The Orange County Sheriffs Department is investigating one of their own for suspicion of driving under the influence and crashing into a vehicle. On Monday of this week Orange County Sheriff's Deputy Allen Waters was involved in two collisions. The first incident happened in front of City Hall in Dana Point where deputies were called and took an incident report. It was not explained if the Lexus was parked or what the damage was, but Deputy Waters and the driver were able to go on their way. Within the hour CHP was called to a collision again involving Waters in Laguna Niguel. The California Highway Patrol reported that Waters made an unsafe turn to the right, and the resulting impact sent his car off multiple curbs and then into a Toyota with an elderly couple inside. One of the victims was taken to the hospital. At this collision the CHP reported that the unsafe turn was "...due to Waters' level of intoxication" according to the Orange County Weekly. The Orange County Sheriff's Department will conduct a full investigation. Driving under the influence can be filed as a misdemeanor or a felony. If a driver has three previous convictions and picks up a fourth case in a ten year period then the fourth case can be filed as a felony. Or, if a driver has never had a DUI previously but while driving drunk causes bodily injury to another then that case may be tried as a felony.
A first time misdemeanor DUI carries a maximum punishment of 6 months but most people do no jail time although they must pay a fine, attend an alcohol school and are put on three years of informal probation. A second time DUI within 10 years of a previous DUI has the same punishment except the maximum jail time is 1 year; the actual punishment varies from county to county. In Orange County an individual is looking at between 45-60 days in jail on a second DUI. On a third DUI the minimum punishment is 120 days by law and on a fourth DUI within 10 years of three previous convictions the maximum is 3 years in state prison. There are many possible defenses to driving under the influence. (See Vehicle Code Sections 23152(a), 23152(b), 23153(a), 23153(b).)
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This New Year's brings new laws to the state of California. According to the OC register the fee for renewing a driver's license has gone up to $31. Other vehicle related regulations include video screens and interlock devices. A video screen can be placed in the front seat as long as the driver cannot actually see the screen. It is now possible for cities and counties to require a 30 day impound of a vehicle if a person used a vehicle when soliciting a prostitute. On July 1st the following counties will require those convicted of a DUI to install ignition interlock devices on every operated or owned vehicle in order to maintain their driver's license: Los Angeles, Sacramento, Alameda and Tulare.
Other laws that will go into affect:
AB 576- Agencies will be identified as "victims" of graffiti vandalism. This gives the agency eligibility to seek restitution from those convicted.
SB 492- Raises fines and jail time for registered gang members loitering near a school within 72 hours of being told to leave.
SB 135 chopping off a cow's tail is considered a misdemeanor and can only be done when medically relevant.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A total of 17 arrests were made for suspicion of drunk driving at two checkpoints in Orange County in the city of Garden Grove over the weekend before Christmas. Police have impounded 38 vehicles for drunk driving to include drivers who were driving without a valid license.
California Vehicle Code 23152(a) [VC 23152 (a)] prohibits any person from driving under the influence of alcohol or drugs. Note that an amount of drugs is not specified so any amount of drugs or alcohol that impairs one driving as determined by the arresting officer and/or eventually a jury, can cause one to be convicted of that crime. Drugs can include prescription drugs taken as directed! This is distinct from California Vehicle Code 23152 (b) [VC 23152 (b)] which prohibits driving a vehicle with a blood alcohol level over 0.08. The driver must be at or over the legal limit for vehicle code section 23152 (b) to apply. Also, it only applies to drivers under the influence of alcohol. A first time DUI carries a maximum sentence of 6 months in jail and a $1500.00 fine; however, most first time DUI offenders do no jail time as long as there was no accident or other aggravating factor.
In order for a "stop" to be valid at a DUI checkpoint, the police must follow certain rules. If they fail to follow the rules the stop can be ruled invalid and the evidence collected excluded which can cause the case to be dismissed regardless of the blood alcohol level or other evidence. The Law Offices of William W. Bruzzo has substantial experience working with checkpoint/DUI cases.
California Vehicle Code Section 12500 (a) states: "A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code."
Driving without a valid driver's license in California is a "wobbler" - meaning, depending on the circumstances, prosecutors can charge this offense as a misdemeanor or infraction. The police can charge you with a violation of this vehicle code section for any of the following: (1) never obtaining a driver's license, (2) failing to renew your driver's license after expiring, (3) failing to obtain a California driver's license after establishing residency, or (4) being ineligible for a drivers license in this state (for example, being an illegal immigrant).
The main factor that prosecution looks at in deciding whether to charge you with a misdemeanor or an infraction is your driving record. If this is your first offense or if you subsequently obtain a valid driver's license, they may charge you only with the infraction or even go on to dismiss the case with the help of an experienced criminal defense attorney.
One can receive up to six months in jail for the above misdemeanor offense as well as informal probation for up to three years and a maximum fine of $1,000.
As the New Year Holiday begins, remember don't drink and drive, use a designated driver. Happy New Year!
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
DUI checkpoints were determined to be legal by the United States Supreme Court; however, there are strict guidelines which must be followed. In California, many drivers do not know about these rules. For example, police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. So an officer may not stop an individual driver without a legitimate basis. Furthermore, police operating DUI checkpoints may only detain each driver long enough to question him/her and look for signs of intoxication, such as alcohol on breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he/she should be permitted to leave without any further delay. If the driver is ordered out of the vehicle and asked to perform a field sobriety test (i.e. walking in a straight line, touching your nose or reciting the alphabet), he/she may refuse. The officer may also ask to search the car. The driver may refuse that request as the officers do not have legal grounds to search the car. Many times, officers don't follow all the rules. In such instances, the stop may be considered illegal, and any evidence establishing the crime of driving under the influence may be thrown out. The California case controlling this area is Ingersoll v Palmer 241 Cal. Rptr. 42 (Cal. 1987).
However, if impairment is observed, then the driver may be taken to a separate area for field sobriety tests and further investigation, which must be based on probable cause.
In Orange County, the Garden Grove and Santa Ana police departments conducted DUI checkpoints from 7 p.m. Saturday to 3 a.m. on Sunday, December 13, 2009. The checkpoints were planned for Westminster Avenue near Enterprise Drive and Susan Street. Officials say there have been many fatal collisions involving drunk drivers on Westminster Avenue. The California government website reports that "early 23,000 people are killed every year in alcohol-related traffic collisions" and "one American life is lost every 22 minutes in an alcohol-related traffic collision." Officers also look for those driving without a valid license. The checkpoints focused on drivers who have been drinking alcohol, using illegal drugs or abusing prescription medications while driving.
So please be weary of DUI checkpoints when you're out on the road, as the consequences for a DUI can be very serious. This can include license suspension, high fines and possible jail time. Most importantly, don't drink excessively-live to see the holidays next year.
Here is a Garden Grove TV3 News Video which covers the Garden Grove Police Department sobriety checkpoint on October 24, 2009:
