Our Newport Beach DUI Lawyers have been tipped off by the police that the Newport Beach Police plan a DUI checkpoint from 7:30 p.m. Friday to 3 a.m. Saturday on northbound Dover Drive at 16th Street in Newport Beach.

Screening will last a bit longer than Newport Beach’s typical six-hour checkpoints, but still isn’t expected to produce a large number of arrests, as the tactic is mainly employed to obtain federal and MADD funding, and DUI checkpoints have been proven ineffective.

The location is a common one for checkpoints in Newport Beach, along with the Newport Boulevard exit from the Balboa Peninsula and Jamboree Road near Santa Barbara Drive.

Newport Beach police also conduct regular “saturation patrols” where officers devoted to spotting drunk drivers are deployed across town, which is a tactic with a much higher rate of apprehending those driving drunk, according to the Orange County DUI Lawyers practicing in the area.

Our Newport Beach DUI Lawyers have learned that drunken drivers will be targeted this holiday weekend through enforcement patrols and DUI checkpoints.

California Highway Patrol officers will begin their maximum enforcement period Friday at 6:01 p.m. and will continue until 11:59 p.m. Sept. 6.

During Labor Day weekend last year, CHP officers throughout the state made 1,417 arrests for driving under the influence, and because DUI arrests are so profitable, they are looking to substantially increase that number, justified our not.

Likewise, city police departments have scheduled DUI and driver’s license checkpoints and some will conduct saturation patrols. DUI checkpoints are not nearly as effective as saturation patrols (officers, in vehicles, looking for driving related offenses that indicate DUI), not by a long shot, but catching unlicensed drivers, which can mean 30-90 days of impound fees, plus federal matching funds and MADD funding and volunteering for DUI checkpoints, means big money for DUI checkpoints, even if they are noneffective.

Brea Police is holding a DUI and driver’s license checkpoint on Friday from 9 p.m. to 2 a.m. on Imperial Highway east of Valley View in Yorba Linda.

The Placentia Police Department is conducting its checkpoint on Friday from 6 p.m. to 12 a.m. Police would not say where the checkpoint will be, only that it would be within the city.

Other scheduled checkpoints are taking place in Anaheim on Friday and La Habra on Saturday. Locations and times were not provided.

Scheduled saturation patrols will take place on Friday and Sunday in Orange – which hosts the popular International Food Fair this weekend — and Saturday in Irvine.

The cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Los Alamitos, Lake Forest, Laguna Niguel, and Tustin also scheduled saturation patrols during the enforcement period.

The Costa Mesa Police Department got an early start on their DUI enforcement, setting up a checkpoint at the Bristol Street and Randolph Avenue intersection Tuesday night.

Throughout the night, 1,181 drivers went through the checkpoint, resulting in the arrest of four drivers, according to the department. Two additional arrests were conducted as a result of the checkpoint, one of which was a drug possession arrest.

A total of 18 citations were issued and 15 vehicles were towed.

In Cypress, the police department set up a checkpoint that began at 8 p.m. Saturday and continued until 3 a.m. Sunday. Throughout the night, 733 vehicles went through the checkpoint that resulted in one DUI arrest, according to the department.

Be careful out there, and if you have questions for Orange County DUI Lawyers, feel free to contact me at (888) 292-8888, anytime.

Our Orange County DUI Lawyers have learned that there are DUI Checkpoints Planned in Redondo Beach

Redondo Beach, CA – Officers from the Redondo Beach Police Department announced its officers will be conducting DUI/Drivers License Checkpoints partnering with thousands of other law enforcement, which began August 21st throughout the county.

Funding for the Checkpoint is through a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, and DUI arrests can be a significant source of revenue and funding for local law enforcement.

“Statewide, DUI deaths fell 9 percent to 1,029 in 2009. Credit for the drop in DUI deaths goes to law enforcement, state and local agencies, Mothers Against Drunk Driving and other safety advocates,” said Christopher Murphy, Director of the California Office of Traffic Safety.

“In addition, the people of California have come together to address this deadly problem and are now seeing results.

As positive as these figures are, though, we can never let up until we achieve our goal of zero deaths.”

“Drunk driving is simply not worth the risk.

Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said Police Chief Joe Leonardi.

“Violators will face jail time, the loss of their driver’s license, higher insurance rates, attorney fees, time away from work, and dozens of other expenses.

So don’t take the chance. Remember, if you are caught over the limit, you will be placed under arrest.”

“Law enforcement everywhere is asking for the community’s help; if you see a Drunk Driver – Call 911,” said Chief Leonardi.

“In addition to this checkpoint I’ve asked everyone in my department to focus additional efforts toward removing an impaired driver during the campaign period and everyday they are on patrol.”

For more information, visit www.StopImpairedDriving.org and www.californiaavoid.org. Media Notes: To schedule an interview regarding Anti Drunk-Driving efforts, or request a ride-along with law enforcement during the holiday period, please contact Scot Martin at (310) 318-0621.

Traffic Supervisor 401 Diamond Street, P.O. Box 639 Tel #310 379-2477 ext 2721
Sgt. Paul Burch Redondo Beach, California 90277-0639 Fax #310 937-6628
www.redondo.org
FOR IMMEDIATE RELEASE: 08-26-10
CONTACT: Scot Martin, (310) 318-0621

Authorities will be out in full force this holiday weekend looking for drunken drivers through enforcement patrols and DUI checkpoints.

California Highway Patrol officers will begin their maximum enforcement period Friday at 6:01 p.m. and will continue until 11:59 p.m. Sept. 6.

During Labor Day weekend last year, CHP officers throughout the state made 1,417 arrests for driving under the influence.

City police departments have scheduled DUI and driver’s license checkpoints and some will conduct saturation patrols.

Brea Police is holding a DUI and driver’s license checkpoint on Friday from 9 p.m. to 2 a.m. on Imperial Highway east of Valley View in Yorba Linda.

“If we catch you driving impaired, we will arrest you. No exceptions. No excuses,” said Sgt. Bill Smyser.

“We will be contacting 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 Yorba Linda,” Smyser added.

The Placentia Police Department is conducting its checkpoint on Friday from 6 p.m. to 12 a.m. Police would not say where the checkpoint will be, only that it would be within the city.

Other scheduled checkpoints are taking place in Anaheim on Friday and La Habra on Saturday. Locations and times were not provided.

Scheduled saturation patrols will take place on Friday and Sunday in Orange and Saturday in Irvine.

The cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Los Alamitos, Lake Forest, Laguna Niguel, and Tustin also scheduled saturation patrols during the enforcement period.

The Costa Mesa Police Department got an early start on their DUI enforcement, setting up a checkpoint at the Bristol Street and Randolph Avenue intersection Tuesday night.

Throughout the night, 1,181 drivers went through the checkpoint, resulting in the arrest of four drivers, according to the department. Two additional arrests were conducted as a result of the checkpoint, one of which was a drug possession arrest.

A total of 18 citations were issued and 15 vehicles were towed.

In Cypress, the police department set up a checkpoint that began at 8 p.m. Saturday and continued until 3 a.m. Sunday. Throughout the night, 733 vehicles went through the checkpoint that resulted in one DUI arrest, according to the department.

Authorities will be out in full force this holiday weekend looking for drunken drivers through enforcement patrols and DUI checkpoints, our Newport Beach DUI lawyers have learned.

California Highway Patrol officers will begin their maximum enforcement period Friday at 6:01 p.m. and will continue until 11:59 p.m. Sept. 6.

During Labor Day weekend last year, CHP officers throughout the state made 1,417 arrests for driving under the influence.

City police departments have scheduled DUI and driver’s license checkpoints and some will conduct saturation patrols.

Brea Police is holding a DUI and driver’s license checkpoint on Friday from 9 p.m. to 2 a.m. on Imperial Highway east of Valley View in Yorba Linda.

“If we catch you driving impaired, we will arrest you. No exceptions. No excuses,” said Sgt. Bill Smyser.

“We will be contacting 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 Yorba Linda,” Smyser added.

The Placentia Police Department is conducting its checkpoint on Friday from 6 p.m. to 12 a.m. Police would not say where the checkpoint will be, only that it would be within the city.

Other scheduled checkpoints are taking place in Anaheim on Friday and La Habra on Saturday. Locations and times were not provided.

Scheduled saturation patrols will take place on Friday and Sunday in Orange and Saturday in Irvine.

The cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Los Alamitos, Lake Forest, Laguna Niguel, and Tustin also scheduled saturation patrols during the enforcement period.

The Costa Mesa Police Department got an early start on their DUI enforcement, setting up a checkpoint at the Bristol Street and Randolph Avenue intersection Tuesday night.

Throughout the night, 1,181 drivers went through the checkpoint, resulting in the arrest of four drivers, according to the department. Two additional arrests were conducted as a result of the checkpoint, one of which was a drug possession arrest.

A total of 18 citations were issued and 15 vehicles were towed.

In Cypress, the police department set up a checkpoint that began at 8 p.m. Saturday and continued until 3 a.m. Sunday. Throughout the night, 733 vehicles went through the checkpoint that resulted in one DUI arrest, according to the department.  If you need the services of our Orange County DUI Lawyers, don’t hesitate to contact us at (714) 568-1560 anytime.

Lawrence Taylor, in his excellent duiblog (duiblog.com), points out that “breathalyzers” do not measure alcohol: they actually measure the presence of a molecular group in chemical compounds. Ethyl alcohol (aka ethanol) contains the group, and so when the machine detects its presence (or, more accurately, infrared energy is absorbed by it), it simply assumes that the detected compound must be ethyl alcohol.

Problem: there are thousands of compounds containing the molecular group — of which well over one hundred have been found on the human breath.

Breathing gasoline or paint fumes, for example, or merely absorbing the fumes through the skin, can create false breath test results for days afterwards. And as Dean taylor has posted in the past, the problem is particularly acute when the suspect happens to be a diabetic, as diabetics often have high levels of acetone in their breath — a compound which contains the group in its molecular structure.

However, you do not need to be a diabetic to have high levels of acetone. Scientific research has established that acetone can exist in perfectly normal individuals at levels sufficient to cause false high breath-alcohol test readings.  See “Excretion of Low-Molecular Weight Volatile Substances in Human Breath: Focus on Endogenous Ethanol”, 9 Journal of Analytical Toxicology 246 (1985).

Fasting or radical dieting, such as with the Atkins diet, can also cause significantly elevated acetone. Studies have concluded that fasting, for example, can increase acetone in the body sufficient to obtain breathalyzer readings of .06%.  This is cumulative — that is, the .06% will be added by the machine to any levels actually caused by alcohol or other compounds.  Thus, a true breath alcohol of .03%, for example, would be reported by the machine as .09%. “The Likelihood of Acetone Interference in Breath Alcohol Measurement”, 3 Alcohol, Drugs and Driving 1 (1987).  And low-carbohydrate diets have long been associated with high levels of acetone production.

Of course, for many years law enforcement denied that any such problem existed.

How reliable are breathalyzers? Not very.

In what can only be called “guilty until proven innocent”, California defense attorney Jon W. Woolsey got a court order requiring the California Highway Patrol to turn over any templates or forms used by the officer who arrested his client for DUI.  The following is the template that was used:

FIELD SOBRIETY TESTS

All FST’s were explained and demonstrated.  I asked Name if he/she understood each test completely and he/she stated that he did.  All tests were performed on a Location dirt/asphalt Parking lot/Shoulder that was free of debris.  The weather was cool, clear/cloudy, and daylight/dark.

1)Horizontal Gaze Nystagamus:

Name eyes showed lack of smooth pursuit, distinct nystagmus at the extremes and an onset prior to 45 degrees.  Name’s eyes showed vertical gaze nystagmus.

2)One leg stand:Name lifted his/her right/left foot and dropped it immediately on the count of 1000.

3)Romberg:Name estimated 30 seconds in 0000 seconds.  Name body swayed in a circular motion 1 to 2 inches from center of mass.

4)Finger Count:I explained the test to Name

5)Preliminary Alcohol Screening Device:

I admonished Name regarding the Preliminary Alcohol Screening Device (PAS) and he/she agreed/refused to take the test.  I administered the PAS to Name at 0000 and 0000 hours with BAC results of .000% and .000%.

Other Factual Information:

All times are approximate and may vary from the times on the Preliminary Alcohol Screening Device, the breath test and times provided to me by dispatch.

First Observations:

On 0-00-07 I was on routine patrol in a fully marked CHP patrol vehicle, with my partner officer nnn.  I was traveling

Observations After Stop:I contacted the driver and advised him/her the reason for the stop.  As I spoke with the driver I smelled the strong odor of an alcoholic beverage emitting from his/her breath.  I noticed that the driver had red watery eyes, as well as slow and slurred speech.  I asked the driver for his/her driver’s license, which he/she provided me.  I identified the driver using his/her CaliforniaDriver’s License as John Doe 00-00-00. I asked the driver if he/she had anything to drink and he stated, “–.”  I asked the driver to exithis/her vehicle and meet me at the right front of my patrol vehicle.  I noticed that as the driver walked he had an unsteady gate.  As I spoke with the driver I noticed that he/she had an odor of an alcoholic beverage emitting from his/her breath and person.  I also noticed that the driver was unsteady on his/her feet swaying in a circular motion 1 to 2 inches from center of mass, he/she had slow slurred speech, and red and watery eyes.  I advised the driver that I smelled a strong odor of alcohol emitting from his/her breath and askedhim/her how much he/she had to drink and he/she stated, “—-.”  I explained and demonstrated several FST’s to Name, which he/shecould not complete as explained and demonstrated.  

Arrest: Based on my observations of Name’s driving, Name’s objective signs of alcohol intoxication, and his/her performance on the FST’s, I formed the opinion that Name was driving under the influence of an alcoholic beverage and unable to safely operate a motor vehicle.  I placed Name under arrest for 23152 (a) CVC at 0000 hours.  I advised Name of implied consent and he/she chose theblood/breath test.  I booked Name into the Sonoma County Jail.

Recommendations:

I recommend a copy of this report be forwarded to the Sonoma County District Attorney’s for review, and that Name be prosecuted for violation of 23152 (a) CVC driving under the influence of an alcoholic beverage, and _____

Basically, the report tells the officer what he should have seen — not what he actually saw.   And as any honest cop will tell you, drunk driving cases rarely follow such a neat, pre-described script.  But it is convenient.  And avoids messy complications – like the actual facts.

One size fits all.  Our Newport Beach DUI Lawyers have seen this, unfortunately, way too often.

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.”

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.

The Memorial Day Weekend “Avoid the 38” – DUI Campaign concluded this past weekend with the deployment in Orange County of two Sobriety Checkpoints along with DUI Saturation Patrols focusing special attention towards drivers.  Our Newport Beach DUI Lawyers warned you about these DUI Checkpoint Locations in Orange County at the start of the Memorial Day holiday weekend.

From 12:01 AM Friday, May 28, 2010 through Midnight Monday, June 1, 2010 officers representing the “Avoid the 38” Task Force arrested 142 individuals for driving under the influence of alcohol or drugs in the State of California.   There were no DUI deaths reported during this time period.

(**NOTE: These numbers are only provisional with some agencies yet to report**)

Law enforcement officials will be conducting more “Avoid” anti-DUI efforts throughout the county and region during the July 4^th weekend and the 18 day campaign in August ending Labor Day weekend.

You can visit the AVOID website at www.californiaavoid.org for more information about anti DUI efforts in Orange County, or around the state.