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Recent Blog Posts in February 2010

February 24, 2010
  Newport Beach DUI Attorney‘DUI hysteria’ must stop
Posted By Coffey and Coffey

helenair.com
For the past 40 years, I have witnessed firsthand the evolution of Montana’s  DUI laws.

In 1969, when I entered law practice, the legal limit for driving while intoxicated was 0.15. The 0.15 legal limit was established because a person was deemed to be drunk or intoxicated at 0.15. In 1977, our Legislature amended Montana’s law by lowering the legal limit to 0.10, which was designated as  DUI (impaired driving). In 2003, our Legislature again amended the  DUI laws by lowering the legal limit to 0.08, now commonly known as buzzed driving. The legal limit for commercial drivers is 0.04. Underaged drivers are deemed to be under the influence at 0.02.

Despite all of the foregoing, Montana has always remained at or near the top of our nation’s list for  DUI traffic fatalities per capita.

For the past several months, I have watched extensive press support for more changes in Montana’s DUI laws, including stiffer penalties, new felony laws, new crimes and fines for failure to test, etc. Frankly, this entire subject has approached what I term “DUI hysteria.”

I suggest a simple solution. The Legislature should simply pass a law that makes it a crime to drink and drive period. The legal limit should be .0000 (zero tolerance). The very first offense could be a felony, punishable with mandatory imprisonment. This is an extreme suggestion to make a point, that even if such a law were passed, Montana would probably remain at or near number one in our nation’s  DUI traffic fatalities per capita.

In conclusion, we simply cannot afford to continue on the same ineffective historical course that has been pursued over the past 40 years.

Hopefully, the Interim Law and Justice Committee will question skewed statistics that have consistently ranked Montana No. 1 in the nation for DUI deaths for the past 40 years. The statistics fail to factor in the vast number of Montana highway miles, Montana’s highway conditions, sparse population, lack of mass transit (most cities don’t have cabs) and other statistical information which details location of many DUI fatalities in Montana.

Hopefully, the Interim Law and Justice Committee will recommend passage of new DUI legislation that emphasizes treatment programs, drug and alcohol courts, diversion programs, and decriminalization of first offense DUIs which don’t involve accidents, death or injury to others.

Continue reading "Newport Beach DUI Attorney‘DUI hysteria’ must stop" »

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February 24, 2010
  Newport Beach DUI Attorney WR Jackson gets work release in DUI; NFL suspension likely
Posted By Coffey and Coffey

signonsandiego.com
Chargers Pro Bowl receiver Vincent Jackson will receive four days in a work-release program, possibly roadside trash pickup, plus a likely NFL suspension this fall, after pleading guilty to his second drunken-driving offense since 2006.

Jackson, 27, also was sentenced to five years’ probation, a $2,408 fine and 15 days of community service stemming from his DUI arrest in January 2009. Because it’s his second  DUI offense, Jackson likely will be suspended by the NFL, according to the league’s substance-abuse policy.

The suspension could be about two games, but his overall punishment could have been much worse. The San Diego City Attorney’s Office asked a Superior Court judge to punish him with “substantial custody” — as much as 180 days in jail — after hearing Jackson make comments in a local radio interview last month that prosecutors apparently considered irreverent, according to court documents.

In that interview with Darren Smith of XX Sports Radio, Jackson was making reference to a different incident: his traffic stop a few hours before the Chargers playoff game against the New York Jets on Jan. 17.

In that interview, Jackson said, “I’m sure that once it’s all said and done, we’ll definitely get the last laugh and hopefully our law enforcement will definitely continue to support us in the way that they have.”

Jackson’s attorney, Cole Casey, was advised that City Attorney Jan Goldsmith was “upset by the radio interview,” according to court documents that Casey filed. “Specifically, he was apparently upset about Mr. Jackson indicating in the interview he would ‘have the last laugh,’ insinuating, at least in the minds of the city attorney, that Mr. Jackson was laughing directly at the prosecutor’s office and law enforcement.”

As a result of that traffic stop, Jackson was charged with driving with an expired registration and a suspended license. (His license had been suspended as a result of his second  DUI arrest.)

Jackson will plead not guilty next week to charges stemming from that traffic stop, Casey said.

Casey said “there’s a genuine issue in that case as to whether Vince knew his license was suspended versus whether it was restricted.”

Jackson’s DUI sentencing was standard punishment for a second DUI, Casey said. Court records show that Jackson didn’t get a jail sentence but is to serve 96 hours in a Sheriff’s work-release program, which in similar cases often constitutes roadside trash pickup over two weekends.

“Although the city attorney attempted to punish him for being a celebrity and making comments on the radio, he was treated as any other second offender,” Casey said. “He wasn’t given any special treatment, nor did he ever ask for any.”

Casey’s court filings also state that in the 14 years of his  DUI law practice, including more than 7,500 cases handled with the City Attorney’s Office, he has “never experienced, on a misdemeanor case, a request to the Judge, by the City Attorney’s Office, for additional custody due to statements made by a defendant in contrary or in criticism to the city attorney’s positions or beliefs.”

Judge David Danielsen’s only remark about the case, according to the City Attorney’s Office, was that he was going to treat Jackson “like everyone else.”

“In light of the fact that Mr. Jackson still has a case pending our lawyers are unable ethically to discuss this beyond simply stating what occurred in the courtroom,” Goldsmith said in an e-mail.

Casey had fought the second DUI case last year on the basis that Jackson’s rights were violated after his arrest when his blood was drawn against his will with his arms handcuffed behind his back. Jackson had requested a breath test instead, as was his right, but a California Highway Patrol officer considered him to be slow-moving and recalcitrant with the breath test, so he administered the blood test instead.

The case was delayed by two continuances since November, helping Jackson avoid a conviction until after the football season. Casey’s court filing also says the city attorney wanted additional custody for Jackson because of the “amount of continuances that were requested.” However, the city attorney did not oppose any of the continuances at the time.

Jackson’s blood-alcohol content in January 2009 was measured at 0.17 percent, more than double the state limit. Jackson’s previous  DUI conviction stemmed from his arrest in June 2006. For that conviction, he received five years of probation and a $1,750 fine.

Continue reading "Newport Beach DUI Attorney WR Jackson gets work release in DUI; NFL suspension likely" »

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February 23, 2010
  Irvine DUI Attorney Modesto area DUI checkpoints screen for unlicensed drivers
Posted By Coffey and Coffey

modbee.com
Officers statewide received about $30 million in overtime pay for the  DUI crackdowns funded by the state Office of Traffic Safety, according to the study.

Modesto police received $73,000 in state grants to fund checkpoints this year and $37,000 for saturation patrols, in which officers drive around looking for impaired drivers.

About $3,000 is needed to fund a Modesto police checkpoint. Blom said the department plans to conduct about 20 checkpoints this year.

The local police agencies say they can't afford to pull officers from regular patrol duty to operate the checkpoints. They don't want to reduce patrol staffing, so they're forced to have officers earning overtime at the checkpoints.

In some cases, officers assigned to DUI units can work at the checkpoints earning their base salary, but local police officials say that's a rarity.

Blom said Modesto police has a minimum of eight officers at each checkpoint but prefers to have 10 to 12 officers.

When drunken drivers are arrested, officers have to step away to start paperwork and take the suspect to jail.

"You got a lot of things going on at once, and you have to keep the line moving," Blom said. "We're dealing with a whole bunch of cars moving through the checkpoint."

According to the study, an average of 18 officers worked at each checkpoint statewide. The federal traffic safety agency advises that police can set up checkpoints with as few as six officers.

"I don't see how you can do a checkpoint with six officers," said Vierra of the Ceres Police Department, which has 10 to 13 officers working at each checkpoint.

Ceres police received an $80,000 state grant this year for anti-DUI operations, and $27,000 from the grant will be used for checkpoints.

Ceres police will conduct four checkpoints this year and spend about $3,500 to $5,000 on each checkpoint.

Riverbank police services received $150,000 in state grants for  DUI enforcement operations, including sobriety checkpoints and saturation patrols.

Kimbrough said Riverbank police has 18 checkpoints scheduled this year, and it takes $3,200 to $3,400 to fund a checkpoint.

Sometimes, Riverbank police will decide not to tow a vehicle from an unlicensed driver. At a recent DUI checkpoint, Kimbrough said, officers came across a man driving with a license that had expired six days earlier.

The driver admitted he had forgotten about the expiration date, so Kimbrough said they had the man's wife pick up the vehicle instead of towing it.

"It's not a money venture," Kimbrough said. "It's about educating the public."

Continue reading "Irvine DUI Attorney Modesto area DUI checkpoints screen for unlicensed drivers" »

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February 23, 2010
  Modesto area DUI checkpoints screen for unlicensed drivers
Posted By Coffey and Coffey

modbee.com
Modesto area police agencies readily say that drunken drivers aren't their only targets when they set up  DUI checkpoints.

They're also aiming to curb unlicensed drivers, who police say are safety threats for others.

That's why so many vehicles are towed at DUI checkpoints compared with the number of arrests they achieve, officers say.

Ceres police Sgt. Danny Vierra said a lot of drivers leave the scene of a crash, which is a felony, because they don't have a license or insurance.

"We definitely believe hit-and-run accidents have a correlation with unlicensed drivers," said Vierra, who coordinates the department's checkpoints. "I think (the checkpoints) are a good way to attack both problems."

Vierra and other local officials are responding to a recent California Watch investigation that found police agencies statewide are raking in millions of dollars in towing fees while officers earn overtime to staff checkpoints that record few DUI arrests.

California Watch, a nonprofit investigative news outlet, found that cities with higher populations of Latino residents tended to have greater numbers of cars towed at checkpoints, a correlation that officials attributed to the likelihood that some of those cars belong to illegal immigrants.

For example, in Modesto where the population is 34 percent Latino, officers towed eight vehicles for every  DUI arrest during four checkpoints in fiscal year 2008-09.

In Ceres, where the population is 50 percent Latino, officers towed about 20 vehicles for every DUI arrest during two checkpoints, according to the data collected by California Watch.

Its three-month analysis, however, did not find evidence that police departments set up checkpoints to target Latino drivers.

Local police agencies said they choose checkpoint locations based on how many DUI-related crashes and arrests occur in that area, along with the amount of traffic on a given street. The agencies rotate the locations for the checkpoints.

The California Watch study also found tow-aways from checkpoints in 2009 statewide generated an estimated $40 million in towing fees and police fines, revenue that cities divide with towing firms.

Modesto police Lt. Scott Blom said towing vehicles is not an effort to generate money. He said officers can't let an unlicensed driver leave in the vehicle, because the department would be responsible.

"We can't just say 'never mind, here are the keys,' " said Blom, who supervises the department's traffic unit. "When they go down the street and get in a wreck, it's our fault."

One in every 10 drivers screened at Riverbank checkpoints doesn't have a valid license, said Stanislaus County sheriff's Sgt. Vince Kimbrough, whose duties include overseeing traffic enforcement in Riverbank.

Suspended license, 3 DUIs

 

At a Riverbank checkpoint this month, Kimbrough said officers encountered a woman driving with a suspended license because of a  DUI conviction. Her license had been suspended twice before for two other DUI convictions.

"And she's still driving a vehicle with no insurance, because she can't get insurance without a license," Kimbrough said. "We're not about towing away vehicles. It's about correcting bad driving behavior."

California Watch analyzed data documenting the results from every checkpoint that received state funding the past two years.

Ceres, Modesto, Riverbank and Ripon police departments were listed in that data. Ripon police officials were not available to comment for this report.

Continue reading "Modesto area DUI checkpoints screen for unlicensed drivers" »

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February 21, 2010
  Carson has also quit his law and lobbying firms
Posted By Coffey and Coffey
philly.com
Timothy J. Carson, who resigned as vice chairman of the Pennsylvania Turnpike Commission last week after admitting to two  DUI convictions, also has quit his law firm of 32 years and is leaving the lobbying firm he cofounded in 2003.

Those job changes were decided before his turnpike resignation and had nothing to do with his revelation of the  DUI convictions, Carson said yesterday.

Carson, a former president of the Pennsylvania Bar Association and former finance chairman of the Republican State Committee, said he left the Center City law firm of Saul Ewing on Dec. 31. He had been a partner there since 1981.

Carson said he resigned on amicable terms after he and the Saul Ewing compensation committee could not agree on his compensation for 2010.

Leslie Gross, a spokeswoman for Saul Ewing, agreed.

"Tim's leaving the firm had nothing to do with the DUI," Gross said. She said firm management had been unaware of the convictions until Carson made them public in his resignation letter to Gov. Rendell.

She said Carson and firm management agreed last summer that he would end his association with the firm Dec. 31. But there was no public announcement at the time, and Carson's biography remained on the firm's Web site until after his turnpike resignation.

Carson also ended his role as a partner of the lobbying and government-relations firm CHH Partners L.L.P. on Jan. 1, said Richard W. Hayden, the Saul Ewing lawyer and former state legislator who founded CHH with Carson and Lois Hagarty, another former state legislator, who is also a Saul Ewing partner.

Carson, 61, is serving as a consultant to CHH until about March 1, Hayden said.

CHH operates out of Saul Ewing's offices, but is a separate corporation that has a "strategic alliance" with the law firm, Hayden said. The firms refer work to each other, he said.

Carson's place as an owner of the lobbying firm has been taken by Jeffrey Sharp, a veteran Harrisburg lobbyist and former legislative aide, Hayden said.

"I'm reducing my commitment there," Carson said of the lobbying firm, but added that he hoped to remain active in public-finance issues, especially transportation finance.

"I have no interest in retiring," said Carson, a former board chairman of the Delaware Valley Regional Planning Commission. "At a certain point in the future, I expect I'll announce some new affiliations."

Carson resigned Feb. 8 from his $26,000-a-year job on the Turnpike Commission. In his letter to Gov. Rendell, he divulged that he had had two  DUI accidents while operating official vehicles.

Carson said in the letter that he had not reported the incidents in 2003 and 2006 to turnpike officials as required by turnpike rules. He said he paid all repair costs and received two  DUI convictions.

He said he had not had a drink since the 2006 incident.

Carson said yesterday that he had been required to spend five days in an alcohol-treatment facility, in lieu of jail, and that he lost his driver's license for a year. He regained his driving privileges last month, he said. The suspension had not occurred at the time of the 2006 accident because of court appeals, he said.

While his license was suspended in 2009, he traveled between his Rosemont home and Harrisburg by train or in a car driven by turnpike coworker Mimi Lindelow, he said.

Lindelow is a "public-involvement specialist" for the turnpike's public-relations department. She previously served as a legislative aide to Hagarty and other lawmakers. Lindelow lives in Haverford, near Carson's home, and he said, "We had carpooled before my suspension, too."

Lindelow's boss, turnpike public-relations manager Carl DeFebo, said that the driving arrangement was informal and that Lindelow was not directed to be Carson's chauffeur while he was unable to drive. DeFebo said Lindelow drove Carson to Harrisburg "on eight to 10 occasions."

"She was never assigned to that role," DeFebo said. "They would on occasion ride up together. But if it was not convenient for her to drive, she wouldn't do it. More often than not, he took the train."

Carson said yesterday that "obviously, this isn't the way I wanted to go out the door . . . but I'm trying to do what I tell my kids to do: admit I made a mistake and address the behaviors that led to it."

Continue reading "Carson has also quit his law and lobbying firms" »

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February 21, 2010
  Huntington Beach DUI Attorney Miami Dolphins cornerback Will Allen charged with a DUI
Posted By Coffey and Coffey

miamiherald.com
Miami Dolphins cornerback Will Allen was arrested and charged with a DUI early Saturday morning after revving his engine and refusing to get out of his car at a police barricade near South Beach.

Allen, 31, was arrested at 3:30 a.m. where the MacArthur Causeway connects to Alton Road, according to a  DUI arrest affidavit filed by investigators.

In the affidavit, police said Allen was in his car -- a Ferrari, according to NBC Sports -- and drew the attention of officers after he revved his engine.

When an officer approached, Allen lowered his window, and was quoted as saying ``I gotta get through.''

When the officer explained the road was closed due to a  DUI accident, Allen insisted that he needed to bypass the police barricade saying, ``You don't understand. I gotta get through.''

The officers then noticed Allen's ``bloodshot eyes'' and ``constant sleepy look,'' and had to ask him four times to step out of his car before he finally complied.

He was given two Breathalyzer tests, as required under Florida law.

The result of one  DUI test showed his blood alcohol level at more than twice the limit of .08. The other test registered .152, the affidavit noted.

Allen was booked into the Pre-Trial Detention Center in Miami and later released on $1,000 bail, according to a Miami-Dade County Corrections spokeswoman.

Court records in Broward and Miami-Dade counties show Allen had no previous arrests. He got a speeding ticket last June in Broward.

National Football League officials could not be reached for comment, but Allen's arrest is expected to be reviewed under the NFL's Personal Conduct Policy.

Implemented in 2007, the policy requires that all ``persons associated with the NFL,'' including the players, ``avoid conduct detrimental to the integrity of and public confidence in the National Football League.'' Athletes can be punished even if their alleged criminal behavior doesn't end in a conviction. Previously, the NFL withheld punishment until the case was legally resolved.

Allen, who is married with three children, lives in Davie.

He has been playing pro football since 2001 after leaving Syracuse University, where he started as a cornerback during his last three seasons. He was originally drafted in the first-round by the New York Giants, where he played five seasons before being signed as a free agent by the Dolphins in 2006.

Allen began the 2009 season as the Dolphins No. 1 cornerback, with a contract extension signed early in training camp. An erratic season followed, which ended after the sixth game when he tore knee ligaments. Still, Allen insisted to The Miami Herald recently that he would be one of the Dolphins' starting cornerbacks next season.

Allen has been very active as a volunteer in the South Florida community, working mostly with kids, according to the Miami Dolphins website.

As a Dolphin, he has been part of the ``All-Community Team'' each of the last three years, a program in which players donate tickets to local charitable organizations. He also tours and speaks to kids in elementary schools, including ``Take a Player to School'' events, where he promotes the NFL's Play60 fitness program.

Continue reading "Huntington Beach DUI Attorney Miami Dolphins cornerback Will Allen charged with a DUI" »

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February 19, 2010
  Newport Beach DUI Attorney DUI checkpoints scheduled for next two weekends
Posted By Coffey and Coffey

azstarnet.com
Local police will be staffing  DUI checkpoints the next two weekends in an effort to cut down on drunk driving.

The Pima County Sheriff's Department will hold a DUI checkpoint somewhere outside the Tucson city limits this evening, while the Tucson Police Department will hold a checkpoint within city limits on Saturday night.

Both checkpoints, as well one to be conducted by Pima County on Feb. 26, are being funded by grants received from the Governor's Office of Highway Safety, authorities said.

In addition to the checkpoints the Southern Arizona DUI Task Force has scheduled a full-fledged DUI deployment for the upcoming Rodeo weekend next week.

Continue reading "Newport Beach DUI Attorney DUI checkpoints scheduled for next two weekends" »

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February 19, 2010
  Huntington Beach DUI Attorney Surf City police arrest 9 at DUI checkpoint
Posted By Coffey and Coffey

ocregister.com
HUNTINGTON BEACH – The Huntington Beach police traffic bureau arrested nine people on suspicion of  DUI at a recent sobriety  DUI checkpoint at Beach Boulevard and Slater Avenue.

Of the 1,600 vehicles that went through the DUI checkpoint, 563 were screened for DUIs. In addition to the  DUI arrests, 10 cars were impounded and one criminal arrest was made during the Feb. 13 DUI checkpoint, the report said.

Article Tab : police-beach-sobriety-checkpoint
Huntington Beach police conducted a sobriety checkpoint Feb. 13.

Officers also handed out more than 550 educational pamphlets about drinking and driving.

The  DUI checkpoint began at 9:30 p.m. and ended at 2:30 a.m.

Continue reading "Huntington Beach DUI Attorney Surf City police arrest 9 at DUI checkpoint" »

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February 18, 2010
  Irvine DUI Attorney : CHECKPOINTS: Weekend's DUI stops
Posted By Coffey and Coffey

dailybreeze.com 
The Gardena Police Department will conduct a  DUI and driver's license checkpoint from 7:30 p.m. Friday to 3:30 a.m. Saturday in the eastbound lanes of El Segundo Boulevard at Halldale Avenue.

Los Angeles. Police officers will conduct a  DUI checkpoint from 8 p.m. Friday to 3 a.m. Saturday on Slauson Avenue between Alsace and Verdun avenues.

Los Angeles. Los Angeles police officers will conduct a  DUI and driver's license checkpoint from 7 p.m. Saturday to 2 a.m. Sunday on Vermont Avenue between Pico Boulevard and 11 th Street.

Funding for the  DUI checkpoints is provided by the California Office of Traffic Safety through the National Highway Transportation Safety Administration.

Police also ask motorists to help them catch suspected drunken drivers by calling 911 and providing a description of the vehicle and location.

Why publicize checkpoints?

Gardena. Gardena police say  DUI checkpoints are a proven method for increasing awareness of the dangers of impaired driving and to encourage sober designated drivers..

By publicizing the checkpoints, police officers believe motorists might be deterred from drinking and driving.

During DUI checkpoints, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested

Continue reading "Irvine DUI Attorney : CHECKPOINTS: Weekend's DUI stops" »

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February 17, 2010
  LCPD plans sobriety checkpoint
Posted By Coffey and Coffey

lcsun-news.com
LAS CRUCES - At least one DUI sobriety checkpoint will take place in city limits between Thursday and Sunday, according to the Las Cruces Police Department.

LCPD DUI checkpoints are part of the department's efforts to reduce and eliminate the number of motorists who drive while intoxicated. The DUI enforcement activities also may include saturation, underage and party patrols.

LCPD encourages those who plan on consuming alcoholic beverages to arrange ahead of time and use a designated driver - someone who will not be  DUI - for their transportation needs.

Continue reading "LCPD plans sobriety checkpoint" »

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February 17, 2010
  Orange County DUI Attorney Upcoming DUI Checkpoints
Posted By Coffey and Coffey

edhat.com
SANTA BARBARA, CA - The Santa Barbara Police Department will be conducting DUI Checkpoints in the City of Santa Barbara on the following dates and times. Driver's licenses will be checked at this  DUI checkpoint.

Thursday February 18th, 2010 6 pm to 2 am

Sunday February 21st, 2010 6 pm to 2 am

The Santa Barbara Police Department encourages everyone to drink responsibly, pre-arrange for a ride home, designate a driver and understand that every officer will be diligently looking for the impaired driver. Additionally,  DUI enforcement officers will be on patrol throughout the weekend and we would prefer to arrest the  DUI driver than to find them in a collision.

Funding for this DUI program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Additionally, we encourage everyone to report the suspected impaired driver by calling "911." Doing so could save the life of a loved one. Don't drink and drive!

Continue reading "Orange County DUI Attorney Upcoming DUI Checkpoints " »

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February 16, 2010
  Tucson-area authorities enforcing 2 programs
Posted By Coffey and Coffey

kgun9.com
TUCSON, Ariz. (AP) - Tucson-area authorities are implementing several special  DUI enforcement programs aimed at curbing DUI and enforcing seat belt and child safety seat use.

The Pima County Sheriff's Department will have two special  DUI checkpoints this week. At the same time, enhanced DUI and liquor license compliance patrols will be conducted.

The Tucson Police Department began a safety restraint enforcement program on Sunday. It will run throughout this week.

Continue reading "Tucson-area authorities enforcing 2 programs" »

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February 16, 2010
  Sobriety checkpoints in California like cash cows for police - study
Posted By Coffey and Coffey

istockanalyst.com
LOS ANGELES, Feb. 15, 2010  A local investigation has found  DUI sobriety checkpoints in California are turning into cash cows for some local police departments.

The investigation, conducted by the Investigative Reporting Program at UC Berkeley with California Watch and released on Monday, said that impoundments at  DUI checkpoints in 2009 had generated an estimated total of 40 million U.S. dollars in towing fees and police fines.

The investigation also found that police officers manning these DUI checkpoints received some 30 million dollars in overtime pay for " DUI" crackdowns in 2009.

These crackdowns, funded by the California Office of Traffic Safety, were found to be more likely to seize cars from unlicensed motorists than to catch drunk drivers.

Sobriety checkpoints frequently screened traffic within or near Hispanic neighborhoods. In South Gate, a Los Angeles County city where Hispanics make up 92 percent of the population, police confiscated an average of 86 motor vehicles per  DUI crackdown operation in the last fiscal year, the investigation found.

Local police departments often overstaffed DUI checkpoints with officers, in violation of a 2005 federal appellate court ruling that bans police officers from seizing vehicles just because their drivers are unlicensed, the investigation pointed out.

In 2009, more than 24,000 motor vehicles were impounded at these checkpoints but only 3,200 drivers were detained for DUI, the investigation said.

Continue reading "Sobriety checkpoints in California like cash cows for police - study" »

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February 15, 2010
  Newport Beach DUI Attorney-Police arrest seven at DUI checkpoint
Posted By Coffey and Coffey

ocregister.com
SEAL BEACH – Police arrested seven drivers suspected of  DUI on Saturday during a checkpoint on Pacific Coast Highway.

Police conducted the DUI checkpoint from 8 p.m. to 2 a.m. to check for impaired drivers or those driving with an invalid license, police said.

Fifteen citations for other violations were handed out and police impounded 10 cars, police said. The DUI checkpoint was set up at the intersection of PCH and 1st Street.

Sgt. Steve Bowles of Seal Beach police said DUI checkpoints also serve as an opportunity to educate drivers of the dangers of drinking and driving.

"A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers," he said. "A  DUI checkpoint is a proven effective method for achieving this goal."

The DUI checkpoint was funded by a grant from the California Office of Traffic and Safety.

Continue reading "Newport Beach DUI Attorney-Police arrest seven at DUI checkpoint" »

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February 15, 2010
  CHP: Girl, 16, with DUI record arrested in Aptos drunken carjacking
Posted By Coffey and Coffey

mercurynews.com
APTOS - A Watsonville girl already on probation was arrested on suspicion of  DUI  near Seascape Village on Saturday night, the California Highway Patrol reported.

The 16-year-old and two other teenage girls allegedly stole the vehicle on Dolphin Drive, but then crashed into a stop sign about 150 yards away, according to CHP officer Sarah Jackson.

The girls ran away, but were caught nearby. Jackson said the girl who was driving at the time of the crash and the main suspect in the theft was on probation for similar DUI offenses.

The vehicle was released to its owner, who arrived at the crash scene with his passenger, and the girl was arrested on suspicion of felony vehicle theft, DUI, hit and run and driving while her license was suspended because of a prior DUI, according to Jackson.

The girl was released into the custody of her parents

Continue reading "CHP: Girl, 16, with DUI record arrested in Aptos drunken carjacking" »

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February 14, 2010
  Newport Beach DUI Attorney-California Cops Exploit DUI Checkpoints to Rake in Cash
Posted By Coffey and Coffey
alternet.org
California police are turning DUI checkpoints into profitable operations that are far more likely to seize cars from unlicensed minority motorists than catch drunken drivers.
 
 

Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments that are far more likely to seize cars from unlicensed motorists than catch drunken drivers.

An investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at DUI checkpoints in 2009 generated an estimated $40 million in towing fees and police fines – revenue that cities divide with towing firms.

Additionally, police officers received about $30 million in overtime pay for the DUI crackdowns, funded by the California Office of Traffic Safety.

In dozens of interviews over the past three months, law enforcement officials and tow truck operators say that vehicles are predominantly taken from minority motorists – often illegal immigrants.

In the course of its examination, the Investigative Reporting Program reviewed hundreds of pages of city financial records and police reports, and analyzed data documenting the results from every checkpoint that received state funding during the past two years. Among the findings:

• 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, a Los Angeles County city 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. That total is roughly seven times higher than the 3,200 drunken driving arrests at roadway operations. The percentage of vehicle seizures has increased 53 percent statewide 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 police and sheriff’s departments 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. 

Indeed, the Investigative Reporting Program’s analysis did not find evidence that police departments set up checkpoints to specifically target Hispanic neighborhoods. The operations typically take place on major thoroughfares near highways, and minority motorists are often caught in the checkpoints’ net.
 
“All we’re looking for is to screen for sobriety and if you have a licensed driver,” said Capt. Ralph Newcomb of the Montebello Police Department. “Where you’re from, what your status is, that never comes up.”

Additionally, the 2005 appellate court ruling includes exceptions, allowing police to seize a vehicle driven by an unlicensed motorist when abandoning it might put the public at risk. Examples include vehicles parked on a narrow shoulder or obstructing fire lanes.

But reporters attending DUI checkpoints in Sacramento, Hayward and Los Angeles observed officers impounding cars that appeared to pose no danger. 

Reporters also noted that many of the drivers who lost their cars at these checkpoints were illegal immigrants, based on interviews with the drivers and police. They rarely challenge vehicle seizures or have the cash to recover their cars, studies and interviews show.

Some tow truck company officials relayed stories of immigrant mothers arriving at impound lots to remove baby car seats and children’s toys before leaving the vehicle to the tow firm.

“I have to stand here for days and watch them take their whole life out of their vehicles,” said Mattea Ezgar, an office manager at Terra Linda Towing in San Rafael. 

This wasn’t what lawmakers intended when they passed an impound law 15 years ago – the same law that the federal court has since questioned, said David Roberti, former president of the state Senate.

 “When something is that successful, then maybe it’s too easy to obtain an impoundment, which should usually be way more toward the exception than the rule,” Roberti said.

The impound law granted police the authority to seize unlicensed drivers’ cars for 30 days. The California Attorney General’s Office said in a written statement that the state law is murky in terms of whether vehicles driven by unlicensed motorists can be taken at all.

Police do not typically seize the cars of motorists arrested for drunken driving, meaning the owners can retrieve their vehicles the next day, according to law enforcement officials.

To be sure,  DUI checkpoints have saved countless lives on the nation’s roadways and have brought thousands of drunken drivers to justice. And by inspecting driver’s licenses, police catch motorists driving unlawfully, typically without insurance, and temporarily remove them from the road.

With support from groups such as Mothers Against Drunk Driving, California more than doubled its use of sobriety checkpoints the past three years.

State officials have declared that 2010 will be the “year of the checkpoint.” Police are scheduling 2,500 of the operations in every region of California. Some departments have begun to broaden the definition of sobriety checkpoints to include checking for unlicensed drivers.

Checkpoint impact not limited to drunken drivers 

The checkpoints have rocked lives of sober motorists such as Luis Gomez.

In the early evening of Jan. 2 of this year, Gomez was driving his Chevy truck through downtown Los Angeles when traffic slowed to a stop.

A couple blocks from the Staples Center, orange cones narrowed Olympic Boulevard’s three westbound lanes to two. Los Angeles Police Department officers, stationed beneath a freeway overpass, began questioning drivers as part of a  DUI checkpoint.

Gomez, a 42-year-old construction worker, said the roadblock didn’t concern him. He said he doesn’t drink alcohol.

But the illegal immigrant was driving without a license. Gomez received a traffic citation.

A tow truck operator took his truck.

Owners who do recover their vehicles pay between $1,000 and $4,000 in tow and storage charges and fines assessed by local governments, municipal finance records show.

Officers do not inquire about the drivers’ residency status. Nor do they contact U.S. Immigration and Customs Enforcement when they suspect unlicensed motorists are in the country illegally.

Gomez said he’d try to save whatever money he could to get back his truck. The Chevy is critical for him to continue finding work at construction sites, jobs that have supported him for two decades in the United States.

“It’s going to be hard, because times are hard,” Gomez said.

Impounds aid cash-strapped local governments

Cities have their own money problems.

Since 2007, the sales tax revenues of California municipalities have shrunk by $471 million, figures from the California State Board of Equalization show.

Property values have withered, too, causing financial woes at every level of government.

“If a city wants to try to raise revenue, in mostly all cases you have to go to the voters,” said Daniel Carrigg, legislative director for the League of California Cities. Local governments, instead, are adding to fees for services and fines for an assortment of violations.

Local governments often charge unlicensed drivers a fine to get their vehicles released from impound – on average more than $150, finance records show. Cities, increasingly, also get a cut of the fees that tow operators charge vehicle owners, generating hundreds of thousands of dollars a year.

Some local governments ensure they get a larger share as their police departments seize more and more cars.

In Los Angeles County, the city of Montebello requires its tow operator to increase its cut of impound revenue when the police department seizes a higher volume of cars. 

Tow company Helms and Hill Inc. pays Montebello $200 per tow when officers order more than 151 cars hauled away each month, the city’s finance records show. 

Montebello’s DUI checkpoints rank among California’s least effective at getting drunks off the road.

Last year, officers there failed to conduct a single field sobriety test at three of the city’s five roadway operations, state records show.

Montebello collected upward of $95,000 during the last fiscal year from checkpoints, including grant money for police overtime.

The California Office of Traffic Safety, which is administered in part by officials at UC Berkeley, continues to fund Montebello’s operations, providing a fresh $37,000 grant for this year.

Checkpoint location may influence impounds

Most of the state’s 3,200 roadblocks over the past two years occurred in or near Hispanic neighborhoods, the Investigative Reporting Program’s analysis shows. Sixty-one percent of the  DUI checkpoints occurred in locations with at least 31 percent Hispanic population. About 17 percent of the state’s checkpoints occurred in areas with the lowest Hispanic population – under 18 percent.

Further, police impound the most cars per checkpoint in cities where Hispanics are a majority of the population, according to state traffic safety statistics and U.S. Census data.

For 12 years, Francisco Ruiz has run El Potro, a Latin music nightclub, at the northeast corner of A Street and Hesperian Boulevard in Hayward. Not once had he seen a  DUI checkpoint. Then, in 2009, the city’s police department conducted four operations just outside his front door.

“They’re not taking drunk drivers,” Ruiz said as he watched cars crawl through a Dec. 18 checkpoint at the intersection. “They’re taking people without a license.”

An hour into the operation that evening, officers had yet to make a DUI arrest, reporters observed.

But about a half dozen cars were impounded, leaving drivers stranded. Only one of the drivers could show he was a legal U.S. resident.

The state does not consistently collect data on where local police departments set up checkpoints. A majority of California law enforcement agencies declined to release records showing which intersections they target, or what transpired at checkpoints, making it difficult to perform a statistical analysis of seizures in heavily minority communities.

But cities across the state operate checkpoints in high minority communities, the Investigative Reporting Program found through demographic data and more than three dozen interviews with law enforcement officials at DUI crackdowns.  

In the Los Angeles suburb of South Gate, Hispanics make up 92 percent of the population. The police department averaged 86 impounds each time officers shut down a road last year for a sobriety checkpoint. By comparison, they averaged a little more than four drunken driving arrests.

Checkpoints in cities where Hispanics are the largest share of the population seized 34 cars per operation, a rate three times higher than cities with the smallest Hispanic populations, the Investigative Reporting Program’s analysis shows.

The checkpoint data tells a similar story in two-dozen other cities. A majority of these communities are crowded together east of Los Angeles within the Inland Empire. 

The disparity between vehicles impounds and DUI arrests exist in virtually every region of California.

Marin County checkpoints raise questions
 
San Rafael sits at the entrance to the northern Bay Area, crisscrossed by freeways from San Francisco and East Bay cities.

Hispanics comprise only a quarter of the city’s residents, according to demographic data from the U.S. Census Bureau. San Rafael’s Hispanic neighborhoods cluster along the freeways, near the water in what is called the Canal District.

During the past two years, 10 of the city’s 12 sobriety checkpoints took place on streets surrounding these neighborhoods. Those operations resulted in four  DUI arrests and 121 impounded cars for driver’s license violations.

“We do not put checkpoints right there in the Canal District,” said Lt. Glenn McElderry, head of San Rafael police’s traffic unit.

While police have not staged operations directly inside the Canal District, the department’s records show San Rafael officers repeatedly conducted checkpoints right outside the neighborhood. 

During the past two years, police sobriety checkpoints halted traffic on the Canal District’s two primary feeder streets – Francisco and Bellam boulevards.

McElderry said San Rafael police start their checkpoints in the southern part of the city, near the Canal District, and then move to intersections further north after 10 p.m. when traffic slows.

San Rafael’s data on drunken driving arrests, made independent of checkpoints during the past three months, show police made 20 DUI arrests, only three of which took place in the Canal District.

Impounds at DUI checkpoints are incidental, not intentional, law enforcement officials argue.  And the operations do not target Hispanic communities, they say.

“Our checkpoints are sobriety and driver’s license, but one thing we always emphasize: The reason why we’re out here are drunk drivers,” said Officer Don Inman, grant administrator for the Los Angeles Police Department’s traffic division. “The driver’s license, that’s just a side issue that we deal with. We always try to make sure we pick in locations where we’re going to get drunk drivers.”

LAPD averaged six DUI arrests per checkpoint in 2009, state data shows, more than most California departments. 

The state traffic safety agency requires that police wait until 6 p.m. to begin screening cars, though a few start earlier. The checkpoints typically last six hours over a single night.

Even still, the LAPD’s driver’s license impounds doubled the past two years. One operation in December netted 64 vehicle seizures and four drunken driving arrests.

One police agency, the California Highway Patrol, has far different results at its checkpoints. In 2008, state records show, the CHP arrested four intoxicated motorists for every one car that deputies seized.

The highway patrol does not charge a fee to release impounded vehicles and collects no revenue from seizures, said Sgt. Kevin Davis, who oversees checkpoints in CHP’s research and planning division.

Police say they consider a number of factors when setting up a checkpoint.

Sgt. Dennis Demerjian, of the El Monte Police Department, said he typically consults his agencies’ internal data to find intersections where clusters of alcohol-involved collisions have taken place.

Riverside County Sheriff’s Office Deputy Jarod Howe said roadways must have heavy traffic to justify placing officers there. 

A street needs to be wide enough to allow cars to pull off safely. Officers also need space to conduct field sobriety tests and question motorists without licenses.

And the area needs to accommodate the tow trucks to remove seized vehicles, Howe acknowledged.

Police and state traffic safety officials contend that impounding the cars of unlicensed drivers is, like catching drunken drivers, a critical part of making California’s roads less dangerous.

“It’s well known that drivers driving without licenses are frequently involved in accidents,” said Sgt. Jeff Lutzinger, the head of Hayward’s traffic safety division.

Research by the National Highway Traffic Safety Administration has shown that motorists driving with a suspended or revoked license cause collisions at a higher rate.  These drivers are also typically uninsured.

The state’s traffic safety office has declared vehicle seizures an effective way to remove risky, uninsured drivers.

“Law enforcement agencies have stated that these tools have helped decrease the number of unsafe drivers on public roads as well as reduce the number of hit-and-run traffic collisions,” a 2005 report from the state agency said.

Funding for DUI crackdowns plays major role

The federal government provides the California Office of Traffic Safety about $100 million each year to promote responsible driving that reduces roadway deaths. Of that, $30 million goes into programs that fund drunken driving crackdowns, particularly checkpoints.

Police officer overtime accounts for more than 90 percent of the expense of sobriety checkpoints. Departments do not assign officers to work checkpoints during their regular shifts.

Law enforcement agencies tend to use more officers than a checkpoint requires, according to guidelines established by the National Highway Traffic Safety Administration. 

Statewide, police departments on average deployed 18 officers at each checkpoint, according to state data. The federal traffic safety agency advises that police can set up DUI checkpoints with as few as six officers.

The additional dozen officers typical at a California roadway operation cost state and federal taxpayers an extra $5.5 million during the 2008-2009 fiscal year, according to the Investigative Reporting Program’s analysis.

The LAPD sent 35 officers, on average, to every sobriety crackdown.

At least a dozen officers spent hours sitting and chatting at an operation in early January in downtown Los Angeles. A couple of officers smoked cigars as they watched cars go through the screening.

Officers seized 22 cars that evening and made one DUI arrest.  

The state data shows that last fiscal year LAPD spent $16,200 per checkpoint, all of it on officer overtime. 

Impounds a lucrative business for cities, towing companies 

Cities and private towing operators make tens of millions of dollars a year from checkpoints. This cash comes from tow fees and daily storage charges, finance records at a half dozen cities show. 

If the car’s owner cannot afford to recover the vehicle, then after 45 days, the tow operator can sell it to pay the bill. 

Cities are also increasingly charging franchise fees to tow operators.

The fees give cities a cut of the more lucrative side of towing, the long-term storage costs from 30-day impounds.

In early 2007, El Monte’s top officials went shopping for new tow contracts.

The suburb, east of Los Angeles, had called on tow operators to remove almost 5,000 cars a years from its streets, El Monte Police Chief Ken Weldon explained in a memo to the city manager. 

The operators hauled the cars at no cost to El Monte; however the chief found the city was denying itself a source of cash.

“A survey of surrounding agencies revealed that many agencies are recovering costs by collecting a ‘franchise fee’ from the tow company,” Weldon, now retired, wrote.

On average, nearby cities charged tow operators $50 for every car the police department ordered towed or impounded. Weldon calculated the fee would provide El Monte $241,600 a year.

The city wrote the fees into its new contracts with Albert’s Towing and Freddie Mac’s Towing.

During holiday checkpoints last fiscal year, El Monte police seized 680 cars for driver’s license violations, state data shows. 

Each of the impounds was worth at least $2,035 in tow charges and fees, according to city financial records. El Monte received at least $164,000 from the vehicle seizures.

The city’s tow operators likely collected about $1.2 million from the seizures. That figure might have been higher or lower, depending on how many car owners retrieved their vehicles and what price the companies got for the remaining impounded cars.

Owners abandon their cars at tow lots roughly 70 percent of the time, said Perry Shusta, owner of Arrowhead Towing in Antioch and vice president of the California Tow Truck Association.

Tow operators provide communities a kind of garbage service, removing junk cars that don’t operate and are worth only the value of their metal frame. 

DUI checkpoints catch a higher quality of vehicle, Shusta said. “The good cars are how we afford to get rid of all the cities’ junk.”

Impounds spur search and seizure concerns

The Fourth Amendment specifically restricts law enforcement’s authority to seize private property without a court order.

“It is assumed under the law that the taking of personal property without a warrant is unconstitutional,” said Martin J. Mayer, a founding partner in the Fullerton law firm Jones & Mayer, which represents numerous police agencies. 

The law protects everyone within the United States, regardless of whether they are in the country illegally.

California police have seized the cars of unlicensed drivers for 15 years under the state law that allows such vehicles to be impounded for 30 days.

But in 2005, the Ninth U.S. Circuit Court of Appeals ruled in an Oregon case that law enforcement can’t impound a vehicle if the only offense is unlicensed driving. 

One exception is called the “community caretaker” doctrine, which permits police to impound a car if it poses a threat to public safety, is parked illegally or would be vandalized imminently if left in place.

The ruling dramatically altered the law regarding vehicle impounds.  In response, the Legislative Counsel of California in 2007 called into question the legality of the state’s impound procedures.

“If a peace officer lawfully stops a motor vehicle on the highway and the driver of the motor vehicle is an unlicensed driver, that alone is not sufficient justification for the peace officer to cause the impoundment of the motor vehicle,” Legislative Counsel Diane F. Boyer-Vine, who advises state lawmakers, wrote in a response to Sen. Gilbert A. Cedillo, D-Los Angeles. The legislative counsel has no authority over police departments.

A lawsuit challenging the constitutionality of California’s 30-day impound law is awaiting oral arguments before the Ninth Circuit Court of Appeals later this year. The state and several cities that are defendants in the case argue that impounds are penalties for a criminal offense, and therefore car owners are not subject to Fourth Amendment protection. 

Most California law enforcement agencies continue to seize vehicles based on driver’s license violations alone.

Reporters with the Investigative Reporting Program observed police at checkpoints in three different cities impound cars after the vehicles had been moved out of harms way and parked legally.

Mayer represents the California Peace Officers Association and also alerted law enforcement that the federal ruling prohibited the state’s police from seizing cars solely on the charge of unlicensed driving.

The attorney said he was startled by his clients’ angry response to his memo explaining the appeals court case.

“I never expected the volume of e-mails, phone calls and death threats all from law enforcement, especially motor officers,” Mayer said. “I’m being flippant you understand. They wanted to kill me though because I’m interfering with a process they’ve been doing for years.”

Former state Sen. Roberti, then chairman of the Senate’s Judiciary Committee, said he and his fellow lawmakers did not consider how the 1995 impound law might impact unlicensed drivers.

“It’s turned out to be a far more vigorous enforcement than any of us would have dreamed of at the time,” he said.

Continue reading "Newport Beach DUI Attorney-California Cops Exploit DUI Checkpoints to Rake in Cash" »

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February 11, 2010
  Agencies plan sobriety checkpoint for Friday night
Posted By Coffey and Coffey

thenewsstar.com
Louisiana State Police, agents from the Louisiana Department of Wildlife and Fisheries and University of Louisiana at Monroe police will be conducting a DUI sobriety checkpoint Friday night.


 

 

In Louisiana alone, almost half of all fatality crashes involve  DUI drivers, the release stated.

The  DUI checkpoint will be conducted in Ouachita Parish from 9 p.m. to 3 a.m.

 

The mission of the departments involved will be to intercept and arrest impaired drivers before they cause injury to themselves, their passengers or members of the public. Drivers are less likely to drive impaired when they recognize the increased probability of  DUI enforcement action.

 

There are no excuses for impaired driving and those who choose to endanger themselves or others will be arrested, the state police said.

Continue reading "Agencies plan sobriety checkpoint for Friday night" »

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February 11, 2010
  DUI checkpoint this weekend in Newport
Posted By Coffey and Coffey

ocregister.com
NEWPORT BEACH – Police will stage a  DUI 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  DUI checkpoint will be chosen to move through screening lanes on a pre-determined basis designed to ensure the process is objective and random.

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

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February 08, 2010
  Four Arrested During D.U.I. Checkpoint on Super Bowl Sunday
Posted By Coffey and Coffey

ktvn.com
Local law enforcement agencies stepped up their patrols on Super Bowl Sunday, to keep drunk drivers off the road. They held a  DUI checkpoint at Los Altos Parkway and Ion Drive in Sparks, and here are the results:

  • DUI arrests
  • 27 seat belt violations
  • 1 open container arrest
  • 5 car seat citations
  • 6 equipment violations
  • 3 driver's license violations
  • 6 no insurance violations
  • 5 registration violations

Officials screened nearly 1,700 vehicles. The Sparks Police Department says except for one man who refused to talk to them, everyone was very cooperative and polite.

"We do get a lot of people thanking us for being out here, and those guys and gals would prefer to be home with their families watching the Super Bowl too, but you know we have to be out here because of the people who don't use good judgement and DUI, explains Sergeant Pat Dyer with the Sparks Police Department.

While these checkpoints can be a bit of an inconvenience for drivers, police hope they educate everyone about thinking twice before driving drunk.

This  DUI checkpoint was made possible by a grant from the Department of Public Safety.

Continue reading "Four Arrested During D.U.I. Checkpoint on Super Bowl Sunday" »

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February 05, 2010
  Newport Beach DUI Attorney:Police will boost DUI enforcement this weekend
Posted By Coffey and Coffey

benningtonbanner.com
BENNINGTON -- Local police are stepping up efforts to combat DUI this weekend because of two high-profile sporting events.

Bennington Police Lt. Paul Doucette said the department will be joining with the Vermont State Police, Bennington County Sheriff’s Department and other municipal agencies to increase DUI patrols because of the Super Bowl on Sunday.

Doucette said police are hoping area residents and visitors who plan on consuming alcohol during these events will use good judgment and designate a sober driver. "We’re working overtime conducting  DUI sobriety checkpoints and saturation patrols to remind all fans to play it safe on Super Bowl weekend. We want everyone to remember that wherever you are watching the Super Bowl, if you plan on using alcohol, hand off your keys to a sober, designated driver before the big game begins," Doucette said.

Doucette said Super Bowl Sunday has become the country’s biggest and most entertaining national sporting event, with friends and families gathering to watch the game and enjoy the festivities surrounding it. However, he said it has also become one of the year’s most dangerous days on roadways because of impaired driving related crashes.

Designating a sober driver before Super Bowl parties begin, and making sure friends don’t drive drunk, are two simple steps to avoid crashes or an arrest for DUI, Doucette said.

"If impaired,

don’t even think about getting behind the wheel. Ask a sober friend for a ride home; call a cab, friend or family member to come and get you; or stay where you are and sleep it off until you are sober," Doucette said.

Area police are increasing patrols because of the Dew Tour at Mount Snow, Doucette said. Thousands of winter sport fans are flocking to the mountain to watch many of the best skiers and snowboarders this week, he said.

Those watching the events and celebrating at the mountain should also designate a sober driver, Doucette said.

" DUI or riding with someone who is impaired is simply not worth the risk because the consequences are serious and real," he said. "Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for  DUI can be really significant."

Continue reading "Newport Beach DUI Attorney:Police will boost DUI enforcement this weekend" »

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February 05, 2010
  Newport Beach DUI Attorney:Apple Valley plans DUI checkpoint Friday
Posted By Coffey and Coffey

vvdailypress.com
APPLE VALLEY  • The Apple Valley sheriff’s station plans a DUI/Drivers License checkpoint from 6 p.m. to 2 a.m. Friday on Kiowa Road, officials announced.

The announcement comes after the Victorville sheriff’s station announced  DUI saturation patrols on  the lookout for drunken drivers on Super Bowl Sunday.

The crackdowns are aimed at reducing the number of persons killed and injured in alcohol involved crashes,  DUI checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving, officials said in a news release.

A DUI checkpoint is a proven effective method for achieving this goal. By publicizing these enforcement and education efforts, the Apple Valley Police Department believes motorists can be deterred from drinking and driving.

Traffic volume and weather permitting, all vehicles may be checked and drivers who are under the influence of alcohol and/or drugs will be arrested. Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs - DUI, Over the Limit, Under Arrest. The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.

Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Continue reading "Newport Beach DUI Attorney:Apple Valley plans DUI checkpoint Friday" »

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February 03, 2010
  Jury awards ex-Stripper $100K for DUI wreck
Posted By Coffey and Coffey

washingtonpost.com
BIRMINGHAM, Ala. -- A Jefferson County jury has awarded a former stripper $100,000 in a DUI lawsuit in which she claimed the club that employed her failed to stop her from driving home after her on-the-job drinking. Patsy Hamaker of Bessemer was injured in a wreck after leaving work at The Furnace on Oct. 17, 2007. She said she can no longer dance because of her DUI injuries.

Hamaker said the club disregarded its own safety rules when it let her drive home that night. DUI attorneys for the club argued that employees tried to keep Hamaker from driving away.

The Birmingham News reported that the jury award made Tuesday is for compensatory damages. No punitive damages were awarded for the DUI accident.

Continue reading "Jury awards ex-Stripper $100K for DUI wreck" »

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February 03, 2010
  Trooper: Deputy locked in dog cage after DUI stop
Posted By Coffey and Coffey

washingtonpost.com
BLOUNTVILLE, Tenn. -- A Tennessee sheriff's deputy arrested on a  DUI charge wound up in a dog house before he was taken to the big house.

The Kingsport Times-News reported the details of a Tennessee Highway Patrol DUI arrest report, which said 47-year-old Samuel Monroe Bledsoe was kicking the windows of a trooper's cruiser on his way to a hospital for a blood test.

The report says Bledsoe was then locked inside the cruiser's K-9 cage for his safety.

Trooper David Osborne said in the report that Bledsoe performed poorly during a field  DUI  test - even after it was explained to Bledsoe 18 times.

The Sullivan County Sheriff's Office later fired Bledsoe.

Bledsoe was free Wednesday on $1,500 DUI bond. A message left at a phone number listed for Bledsoe was not immediately returned.

Continue reading "Trooper: Deputy locked in dog cage after DUI stop" »

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February 02, 2010
  Ex-Utah Senate leader charged with DUI
Posted By Coffey and Coffey

sltrib.com
Former Utah state Sen. Sheldon Killpack has been charged with  DUI after police stopped him for driving erratically after leaving a South Salt Lake bar early Jan. 15.

When pulled over, he performed field sobriety tests but refused to take a Breathalyzer test. Charging documents say he lost his balance, stumbled and had to outstretch his arms to keep his balance several times during the field sobriety tests. He was booked into Salt Lake County Jail on suspicion of DUI.

Police obtained a warrant to draw his blood for alcohol-content testing, and it came back at .11, above the legal limit of .08, the documents state.

Tuesday, he was charged with a class B misdemeanor for DUI and with a class C misdemeanor for failure to signal.

The Senate majority leader had earlier been at Republican fundraiser, where no alcohol was served. He later went to see the band Metal Gods at Liquid Joe's with lobbyist and former Rep. Mark Walker, who was a passenger in Killpack's vehicle and was not charged with DUI. Killpack resigned from the Legislature a day after being booked into jail.


Continue reading "Ex-Utah Senate leader charged with DUI" »

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February 02, 2010
  Bengals’ Rey Maualuga Pleads Guilty to DUI
Posted By Coffey and Coffey

locksmithsportspicks.com
Yahoo! Sports reports that Cincinnati Bengals linebacker Rey Maualuga has pleaded guilty to   DUI. Maualuga was arrested four days ago in northern Kentucky after he hit a parking meter and two parked cars. A court hearing has been scheduled for February 25th.

Maualuga has been handed a suspended seven-day jail sentence and had his driver’s license suspended for 90 days. He has also been instructed to go to an alcohol and drug education program. And that’s not all. The rookie linebacker has also been put on two years  DUI probation and ordered to pay $884 in fines plus the damage he caused to the meter and parked vehicles.

Here’s what Maualuga had to say on the matter.  He apologized “for letting everyone down and making a terrible decision to DUI. I wanted to acknowledge fault quickly and accept the consequences for my actions, which are the same that anyone else facing these charges would receive.”

He went on to say he was sorry “for bringing such great humiliation and embarrassment to the team. … I will learn from this and become a better person and a better man from all this. And I will assure you that this will never happen again.”

Maualuga is just the latest Bengal in a long line to get in trouble with the law. Luckily no one was hurt, and hopefully he can put this DUI incident behind him and go on to have a great career.

Continue reading "Bengals’ Rey Maualuga Pleads Guilty to DUI" »

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