Marin DUI Lawyer Blog

The Petaluma Police Department reported that officers with Sonoma County's Avoid the 13 DUI Task Force arrested 80 people on suspicion of driving under the influence from the time they began their special enforcement efforts on December 17 through the Christmas weekend. Also, the CHP indicated that the, the holiday weekend crackdown on drunk driving netted six arrests.

Among those six drunk drivers arrested was 19 year old
Jaime Hernandez of Cloverdale. Mr. Hernandez was stopped around 4:20 p.m. last Saturday on northbound Highway 101 after he was observed swerving several times into the next lane. Mr. Hernandez was driving with his 4 children and was booked into the Sonoma County Jail on charges of felony child endangerment, drunken driving and driving without a license.

Having a minor under 14 years of age is an enhancement to a DUI charge pursuant to California Vehicle Code section 23572. However, the Sonoma County District Attorney could elect to charge Mr. Hernandez for the Child Endangerment charges on which he was booked. Conviction for felony child endangerment could result in a state prison sentence and mandatory attendance at a parenting class. An enhancement under section 23572 could result in additional jail time as part of any sentence for a DUI conviction.

Continue reading "Sonoma County Christmas Weekend DUI Crackdown nets 6" »

The San Rafael police department will be running a state funded drunk driving and driver's license checkpoint tonight beginning at 6:00 p.m. and ending at 2:00 a.m. on New Year's Eve. The DUI Checkpoint will be conducted in connection the Marin Avoid the 13 DUI campaign.

San Rafael police officers said that the checkpoint will start on A Street and Andersen Drive and may later move to Irwin Street and Fifth Avenue. DUI Checkpoints have been a common sight in Marin County during 2010 as officers throughout California seek to crack down on drunk driving and to get unlicensed driver's off the roads.

Driver's suspected of being under the influence will be asked to pull over for further investigation and may be asked to submit to field sobriety testing. Submission to field sobriety testing and/or a PAS breath testing device is voluntary and not required under California Law. However, if a police officer has cause to arrest a person for DUI they must submit to a chemical test to determine their blood alcohol concentration. Refusal to take a chemical test can result in a drivers license suspension for one year on a first offense or a two or three year license revocation on a second or third offense.

Continue reading "Marin County DUI Checkpoint in San Rafael Tonight" »

The CHP will have up to 80 percent of all available uniformed officers out in force for their maximum DUI enforcement period over the upcoming New Year's holiday weekend.

In Solano County police officers with the Avoid the Solano 10 campaign will be targeting the "Worst of the Worst" DUI offenders and drivers who disobey court or Department of Motor Vehicles orders not to drive without a valid license. Officers will be going to court to monitor defendants as they leave the Solano County Superior Courthouse to make sure they do not drive without a valid license. Anyone caught driving without a valid license will face additional criminal charges, a possible violation of probation, fines, and possible jail time.

Driving with a license that has been suspended due to a DUI arrest is a misdemeanor carrying a minimum jail sentence of 10 days and a $1,000.00 fine. Punishment increases for multiple offenders and anyone convicted of a violation of California Vehicle Code section 14601.2 will be required by the DMV to install an ignition interlock device on any vehicle they own or operate.

Continue reading "Maximum Bay Area DUI enforcement this New Year's weekend" »

41 year old John R. Forbes of Cloverdale was arrested Monday on suspicion of DUI and hit and run. The CHP reported that Mr. Forbes rear ended another car at about 4:30 p.m. near Spencer Avenue on northbound Highway 101 near Sausalito. He was arrested around 5:00 p.m. while driving near Rohnert Park in Sonoma County.

Officers said that Mr. Forbes drove off before medics arrived to treat the other driver and take her to the hospital. The rear end collision caused the diver of the other vehicle to crash into the center divider.

The District Attorney will be making a charging determination after the CHP officers booked Mr. Forbes for felony drunk driving and hit and run. He was set to be arraigned Tuesday in the Marin County Superior Court. If he is convicted of a felony driving under the influence charge he could be sentenced to state prison for up to 3 years on a first offense and he faces the possibility of having his driver license revoked for at least 1 year and for two or more years if he has any prior convictions or DMV administrative suspensions for driving under the influence.

Continue reading "Accident on 101 in Marin County leads to DUI and Hit and Run arrest" »

The California Highway Patrol reported that drunk driving arrests over the Thanksgiving Holiday were up this year throughout California and the San Francisco Bay Area. However, in Solano County the CHP indicated that there were less than half as many DUI arrests as there were over the Holiday weekend in 2009, only 5 compared to 11 last year.

As of November 30, 2010, the CHP's provisional numbers indicated that officers statewide made 1,419 DUI arrests between Wednesday night and Sunday morning, compared to 1,314 arrests for the same period last year. In the San Francisco Bay Area CHP officers made 249 DUI arrests over the Thanksgiving holiday weekend, compared to 207 in 2009.

Potential punishment for a DUI arrest and conviction depends on many factors including whether the driver was involved in an accident, was under 21 years of age, or has prior convictions. By law a first offense DUI carries a maximum term of 6 months in jail and a $1,000.00 fine. In most Bay Area Counties the court will impose a minimum 2 day jail sentence and fines around $1,700.00 due to penalty assessments. Convicted first time drunk driving offenders also lose their driving privilege for 6 months but can receive a restricted driving privilege from the DMV if they enroll in a DUI program, provide proof of insurance and pay a reissue fee.

Continue reading "San Francisco Bay Area DUI Arrests Up This Thanksgiving " »

On November 24, 2010, Santa Rosa Police Officers using grant funds provided by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, conducted a courthouse sting aimed at DUI drivers and drivers with suspended licenses or no driver license. The sting resulted in officers arresting four people for driver's license related offenses.

The operation of the sting consisted of Police officers waiting and watching defendants, who had been ordered by the court not to drive due to suspended or revoked driving privileges, to see if they would get into cars and drive away from the courthouse. In all, officers followed ten such people out of court. Four of those ten people got into their cars and drove away from the Sonoma County Courthouse and were stopped by waiting police officers.

Driving on a suspended or revoked license can carry serious consequences if convicted. California Vehicle Code section 14601 et sec, details the various charges and punishments for driving on a suspension. Those punishments vary depending on the reason for the suspension. If a driver license is suspended for being a negligent operator or failing to appear in court a person may receive a reduced charge if they can get their driver license reinstated but they could be placed on probation and pay large fines if convicted. Drivers who lose their driver license due to driving under influence conviction face a minimum fine of $1,000.00, ten days in jail, and the mandatory installation of an ignition interlock device if convicted of a violation of Vehicle Code section 14601.2 for driving while suspended.

Continue reading "Sonoma County Courthouse DUI Suspended License Sting Nets 4" »