–an issue they planned to take to the city council the very next day.
“I was thinking about it as a weekend project,” the Ciudad Juárez native and UTEP graduate says. “Little did I know that it was going to turn into this full-feature documentary. It was very organic, the project grew as the movement started growing.”
Stop Stealing Our Cars begins at El Centro, where activists create the artistic and musical aesthetic of their message in the days leading up to the march. The documentary’s title itself comes from a vibrant orange and red protest sign that would later be hoisted up along the route of the demonstration. The May Day action, smaller than previous years, but no less spirited carried with it a demand that will spell out the activism of the coming summer months.
The day after the march, the scene shifts to the Santa Ana City Council. A protest puppet of mayor-por-vida Don Papi Pulido is rested against the wall with a “For Sale” sign around its neck as speaker after speaker make their case against the existing impound policy. The drawn-out struggle shifts to Public Safety Commission meetings where council membersClaudia Alvarez, David Benavides and Sal Tinajero meet with activists and law enforcement officials, including Santa Ana Chief of Police Paul Walters and Deputy Chief Carlos Rojas. They appear to be amenable, make promises, but impounds continue as Gallo films a checkpoint stop outside of El Fogón on Edinger Avenue. A tow truck driver shares a laugh with a police officer as a car is later whisked away from a female unlicensed driver unable to do anything to stop it. “I think that’s one of the most powerful scenes in the documentary,” Gallo says of his film.
The drudgery of hammering out the eventual changes in subsequent meetings over several months could, but does not translate into on-screen boredom, a testament to the skillful editing process and the fact that this is a rare activist documentary that doesn’t overwhelm with despair but chronicles the hope of an inspiring victory. Stop Stealing Our Cars excels in charting the transformation of a protest sign into a new reality through hard work and dedication.
“The premise for the documentary was that we wanted to show what the community can do when it comes together and fights for a common cause,” Gallo remarks. “I really hope people take away from it that we can actually accomplish something and change laws and policies to make them more fair.”
Theresa Dang, an Orange County May Day Coalition member and executive producer of the film she’s featured prominently in, has a unique perspective of looking back on the footage. “We had folks who had never appeared at a public meeting to make a statement,” she says. “When I watch it now, I’m proud of the young people who took on leadership roles.” As activism on the issue of impound policies continues in other communities–LAPD Chief Charlie Beck came out in favor of driver’s licenses for undocumented immigrants just yesterday–Dang sees potential in taking Stop Stealing Our Cars out of Santa Ana and into places like Los Angeles and San Diego for future screenings.
“It’s a good tool just to show people how we did it so that they might be able to craft their own solutions.”
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Friday, February 24th, 2012
Since we are the Best DUI Lawyers in Orange County, we learned recently that the Orange County Sheriff’s Department will be conducting a DUI/Drivers License Checkpoint in the City of Laguna Woods on Friday February 24, 2012, from 6:30 p.m. until 2:30 a.m.
The checkpoints are part of a grant the Sheriff’s Department received from the State of California Office of Traffic Safety, and are set up to target drivers who are driving under the influence of alcohol or drugs and / or driving a vehicle without a driver’s license.
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Friday, February 24th, 2012
The Newport Beach Police Department has been awarded a $242,399 grant for a one-year anti-DUI program, police said in a statement.
The California Office of Traffic Safety through the National Highway Traffic Safety Administration awarded the grant to the city’s Selective Traffic Enforcement Program.
“The grant activities will specifically target impaired driving offenders as well as educate the public on the dangers of impaired driving,” the statement. The program will include DUI checkpoints, red light and speed enforcement, monitoring intersections with disproportionate accident rates, saturation patrols and court stings that target DUI offenders with suspended or revoked licenses who get behind the wheel when leaving court.
If you have any questions for a DUI lawyer in Newport Beach, call me, at (949) 682-5316.
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Friday, February 24th, 2012
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Our DUI Lawyers in Orange County have learned that the Traffic Division of the Newport Beach Police Department will be conducting a sobriety/driver’s license checkpoint on Friday, February 17, 2012. The location of the checkpoint will be northbound Newport Blvd. at Finley Ave. The approximate hours of operation will be from 8:00 p.m. until 3:00 am.
The checkpoint location was selected based upon its proximity to sites with higher concentrations of DUI crashes and arrests. This location, also near bars and restaurants, provides a high degree of visibility to the motoring public. Site determination was also based upon roadway configuration, sight distances, traffic volume, lighting, and motorist safety.
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If you have any questions for the Best DUI Lawyer in Orange County (and the most humble), call me at (877) 568-2977
 Newport Blvd (Photo credit: boutmuet)
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Friday, February 24th, 2012
Our Orange County DUI Attorneys have learned that the Buena Park Police Department announced it is running a DUI stop from 7 tonight through 2 a.m. Saturday near Beach Boulevard and Stanton Avenue.
Officers will be searching for signs of drug or alcohol impairment behind the wheel, but they will also be on the lookout for unlicensed drivers while vowing to strive to delay motorists only momentarily.
Drivers caught driving impaired can expect jail, license suspension, and insurance increases, as well as fines, fees, DUI classes, and other expenses that can exceed $10,000, which can be minimized in certain circumstances by having an Orange County DUI specialist assist in the case.
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Friday, February 24th, 2012
Our DUI Lawyers in Orange County have learned that former football player of the University of Georgia Bulldogs, Knowshon Moreno, was recently arrested for a DUI in Colorado.
Moreno, who now plays for the Denver Broncos (or as they are now known, the Tim Tebows), was pulled over in a Bentley convertible, apparently for going 70 in a 45 zone.
The officer on the Knowshon Moreno DUI stop smelled alcohol and carried out a roadside sobriety test and a breath test.
And, of course, as with many a celebrity arrest, there’s bound to be an odd detail. In this case, Moreno’s Bentley has a personalized license plate which says, SAUCED. That kind of plate probably doesn’t help much in DUI stops.
In Hines Ward’s case, he turned down the Breathalyzer test.
On the whole, Colorado’s DUI Laws are not too different than the DUI laws in California. They both have a 0.08 BAC limit for adults and 0.02 for underage drinkers. One noticeable difference is that Colorado allows a higher BAC for an aggravated charge. It is unclear, currently, where Moreno falls on the BAC level.
It will be worth following this story in the future, especially to see what kind of plea, if any, Knowshon Moreno enters before a court, and what, if any, penalties he will face as a result of his conduct.
Not to mention WWTTS: What would Tim Tebow say?
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Friday, February 24th, 2012
As our Los Angeles DUI lawyers have learned, LA County Sheriff’s official Natalie Salazar is facing DUI charges after being found passed out in her car on the 210 freeway.
CHP says they responded to several calls and found Salazar passed out with her head on the steering wheel, according to KTLA.
Her blood alcohol level was more than twice the legal limit – a whopping 0.20.
This will be Salazar’s second time being cited for driving under the influence. She was originally popped back in 2009.
Salazar is in charge of the Community/Law Enforcement Partnership Program.
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Friday, February 24th, 2012
Our DUI Lawyers Orange County have learned that the “Avoid the 12” Orange County DUI Campaign is going to be very active in Orange County, CA, this Superbowl Weekend.
Law Enforcement joins with the national “Fans Don’t Let Fans Drive Drunk” message from the National Football League (NFL), the California Office of Traffic Safety (OTS), the National Highway Traffic Safety Administration (NHTSA), and Techniques for Effective Alcohol Management (TEAM) Coalition. The “Avoid the 12” DUI Task Force will be deploying special roving DUI patrols on Sunday, February 5th in several communities throughout the area looking to stop and arrest drivers who are impaired by alcohol or drugs. These DUI patrols, along with regularly scheduled patrol officers, are looking for signs of an intoxicated driver behind the wheel.
“We want everyone to make the right decision on Super Bowl Sunday,” said Chris Murphy, Director of the California Office of Traffic Safety. “Having a designated sober driver should be an obvious call in everyone’s playbook. Making sure designated sober drivers know how much we appreciate their responsible decision is what will make this year’s celebration extra special – and extra safe.”
If you are hosting a Super Bowl Party:
• Make sure all of your guests designate their sober drivers before kickoff or help arrange ridesharing with other sober drivers
• Serve plenty of food
• Offer a variety of non-alcoholic choices like non-alcohol beers, soft drinks, juice, and water
• Serve one drink at a time and serve measured drinks
• Determine ahead of time when you’ll stop serving alcohol, such as one hour before the end of the party or at the end of the third quarter of the game (just like NFL stadiums) and begin serving coffee and dessert
If you are attending a Super Bowl party or watching at a sports bar or restaurant:
• Designate a sober driver before the party begins.
• Avoid drinking too much alcohol too fast. Pace yourself—eat enough food, take breaks and alternate with non-alcoholic drinks.
• Take appropriate steps to prevent anyone from driving while impaired. Remember, “Fans Don’t Let Fans Drive Drunk.”
• Always buckle up – it’s your best defense on the road
Enjoy the game. And always, if you have questions for our Orange County DUI Lawyers, contact me at (877) 568-2977.
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Friday, February 24th, 2012
Our DUI Lawyers Long Beach have learned from an excellent article that the sanction of California’s newest law regarding the impounding of vehicles at sobriety checkpoints has made an impression on both civilians and law enforcement.
Effective Jan.1, the police are no longer able to tow a vehicle at a DUI (driving under the influence) checkpoint if the driver’s only offense is that he or she is unlicensed (no license or license is invalid – suspended, revoked or expired).
This law was endorsed by California state Sen. Gil Cedillo, D- Los Angeles, an avid supporter of immigration rights; and according to reports, it was primarily because DUI checkpoints inadvertently yet apparently set up traps for unlicensed drivers, where illegal immigrants seemed to be primary targets, and the towing of vehicles resulted in a relatively generous amount of income for cities.
“People are still going to be stopped for driving without a license at a checkpoint and show up in court and answer why they are driving a car. Just for the checkpoint, we can’t take the car,” said Sgt. Randy Latimer of the Oxnard Police Department.
“However, at the end of the checkpoint, if no one (registered owner or licensed driver) picks it up, we will tow it. Also, on the street, if an officer stops an unlicensed driver, the car will be impounded for 30 days,” he added.
Collectivo Todo Poder al Pueblo (Power to the People Collective) is an Oxnard-based organization that is dedicated to migrant justice in Ventura County, and actively protests at checkpoints.
“Checkpoints were traps and were being set up in heavily residential areas to apprehend citizens who lack papers. If you look at numbers of DUI suspects, they were very low, and they were apprehending dozens of unlicensed drivers and holding their cars for ransom,” said Elliott Gabriel, a spokesperson for Todo Poder.
“The tow truck companies are making money and the police are paid overtime by grants. It’s a racket benefiting at the expense of the most vulnerable section of the community,” Gabriel said.
With a 30-day impound, a driver could pay more than $1,000 in fines and fees to reclaim a vehicle.
In Camarillo, of the 172 vehicles impounded in 2011, 42.4 percent (73 vehicles) were not claimed.
Slow night at a sobriety and license checkpoint on Channel Islands and M Street in Oxnard on Jan. 28.
A Ventura County officer explained that the majority of cars are not retrieved after 30 days, because the driver either still has no license or has one that is invalid. This leads to the transfer of vehicles to towing companies for auction.
Jose (who wished to have his true identity withheld), an illegal immigrant driver in favor of the new law, has had his car impounded and has been deported once back to Mexico.
While driving home at night in late 2010, he was pulled over after stopping at a traffic light. “The police followed me with their lights on from the light to when I parked and came and asked if I’m OK,” he said.
Jose was then asked for his license and registration, to which he admitted he did not have either.
“I said I have no license, they said it’s against the law.”
He explained that, after revealing he had no license, he was immediately asked if he had been drinking, and he admitted having had a couple of beers earlier. Jose was asked to step out of the car and perform field sobriety tests (FSTs).
“I did a lot of walking and counting and it take so long,” he recalled. “Then I did the breathing test and I got 0.08. I thought 0.08 was the legal limit.”
Jose was subject to more questions about his alcohol intake and his whereabouts that night and eventually was taken to the police station under suspicion of DUI. Once at the station, he explained, he submitted to a breathalyzer, this time resulting in a 0.09 blood alcohol level, an increase from his original 0.08 percent.
According to Jose, after his second breathalyzer, the officer told him, “0.09 is DUI. You gotta obey the law. You’re under arrest.”
Jose remembered his confusion. “I did the test the first time and I wasn’t 0.09 before, but they don’t care. So I went to jail.”
Jose’s car was impounded, costing him more than $1,500. Like law enforcement, impound lots are not friendly, in his opinion.
“The people at the impound say they don’t have anyone who speaks Spanish when you call. This is Oxnard!” Jose said.
One of several Todo Poder advocates during a “checkpoint action” to warn motorists.
One of his friends, also an illegal immigrant, recently had a bad experience, Jose said. After being in a minor car accident, the friend admitted his illegal status (no license) to the California Highway Patrol officer on site, and eventually, all involved persons were allowed to leave; but once in his vehicle, the CHP officer approached and asked for license and registration – with prior knowledge of the answer. With nothing to produce, the vehicle was towed.
“The police will always find a way to tow your car,” Jose said. “Also, at the impound, people stole things from my friend’s car. I think it’s really mean, taking things from your car.”
After his DUI arrest in 2010, Jose was deported back to Mexico and then came back to the states.
“I have my family here. I’m trying to make money and I don’t want to go back to Mexico. I don’t want to break my family,” he explained.
Jose works six days a week, at least 10 to 12 hours a day. “People think we (illegal immigrants) are just here getting babies and going to welfare, but that’s not true. We have to work all those hours. People on welfare don’t do that.”
He plans to continue working and supporting his family, and hopes not to have any more encounters with law enforcement.
“Sometimes, not very much, you can get a nice police officer, but most of the time, they have bad moods. How they talk to you and treat you like animals. I haven’t killed nobody, hurt nobody, they can’t even look you in the eye. The law, it’s easier on American citizens, but if you’re illegal, they wait for you, impound your car and make some money,” stated Jose.
Jose is grateful for the new checkpoint law. Although it only applies at checkpoints, he is still happy because, before this year, he believed that checkpoints were a place for law enforcement to target unlicensed drivers.
“Now I will be more comfortable to go through a checkpoint, and if they try to take my car just because I don’t have a license, I will say, ‘Sorry, you can’t take my car, sir!’ ” he said with enthusiasm.
Aside from a profit in towing, there has also been controversy over the possibility that illegal immigrants, like Jose, have been targeted in the DUI checkpoint process — an immigration hunt rather than sobriety enforcement.
“The purpose of checkpoints is mainly for public information and a deterrent for drunk driving,” said Latimer. He clarified that the license and DUI check are both important safety parts of a checkpoint, and are not specifically used to catch unlicensed drivers.
Senior Officer Jaime Brown, currently in the traffic division of the Oxnard Police Department and a 14-year law enforcement veteran, explained, “We are just checking all the drivers to make sure they have proper licenses and make sure they’re not drinking and driving.”
The National Highway Traffic Safety Administration (NHTSA) recently credited California’s record-breaking decreased DUI-related incidents to increased checkpoint activity throughout the state.
An unlicensed driver being questioned by two members of the Oxnard Police Department; one served as a translator.
The accusation of using checkpoints to target unlicensed and, specifically, illegal immigrants (drivers) is disputed by law enforcement throughout Ventura County, with Brown simply responding, “Absolutely not true.”
“We look at solely collision and DUI stats to find where we will set up a DUI checkpoint. We never ever look at the area of town that we will find most unlicensed drivers. Never does it come in that we look at demographic,” clarified Latimer.
Oxnard is the largest city in Ventura County, with higher rates of DUI-related incidents as well as an estimated greater population of illegal immigrants and drivers compared to other cities in the county.
Not only do activists question the purpose of checkpoints, but also how local law enforcement presents its intentions, and even the signs at the checkpoint.
“The police say they want to warn people that there are checkpoints ahead, but they set up in very dim streets like Ventura Road and Channel Islands Boulevard, and the warning signs they put up are in English in a predominantly Spanish-speaking community,” Gabriel said. “By the time people see the signs, they are too far in to turn around.”
At checkpoints, law enforcement personnel give drivers advance notice with the “checkpoint ahead” warning signs, which are located near a “way out,” a courtesy that Brown said is not mandatory.
Todo Poder often protests at checkpoints, in what it calls “checkpoint action.” In these protests, it sets up near a DUI checkpoint, with flashing lights and bright orange lights and warning signs (some in Spanish) about what lies ahead.
The group has two goals: to monitor the checkpoint and police actions, making sure they do not violate anyone’s rights, and to warn drivers that there is a checkpoint in case they are unlicensed.
According to Gabriel, “The response we got from the community was overwhelmingly positive. People brought us coffee, honked their horns ….”
The Office of Traffic Safety (OTS), which annually funds Oxnard and Ventura DUI-related programs, recently released a report detailing the state’s checkpoint results.
In 2011, there were 2,089 checkpoints conducted in California, and of the 20,154 drivers who performed FSTs, 29.59 percent (5,964) were arrested for drunk driving while 2.35 percent (474) were arrested for driving under the influence of drugs. It does not state how many were unlicensed.
“Checkpoints, saturation patrols, they’re all tools we use to make the streets safer and the fact that we’ve seen reductions, I know that we’re doing the right thing and keep people from driving without licenses,” said Latimer.
According to AAA’s 2008 follow-up research study to its previous #Unlicensed to Kill# report, unlicensed drivers are still involved in one of every five fatal crashes.
This nationwide study consisted of statistical averages from 2001 to 2005, concluding that, yearly, 8,030 unlicensed drivers were involved in 19.9 percent (7,679) of all fatal crashes, resulting in 20.5 percent (8,801) of all deaths involving vehicle crashes.
No statistics were available from Ventura County regarding unlicensed driver collisions but Brown estimated that five out of 10 traffic collisions in Oxnard were caused by unlicensed drivers.
“Proper training is important for traffic safety,” added Latimer.
Advocates for unlicensed illegal immigrant drivers agree, but not entirely.
“The safety factor is a problem. However, we feel that undocumented residents have no other recourse but to drive and should not have to dwell in this legal gray area. We feel that they should gain access to drive and that would solve a lot of the problem,” explained Gabriel.
Regardless of the fact that the new law only applies to checkpoints, it clearly has made an impact on both law enforcement and those opposed to checkpoints.
“(The new law) just makes it harder when unlicensed drivers have access to a car. I see the people’s side but at the same time, it’s like the law is letting us down a little bit by not letting us take the car away. In California, the law states, when you don’t have a driver’s license, you can’t drive,” said Sr. Officer Brown.
Gabriel said he believes it is one step closer to their goal.
“This law represents a partial victory for migrant justice, because now DUI checkpoints are getting back on track rather than focusing on unlicensed drivers,” he said. “It’s a partial victory because our main goal is to see undocumented residents gain a driver’s license and be subject to tests like everyone else.”
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