Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

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The lights are flashing, the officer comes over to your car, and you think about those two drinks you had.  If you even think you might have alcohol, and are stopped or arrested for DUI, the right thing to say isn’t “Officer, can you hold my beer?”, but instead follow these six things you should NEVER do.

1. Be Zen, and Don’t Admit anything.

Should you quickly pop mints, Listerine strips, gum, or even reach below the seat for that flask that you’ve kept concealed for just this situation (so that the police can not demonstrate when the alcohol was consumed)? Reaching all around frantically in your vehicle for anything at all, (specially something shiny and metal) as the officer approaches your automobile is a excellent way to increase your odds of getting shot. Roll down all your windows, (this also airs out the automobile), flip on your interior lights, put your hands at the “10 and 2″ position, high on the steering wheel, and don’t get out of the automobile.

Now is also not the time to go into particulars about nearly anything. Despite the fact that it’s hard, a refusal to respond to questions is legal.  More than that, it’s smart, as your answers can’t be used against you, underneath the US Constitution’s Fifth Amendment. So do what any judge or attorney would advise you to do – politely refuse to response any issues, and inform the police that a Newport Beach DUI lawyer (me) advised you not to respond any questions .

2. Politely refuse the Field Sobriety Exams (FSTs).

In California, the FSTs are optional, and voluntary. They are intended to give the police proof to assist a determination of probable cause that you had been under the influence, and can be refused without any consequence. Area sobriety assessments include the walk and turn examination, horizontal gaze nystagmus (watching a pen, flashlight, finger with your eyes), the one leg stand, and even a PAS (preliminary alcohol screening device) test.

Even so, make positive that you know that under California law, there are consequences for refusing an evidentiary test, which is different than a PAS test.  So, the smart thing to do is to politely refuse the field test, politely request a breath or blood test at the station, which offers you much more time to burn off off alcohol.

3. Do not, ever, at any time, miss your court date.

Do not ever before miss your court date, ever, ever, period.  It can lead to additional costs, and a warrant for your arrest, and just makes you look irresponsible to the court.

4. Don’t miss the DMV deadline.

The DMV has a sneaky 10 day deadline to request a hearing, or lose your license, and it’s buried in the fine print of your license.  They are very strict about this requirement, so don’t miss it.

5.  Don’t assume you can’t fight a DUI case, or that it’s helpless.

Make certain you go over ALL defenses in your case, during a free consultation with a DUI Specialist, to see if, and how, your DUI matter can be dismissed, or reduced to a charge that can end up saving countless dollars in fines and fees, and keep you from a criminal record, or points on your driving record. There are a lot of defenses to DUI cases, which include defenses specific to breath testing or blood testing.  The time to explore your defenses is now, not a year later, when you see how much pleading guilty in your DUI case hurt you.

6. Don’t Defend Your self

You may possibly be contemplating defending yourself in court, but that is definitely not a good idea. You’ve heard the saying that a man who defends himself has a fool for a client, and, well… it’s true.  It really is significantly better to have an attorney who is familiar with the law, and skilled with the court exactly where your case is in. Trying to tackle something as complex as DUI by your self is a bad, bad move.

If your circumstance is in Orange County, you really should strongly consult with one of the very best Orange County DUI Lawyers in the location, and get guidance from a DUI Specialist Orange County, to conserve your license and remain out of jail.

Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

Our Orange County DUI Lawyers bring you the name of the Orange County Rehab where Lindsay Lohan is staying.  Radaronline was the first website to break the news that Lohan was staying in Orange County, after being bailed out.  After TMZ had reported that Lohan was to enter a Newport Beach facility, both Radar Online and TMZ deleted that information from their websites.

Lindsay Lohan is at the Morningside Rehabilitation center, a Costa Mesa facility.

A paparazzi crush is possible, but a Costa Mesa Police Department watch commander said city law enforcement will have “nothing to do with” the matter.

So did Morningside and other Newport rehab operators solicit Lindsay’s business while she was in jail?  TMZ wouldn’t say. When asked how Morningside would be handling the privacy issue of not only Lindsay, but other occupants of the facility, the rehab facility said “no comment”.

Why would anyone put rehabs so close to all the partying? Good question, and one resident have asked for years.

But celebrities in rehabs aren’t always great for business.

The inside buzz in Hollywood is Lindsay’s broke. So how is she paying for rehab? Is the media blitz part of a Morningside Recovery PR campaign? Morningside certainly benefits from having nationwide coverage of Lindsay at one of its facilities. But is that really the attention Newport or Costa Mesa wants?

Newport Beach City Manager Dave Kiff said he had found out early Friday morning Lindsay was slated to come to a Morningside facility but wasn’t sure if it would be Newport or Costa Mesa. The Costa Mesa police and Newport Beach department were put on alert anticipating media onslaught.

Bob Rush, who has been a vocal community activist fighting the proliferation of rehab homes in Newport, said he’d heard Lindsay could be in the home a few doors from him.

So how does he feel about massive paparazzi and media camped out on his street? He told me “It brings some good attention to the issue we’ve all been complaining about.”

Some surfers in the neighborhood plan to don their Hawaiian shirts and come out with a welcome banner for Lindsay. You have to love crazy!

But the fact remains Lindsay Lohan is a troubled girl with a serious problem. Whether it’s Newport or Costa Mesa, police will have their hands full with extra officers on duty. Who pays for this?

Can either city recoup those expenses from Morningside? Apparently not, but if it can be proven that Morningside did in fact solicit her business, why should residents have to pay?

Recovering from drugs and alcohol is a tough road under the best of circumstances. But getting sober under the media’s microscope won’t make it any easier for Lohan or the residents unlucky enough to be living around the rehab she finally lands in.

The plan is for Lindsay to stay at least until the next court hearing on October 22.  Morningside is one of only a few rehab programs here in Orange County, and one that our Newport Beach DUI Attorneys know well.

Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

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

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

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

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

Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

Jason Wahler’s legal woes continued Friday night when he was arrested for DUI in Newport Beach, California.  One of a handful of Newport Beach DUI Lawyers will likely be called to professionally handle his DUI case.

According to TMZ, the 23-year-old reality star was taken into custody at 10:54 p.m. after police stopped Wahler in his 2008 Chevy Tahoe.

Wahler, 23, was released on his own recognizance hours later.

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Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

Newport Beach is a city that prides itself on being tough on DUI cases.  Receiving a DUI in Newport Beach means having to deal with both the Orange County Superior Court system, (through the Orange County Harbor Justice Center), AND the DMV regarding your license is an entirely different issue. Another major obstacle to overcome is to find a competent lawyer/attorney in Newport Beach who will not only fight for your rights as a citizen but who will also listen to your needs and game plan your strategies effectively and concisely.
Here are the steps to Take when looking for a Newport Beach DUI Attorney or Lawyer.

More than likely your arrest was made by one of three police divisions; Newport Beach Police Department, Orange County Sheriff’s Department or the California Highway Patrol. If a friend a family member was arrested you’ll need to contact them IMMEDIATELY.

Below is important information you’ll need.

Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
(949) 644-3681

Orange County Sheriff’s Department
550 N. Flower Street,
Santa Ana, CA 92703

HARBOR JUSTICE CENTER

Orange County Superior Court

4601 Jamboree Road

Newport Beach, CA 92660

Contact the DMV Within 10 Days of your DUI Arrest

One of the most important aspects of a DUI arrest in Newport Beach as well as the rest of California is that a person suspected of driving under the influence has 10 Calendar days to contact the DMV with an attorney in order to schedule a hearing and to stop any possible suspension of driving privileges in the state of California. Whether or not someone has a California license is irrelevant, the DMV Admin Per Se hearing is critical in a DUI case mainly for the fact that it gives the attorney handling your DUI the opportunity to cross examine any officers or witnesses involved in the arrest and possibly a forensic toxicologist to testify regarding your blood alcohol level.

Let an experienced DUI Lawyer Handle the Work

It is not recommended for someone to schedule a hearing themselves. For reasons illustrated above, it may be difficult to schedule a hearing, especially if there are witnesses who will be subpoenaed. The attorney involved in defending your DUI will handle the administrative processes for you, giving you peace of mind and allowing the experts to handle the majority of your case. Be sure to have your attorney request a hearing via fax (facsimile) AND through certified mail to insure DMV receives the hearing request.

What you need to know
Because of the fact that an arrest was made in Newport Beach for a DUI, the DMV Admin Per Se Hearing will be held at the Irvine Driver Safety office of the DMV.

The Irvine Driver Safety office is located at

16735 Von Karman, #110,

Irvine, CA 92606-4953.

Because an arrest was made in Newport Beach for a DUI, court appearances are usually heald at the Harbor Justice Center. The Harbor Justice Center is located at 4601 Jamboree Road, Newport Beach, CA 92660-2595.

Our law firm has an excellent reputation as top Newport Beach DUI Attorneys.  Our law firm’s Newport Beach office is located at:

Miller & Associates

5020 Campus Drive

Newport Beach, CA 92660.

Contact us anytime at (949) 682-5316

Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

The Orange County Register had a story about the upcoming DUI Checkpoint in Newport Beach this weekend.  Our Orange County DUI Lawyers bring it to you for your weekend planning.

NEWPORT BEACH – Police will stage a sobriety checkpoint from 9 p.m. Friday to 3 a.m. Saturday on northbound Dover Drive at 16th Street, a location bordered by several nightlife hotspots.

Cars passing the checkpoint will be chosen to move through screening lanes on a pre-determined basis designed to ensure the process is objective and random.

Arrests rarely climb into the double digits at checkpoints, which serve more as deterrents. Last month, a checkpoint staged at the entrance to the Balboa Peninsula resulted in six drunken-driving arrests, plus two more detentions for non-DUI-related offenses.

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Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

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.

Related articles:

• DUI Checkpoint Tonight in North Hollywood (laist.com)
• DUI Checkpoint Tonight at Fairfax and Melrose (laist.com)

Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

(Note: The following article is from the OC Register, and was sent as part of a press release/news alert to our firm, which specializes in Orange County DUI defense).

The California Highway Patrol arrested 73 people in Orange County on suspicion of drunken driving over the Labor Day holiday weekend, compared to 67 last year.
No one was killed in traffic collisions on Orange County freeways, CHP Officer Jennifer Hink said today.
Several other policing agencies throughout the county also made DUI arrests and cracked down on unsafe driving practices, by holding checkpoints and showing an increased presence over the holiday weekend.
Sheriff’s deputies arrested 35 DUI suspects in checkpoints in Dana Point and Mission Viejo, and through saturated patrol efforts, Sgt. Jerry Brittain said.
Three DUI suspects were arrested in a checkpoint Saturday night in Irvine.
Newport Beach police arrested 10 people suspected of drunken driving, Newport Beach police Lt. Craig Fox said. La Habra police also held DUI enforcement efforts over the weekend. Results were not immediately.
Statewide, 10 people were killed on highways between 6 p.m. Friday and 6 a.m. Monday, the CHP reported. That compares with 23 fatalities during the same period last year, the CHP said. At least half those killed this year were not wearing seat-belts, the CHP said.
The final statewide number for DUI arrests will likely be available later today, CHP spokeswoman Jaime Coffee said.
During these periods, which typically coincide with major holidays, the highway patrol and often other law enforcement increase patrols and stage sobriety checkpoints.

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Posts Tagged ‘Newport Beach’

Six things to never do if stopped for a DUI

Thursday, May 19th, 2011

From the Daily Pilot:

“The next time you take a party boat out for a cruise outside Newport Harbor, you may want to assign a DB — designated boater.

With a new bill under review in the state Senate, authorities may soon have the authority to suspend boaters’ licenses if they’re caught operating a vessel while intoxicated.

In a bill introduced last month and set to appear before senators next week, Sen. John Benoit (R-Bermuda Dunes) is looking to reauthorize the DMV to suspend boaters’ licenses for boating under the influence, or BUI, convictions.

The DMV has been treating BUIs like their driving counterparts since the mid-1990s, but a court of appeals ruling last year deemed they do not have the authority.

Benoit’s bill gives the DMV that authority and tacks on a alcohol-awareness class just like you’d get if you were convicted of a DUI.

Benoit has experience in DUI enforcement and stresses the need for safety in our waterways. Local harbor patrol officials couldn’t agree more.

“Anybody who operates a vessel has a great deal of responsibility on the waterways. It’s not only for themselves, it’s for the occupants of that vessel,” said Sgt. Steve McCormick of the Orange County Sheriff’s Harbor Patrol in Newport Beach.

“While [boating] is a recreational activity, there are still numerous responsibilities the skipper must take into account.”

Harbor authorities have plenty of leeway when it comes to enforcing drunk boaters, officials said. They can range from simple warnings to citations to arrests, depending on the circumstances, McCormick said.

According to the most recent report by the Department of Boating and Waterways, there were 55 boating accident fatalities in California waters in 2007, half in Southern California waters.

Twenty victims of the statewide total were found to be under the influence of alcohol. Three-quarters involved capsized boats or people falling overboard. Of those who drowned, eight in 10 were not wearing life jackets, according to the report.

Nearly half of the alcohol-related fatalities in the water in 2007 were passengers.

According to the report, “The designated driver concept, which is popular in some boating safety literature, has its roots in automobile safety where the possibility of falling overboard and drowning (or swimming too close to the propeller) is not a factor.”

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