Marin DUI Lawyer Blog

On November 14, 2011, the Petaluma Police Department ran an all day traffic enforcement targeting motorcycle safety. In the end 51 traffic tickets were issued but only one to a motorcyclist.

Among the citations issued by the Petaluma Police Officers were tickets for speeding, cellphone use, illegal U-turns, passing over double yellow lines, running red lights and a pedestrian obstructing traffic. In addition, officers made two arrests, one for drunk driving and one for possession of a controlled substance. The driver arrested for drug possession had been stopped for a cellphone violation and officers allegedly smelled marijuana before conducting a further investigation.

The 4th Amendment to the United States Constitution protects us all from unreasonable and warrantless searches and seizures. That protection extends to traffic stops. Police in California can stop a vehicle based on a reasonable belief that a vehicle code violation has occurred and traffic stops are routinely initiated for lighting and mechanical violations as well as for speeding, cell phone usage, illegal turning movements and failure to stop. For an officer to conduct a search of a person or her vehicle without a warrant there must be probable cause to believe a crime has been committed or the officer must have received valid consent from the driver prior to conducting the search.

Continue reading "Petaluma Motorcycle Crackdown - 51 Traffic Tickets Issued" »

Forty seven year old Michael Helms from San Pablo and forty five year old Larry Hernandez from El Sobrante were arrested Tuesday when Detectives saw them taking a catalytic converter from a truck in Marin County. Helms and Hernandez were arrested last week in Sonoma County on possession of stolen property charges and were being watched by detectives from the Sonoma County Sheriff's Property Crimes Investigation unit.

Mr. Helms and Mr. Hernandez are suspected of stealing at least three vehicles, breaking into a truck and stealing tools, along with stealing catalytic converters. Detectives conducing the surveillance of both men followed them from Rhonert Park to a park and ride lot in Novato where they observed Mr. Hernandez saw the catalytic converter off of a pick up truck in the lot.

Police officers approached both suspects who fled but were apprehended about a mile from the park and ride lot. Mr. Helms was arrested on charges of grand theft, conspiracy, possession of a controlled substance, possession of burglary tools, and driving on a suspended license. Mr. Hernandez was arrested for grand theft, conspiracy and possession of burglary tools. Both men were booked into the Marin County Jail.

Possession of a controlled substance can be charged as a misdemeanor or a felony depending on the drug, the quantity possessed and the suspects prior criminal record. Grand theft is also a wobbler offense punishable by up to three years in state prison as a felony and by up to one year in the county jail as a misdemeanor.

Continue reading "Two Suspects Caught Stealing a Catalytic Converter in Novato" »

A Daly City man and woman were arraigned in the Marin County Superior Court on Monday on a charge of possession of cocaine for sale. Marco Larrios, 32, and Carmen Roxana Gonzalez, 27 were arrested on April 15, 2010, in Ignacio. A third person, Wilfredo Umanzor, 24, of San Francisco, was also arrested and has been charged with being a lookout for Mr. Larrios and Ms. Gonzalez.

A plea hearing for all three suspects is pending and they remain in the Marin county jail with Federal Immigration holds.

Possession of cocaine for sale is a felony under the California Health and Safety Code and carries a maximum sentence of 4 years in state prison. Depending on a person's criminal history, the facts surrounding her arrest and the amount of drugs possessed, it may be possible to have a drug sales charge reduced to a simple possession charge.

An experienced San Rafael criminal defense attorney will review the legality of the arrest and may run a motion to suppress evidence based on an illegal search or seizure in violation of the suspect's rights under the 4th amendment to the United States Constitution. If a motion to suppress is granted the drug charges would likely be dismissed.

Continue reading "Marin County Cocaine Bust - Two charged with possession for sale" »

Heather Danielle Choulos of Mill Valley who was accused in October 2009 of using her 13-year-old son as a designated driver entered a guilty plea to a DUI and felony drug possession on Monday. Her drug possession charges stemmed from an unrelated earlier arrest.

Ms. Choulos was arrested on October 4, 2009, after she and her boyfriend had her son drive them home from dinner and drinks so as to avoid another DUI arrest. The couple both had prior drunk driving cases. Shortly after he started driving home from San Anselmo the 13 year old decided he could not continue and stopped the vehicle in the middle of Sir Francis Drake Boulevard. San Anselmo police were attracted to the parked vehicle and contacted the involved parties. Ms. Choulos was subsequently arrested and charged by the Marin County District Attorney with DUI, contributing to the delinquency of a minor and allowing a minor to drive. In exchange for her guilty plea to the DUI the remaining charges were dismissed.

Ms. Choulos returns to court on April 20, 2010 for sentencing. The sentence she receives will depending on the recency of any prior DUI convictions and will likely include punishment for the drug possession. On a second offense DUI alone she would be facing between ten days to one year in county jail, substantial fines and mandatory attendance at a DUI program. However, a conviction for a felony drug charge can carry punishment ranging from drug treatment or probation which may include county jail time, up to a state prison commitment. Her actual sentence will be based on numerous factors which will usually be discussed and provided to the judge in a pre-sentence report prepared by the Marin County Probation Department.

Continue reading "Marin County Woman who Used her 13 year old as Designated Driver Pleads Guilty to DUI" »