<![CDATA[chp - Law Offices of William W. Bruzzo]]> https://www.bruzzolaw.com/blog/tags/chp/ Tue, 15 Oct 2024 00:45:39 GMT en-us <![CDATA[Illegal Search of Vehicle Leads to Reverse of Conviction]]> https://www.bruzzolaw.com/blog/illegal-search-of-vehicle-leads-to-reverse-of-conviction/ https://www.bruzzolaw.com/blog/illegal-search-of-vehicle-leads-to-reverse-of-conviction/ Wed, 25 Aug 2010 02:35:00 GMT A ruling by the 4th District Court of Appeals in Orange County has declared that Douglas Schmitz’s guilty charge be reversed because of the illegal search of his car. Schmitz had three other passengers in his car when he was pulled over. The CHP officer thought he was lost and proceeded to ask for his…

]]> A ruling by the 4th District Court of Appeals in Orange County has declared that Douglas Schmitz’s guilty charge be reversed because of the illegal search of his car. Schmitz had three other passengers in his car when he was pulled over. The CHP officer thought he was lost and proceeded to ask for his forms and license. When she learned that one of the passengers was on parole she asked Schimtz if she could search the car. After he did not answer she asked everyone to get out of the car. The officer found two syringes and methamphetamine. The items were in a purse in the seat of the car. Schmitz was arrested and faced criminal charges which concluded in a guilty plea to four misdemeanors. During the lower court proceedings a judge denied Schmitz’s motion to suppress the evidence found in his car because there was no search warrant. In the decision of the Court of Appeals, Justice William W. Bedsworth said that as owner of the vehicle Schmitz did have a reasonable expectation of privacy although the parolee did not. However, Schmitz’s glove compartment, console and door pockets should have been free from the search since he was not the one on parole. The main reason for the search was because of the individual on parole and once that reason is invalidated by the court, the search becomes unreasonable causing the illegal items to be suppressed. See, Search and Seizure, 4th Amendment.

]]> <![CDATA[Orange County Cop May Be Charged with Vehicular Manslaughter]]> https://www.bruzzolaw.com/blog/orange-county-cop-may-be-charged-with-vehicular-manslaughter/ https://www.bruzzolaw.com/blog/orange-county-cop-may-be-charged-with-vehicular-manslaughter/ Tue, 13 Apr 2010 17:16:00 GMT Charges have not yet been filed by the Orange County District Attorney against a La Habra police officer who crashed into a civilian vehicle killing the couple inside. The crashed occurred in September when Officer Nancy Garcia was responding to a call regarding a parolee search and went through a red light. Susanne Antuna died…

]]> Charges have not yet been filed by the Orange County District Attorney against a La Habra police officer who crashed into a civilian vehicle killing the couple inside. The crashed occurred in September when Officer Nancy Garcia was responding to a call regarding a parolee search and went through a red light. Susanne Antuna died at the scene and her husband Charles Antuna died at UCI Medical Center the following morning. A civil suit has been brought on behalf of the couple’s four surviving children. According to the CHP investigation Garcia was driving at a speed of 65mph; they have recommended that she be charged with vehicular manslaughter. See Penal Code Section 192.5.

]]> <![CDATA[Orange County Sheriff Drives Drunk has Two Collisions in one Night]]> https://www.bruzzolaw.com/blog/orange-county-sheriff-drives-drunk-has-two-collisions-in-one-night/ https://www.bruzzolaw.com/blog/orange-county-sheriff-drives-drunk-has-two-collisions-in-one-night/ Wed, 10 Mar 2010 03:31:00 GMT 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…

]]>
Orange County Sheriff

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).)

]]>