Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

Our Orange County DUI Attorneys have learned that the City Council on Wednesday will consider an addition to an existing ordinance that clearly defines what types of emergency response costs would be billed to drunk drivers who cause accidents.

Westminster is one of at least 14 Orange County police departments that have a program requiring drunk drivers involved in a collision to pay for costs relating to emergency services as well as salaries of emergency personnel, according to a staff report. Anaheim, Huntington Beach, Costa Mesa and Los Alamitos have similar programs.

The proposed addition says that intoxicated drivers can be billed for all costs incurred by the city in responding to the incident. This includes salaries of the police and fire personnel, cost of equipment on scene, the cost of repairing or replacing equipment damaged at the scene, medical assistance, cost of investigations including conducting field sobriety tests and costs related to time spent transporting and booking the suspect, conducting chemical tests and writing reports.

Under the law, an intoxicated driver who causes an accident could face a bill as high as $12,000, according to the staff report. The ordinance also provides for an appeal process.

Police officials have said the current cost of a DUI arrest, including vehicle storage fees, license suspension, insurance rate increases, fines, DUI classes and other expenses, can add up to more than $10,000.  If you have questions for a DUI Specialist Orange County, call me, Robert Miller, at (877) 568-2977, anytime.

Related articles

• Orange County DUI Checkpoint Locations: Buena Park and westminster (ocduiblog.com)
• Orange County DUI Arrests go up (ocduiblog.com)
• Orange County DUI Checkpoints: Santa Ana (ocduiblog.com)

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

Our Newport Beach DUI Attorneys have learned that members of the Costa Mesa Police Association packed the council chambers Tuesday night, seeking disciplinary action for Planning Commissioner Jim Righeimer’s interruption of a DUI checkpoint operation last week.

Officer Allen Rieckhof, president of the police association, said to the council that a transparent investigation to show what happened last Thursday evening is imminent.

“I can assure you that an investigation will show that none of my members did anything wrong and acted professionally in the face of a man who used his appointed position and thug-like tactics to impose his will,” Rieckhof said.

While driving south on Harbor Boulevard toward Gisler Avenue, Righeimer, who is running for City Council, passed through the checkpoint. He then parked at the nearby McDonald’s and walked up to the officers asking why such operation would be conducted during evening rush.

Police contend that Righeimer tried to intimidate officers by using his position to try to shut down the operation. But Righeimer has said that he was only questioning the wisdom of holding the checkpoint during rush hour.

Grants from the California Office of Traffic Safety funded Costa Mesa’s checkpoint, an operation that is meant to remind people of the danger of drinking and driving.

One Costa Mesa police detective described how a drunk driver changed a young couple’s lives more than 20 years ago, a story that brought Councilwoman Katrina Foley to tears.

“They had their entire lives in front of them and they had a plan,” Det. Dana Potts said. “He was to go on to college to study criminal justice and become a police officer. She was going to continue college as time would allow as a new parent.”

But while heading home with her fiance, a drunk driver ran through a red light. Potts said the subsequent crash killed the young pregnant mother and her unborn daughter. He then revealed the identity of the fiancee, which startled many in the audience.

“I was the driver of the Volkswagen, and that was my daughter,” Potts said.

City Atty. Kimberly Hall Barlow said she’s conducting the investigation and will report back to the council.

Two Costa Mesa police officers blasted a City Council candidate Tuesday over his heated objections to a police checkpoint Thursday that snarled traffic near the Harbor Boulevard exit from the I-405.

One of them told of how his pregnant girlfriend had been killed by a drunken driver 22 years ago.

Residents said the checkpoint caused delays of 30 minutes to an hour, as well as a number of near-collisions, but Costa Mesa Police Association president Allen Rieckhof said the problem was candidate Jim Righeimer’s reaction to it.

After going through the checkpoint, Righeimer parked his car, and came back to confront the officers, demanding to know who had authorized it.

Politics overshadows the dispute, as Righeimer has made opposition to high public employee salaries an issue in his campaign. The police employees union is in negotiations with the city on a new contract.

Rieckhof suggested that Righeimer used his position as a member of the city’s Planning Commission to influence the officers, although the commission is not a part of the police department’s command staff. It has authority over zoning variances and such.

Rieckhof asked the City Council to investigate whether Righeimer “used his appointed position and thug-like tactics to impose his will.”

Although several police officers who were at the checkpoint know the facts, Rieckhof did not actually accuse Righeimer, making his points by asking questions.

“I would ask the council not to get sidetracked with the reasons he got upset,” Rieckhof said, urging them to focus on whether Righeimer identified himself as a member of the planning commission or had made any threats.

Detective Dana Potts, the police association vice president, told the council about the drunken driver who killed his girlfriend, Jamie Squires, who was 7 months pregnant. On June 13, 1988, Potts, then 18, was driving the 17-year-old Squires through Fountain Valley, when a drunken driver ran a red light, killing her and the unborn girl.

Potts called Righeimer selfish for caring more about getting to a high school football game on time than about drunken driving.

City Attorney Kimberly Hall Barlow said she is investigating the incident.

“I think it’s appropriate to look at what happened or did not happen,” Mayor Allan Mansoor said. “I also think it’s appropriate not to jump to any conclusions.”

Reached for comment Tuesday night, Righeimer said, “I will continue to ask the tough questions. It is part of the democratic process. I do not care if they bus in a thousand cops with manufactured anger. I will not be intimidated.”

The checkpoint was held from 6 to 11 p.m. Thursday at Harbor Boulevard and Gisler Avenue, just south of the I-405. There were 3214 vehicles that went through the checkpoint, resulting in two arrests on charges of driving under the influence.

There were also 12 vehicles towed from unlicensed drivers.

A California Watch investigation earlier this year found that vehicle impounds far outnumbered DUI arrests at the checkpoints. It also found that the widespread impounding – which appears to violate a 2005 federal appeals court ruling – usually results in property forfeiture. Towing fees and fines generated more than $40 million in California in 2009, California Watch found.

Police officers, who work the shifts as overtime, were paid more than $30 million in 2009 to conduct checkpoints.

Studies by the Insurance Institute for Highway Safety and others have found that checkpoints are inefficient at catching drunk drivers; officers on patrol are more likely to find drunks weaving.

Mothers Against Drunk Driving advocate Vicky Macia, who spoke after the two police officers, conceded the point.

“The primary goal of a DUI checkpoint is not to arrest people,” she said. “It is to deter people.”

Councilwoman Wendy Leece echoed the remark.

“It’s just informing and reminding people to be sober,” Leece said.

In a guest column for the Daily Pilot, Costa Mesa resident Nancy Marcus wrote, “I was almost hit three times on the offramp as other drivers slammed on their brakes because of the massive traffic back-up on Harbor.”

Carl Lekawski was coming home from work when he hit the traffic, which backed up onto the offramps and all the way up Harbor to South Coast Drive.

“It took me nearly an hour and I didn’t even get to the checkpoint,” Lekawski said. “I turned before I got to it.”

Lekawski turned off at Gisler Avenue. He said many others did the same. Most of the other drivers either did u-turns on Harbor to avoid the backup, or got on the freeway to get out of the mess, he said.

Drunken drivers could have done the same, he said.

“If I were drunk, I would have tried to avoid it,” he said.

Righeimer said he was stuck for a half-hour in the traffic.

Righeimer, Rieckhof said, “minimizes his egregious conduct and tries to turn it around and blame the police department.”

If you have questions about a DUI checkpoint location in Orange County, contact our Orange County DUI Attorneys at 877-568-2977.

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

Our Orange County DUI attorneys found out that the Costa Mesas city attorney’s office is looking into a disagreement between Planning Commission Chairman Jim Righeimer and police over whether it was a good idea to stage a driving under the influence checkpoint on a busy street during rush hour Thursday, city officials said.

Righeimer passed through the checkpoint while driving southbound on Harbor Boulevard at Gisler Avenue without incident about 6:30 p.m. on his way to the Estancia High School football game. After he drove through it, he parked in the McDonald’s parking lot and walked over to police and asked them about the wisdom of slowing down traffic before the game and during the evening rush.

Officers said they felt Righeimer, who is running for City Council, tried to flex political muscle because he was inconvenienced by the traffic the checkpoint created.

“There’s an attitude,” Righeimer said Friday. “They’re not used to being asked questions. I’m just asking questions.”

Righeimer, a former Daily Pilot columnist, has been clashing with the police and fire unions in recent weeks over comments he has made about the need to reform expensive pension packages for public safety employees.

The checkpoint was conducted from 6 to 11 p.m. In a news release issued days before the checkpoint, police said the location was selected because of DUI-related crashes and arrests in the area.

Righeimer said he asked to talk to the officer in charge of the checkpoint and demanded to know why they were doing it at such a busy intersection during rush hour. He said it took him nearly half an hour to get from Susan Street, a small street east of Harbor, through the checkpoint.

Four police officers, each of whom asked not to be identified because they’re not authorized to speak with the media, claimed Righeimer demanded, as a public official, that officers shut down the checkpoint. They said he threatened to call Police Chief Chris Shawkey.

Righeimer acknowledged that he said he would call the chief, but only for answers. He said he never demanded that they shut down the checkpoint.

“They don’t like anyone coming up to them and asking questions,” Righeimer said. “I think most of the public expects to see DUI checkpoints later in the evening in areas that have bars and restaurants, not at the exit of freeways. I think they ended up with 3,400 cars and two people arrested. It kind of tells you right there.”

Statistics released Friday show 3,214 cars passed through the checkpoint, with officers screening about 500 of them and arresting two on suspicion of driving drunk. Police also cited 17 people and impounded 12 vehicles.

City Manager Allan Roeder explained that planning commissioners report to the City Council and do not have authority over police.

Roeder did not elaborate on the nature of the city attorney’s investigation, though he did confirm one is taking palce.

He said he was aware of the incident and the city is gathering all documents, field observations, including audio recordings and any other related information to hand over to the city attorney’s office.

The checkpoint was funded by the California Office of Traffic Safety. Saturation patrols, which are much more effective at finding and catching drunk drivers, (a saturation patrol is where more officers are on the streets looking for impaired drivers), are not only cheaper for the force, but are less inconvenient to the public.  However, saturation patrols, unlike DUI checkpoints, don’t get federal funding, MADD volunteers and funds, and are less political than DUI checkpoints.

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

Huntington Beach Considering Posting Names of Suspected Drunk Drivers on Website

Our Orange County DUI lawyers have learned that the Huntington Beach Police Department may soon post the names of drunk drivers on its website, as part of its attempt to cut down on DUIs.

The Huntington Beach Police Department submitted a report to the City Council which outlined proposed tactics for reducing DUIs. Among the proposed tactics are posting the names of those arrested for DUIs online, in order to send a message that the city is serious about enforcing its DUI laws. However, critics of the proposal point out that suspected drunk drivers should be considered innocent until proven guilty.

The city typically makes 1,700 DUI arrests each year, which is the third-highest in California for cities with similar populations. Huntington also has the fourth-highest number of alcohol-related traffic accidents for its population. According to officials, Huntington Beach’s DUI problems are concentrated in the downtown area, which is very popular with tourists. About 19 percent of the city’s liquor licenses are issued to businesses downtown.

In March, the Police Department began keeping records of where individuals arrested for DUIs have had their last drink, and notifying those businesses’ managers that they may have served their customers too much. The Police Department located two particular restaurants in the downtown area that are suspected of over-serving customers, although both restaurants deny the charges and claim they take measures to prevent drunk driving.

Our Orange County DUI lawyers can help if you have been arrested for a DUI in Orange County.  Call us at (714) 568-1560 anytime, 24 hours a day.

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

Our Orange County DUI Lawyers have learned, through the Orange County Register, that the Huntington Beach police department has found new ways to crack down on those who drink and drive after reports that the city has a “significant” problem with drunken drivers.

The department has announced an aggressive new DUI strategy that includes posting the names of DUI arrestees on their website, sending letters to restaurants that they believe are fueling drunken driving, and adding a third officer to a specialized DUI team. City officials began distributing the letters in the spring and are still reviewing the name postings and adding the third officer.

The strategy — laid out in 16-page report given to the City Council this month — said the city has a serious drunken driving problem.

Statistics show that in 2008 Huntington Beach had the third most DUI drivers in the state for a city of its size. Huntington Beach has about 201,000 residents.

Huntington Beach had about 1,000 more DUI arrests in 2008 than Irvine, a city with a similar population size, and 900 more arrests than Anaheim, a city with population almost double Huntington Beach’s.

Police DUI strategies may differ in each city in part because of the dynamics of that area, officials said.

“We try to find one that fits the needs of the community,” said Irvine police spokesman Lt. John Hare.

Irvine’ police department posts all of the names of arrestees on their website but does not have a specific list of DUI suspects. If a commander in charge of a certain geographical area of Irvine notices a trend in drunken driving they will approach a particular establishment, Hare said.

In Fullerton, which has a concentrated area of establishments that serve alcohol similar to Surf City’s downtown, police have been working with bar owners to help servers better identify when a customer has had too much to drink, said Fullerton police Cprl. Tim Kandler. They do not post name of DUI arrestees on their website, he said.

Huntington Beach police spokesman Lt. Russell Reinhart said his department’s DUI program is the most aggressive in the county.

Currently, the police do four to eight DUI checkpoints a year, have a specialized DUI patrol team, use their helicopters to catch DUI drivers, and put extra officers on patrol some Friday and Saturday nights. The department has received $1.4 million in grant funding to beef up DUI patrols.

For the past three years, the department has averaged 1,700 DUI arrests a year, the report said.

Still, police say they need more help.

“Even with all we have done there remains a significant DUI problem in Huntington Beach,” the report said. “Our resources were so quickly overwhelmed we believe on any given night a large number of drunk drivers likely leave our downtown area undetected.”

Some locals said that while drinking and driving is a serious offense, they have mixed opinions on the department’s new strategies.

Scott Spigelmire, 34, sat outside Beachfront 301 in downtown on a recent weekday evening drinking a Budweiser and a glass of water. He said posting the names of DUI arrestees was an invasion of privacy and increasing police presence might drive away business.

“There is no reason to drink and drive,” said Spigelmire, of Huntington Beach. “If you are too hammered, pay $50 to $100 bucks to get home in a cab. It could be so much more in the long run (if you drink and drive).”

Changing it up

Police could start posting the names of DUI arrestees this summer.

What do you think of posting the arestees’ names online? Vote in our poll below to the right.

DUI defense attorney Barry Simons said he disagreed with this approach.

“This has been a concept that has been floated around for years,” said Simons, a former dean of the national college for DUI Defense. “Humiliate them, single them out. It is the Scarlet Letter approach and there is absolutely no empirical data that things like that will do anything to affect recidivism.”

“It could have a damaging affect on an individual’s reputation,” he said.

Reinhart said that the arrests are public information and police expect that the public will help monitor DUI drivers. For example, someone can call the police if they see that a neighbor with a suspended license is driving, Reinhart said.

“We get tips on a regular basis and we are hoping to get more of them,” he said.

Councilman Joe Carchio said he supports posting the names, saying it might be a deterrent for people who drink and drive.

“I want to prevent people from drinking and driving but I also want to protect their rights as an individual,” he said. “I have no sympathy for drunk drivers. None whatsoever.”

Councilman Don Hansen said a policy to post the names needs to be further vetted.

“It may be a little far reaching and I’m concerned about those folks that may not be charged or could not even be guilty and if it is posted on the website there could be some … issues,” he said.

The department began sending letters to restaurants in April reporting at least one of their patrons was arrested for driving under the influence. Sharkeez and Hurricanes have received the most letters from the department, Reinhart said.

Sharkeez received four letters with 14 arrested on DUIs, and Hurricanes received three letters with eight people arrested for DUIs, he said.

Hurricanes manager Rich Jardine said the letters have been helpful to his staff. He alerted his servers and bartender to keep a closer eye on patrons.

“It is difficult to tell if they are over the legal limit of. 08,” said Jardine, who has been with Hurricanes for 18 years. “A lot of people can maintain to the naked eye and still be over the legal limit.”

Police will accumulate the DUI data and could place restrictions on the businesses’ licenses and permits, officials say.

Reinhart said the department hopes to add a third officer to their DUI enforcement team as soon as the funds become available.

Officers say they are after more than sober driving. They want life changes.

“We believe they are not only prevent deaths, injuries and traffic collisions; but potentially change people’s lives in a positive way that prevents other negative behaviors,” the report said.

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

LAKE FOREST – A deputy known for exceeding department expectations will be honored as deputy of the year tonight by the City Council.

Hennessey, a 10-year Orange County Sheriff’s Department veteran, in 2008 was honored by Mothers Against Drunk Driving for having the highest number of arrests among cities that contract with Sheriff’s Department in the county. Since coming to Lake Forest in 2007, Hennessey has been honored for his record arrests three years in a row. In 2008, more than 2,500 drivers were arrested on suspicion of drunken driving countywide.

Hennessey is also part of a special enforcement team identifying and catching suspected vandals in an anti-tagging program. In 1½ years, he and his partners have cleared more than 100 cases and made more than 40 arrests.

“He is very involved and dedicated to the community,” said Lt. Doug Doyle, chief of police services for the city. “He produced an incredible body of work this year and he consistently far exceeds expectations in every area of his responsibilities.”

Brought to you by the Orange County DUI lawyers of Miller & Associates.

Posts Tagged ‘City Council’

Westminster DUI provision may cost drunk drivers more

Wednesday, December 28th, 2011

The Daily Pilot has news of a DUI Checkpoint in Newport Beach on Thursday, September 24th, 2009.

Newport Beach police will hold a DUI checkpoint Thursday night.

The checkpoint will run from 9 p.m. Thursday to 3 a.m. Friday, on northbound Dover Drive at 16th Street. Police will stop a predetermined number of vehicles and hand out brochures educating drivers on the dangers of drinking and driving.

The location was chosen because of its proximity to bars and restaurants.

The California Office of Traffic Safety provided funding for the checkpoint.

The Daily Pilot also had a story about continued funding for DUI checkpoints (even though they don’t work), as follows:

Newport Beach police will receive nearly $200,000 in state money for its DUI enforcement program after the Newport Beach City Council approved receiving the money last night.

The police department will have $192,000 budgeted for DUI checkpoints, extra patrols focused on DUI enforcement, and other alcohol awareness methods, from Oct. 1, 2009 to Sept. 30, 2010. The money comes from the California Office of Traffic Safety. The city pays for the overtime costs associated with enforcement up front and is reimbursed by the state, according to the City Council staff report.

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