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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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have learned that the city of Costa Mesa has received a state grant for DUI enforcement.  The grant activities will specifically target DUI offenders, Motorcycle Safety, drivers with suspended or revoked licenses, red light running, speeding, and seatbelt violations. This will be done through the use of DUI/driver’s license checkpoints, special enforcement operations, and court stings where DUI offenders with suspended or revoked licenses get behind the wheel after leaving court.

“Thanks to the dedicated hard work of agencies like the Costa Mesa Police Department, California has the fewest traffic fatalities since 1944,” said OTS Director Christopher J. Murphy. “While this is good news, we know that only by keeping the pressure on through enforcement and public awareness can we hope to sustain these declines and save lives.”

DUI/Drivers License Checkpoints are a key component of the grant. These highly visible, widely publicized events are meant to deter impaired driving, not to increase arrests, and law enforcement admits they are not effective at getting drunk drivers arrested.  If you have any questions for a DUI Specialist Orange County, call me anytime, at (877) 568-2977.

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DUI laws, being more of a political animal than a legal one, are something that California politicians tinker with each and every year, without fail.  This year, 2012, two measures signed into law alter DUI penalties in noteworthy ways.  Consider this our New Year’s Gift to you from our DUI lawyers Orange County.

AB 353 prohibits law enforcement from impouding a vehicle at a sobriety checkpoint if the driver’s only offense is not having a valid driver’se license.  Police must also make a reasonable attempt to identify the registered owner of the vehicle in order to release the vehicle to the registered owner or to a licensed driver authorized by the registered owner.

AB 520 allows a person convicted of alcohol related reckless driving (known as a “wet reckless”) to apply for a restricted license early if he or she complies with specified requirements, including the installation of an ignition interlock device.  If you have questions for a DUI lawyer Newport Beach, call me at (949) 682-5316.

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• Huntington Beach DUI checkpoints “not mean to increase arrests” (ocduiblog.com)
• Orange County DUI Crackdown results in 255 arrests in one week (ocduiblog.com)

Our DUI Lawyers Orange Countyhave learned, through a press release sent to us from the Huntington Beach Police Department, that the PD believes that, even though they have a grant for DUI checkpoints, that they will not increase arrests.  As they state, “DUI/Drivers License Checkpoints are a key component of the grant. These highly visible, widely publicized events are meant to deter impaired driving, not to increase arrests.”

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• Orange County DUI Checkpoints: New Year’s Eve edition (ocduiblog.com)

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have learned that The Orange County Crime Laboratory (OCCL) has received a $350,000 grant from the California Office of Traffic Safety to purchase new instrumentation for increased identification and quantitation of prescription and abused drugs for cases when driving under the influence of Drugs (DUID) is  suspected. This technology will provide more comprehensive toxicological testing of DUID case  samples. Obtaining these additional equipment funds was done in cooperation with and through the  assistance of the Orange County District Attorney’s Office.

In recent studies, 23 percent of all fatally injured drivers tested positive for drug involvement. In another study where drivers voluntarily allowed for testing, more tested positive for marijuana (8.4 percent) than for alcohol (7.6 percent).

If you have any questions for our DUI Lawyers Newport Beach, call (877) 568-2977, anytime.

The multi-agency crackdown from Dec. 16 to Jan. 1, known as “Avoid the 38,” involved the California Highway Patrol, the Orange County Sheriff’s Department and police departments. There were no reported DUI fatal collisions.

During the 17-day holiday enforcement period the previous year, 743 people were arrested for driving under the influence, according to the “Avoid” database.

Numerous patrols and checkpoints were scheduled countywide during the New Year weekend in Laguna Niguel, Laguna Beach, Huntington Beach, La Habra, Westminster, Anaheim, Buena Park and Placentia.

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have learned of significant law enforcement activity geared towards obtaining the maximum number of DUI arrests before the year is out.  Even though drunken driving caused-deaths have dropped to a record low, authorities are out in full force this holiday season and have so far made nearly 600 DUI arrests, mainly due to roving patrols and numerous checkpoints.  Orange County DUI enforcement agencies have arrested more than 580 people on suspicion of driving under the influence from Dec. 16-28, according to the anti-DUI campaign known as “Avoid”.

The multiagency crackdown involves the California Highway Patrol, the Orange County Sheriff’s Department and police departments and lasts through Jan. 2.

During the 17-day holiday enforcement period last year, 743 people were arrested for driving under the influence, according to the “Avoid” database.

Numerous patrols and checkpoints are scheduled across the county this weekend in Laguna Niguel, Laguna Beach, Huntington Beach, La Habra, Westminster, Anaheim, Buena Park and Placentia.

This push against alcohol-imp

State-by-state data for 2010 released by the National Highway Traffic Safety Administration shows a decline in drunken driving fatalities in 32 states. Compared with 2009, California and Florida saw the largest reductions — with each declining by more than 100 fatalities last year.

In California, the number of DUI deaths dropped to a record low of 791 last year, compared to 950 in 2009, said the California Office of Traffic Safety.

According to the Office of Traffic Safety, figures from the NHTSA show that statewide DUI deaths increased yearly from 1998 to 2005, but have decreased every year since 2005.

In Orange County, DUI deaths have consistently dropped between 2006 and 2010, NHTSA figures show. Last year, there were 36 reported DUI deaths in Orange County, compared to 44 in 2009.

“This marks a huge milestone in the fight against drunk driving,” said Christopher J. Murphy, director with the California Office of Traffic Safety.

Last year, the traffic safety office has allocated $16.8 million in federal funds to law enforcement agencies to conduct 2,553 DUI checkpoints, up from the $11.7 million provided for 1,740 checkpoints in 2009.

Free rides

To alleviate the dangers of drunken driving, agencies are offering free services for end-of-the year celebrations.

The Orange County Transportation Authority is providing free bus rides between 6 p.m. Dec. 31 and 2:30 a.m. Jan. 1.

“We encourage those out celebrating New Year’s Eve in Orange County to leave behind their cars and enjoy a free ride on the bus,” said OCTA Chair Patricia Bates, also the 5th District Supervisor. “Knowing that an OCTA bus is there to get residents home safely is something that can give everyone peace of mind this holiday season.”

Last year, there were 15,540 free New Year’s Eve boardings, OCTA officials said. Since the program began in 2002, more than 102,000 boardings have been counted.

The Automobile Club is offering its free Tipsy Tow service from 6 p.m. Dec. 30 to 6 a.m. Jan. 1, to help remove drinking drivers from the road. The service is available in the 13 Southern California counties served by the Auto Club.

To use the service, motorists can call 800-400-4AAA for a free tow home of up to seven miles. For rides farther than seven miles, drivers can expect to pay the rate charged by the tow-truck driver.

For more information on the OCTA New Year’s Eve service and to check bus routes and schedules, visit octa.net or call 714-636-7433.

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Orange County Sheriff’s Department will be conducting a DUI/Drivers License Checkpoint in Laguna Niguel on Friday, Dec. 30 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.

Be careful out there.

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Our Newport Beach DUI Lawyers have learned that the Irvine Police Department conducted a sobriety checkpoint during the evening hours on Friday, December 23^rd.  The checkpoint was located on Culver Drive at Farwell in the City of Irvine. Sobriety checkpoints are held by law enforcement to raise revenue and funding for police departments, even if they are typically not very effective at apprehending drunk drivers.  The following is a summary of the activity at the checkpoint:

Vehicles Stopped: 611

Sobriety Testing Conducted: 4

DUI Arrests:  3

Other Citations: 27

Although the DUI rate has been dropping independent of police activity, The California Office of Traffic Safety credits DUI checkpoints in 2010 as partly responsible for the reduction in DUI deaths.  According to the California Office of Traffic Safety, Nationwide deaths in crashes involving drunken drivers dropped 4.9 percent in 2010, taking 10,228 lives compared with 10,759 in 2009. But they dropped 14 percent in California, a sharp decrease that continues an overall trend over a decade due to other social and economic factors.

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