Downtown Fullerton, California, will be getting more of a police presence in an effort to combat drunk driving according to the Orange County Register. There will be more officers and operations placed in the area in order to check drivers for alcohol consumption.

The police department received two grants from the State Office of Traffic Safety. One grant was for $146,222 “for programs related to drunken-driving suppression” and a second of $50,000 to be used for sobriety checkpoints. The grant was set for sobriety check points by the state Office of Traffic Safety.

According to the O.C. Register the City Council initially declined the $50,000.00 but later the State Office of Traffic Safety indicated the city must take the $50,000.00 if it accepts the $146,222.00. With this grant there has been one check point so far and four more planned by the end of September. More officers were placed in the bar dense area of Fullerton to patrol for drunk drivers.

Criminal Law Updates by the Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636.

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• Fullerton police put DUI grants to use (ocregister.com)

The painter Thomas Kinkade, was recently arrested on suspicion of driving while under the influence(California Penal Code 23152(a)(b)). Kinkade’s popular paintings of American landscapes and cottages have graced the homes of many and made him into one of the most-collected artists in America.

Kinkade was initially pulled over by California Highway Patrol for not having a front license plate on his Mercedes. However, because of the odor of alcohol emitting from his person, he was given some field sobriety tests. After failing those, he was arrested and later released on bail.

Kinkade’s unfortunate arrest came just two weeks after one of his companies filed for bankruptcy in San Jose. See, Penal Code Sections 23152(a), (b).

Rescue teams from Southern California including a group from Orange County are being sent to Haiti to help in the recovery effort from the 7.0 magnitude earthquake that occurred on Tuesday. The team includes search dogs, paramedics, rescuers and equipment to work through the rubble. The California Urban Search and Rescue Task Force 5 will be in Haiti for two to four weeks. The team is part of a U.S. response team designed to aid after natural or man made disasters, terrorist attacks or other crisis situations. According to the Orange County Register their flight had been delayed in the morning leaving a Riverside Air Force base. The team’s previous experience was during Hurricane Katrina and Gustav. They are taking food, water and search dogs to aid in the rescue effort. The BBC news page website reports that UN personnel are still missing, and some U.S. citizens are still unaccounted for. The Red Cross, World Bank, IMF and UN have sent money, medical assistance, or assistance for rebuilding. Groups urge people to help with what they can: The Red Cross, Doctors Without Borders, UNICEF.

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!