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Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

Fire Truck

Image by FrogMiller via Flickr

Our Long Beach DUI Lawyers have learned that Long Beach Fire Department Capt. John David Hines pleaded guilty this morning to a DUI and hit-and-run felony case that severely injured a bicyclist, officials said.

Hines, 38, faces a sentence ranging from probation to six years and eight months in prison. He’ll return to court Dec. 2, after undergoing a 90-day diagnostic evaluation in state prison to “determine his suitability for state prison,” according to a press release from the Orange County district attorney’s office.

As part of a court-offered deal, Hines pleaded guilty to one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of 0.08 percent or more causing injury, hit and run with injury, and sentencing enhancements and allegations for causing great bodily injury and having a blood alcohol level over 0.20 percent.

According to prosecutors, Hines spent the morning of April 1 boozing it up at a Long Beach restaurant called Schooner or Later, then drove his truck east along Westminster Avenue in Seal Beach, where he swerved off the road and crashed into 47-year-old bicyclist Jeffrey Gordon.

Gordon was thrown more than 70 feet and landed on the shoulder of the street, according to prosecutors. The impact of the high-speed collision broke the windshield and nearly disabled Hines’ Chevy Silverado, according to witnesses who chased him, honking and screaming at him to pull over, as he drove several blocks from the crash scene to his house in Huntington Beach.

When police from Seal Beach and Huntington Beach arrived at his home, Hines reeked of alcohol, his eyes were bloodshot and the odor of urine wafted from his clothing, authorities said. The front end of his truck was spattered with blood.

His blood-alcohol level at the time was .24, three times the legal limit, authorities said. After he was booked, Hines was released on $50,000 bail and reportedly checked himself into alcohol rehab.

Gordon spent two weeks in the hospital with head trauma, severe lacerations and bruising to his head and body, internal injuries and spinal and vertebrae injuries. He continues to suffer limited physical mobility and speech and memory loss, prosecutors said.

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Posts Tagged ‘huntington beach’

Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

Surfers abound near Huntington City Pier

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Our Orange County DUI Lawyers have learned that the Huntington Beach Police have set up another Orange County DUI Checkpoint – Huntington Beach Police Department will be conducting their DUI checkpoint on Saturday night, April 23, 2011, starting at 9:00 pm.  The location of the checkpoint hasn’t been announced, but near Main Street and PCH is where most of the concern from the Police Department have been lately.

If you have questions for a DUI Specialist in Orange County, call me at (877) 568-2977.

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Posts Tagged ‘huntington beach’

Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

Surfers abound near Huntington City Pier

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Savelli said the program is a good first step.

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

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

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

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

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

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

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

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

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

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

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

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

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

[Insert sound of head-scratching here.]

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

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

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

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

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Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

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Police in one Orange County city may post the names of people arrested for drunken driving on Facebook.

Huntington Beach Councilman Devin Dwyer suggested the plan at Monday’s council meeting, the Los Angeles Times reported. He said the local newspaper no longer lists DUI arrests and Facebook would serve as a substitute.

Lt. Russell Reinhart said the police department is considering Dwyer’s suggestion.

“I didn’t think public shaming for driving under the influence was such a bad idea,” Dwyer said. “I would use any tool necessary to bring down the numbers of drunk drivers.”

A report released in July said there were 1,687 arrests for DUI in Huntington Beach in 2009 and 274 crashes where drunken driving was a contributing factor. Local officials say that is one of the worst records in the state for a city with a population of just over 200,000.

The city is planning a drunk-driving campaign, with more police officers assigned to make traffic stops. Other steps include posting the names of those arrested on the city Web site and sending letters to bars whose patrons have been arrested.

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Posts Tagged ‘huntington beach’

Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

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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.

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Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

Sunset at Huntington Beach, California.
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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.

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Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

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The big story this week was the two police officers with multiple Orange County DUI cases.   The following is my mix of stories from the OC Register, OC Weekly, and other sources:

Anaheim police officer Kevin Noel Schlueter was charged today with driving under the influence of drugs after crashing into four parked cars. It’s the 37-year-old Costa Mesa resident’s third DUI, and not to be confused with the DUI charge brought against Orange County sheriff’s deputy Mark Wayne Hewlett, who is accused of being drunk, losing control of his car and crashing into a planter in the front yard of Orange County Supervisor Bill Campbell‘s Villa Park home.

Both cops were driving their own cars, not police cruisers.

In the first DUI case against Schlueter, he is accused of driving erratically and weaving through lanes on the 405 freeway near Westminster Boulevard while under the influence of drugs at about 9:30 p.m. on March 18, 2009. A witness called 9-1-1, and Schlueter nearly crashed into other cars on the road, including a California Highway Patrol vehicle that responded to the call.

Schlueter showed signs of drug intoxication once he was pulled over, including shaking hands, red and watery eyes, slurred speech, and lethargic appearance, according to the CHP report. He was allegedly under the influence of the prescription drugs hydrocodone, hydromorphone, phenmetrazine, phendimetrazine and carisoprodol.

The Orange County District Attorney’s Office (OCDA) charged Schlueter on Sept. 1, 2009, with one misdemeanor count of driving under the influence of drugs.

At about 9:30 p.m. on Jan. 21, 2010, Schlueter is accused of driving on Oakridge Lane in Huntington Beach while impaired and under the influence of drugs. His car crashed through the back yard fence of a residence, and when officers arrived, he was still sitting in the driver’s seat with the engine running.

Again, cops say he showed signs of drug intoxication, including slurred speech, a lack of coordination, and a lack of balance. He was allegedly under the influence of hydrocodone, hydromorphone, meprobamate and carisoprodol.

The OCDA on Friday charged Schlueter with one misdemeanor count of driving under the influence of drugs in the second case.

Finally, Schlueter was driving on Cabrillo Street in Costa Mesa at about 1:40 p.m. on March 2 when his car crashed into three parked cars. He is accused of then reversing his vehicle–and crashing into a fourth parked car.

This happened outside an ambulance company, and a witness at the company put Schlueter in the back of an ambulance until Costa Mesa police officers arrived at the scene.

Cops say he had red and watery eyes and was incoherent and lethargic. He is accused of being under the influence of phentermine, carisoprodol and oxycodone.

Sounds like a certain Orange County police agency better check its drug evidence locker.

Schlueter was charged today with one misdemeanor count of driving under the influence of drugs. He could get up to two years and six months in jail if he is convicted of all three offenses, according to the OCDA.

He is scheduled to appear Friday at West Justice Center in Westminster for a pre-trial hearing for the 2009 case and arraignment for the two 2010 cases.

SANTA ANA – An Anaheim police officer resigned Tuesday amid a department investigation and after being charged with driving under the influence of a cocktail of prescription drugs for the third time in less than a year.

The officer, who hasn’t been to work since late 2008 but remained on paid administrative leave, has pleaded not guilty in one case of driving under the influence from an incident last March. The two latest charges were filed last week and Tuesday.

Kevin Noel Schlueter, 37, of Costa Mesa, is charged in three separate cases with one misdemeanor count of driving under the influence of drugs for each case.

Schlueter’s three DUI arrests were first revealed earlier this month by the Register.

If convicted in all three cases, Schlueter faces up to two years and six months behind bars. Schlueter is scheduled to appear in court Friday.

Schlueter had been on leave since November 2008 for what department spokesman Sgt. Rick Martinez said was “a variety of reasons.” Personnel rules prohibit him from giving specifics, Martinez said.

Schlueter’s leave had been unpaid at first. But then in November 2009, months after Schlueter’s first DUI arrest, Anaheim officials put him on paid administrative leave.

After Schlueter’s arrests were publicized by the Register, Anaheim police issued a statement saying:

“The Anaheim Police Department is cooperating with the OC District Attorney’s office in its prosecution of these cases and we have contacted the Department of Motor Vehicles regarding the officer’s future driving privileges. We are also expediting our internal investigation into this matter in order to reach a decision concerning the officer’s employment as soon as possible.”

Schlueter resigned from the department Tuesday, Martinez said.

Schlueter’s trouble behind the wheel appears to have started on March 18, 2009, when he was pulled over by the California Highway Patrol after nearly slamming into a CHP squad car. Several drivers had called 911 to report a possible DUI driver at the wheel of a silver Chevy Tahoe on the 405 freeway that night, said CHP Officer Ray Payton.

Dispatchers sent a CHP officer ahead of the possible drunken driver weaving in the slow lane to wait for him to drive by, according to the report. The Tahoe drove by – careening onto the right shoulder of the freeway and coming within a foot of hitting the waiting CHP squad car, the report said.

The officer watched as the Tahoe weaved from side to side, nearly colliding with a Range Rover. The CHP officer pulled the Tahoe over and after doing field sobriety tests on the driver, later identified as Schlueter, arrested him, according to the CHP report.

According to the Orange County District Attorney’s Office, Schlueter is accused of displaying signs of drug intoxication including “shaking hands, red and watery eyes, slurred speech, and appeared lethargic.” Prosecutors accuse Schlueter of being under the influence of prescription drugs that impaired his ability to drive including hydrocodone, hydromorphone, phenmetrazine, phendimetrazine, and carisoprodol.

Someone came to pick up Schlueter at the CHP office. On Sept. 1, 2009 prosecutors filed one misdemeanor count of driving under the influence. Schlueter pleaded not guilty.

On Jan. 21 prosecutors say Schlueter was driving on Oakridge Lane in Huntington Beach around 9:30 p.m. when he crashed his car through the backyard fence of a home. He sat in the driver’s seat with the engine running until Huntington Beach police showed up, according to prosecutors.

Again Schlueter is accused of showing signs of being under the influence of drugs, including “slurred speech, a lack of coordination, and a lack of balance.” According to prosecutors, he is accused of being under the influence of prescription drugs that impaired his ability to drive including hydrocodone, hydromorphone, meprobamate, and carisoprodol.

Schlueter was arrested and later released. Last week prosecutors charged Schlueter with one misdemeanor count of driving under the influence of drugs.

On March 2, Schlueter was arrested on suspicion of driving under the influence after crashing a 2010 Jeep Liberty into four parked cars on his own street in Costa Mesa in the middle of the afternoon.

According to prosecutors, Schlueter crashed into three parked cars, reversed his Jeep, and crashed into a fourth parked car while backing up.

The crashes ripped the right wheel off the axle of Schlueter’s Liberty, according to Costa Mesa police Lt. Rob Sharpnack. The Liberty also suffered rear bumper damage, Sharpnack said.

An employee of an ambulance company saw the accidents and put the injured Schlueter in the back of the ambulance and waited for Costa Mesa police officers to arrive, according to prosecutors.

Again, according to prosecutors, Schlueter showed “objective” signs of drug intoxication including “having red and watery eyes and being incoherent and lethargic.” He is accused of being under the influence of prescription drugs that impaired his ability to drive including phentermine, carisoprodol, and oxycodone.

Schlueter was treated at the hospital for his injuries and released. On Tuesday, prosecutors charged him with one misdemeanor count of driving under the influence of drugs – his third such charge in less than a year.

An Anaheim police officer who lives in Costa Mesa is accused of driving under the influence of prescription drugs three times in the last year, with his latest alleged incident happening in Costa Mesa last week.

Kevin Noel Schlueter, 37, faces three misdemeanor DUI charges. He has already pleaded not guilty to an alleged DUI in March 2009, when prosecutors said he nearly hit a California Highway Patrol car on the 405 Freeway in Westminster.

In January of this year, prosecutors said Schlueter crashed his car into the backyard of a home in Huntington Beach and sat in his car until police arrived. In that case, he was also under the influence of prescription drugs, authorities said.

The officer’s most recent arrest came Thursday in Costa Mesa, where he’s accused of hitting four cars while again under the influence of prescription drugs.

Schlueter is scheduled to be arraigned for the two most recent arrests Friday. He faces up to two years and six months in jail if convicted on all charges.

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Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

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The OC Watchdog Blog, part of the Orange County Register, has an interesting story – about the police officer that got three DUIs, and is still on the police payroll!  As an Orange County DUI Lawyer, it pains me to see how the police have a double standard when it comes to their own.

It’s no secret that some cops have a problem with alcohol.  It’s a stressful occupation, the hours are long, and the job wreaks havoc with home life.  As well, it’s easy for cops to get hurt on the job — making addiction to prescription painkillers another problem.

All that said, we were taken aback by the tales of officers’ DUI that came flooding in after we wrote last week about an Orange County Sheriff’s deputy who was arrested on suspicion of driving under the influence after crashing twice in less than 35 minutes.  (Cops from his own department had let him drive away after the first accident.)

That was bad, but this might be worse:

It’s the story of an Anaheim cop who hasn’t been to work since late 2008, is still on the department’s payroll, and notched his third DUI arrest in less than a year March 2.

The Watchdog pulled the records and confirmed that Officer Kevin Noel Schlueter, 37, was arrested on suspicion of driving under the influence after crashing a 2010 Jeep Liberty into four parked cars – on his very own street in Costa Mesa, in the middle of the afternoon.

The crashes ripped the right wheel off the axle of Schlueter’s Liberty, according to Costa Mesa police Lt. Rob Sharpnack. The Liberty also suffered rear bumper damage, Sharpnack said.

Costa Mesa police officers arrested Schlueter on suspicion of driving under the influence and took him to the hospital to be treated for minor injuries, Sharpnack said. He gave a blood sample, but the results aren’t back yet.

That DUI arrest was strike three for Schlueter, a 13-year veteran of the Anaheim Police Department.  But cops play by different rules, as we shall see, and three strikes don’t always mean you’re out.

Schlueter’s troubled times behind the wheel appear to have started on March 18, 2009 when Schlueter was pulled over by the California Highway Patrol after nearly slamming into a CHP squad car.  Several drivers had called 911 to report a possible DUI driver at the wheel of a Silver Chevy Tahoe on the 405 freeway that night, said CHP Officer Ray Payton.

Dispatchers sent a CHP officer ahead of the possible drunken driver weaving in the slow lane to wait for him to drive by, according to the report.  The Tahoe did indeed drive by – careening onto the right shoulder of the freeway and coming within a foot of hitting the waiting CHP squad car, the report said.

The officer watched as the Tahoe weaved from side to side, nearly colliding with a Range Rover. The CHP officer pulled the Tahoe over and after doing field sobriety tests on the driver, later identified as Schlueter, arrested him on suspicion of driving under the influence.

Alcohol was ruled out, Payton said, but drugs, which can include prescription drugs, were not. Someone came to pick up Schlueter at the CHP office. Prosecutors filed one misdemeanor count of driving under the influence. Schlueter pleaded not guilty.

While waiting for the wheels of justice to turn, Schlueter was arrested twice more.

Officers responding to a single-car wreck in Huntington Beach the night of Jan. 21 arrested Schlueter on suspicion of driving under the influence, said Lt. Russell Reinhart of Huntington Beach. Prosecutors have not yet filed charges against Schuleter in the Huntington Beach case, but detectives there say they have a court date with Schlueter March 26.

Then on March 2 came the Costa Mesa wreck, at 1:42 p.m. on Schlueter’s own street.

Schlueter has been on leave since November 2008, for what exactly Anaheim officials aren’t saying.   Anaheim police spokesman Sgt. Rick Martinez characterized it as “a variety of reasons,”  but said that personnel rules prohibit him from giving specifics.

Schlueter’s leave had been unpaid at first. But then in November 2009, months after Schlueter’s first DUI arrest Anaheim officials put him on paid administrative leave and he started earning a paycheck again.

Again, Anaheim officials aren’t saying why.

UPDATE: After this column was published, Anaheim PD called and asked us to include this statement: “The Anaheim Police Department is cooperating with the OC District Attorney’s office in its prosecution of these cases and we have contacted the Department of Motor Vehicles regarding the officer’s future driving privileges. We are also expediting our internal investigation into this matter in order to reach a decision concerning the officer’s employment as soon as possible. ”

Schlueter declined to comment through his attorney Joseph P. Smith. None of his cases have been adjudicated.

We put a call in to a residential treatment facility in Palm Springs that deals with cops’ addictions to alcohol and painkillers to get some perspective on what seems a pretty big problem.

Dr. Krista Gilbert of Michael’s House, told us that in her 15 years in dealing with police officers she has learned “one of the things that is reinforced in departments is that if you cry, you’re a sissy. They aren’t getting the support or validation to deal with the extreme situations and intense situations they see and are living through on a daily basis.

“Its vicarious trauma that they are dealing with,” Gilbert said. “You put up a good show, you’re a good soldier and you do your job no matter what.”

Self-medication with alcohol or prescription medications can also be a way of  covering up other issues like depression or extreme anxiety, Gilbert said.  “A lot of time we find people saying, ‘I’m doing self-care….This is for me.’ ”

That’s good perspective on the personal problems that some cops face.

Still, it seems to us at The Watchdog that after a peace officer gets three DUI strikes, he or she ought to be out.

We’ll keep an eye on this case and let you know what happens.

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Posts Tagged ‘huntington beach’

Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

HUNTINGTON BEACH Police officers will conduct a sobriety checkpoint this weekend in Surf City.

The checkpoint is scheduled for Beach Boulevard, just south of Slater Avenue, police officials said.

On May 30 and 31, officers screened 419 drivers for driving under the influence at a similar checkpoint, reported Huntington Beach police Traffic Supervisor Sgt. Rob Warden. A total of 1,506 motorists went through the checkpoint, he said.

One motorist was arrested for driving under the influence and two others were given citations for being unlicensed or carrying suspended licenses, he said. Eight other citations were issued.

Beginning at 9 p.m. Saturday, officers will focus on catching drunk drivers on Beach. The checkpoint will be clearly marked and vehicles will be selected for checking on a pre-set basis until 3 a.m. Sunday, officials reported.

Officers will distribute brochures on impaired driving to motorists. Law enforcement will check driver’s licenses and direct suspected impaired drivers to a secondary check area for further evaluation.

The checkpoints are funded through a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

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Posts Tagged ‘huntington beach’

Long Beach Fire Captain pleads guilty in Long Beach DUI Case

Tuesday, September 6th, 2011

Chicago Police Department officers arrest a man

Image via Wikipedia

Police: Mom drove with kids, beer

A mother of two was arrested for drunken driving after she was caught driving with an open bottle of beer in her lap and her two kids sleeping in the back seat at a random DUI checkpoint over the weekend.

LONG BEACH — A mother of two was arrested for drunken driving after she was caught driving with an open bottle of beer in her lap and her two kids sleeping in the back seat at a random DUI checkpoint over the weekend, authorities said Tuesday.

Joyce Lopez, 21, of Huntington Beach was arrested for drunken driving after her blood alcohol level registered more than double the .08 legal limit, said Sgt. Tom Marcoux of the Long Beach Police Department‘s Patrol Division.

“As soon as the officer saw her he noticed the kids in the back, he noticed the strong odor of alcohol, he noticed the bottle of beer in her lap and he (thought) `Oh my God,’ ” Marcoux said Tuesday.

While Lopez was booked on a DUI charge at about 9:47 p.m. Saturday, her two children — who appeared to be 1 and 7 years old — were taken into protective custody by the Los Angeles County Department of Children and Family Services, the sergeant said.

“Who knows, maybe (having her children taken by county authorities) will turn her around,” Marcoux said. “It’s lucky for those kids that we got them out of that car before anything really bad happened.”

Lopez pleaded no contest at the Long Beach Superior Court Monday to all the misdemeanor counts filed against her — including driving under the influence, driving under the influence with a minor in the vehicle and child endangerment — City Prosecutor Tom Reeves said Tuesday.

Reeves said Lopez was placed on three years’ probation and fined more than $400 after she entered her no contest plea — considered the same as a guilty plea by criminal courts. Lopez was also given credit for two days served in jail and released from custody Monday, Reeves said.

Marcoux said Lopez was chosen at random to be screened in a DUI checkpoint conducted by the LBPD Saturday night at Pacific Coast Highway and Loynes Drive from 6 p.m. Saturday until 2 a.m. Sunday.

During the eight-hour operation, more than 2,000 vehicles passed through the checkpoint and more than 600 were screened. Of the vehicles screened, four drivers were arrested for driving under the influence — including Lopez — and 18 drivers were issued traffic citations for various offenses, Marcoux said.

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