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Tuesday, March 2nd, 2010
COSTA MESA An intoxicated pedestrian who walked up to a sobriety checkpoint to see what was taking place was among five arrested Monday, police said.
Police arrested Rodrigo Sajvin Cumes, 37, of Costa Mesa, on a public intoxication charge after he went up to the checkpoint held on Harbor Boulevard at Fair Drive, said Costa Mesa police Sgt. Phil Myers. Cumes was so intoxicated that he could not care for his safety, according to police.
Three people were arrested on suspicion of drunken driving and 15 citations were issued, police said. Police screened 633 cars out of 2,055 that went through the checkpoint.
Also, police said two drivers switched seats with passengers out of fear of being arrested for driving under the influence. Those drivers were not arrested, Myers said.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
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.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
As someone that handles Los Angeles DUI and Orange County DUI cases daily, I see DUI from the front lines, and I’ve mentioned over and over again that DUI checkpoints don’t work.
Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments, which are far more likely to seize cars from unlicensed motorists than catch drunken drivers, according to an investigation by the Investigative Reporting Program at UC Berkeley with California Watch.
In 2009, impounds at checkpoints generated some $40 million in towing fees and police fines (revenue that cities divide with towing firms). Police officers received about $30 million in overtime pay for the DUI crackdowns, the investigation found.
Vehicles are predominantly taken from minority motorists – often illegal immigrants, the investigation found:
- Sobriety checkpoints frequently screen traffic within, or near, Hispanic neighborhoods. Cities where Hispanics represent a majority of the population are seizing cars at three times the rate of cities with small minority populations. In South Gate, where Hispanics make up 92 percent of the population, police confiscated an average of 86 vehicles per operation last fiscal year.
- The seizures appear to defy a 2005 federal appellate court ruling that determined police cannot impound cars solely because the driver is unlicensed. In fact, police across the state have ratcheted up vehicle seizures. Last year, officers impounded more than 24,000 cars and trucks at checkpoints. The percentage of vehicle seizures has increased 53 percent compared to 2007.
- Departments frequently overstaff checkpoints with officers, all earning overtime. The Moreno Valley Police Department in Riverside County averaged 38 officers at each operation last year, six times more than federal guidelines say is required. Nearly 50 other local agencies averaged 20 or more officers per checkpoint – operations that averaged three DUI arrests a night.
Law enforcement officials say demographics play no role in determining where police establish checkpoints. Read the full story here.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
As Orange County DUI Lawyers, we’re bringing you news that might keep you out of a DUI in Costa Mesa this weekend. COSTA MESA Police officers will be on the prowl this weekend to crack down on drunken drivers.
The Costa Mesa Police Department’s DUI Enforcement Team will deploy officers on a special saturation patrol Saturday targeting DUIs. The patrol will begin at 5 p.m.
In addition, the Police Department is planning to set up sobriety/drivers license checkpoints on Feb. 19 and Feb. 26.
In the past year, DUI collisions have claimed one life and resulted in 47 wrecks injuring 58 people in Costa Mesa, according to police.
The patrol is funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
Costa Mesa Police Department Targets
DUI Court Sting Operation
On February 8 th , 2010 between the hours of 0800 and 1400 hours officers from the Costa Mesa Police Department Office of Traffic Safety conducted an undercover court sting operation at the Harbor Justice
Center in Newport Beach, CA, targeting DUI, suspended, and unlicensed drivers. Police officers staked out offenders who had been told by the judge not to drive and followed them from the courtrooms to the
parking area to be sure they were not driving due to suspended or revoked license. In the operation 16 offenders were followed outside by officers. While some offenders had alternate means of transportation,
4 got behind the wheel and drove away from the court house. Those who chose to drive were stopped by waiting officers.
Among the arrest and citations were:
3 citations for suspended or revoked licenses
1 citation for being an unlicensed driver
3 vehicles were impounded
Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. If you have questions for our Orange County DUI lawyers, call us at (877) 568-2977.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
Our Orange County DUI Lawyers know that the penalties for a DUI conviction can dramatically increase with multiple convictions. But one woman in New Hampshire pushed these laws to their limits recently.
The Associated Press recently reported that a woman in Concord, N. H. was arrested three times in one week for allegedly driving under the influence.
Patricia Mondro now faces a $50,000 cash only bail on three separate charges of a driving under the influence issued within just days of one another.
On January 16, Mondro was arrested in a parking lot in Londonderry after she crashed her vehicle. Witnesses then contacted the local police department because they said that Mondro looked disoriented.
She was then arrested and charged with a misdemeanor DWI, but was release from jail the next day.
Five days later, she was arrested and charged with an aggravated DWI after crashing into a guardrail on Interstate 93 in Concord. Mondro suffered a few injuries from the crash, but was released from jail.
Shortly after Mondro was released she was arrested for a third time. She had allegedly hit a pick-up truck on the same highway where her she was charged with her second DUI offense.
She was driving with her headlights off when she hit the other car which then collided with a third vehicle. No injuries were reported in the incident.
After the first two arrests, Mondro still had her driver’s license because neither case had moved through the court system yet.
Lt. Tim Jones of the Londonderry Police Department said “that the problem is [that] all these license issues kick in after the conviction, [and] she’s in the interim state.”
Judge Gerald Boyle said at Mondro’s arraignment that he was concerned with the public’s safety as she had received multiple DWI’s in a very short period of time.
He further said that Mondro was “an extreme danger” not only to herself but to others as well. So he imposed separate cash only bails for each offense.
According to the Concord Monitor, Mondro made very few remarks during her arraignment. But she said that her husband had recently left her.
Her legal aid stated that Mondro’s family is going to get her the help she needs. Her court date for her third DWI charge is February 9.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
The Daily Pilot Newspaper had a further article on the Newport Beach DUI Checkpoint last week, stating that police arrested six people and handed out nine tickets at a DUI checkpoint in Newport Beach, police said Tuesday.
The Saturday night checkpoint saw more than 2,200 cars pass through it, with police interviewing 770 drivers, said Lt. Craig Fox.
Of those, police had 37 drivers step out of their vehicles for more investigation and gave 13 sobriety exams. Police ultimately arrested six drivers on suspicion of driving under the influence, and issued 30 tickets at or near the checkpoint, Fox said.
The checkpoint was funded by a state Office of Traffic Safety grant.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
The Traffic Division of the Newport Beach Police Department will be conducting a sobriety checkpoint on Saturday, January 16, 2010. The location of the checkpoint will be northbound Newport Boulevard at Finley Street. The approximate hours of operation will be from 9:00 p.m. until 3:00 a.m.
Brought to you by DUI Specialist Orange County Robert Miller
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
I always tell friends and family that, although I’d love to have them as a client, that it’s better that they don’t need me in the first place. With that in mind, I present the “how to avoid a DUI” article below:
Don’t get pulled over in the first place: What Police Look For
All members of various law enforcement agencies nationwide must attend some type of police academy prior to becoming a certified police officer. And one small part of the training they receive while at the academy is how to spot or detect a suspected drunk driver on the road. They are taught to look for certain actions or violations of the motor vehicle code. Many of these actions or the failure to perform them, is a clear signal to the police that the operator may be intoxicated. Some of these actions and violations that the police are taught include the following:
* Operating a motor vehicle at night without headlights being turned on.
* Operating a motor vehicle at night with the high beam lights on at all times.
* Failing to use turn signals when making a turn.
* Failure to turn off turn signals after a turn is made.
* Speeding.
* Slow Speed in areas where it is not logical.
* The ever famous weaving upon the highway.
* Sudden and short braking due to slow reactions or intoxication.
Any of these can trigger the police to initiate a traffic stop. If you make a conscious effort not to commit any of these violations, you will greatly reduce your chances of being stopped by the police. Remember, the police need probable cause to stop your vehicle, don’t give them any. By knowing what the police look for prior to stopping a suspected drunk driver, you greatly reduce your chances of being detected and stopped by the police.
If You’re Stopped
If the unfortunate does happen and you get stopped by the police, there are some very important things you need to know before you ever get stopped, and these include what to do and most importantly, what not to do or say to the police. Lets talk a little about those strategies and tactics now.
If you find yourself getting pulled over, first, pull over well off the highway and off the road itself. This reduces the likelihood your vehicle will get towed if you get arrested. Next, get yourself together. Pop a mint or gum in your mouth. When the police officer comes up to the vehicle be sure you NEVER admit to drinking ANY amount of alcoholic beverages. Do not self incriminate yourself. Make the police officer do his job, don’t help him out. Answer questions only when necessary. Believe it or not, you do have the right to remain silent. Be cooperative but do not give the officer any evidence to be used against you. If the officer suspects you have been drinking he may ask you to perform some oral tests like counting or reciting the alphabet. You must refuse these and any and all other tests. Yes, you can refuse to take these tests. For some reason people believe they must submit to the field sobriety tests and this is not true. You must refuse all oral and then actual field tests like walking the line, standing on one foot, following the pen with your eyes and any and all other tests. Simply tell the officer you are refusing all tests and are invoking your fourth amendment rights against self incrimination. You are trying to give the officer little or no probable cause to arrest you. Remember, an officer can only arrest a person with probable cause and in a DUI case, that probable cause is the field tests administered at the scene of the traffic stop. By refusing all tests, the officer is left with a couple of choices, he can let you go, call a ride for you or take you in for DUI. Believe me, the officer knows he is on shaky ground by arresting you without any or little probable cause other than his observations.
Refuse All Tests
If the police officer decides to arrest you, once you arrive at police headquarters you may be asked again to perform oral and other sobriety tests. Now you are being filmed and recorded, so again, refuse everything. When asked to submit to a blood, urine or breath test to determine your blood alcohol level, you must refuse these tests. Yes, you will lose your license for one year through the DMV, but you will also lose it for four months if convicted for DUI and I will tell you why you should refuse shortly. Remember, the police are trying to build a case against you by getting evidence, do not help them by giving them anything to help build their case. With no field tests, sobriety tests of any kind and no blood alcohol levels, the police will find it difficult to get a conviction in a court of law against you for DUI. At this point you may be processed and released on bond or arraigned in court. Be sure to hire a lawyer that is knowledgeable in DUI defenses specifically, and a good one because he will help you get out of the case completely.
Counting Your Losses
Now let me talk to you and present a comparison of your losses versus your gains should you refuse all field and blood alcohol tests. Follow closely and you will see the wisdom behind my strategies and tactics that I just presented. You will see that you will save your drivers license from being taken for lengthy periods of time as well as saving thousands of dollars in fines and insurance premiums.
First, if you properly parked your vehicle once stopped by the police, and well off the roadway, you may save money by not having your vehicle towed from the scene of the traffic stop. In refusing to submit to blood alcohol level testing, you will receive an automatic loss of license for about 6 months for a first time arrest. This is a loss for sure, but not a big one. And you may have to pay a restoration fee to the registry of motor vehicles to get your license back, so another loss. Now lets move on to the gains. If you have followed my advice and refused all field, sobriety and blood alcohol level tests, you have given the state a hard case to prosecute. And with a good lawyer, no jury or judge can convict you based on just an officers observations. So in court, the case will probably get dismissed or the charge changed to a lower offense. A complete victory for you. Just be sure the plea bargained reduction is not a reckless driving because the same fines and insurance premiums may be imposed against you. If is very doubtful the court will want to prosecute you because of their weak case, so most will plea bargain with a defendant and his attorney. So if you win in court and are not convicted for DUI, you will not have to face two days in jail, any fines which usually range around $500.00, you will not have to pay over $200.00 to attend an alcohol awareness program and most important, you will not face mandatory SR-22 insurance premiums on your automobile insurance policy. All states and insurance carriers require this SR-22 insurance which is essentially insurance on your drivers license. It is usually equal to or more than you currently pay for your automobile insurance. The average cost for the SR-22 insurance is $1,500.00 each year for 3 years or more. You do not have to pay this because you did not cooperate with the police and help them build a case against you so you could get convicted in court for DUI. And by having no conviction on your driving record, you do not face lengthy license suspensions in the future should you get stopped and cited for other traffic violations. And finally by not getting convicted for DUI. in court, you suffer no suspension or further loss of your operators license.
Final Tips
Some additional information you should be aware of if you do drink and drive include the following. If you ever pull over and want to rest or sleep it off, be sure to turn the engine off and remove the keys from the ignition. In some states, a running even tho parked vehicle, or a vehicle with the keys in the ignition constitute operation, so be sure to follow this rule. If you have only consumed a drink or two and get arrested for DUI / DWI. you may want to take the blood alcohol level tests to show that you are innocent and are not driving drunk. Remember, one alcoholic beverage is what the average human body can remove from its bloodstream per hour and no more. Drinking coffee or water does not sober up an intoxicated person. People need to know their own bodies and how well they can handle their consumption of alcoholic beverages. Everybody is different. A person may look drunk and is not, just as a person whom is legally drunk, may not look it. Anybody that consumes 3/4 or more drinks in an hours time period is most likely legally drunk. So drink wisely and carefully.
In closing, I hope that you found this article helpful and educating. I am not here telling you that I am advocating drinking and driving but lets face it, Americans consume a lot of alcoholic beverages every day and inevitably people will get in their vehicles and drive after drinking. I am here to educate the public, assist them in understanding their rights when it comes to getting stopped by the police for suspicion of DUI and let them know they have protection under the law. I do feel that the person who consumes 10 or more drinks and gets in a motor vehicle and drives away, deserved to be prosecuted to the fullest extent under the law.
He is clearly not using proper judgment is poses an immediate hazard to others on the roadway. For the casual light drinker, I ask they use good judgment, consume liquor responsibly and follow my advice should they find themselves getting stopped by the police.
And as always, if you have any questions, call me, anytime, day or night, at (714) 568-1560. Orange County DUI Defense is what I do.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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Tuesday, March 2nd, 2010
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.
Tags
Costa Mesa, Costa Mesa California, Driving under the influence, dui specialist orange county, Law, Law Enforcement, newport beach dui lawyers, orange county dui lawyers, police, Public intoxication, United States
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