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Orange County police have announced DUI checkpoints and saturation patrols that are planned for this weekend. Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:
“Cop here! DUI check points are not about catching drunk drivers. DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law. It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers. Feel free to make this as public as possible.”
The following are the DUI Checkpoints in Orange County announced for this weekend:
Anaheim DUI Checkpoint
One of the Orange County DUI Checkpoints is the Anaheim DUI Checkpoint, scheduled for September 15, 2017, starting at 8 pm and ending at 3 am, at Beach Boulevard, at Ball Road, in the City of Anaheim. See our Anaheim DUI Information, if you are curious for details on how Anaheim DUI cases are handled overall.
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
Orange County law enforcement has a number of DUI checkpoints and saturation patrols that are planned for this weekend. Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:
The following are this weekend’s Orange County DUI Checkpoints, Sept 8 2017
DUI Checkpoint in Placentia
Placentia DUI Information. The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.
The checkpoint will be held at 8 p.m. on Friday, Sept. 8, to 2 a.m. Saturday, Sept. 9 within the city of Placentia, on Yorba Linda Boulevard at Kraemer Boulevard.
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
DUI Checkpoint in Rancho Santa Margarita
Rancho Santa Margarita DUI Information. The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.
The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Rancho Santa Margarita. The location was not disclosed.
DUI Checkpoint in Lake Forest
The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.
The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Lake Forest. The location was not disclosed, but past locations were at Muirlands and Ridgecrest, or at El Toro Road and Cornelius Drive.
The law states that: “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop. ” (Vehicle Code 2814.2(a)).
Sometimes clients will come in and ask for a guarantee, or a promise, of a particular result in a DUI case. Usually, that is a promise of their DUI going away. While we have had many DUI cases dismissed in Orange County, it is unfortunately against the State Bar of California’s rules for lawyers to guarantee, or promise, an outcome that is not up to the lawyer. With a DUI, there is a judge, a prosecutor, and potentially a jury that affect the outcome. Can a DUI Attorney promise me the dismissal of a DUI case?Promising a DUI dismissal is not ethical, or legal.
The State Bar of California places five specific duties on the lawyer handling a DUI case, or any other type of matter. We discuss those here.
The first duty – An Attorney-Client Relationship
Attorney-client relationships are created entering into a fee agreement and paying the fee. A lawyer has to obtain enough information from the client to screen for conflicts of interest and ensure that the party they are talking or emailing with is the actual client.
The second duty – Duty of Confidentiality
This is probably the one you already know about, but lawyers are required to take all measures to keep confidential client information confidential. A lawyer cannot reveal any confidential information unless the client gives permission.
The third duty – the Duty of Competence
Basically put, the lawyer has to do the job. A lawyer has to associate in other attorneys that know that area of law well if the lawyer himself or herself doesn’t know what they are doing. In addition, the lawyer must supervise subordinate attorneys and staff who may be working on a client’s case to make sure there is compliance with this professional obligation of the lawyer.
The fourth duty – Duty of Communication
All lawyers in California have a duty to keep the client “reasonably informed about significant developments” and “to promptly respond to reasonable requests for information”. With postal mail, phone calls, email, and text messaging, it is easier than ever to communicate with attorney client confidential information. Our office also meets with clients via video-conferences or in-person meetings whenever the client likes, to make sure they understand what is being communicated about their case.
The fifth duty – Duty of Truth in Advertising and Marketing
To avoid claims of misleading or false statements lawyers must disclose relevant practice areas and jurisdictions where its lawyers are licensed to practice (CRPC 1-400 and corresponding State Bar Act provisions).
Can a DUI Attorney promise me a dismissal?
Contact usif you would like a no lies, honest, no BS assessment of your case and what is possible. We pride ourselves in honest, ethical representation for our DUI clients in Orange County.
In 2015, a scandal in the Orange County court system revealed that thousands of Orange County DUI Cases had been dismissed by the court. That scandal is about to end with the sentencing this month of the person at the heart of the scandal. The details reveal why nearly a thousand Orange County DUI cases were dismissed, along with a few other misdemeanor cases.
Officials now say that about 1,000 DUI and misdemeanor traffic cases were “fixed” by a clerk. The clerk apparently created fake plea deals with heavily reduced penalties.
Apparently through the use of “recruiters”, word was spread that there was someone in the Orange County court system who could “fix things.” One person stated that he paid $8,000 through a middleman to the court clerk that acted as the “fixer”, according to the story in the Times. His second time DUI case was reduced and dismissed.
Considering the cost of a DUI case, I can see why many would pay 8,000 to make a second time DUI go away. But paying exorbitant fees to have a court clerk alter records not only harms the entire system, it ends up costing more for everyone.
Former Orange County Superior Court clerk Jose Lopez Jr. is the suspect that is charged with being at the center of a racketeering enterprise that engaged in bribery. Lopez, a 36-year-old resident of Anaheim, allegedly “resolved” cases by entering information into the court’s computers to make it appear that a defendant had paid required fees or had performed community service. He is at the center of the story of why nearly 70 Orange County DUI cases were dismissed.
In some cases, Jose Lopez illegally created records to indicate that a defendant had pled guilty to a lower charge and that drunk driving charges had been dismissed – avoiding the consequences of a drunk driving charge. According to the indictment, in other cases, Jose Lopez illegally entered court records that it made it appear second-time DUI offenders had served mandatory jail time when they had not. In all, he took in $250,000 to $500,000.
Along with charging him with being the reason why nearly 70 Orange County DUI cases were dismissed, others were also charged – hhe team of 11 recruiters who were charged in the indictment are:
Ricardo Quinones, 32, of Santa Ana;
Juan C. Rosas Santillana, 32, of Chino Hills;
Ramon Salvador Vasquez, 27, of Santa Ana;
Manuel Galindo Jr., 26, of Santa Ana;
Gibram Rene Lopez, also known as “Ivan,” 26, of Anaheim;
Agustin Sanchez Jr., 32, of Santa Ana;
Luis Alberto Flores Guillen, also known as “Bills,” 26, of Santa Ana;
Oscar Centeno, also known as “Mosquito,” 26, of Santa Ana;
Javed Asefi, also known as “Joey,” 43, of Ladera Ranch;
Jeff Reynes Fernandez, also known as “Lean,” 24, of Fullerton; and
Jesus Saldana, 28, of Garden Grove.
The clerk, Jose Lopez Jr., is age 36. He could face up to 20 years in federal prison when sentenced on Sept. 22, but prosecutors will ask for nine years behind bars under a plea agreement signed this month.
Lopez already pled guilty to a federal racketeering charge for running a network that collected bribes from defendants to alter records in 1,034 cases, including 69 misdemeanor DUI cases and 160 other misdemeanor charges. That is why nearly 70 Orange County DUI cases were dismissed, among all the other cases he handled.
Prosecutors said Lopez employed middlemen to collect bribe money, charging up to $8,000 per case.
As a clerk with special access to the court’s computer system, Lopez, hired by the state in 2008, would tamper with cases to make it appear that defendants had paid fees, performed the required community service, or had served mandatory jail time when they had not.
Lopez is an Anaheim resident who turned ticket-fixing into a profitable side business to his court salary; he used some of the funds to open a Mexican restaurant in Garden Grove, and finance trips to Las Vegas and international travel.
Orange County Superior Court has stated that they refined its auditing practices and redesigned its software to prevent future problems. Although they now know why nearly 70 Orange County DUI cases were dismissed, they have taken steps to make sure this doesn’t happen in the future.
Our Orange County DUI Lawyers have learned about these Orange County DUI Checkpoints 7/29/17, and for the whole weekend. There were checkpoints announced in the cities of Laguna Niguel, Anaheim, and Westminster.
The checkpoint will be held at 7 p.m. on Friday, July 28, 2017, to 3 a.m. Saturday, July 29, 2017. Check our Laguna Niguel DUI information page for information on how Laguna Niguel DUI cases are handled.
The Anaheim Police Department Traffic Unit will be conducting a DUI/Drivers’ License Checkpoint tomorrow night, July 28, 2017, on Brookhurst St north of Ball Rd between the hours of 8:00 P.M. and 3:00 A.M.
Although repeated studies have shown not only that DUI checkpoints do not work, they are substantially less effective at ridding the road of drunk drivers than saturation patrols are. However, since both the Federal government (through NHTSA) and the California Office of Traffic Safety (OTS) give substantial funding to pay officer overtime for DUI checkpoints, and not to saturation patrols, and also because of contributions and pressure from MADD, (and in addition, previously because seizure of cars not involved in DUI meant thousands of dollars for police agencies, as shared with police impound lots), DUI checkpoints will continue, including the Orange County DUI Checkpoints 7/29/17, no matter how ineffective they are statistically proven to be.
DUI and your Drivers License – the DMV hearing In California, if you are charged with drunk driving, the Department of Motor Vehicles (DMV) is going to try to take your “privilege to drive” away from you without so much as a hearing. This will be in addition to whatever the courts may try to do to you.
The DMV, under what has been called the “Admin Per Se” law, will try and suspend your privilege to drive anywhere from four (4) months to one (1) to two (2) years without so much as a hearing. If the city police, Orange County Sheriff’s Department, or California Highway Patrol (CHP) arrest someone for drunk driving, then the officer will seize the person’s California Drivers License and give them a Temporary Drivers License which is good for only thirty (30) days. Depending on the circumstances, the temporary “privilege to drive” will end on the 30th day, and remain suspended from four (4) months to two (2) years.
First and foremost, act quickly in getting competent counsel. In the first ten (10) days after your license has been taken: Contact a competent, knowledgeable Orange County DUI defense attorney. He will know what to do. He can get you a hearing on the suspension and in most cases, if you follow my advice and act quickly, he can have the suspension of your “privilege to drive” stayed pending a hearing. That’s right, I can stop the DMV from taking your license pending a formal In Person Hearing. If you don’t act quickly, then the Department of Motor Vehicles will not give you a hearing, and will not “stay” the suspension of your “privilege to drive”.
Why would they do this? Simple, they can get away with it under the current state of the law. Department of Motor Vehicles policies and regulations are complex, but don’t let that scare you. With competent legal assistance, you can get the fair hearing you deserve. Always remember, the Department of Motor Vehicles is not “God” and these hearing can be won.
There are three (3) types of Department of Motor Vehicles hearing.
The first of which is for an individual who is alleged to have been driving with a .08% or higher blood alcohol concentration.
The second of which is for an individual who is alleged to have refused a chemical test of their blood, breath or urine after the request of a police officer.
The third of which is for an individual under 21 years of age who is alleged to have been driving with a blood alcohol concentration of greater than .01%. The latter is sometimes referred to as a “zero tolerance” law.
Sometimes, other forms of DMV hearings are scheduled especially for those drivers who are alleged to have health problems or some form of impairment to affect their ability to operate a motor vehicle. The issues in those cases are too exhaustive to be treated here, and if you are in such a situation, please contact my office immediately.
What I have never understood is that drivers constantly and consistently waive DMV hearing rights all the time and never fight to preserve their rights. These hearings can be won. Yes, there are no guarantees, but they can be won. Every driver needs to demand that they get a “in person” hearing whenever their license is being threatened by the California Department of Motor Vehicles for a DUI stop or for any other reason.
In most cases, to properly handle the issues you are going to need an experienced DUI defense attorney. However, don’t sit on your rights and let the DMV win by default. Contact us if you need help with your DMV case.
Marijuana DUI in Orange County is known to be increasing, and that is causing several actions. Law enforcement is developing new training and tests to catch more marijuana DUIs. The OC Crime Lab, which maintains and calibrates the instruments used in all Orange County DUI cases, is making sure their detection equipment is upgraded and sensitive enough to provide evidence of DUI under the influence of marijuana, and other drug dui (DUID) cases. And prosecutors are using new laws to prosecute those that are accused of having a marijuana DUI in Orange County. However, testing problems persist.
“There are just so many questions we need to address, and so much we don’t know,” said Tara Lovestead, a chemical engineer at NIST. “The biggest issue for law enforcement is Δ9-THC in the blood does not correspond to intoxication.”
Our Orange County DUI lawyers can tell you that DUI cases are taking a different turn in detection and enforcement than they had in the past. Since the State of California expects that there are more Driving Under the Influence of Drugs (DUID) or DUI Drug cases (both illegal and legal drugs) than alcohol cases, the Orange County Crime lab has requested, and has received, new testing equipment to test urine and blood for marijuana and marijuana metabolites.
What is Marijuana?
What is referred to as Marijuana or Cannibis is actually Made up of over 400 compounds • 100+ phytocannabinoids – cannabidiol (CBD) – Δ9-tetrahydrocannabinol (Δ9-THC) • Main psychoactive cannabinoid • Responsible for “high” feeling – Effects pain sensation, mood (euphoria/paranoia), memory, appetite, coordination – Innervate with CB1 and CB2 • Terpenes – aroma • Challenge – Schedule I drug 6 T
What is the limit for Driving Under the Influence of Marijuana in Orange County?
There is no limit.
Any amount = under the influence. In some states, any amount of marijuana in the driver’s system will conclusively establish that the driver was under the influence.
Above the threshold = under the influence. In other states a driver who is above a certain blood or urine concentration level will be considered under the influence.
The defendant’s behavior or actions= under the influence. A minority of states require the prosecutor to prove that the driver was under the influence, by pointing to his behavior or driving, regardless of the amount of marijuana in the driver’s system.
In California, the presence of marijuana presumes that the driver is driving illegally. It is up to the defense to show that the levels or amounts were not enough to impair.
Our Orange County DUI lawyers have noticed, in over 23 years of professionally handling DUI cases in Orange County, that there are known areas where where most DUIs in Orange County occur. Where are those places?
As you can see that is a huge list of cities, and is a large geographic area as well. Part of the reason why this one courthouse handles so many cities is that the Orange County Superior Court used to have another courthouse, the South Justice Center, in Laguna Niguel, which had a plan to expand, and then that facility was closed on July 3, 2008. The Harbor Justice Center court in Newport Beach took over all of those cases formerly handled by the court in Laguna Niguel.
Where most DUIs in Orange County occur by geographic area
Looking at all of those statistics, and with the warning that cultural changes and population shifts often cause statistics to change over time, the OC areas with the most DUIs in Orange County are:
Costa Mesa, near both Bristol and Baker or Adams; and also near The Triangle, on Newport Boulevard near Harbor Boulevard;
Huntington Beach, along Beach Boulevard and along Pacific Coast Highway;
San Clemente along the 5 freeway, (note that this is a CHP training ground, and the CHP notes that due to the higher speeds going to and from Camp Pendleton, that accidents here due to a DUI are especially likely to injure or kill);
Santa Ana, in and around the Artists Village in Santa Ana, and also near the John Wayne Airport;
Fullerton, in and around the Downtown Fullerton area (which is especially heavily patrolled);
Newport Beach, in and around Fashion Island, and also near Pacific Coast Highway and Newport Boulevard;
Irvine, in and around MacArthur Boulevard, and Jamboree Boulevard, and also near the Irvine Spectrum;
Fountain Valley, near the 22 and 405;
Tustin, near The District in Tustin, and also the Tustin Marketplace.
Remember to be careful anytime you drive, anywhere, and avoid drinking and driving. If you do need a DUI lawyer in Orange County, however, please contact us.
You can reach us through our website anytime, for a free consultation regarding your questions for our top Orange County DUI attorney, or needs for representation.
The Newport Beach Police Department announced that there will be a DUI Checkpoint in Newport Beach tonight, June 22, 2017. The location was not disclosed, but Newport Beach PD checkpoints are often along Jamboree at Santa Barbara (near the police station), or other areas near Pacific Coast Highway and Fashion Island. The DUI Checkpoint in Newport Beach tonight, June 22, 2017, will operate between the hours of 8:00 p.m. and 2:00 a.m.
During summer, Orange County DUI Checkpoints are scheduled at random times, (including a Tuesday, like last week’s checkpoint), including this one on a Thursday, and a to increase visibility.
In other jurisdictions, twelve states do not conduct sobriety checkpoints. That is because they prohibit them by state law or their interpretation of their State Constitution. If you live in, or are driving through, any of these 12 states, DUI checkpoints are illegal and are not allowed by law:
Many of the 38 states DO conduct checkpoints under their laws. they do so based upon interpretation of actions allowed the State under the federal Constitution. Washington, D.C. also allows them for that reason.
Are DUI Checkpoints in California Legal?
The U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. The court found that the interest in reducing drunk driving outweighs the “minor infringement” on a driver’s rights.
Certain requirements for “Constitutional” checkpoints do apply, though. In California, the Ingersoll v. Palmer decision applies:
In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized.
Will the DUI Checkpoint in Newport Beach tonight, June 22, 2017 be effective?
Date: Friday, June 2nd, 2017 , from 7:00pm – 3:00am on Saturday, June 3rd, 2017
The location of this DUI checkpoint was not announced, but in the past, DUI checkpoints have been near the Harbor and Pacific Coast Highway, around the drinking establishments near the Harbor and Doheny State Beach.
Orange County DUI Checkpoints 06-02-2017 in Dana Point will be held by the Orange County Sheriff’s Department.
Are DUI Checkpoints in Orange County legal?
Both the United States Supreme Court and the California Supreme Court have decided the issue of whether or not a DUI Checkpoint is Constitutional and Legal. Orange County DUI Checkpoints 06-02-2017 hopefully results in safety and no arrests for anyone. Under California law, (Ingersoll v. Palmer (1987) 43 Cal.3d 1321), a DUI checkpoint is illegal if it does not comply with all of the following components, to ensure fairness and the legal nature of the checkpoint:
DUI checkpoints must have all of the following:
Supervising officers must make all operational decisions;
The criteria for stopping motorists must be neutral;
The checkpoint must be reasonably located;
Adequate safety precautions must be taken;
The checkpoint’s time and duration should reflect “good judgment”;
The checkpoint must exhibit sufficient indicia of its official nature;
Drivers should be detained a minimal amount of time; and
Roadblocks should be publicly advertised in advance.