Marin DUI Lawyer Blog

The San Francisco Police Department says that a 40 year old man from Sebastapol, California, in Sonoma County, drove his SUV into the the San Francisco Municipal Railway underground tunnel on Church Street around 6 O'Clock in the morning on Thursday. The man was arrested a short time later for suspicion of driving under the influence, driving on train tracks and he was cited for disobeying a traffic sign.

The San Francisco MUNI subway system was closed for over two hours due to the suspected drunk driver as he made his way eastward almost into the Van Ness Avenue station. No one was injured in the traffic related incident and the DUI driver is expected to by released on a citation and promise to appear in the San Francisco Superior Court, Hall of Justice.

Some MUNI railway tracks were damaged and the driver will have to pay restitution for the repairs if he is convicted of a DUI.

Continue reading "Suspected DUI Driver Shuts Down San Francisco Muni Underground" »

The California Highway Patrol arrested 24 drivers for suspected driving under the influence over the Martin Luther King Holiday weekend in Sonoma County.

CHP officers made traffic stops resulting in DUI arrests for speeding and making an illegal left turn. One driver was also arrested for drunk driving after crashing his car on Heather Land in West Sonoma County.

Four children were in the car of one suspected drunk driver and he will likely also be charged with child endangerment by the Sonoma County District Attorney. A conviction for a DUI while having passengers under the age of 14 in the car can result in enhanced penalties including additional jail time. Further, a person convicted of child endangerment will be placed on 4 years of probation and must attend mandatory parenting classes.

A 24 year old man arrested over the weekend was found to be driving without a license and was determined to be on probation. That driver fought with police officers and refused to get out of the police car. He was booked on charges of resisting an officer and violating his probation.

Continue reading "Sonoma County - CHP Arrests 24 for DUI Last Weekend" »

The San Rafael Police Department will be conducting a DUI checkpoint tonight, from 6:00 p.m. to 2:00 a.m. on westbound Manuel T. Freitas Parkway at Las Gallinas Avenue.

San Rafael Police believe that DUI Checkpoints, along with regularly scheduled high visibility DUI enforcement, are proven strategies with the goal of removing impaired drivers from the Marin County roadways. Police agencies throughout Marin County, the Marin Avoid the 13 multi agency DUI task force, and throughout the San Francisco Bay Area hold DUI checkpoints to deter DUI drivers and to keep unlicensed drivers off the streets.

Continue reading "MARIN COUNTY DUI CHECKPOINT TONIGHT IN SAN RAFAEL" »

For the third time in the last month Marin County based DUI attorney John Stanko beat a DUI administrative license suspension today. The Oakland driver safety hearing officer had not choice but to set aside the driver's suspension when it was shown that the facts of her arrest were almost identical to those in the recent California Court of Appeals case, Brenner v. DMV, (2010) 189 Cal.App.4th 365. Breath test accuracy check logs indicate high readings on the breath machine and the DMV was unable to prove by a preponderance of the evidence that the driver's blood alcohol level was greater than .08%.

In a hearing held at the Santa Rosa DMV an administrative license suspension on a 1st offense DUI was set aside when it was shown that the arresting officer did not properly observe the driver prior to administering the breath test. Video introduced by the driver clearly showed that the officer was not with the driver during the required 15 minute observation period. The California Code of Regulations requires that a subject be observed for 15 continuous minutes prior to submitting to a breath test to ensure that the subject does not eat, drink, burp, smoke, regurgitate or do anything else that might compromise the breath sample. In this case, the officer was unable to see, hear or otherwise observe the driver as he had left her in his vehicle and stepped away to conduct other business during the observation period. The DMV had no option but to set aside the suspension due to the violation of Title 17 of the California Code of Regulations.

The third set aside of a DMV APS suspension came out of the San Francisco DMV driver safety office. In that matter the DMV called a witness in an attempt to prove that the licensee had actually been driving the vehicle. Due to the witnesses inability to identify the subject as the driver the DMV hearing officer agreed that a set aside of the suspension was appropriate.

Continue reading "San Francisco Bay Area DMV DUI License Suspensions Set Aside" »

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" »

The Marin County Avoid the 13 DUI task force has received funds for the next year, its 11th, to continue its battle against drunk driving. The money was awarded by the a California Office of Traffic Safety directly to the San Rafael Police Department, which will administer the one-year grant for the entire county.

Marin County DUI Police Officers will use the newly awarded funds to run DUI and driver's license checkpoints, drunk driving saturation patrols and courthouse stings. The 13 Marin County Police Departments involved in the Avoid the 13 campaign will also target repeat offenders and scofflaws by conducting warrant and probation sweeps.

DUI and Driver's License Checkpoints aimed at deterring people from driving impaired and driving while unlicensed, have become commonplace in recent years. Although these checkpoints amount to a warrantless intrusion and their effectiveness can be questioned, the courts have ruled that checkpoints are legal provided that the police follow guidelines including the giving of advance notice to motorists, the use of proper warning signs and lighting and a neutral based formula for stopping cars.

Drivers in Marin County can expect to see DUI campaigns during the upcoming Thanksgiving weekend and Christmas holiday season as well as on Super Bowl Sunday, St. Patrick's Day, and Cinco de Mayo. Traditionally those holidays see and increase in DUIs.

Continue reading "San Rafael Police Get Grant to Administer Marin County DUI Campaign" »

Motorist in the City of Vallejo will likely come across more drunk driving checkpoints and DUI saturation patrols will be increasing in Vallejo in the near future. The California Office of Traffic Safety has awarded a grant of $172,700 to the Vallejo Police Department in order to target driving under the influence offenses.

The grant money will also be used for warrant searches, DUI stakeouts for repeat offenders, and courthouse stings where officers wait outside for convicted drunk drivers with suspended or revoked drivers licenses who drive away from court.

Drunk driving cases in Solano County are prosecuted in the Superior Courthouses, located in Vallejo and Fairfield. Which Courthouse a case goes to depends on whether the DUI arrest was made in the Northern or Southern part of the County. Typically drunk driving cases originating in Vallejo and Benicia are handled in Department 24 of the Vallejo Courthouse while cases stemming from arrests in Vacaville, Dixon, Rio Vista and Fairfield begin in Department 21 of the Fairfield Court.

Continue reading "Vallejo Police To Bolster DUI Enforcement With New Grant Money" »

Fourteen Police Officers from the San Rafael, San Anselmo, Novato and Tiburon Police Departments working DUI enforcement over the Halloween weekend arrested one driver on suspicion of drunk driving. In all, officers acting as part of the Marin Avoid the 13 DUI enforcement operation funded by the California Office of Traffic Safety made 137 DUI traffic stops and administered field sobriety tests to 18 drivers.

The San Rafael Police Department said that the success of the Halloween 2011 drunk driving enforcement can be measured in the fact that there were no major alcohol related injuries deaths in Marin during the weekend.

Driving under the influence enforcement operations will continue with the Marin Avoid the 13 in November and December through the 2011 Holiday season. Those operations will likely include DUI saturation patrols and drunk driving/driver's license checkpoints.

Continue reading "Marin County Halloween DUI Crackdown Nets One Arrest" »

The Solano County Probation Department has received $17,000.00 in grant money from the Office of Traffic Safety (OTS) in order to conduct a one year-long program aimed at curbing DUI related deaths and injuries.

Felony and repeat drunk drivers in Solano County will be targeted with specialized probation supervision measures. Grant money will also be used by the probation department to work with other Solano County Police agencies on anti-DUI efforts. Those multi agency activities will include monitoring of treatment and DUI program compliance, driving under the influence related warrant sweeps, and unannounced home searches of drunk driving probationers.

Continue reading "Solano County Gets Grant to Supervise Felony and Rpeat DUI Offenders" »

The San Rafael Police Department and the twelve other Marin County police agencies comprising the Marin Avoid the 13 DUI Task force will be joining a nationwide effort called "Drive Sober or Get Pulled Over" aimed at cracking down on DUIs through the Labor Day Holiday. As part of this effort to stop drunk driving the SRPD will be conducting DUI checkpoints on Thursday, September 1 and Friday, September 2, 2011, from 6 p.m. to 2 a.m. on both nights. The location of the checkpoints has not been announced.

In addition to next weeks drunk driving checkpoints in San Rafael the Avoid the 13 will be running a DUI/driver's license checkpoint in San Anselmo on Saturday, August 27, 2011 from 6 p.m. to 1 a.m. Sunday, August 28, 2011. Also, there will be a drunk driving and driver's license checkpoint on Sept. 3 in Novato and the Avoid the 13 will be running roving DUI patrols throughout Marin County from 8 p.m. to 2 a.m. on various nights.

While driving under the influence checkpoints are aimed at deterring drunk driving and keeping unlicensed drivers off our roads, they have been subject to recent scrutiny for being held in areas with high populations of illegal immigrants as undocumented residents cannot obtain driver's licenses in California. However, despite some public backlash against the use of checkpoints, the courts have ruled that they are legal provided that the police follow guidelines including the giving of advance notice to motorists, the use of proper warning signs and lighting and a neutral based formula for stopping cars.

Continue reading "San Rafael Police Among Marin County Agencies Involved In National DUI Crackdown" »

On Tuesday, August 12, 2011, a speeding ticket in violation of California Vehicle Code section 22349(b), exceeding the posted 55 mph limit was dismissed out of the Pleasanton Courthouse in Alameda County. The client from Oakley California hired an attorney to represent in him connection with his traffic ticket. His traffic defense lawyer submitted a trial by written declaration on his behalf and the Alameda County Judicial Officer made his ruling based on it.

A trial be written declaration must be filed prior to the original due date on a traffic ticket in California and the defendant must post any associated bail in order to have the matter heard. The citing officer must then submit a declaration to the court in order for a trial to be held on the written declarations. If the officer fails to respond or does not provide evidence sufficient for a finding of guilty beyond a reasonable doubt the matter will be dismissed and the bail amount refunded. If the court renders a finding of guilt the defendant then as a right to request a new trial in front of a judicial officer.

A conviction for a violation of Vehicle Code section 22349(b), would have resulted in one point on the client's driving record and increased insurance costs.

Continue reading "Contra Costa County Man found not guilty of speeding" »

San Rafael Police Officers have scheduled a drunk driving and driver's license checkpoint for Friday, August 12, 2011, starting at 6:00. The San Rafael Police spokeswoman indicates that the DUI checkpoint will held on Southbound Grand Ave. at East Francisco Boulevard and may later move to Eastbound Bellam Blvd. at Castro Street.

Once again the San Rafael Police are targeting drunk drivers and unlicensed driver's in the Canal area. There has been backlash in recent years over checkpoints in the Canal and other areas with high populations of undocumented immigrants due to the fact that people without social security numbers cannot obtain a driver's license in California. However, the San Rafael Police Department indicates that they chose the location in the Canal area due to a high number of DUI related accidents, 55% of all drunk driver related accidents in San Rafael so far in 2011.

Friday night's DUI checkpoint will be funded by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Continue reading "DUI checkpoint planed in San Rafael this Friday, August 12, 2011" »

The City of San Rafael Police Department will be holding a DUI checkpoint tonight, from 6:00 p.m. to 2:00 a.m. The checkpoint will be conducted on East Francisco Boulevard at Morphew Street in both directions.

Police departments throughout Marin County and the San Francisco Bay Area run DUI checkpoints in an effort to deter DUI drivers and to keep unlicensed drivers off the streets. Drunk driving checkpoints are legal provided that the police follow guidelines including the giving of advance notice to motorists, the use of proper warning signs and lighting and a neutral based formula for stopping cars.

Friday night's DUI checkpoint will be funded by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Continue reading "San Rafael DUI Checkpoint Tonight, July 22, 2011" »

Last Friday the San Rafael Department deployed an eight officer strike team from 4p.m. to 1:30 a.m. on Saturday, to look for Drunk Drivers. At the conclusion of their DUI saturation patrol, after making 30 traffic enforcement stops, San Rafael Police Officers made only one arrest for driving under the influence. However, nearly half, 14, of the drivers pulled over were given field sobriety tests. Officers issued an additional sixteen moving safety citations, three citations to unlicensed drivers and arrested one person on an outstanding warrant.

The driver arrested for DUI was stopped for a loud music violation and subsequently found to have an alleged blood alcohol concentration of .10%. In California the per se legal limit for drunk driving is .08% or greater. As such, it is illegal for any driver with a blood alcohol level of more than .079% to drive a motor vehicle. Further, drivers under the age of 21 and drivers on probation for driving under the influence are prohibited from driving with any alcohol in their blood.

Police officers in Marin County and throughout California are trained to detect impaired drivers pursuant to standards set forth by the National Highway Traffic Administration (NHTSA). The first phase of DUI detection involves the Police Officer's observations of the vehicle in motion. NHTSA lists 24 visual cues for DUI detection and among them would be inappropriate or unusual behavior. Arguably, driving with amplified or loud music could be considered inappropriate behavior and could provide cause for an officer to make a traffic stop.

Continue reading "San Rafael DUI Saturation Results" »

Vallejo Police Department officers on duty on Thursday night will be keeping and extra sharp eye out for drunk drivers due to the Cinco de Mayo holiday. Along with CHP Officers, the Vallejo Police Officers will be conducting their DUI saturation as part of the Solano County "Avoid the Solano 10."

In Solano County ten police agencies participate in the "Avoid the Solano 10 campaign", a program funded by a grant from the State of California Office of Traffic Safety. Participating police departments use state funds to conduct DUI checkpoints and DUI saturation patrols in each of the cities in Solano County.

Driving under the influence cases in Solano County are prosecuted in both of the Solano County Superior Courthouses, located in Vallejo and Fairfield. Which Courthouse a case goes to depends on whether the DUI arrest was made in the Northern or Southern part of the County. Typically drunk driving cases originating in Vallejo and Benicia are handled in Department 24 of the Vallejo Court while cases stemming from arrests in Vacaville, Dixon, Rio Vista and Fairfield begin in Department 21 of the Fairfield Court. Currently Commissioner Raymond Wieser sits in Department 24 while recently sworn in Commissioner William Pendergast sits in Department 21

Continue reading "Vallejo DUI Patrols stepped up for Cinco de Mayo" »