This shift by local agencies stems from two reasons: Some departments cite the legality of upholding such a request. California for example, has a law that limits immigration detainers. As a result law enforcement departments have reduced their compliance with such requests. In Oregon a court ruled that it was violation of a woman’s constitutional rights to be held in custody without probable cause. The Riverside County Chief Deputy cites this court ruling as a reason they do not hold people. Explaining that if they did hold people the department could be held liable in civil court. Another reason is a memo distributed by ICE explaining that immigration holds were “requests not requirements” according to the LA Times.

The second reason comes from departments trying to keep a good relationship with the communities they serve. Some officers explain that deportation threats scare people from reporting crimes. This makes communities unsafe and creates a break down between police and residents.

William Louis Poolman sent a check to the Judicial Data Systems in Costa Mesa in order to pay a ticket. The ticket was for $68.50 for not paying parking fees at Carpentaria State Beach. He had appealed the ticket according to the Orange County Register but did not win. When the payment was received the enveloped also contained a copy of his denied appeal and white powder. Authorities examined the powder and determined it was not hazardous. Poolman was arrested and faces a felony charge of false or facsimile weapon of mass destruction. He faces prison or jail time if convicted.

Tuesday, January 19, 2010, the National Weather Service gave out a tornado warning for Orange County as thunderstorms headed in that direction. Several vehicle incidents were reported due to the severe weather conditions. Winds flipped over a car in Huntington Beach in Orange County and deputies had to push a stalled BMW SUV out of the water on the highway. Just south of Riverside County, road crews scraped mud off the roadway thereby closing Ortega Highway. Mud and debris were also blocking lanes at Trabuco Canyon Road. Indeed, drivers have some challenging conditions to deal with in this torrential downpour. Notably, drivers must modify their driving practices to reflect all driving conditions to include weather. Reckless driving (Vehicle Code Section 23103) can be a violation drivers get cited for in such weather conditions. Persons may be charged if driving in a “willful or wanton disregard for the safety of persons or property.” Punishment can be up to 90 days in jail, in addition to a maximum fine of $1,000. Drivers should take necessary precautions and drive according to road conditions in addition to posted speed limits.

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!