Marin DUI Lawyer Blog

Authorities in Sonoma County have arrested 121 drivers for driving under the influence since beginning there holiday DUI crackdown on December 18. As of Monday, December 28, the 13 police agencies participating in the task force had made 121 new DUI arrests and another 23 for outstanding driving under the influence related warrants.

Police officers are reporting that there have been 7 alcohol related accidents resulting in 8 injuries during the crackdown. The most serious crash resulted in a 23 year old Santa Rosa woman being arrested on suspicion of DUI after her passenger was ejected from her car when it went off of Southbound Highway 101 in Santa Rosa early on Christmas morning.

Officers are conducting DUI saturation patrols and checkpoints during the holiday crackdown which ends on January 3, 2010. One driving under the influence checkpoint was to be conducted in Petaluma last Saturday but was canceled because of rain. The police have announced that another checkpoint is scheduled for next weekend in Santa Rosa.

Police officers conducting checkpoints must follow criteria laid out by the California Supreme Court in 1987 in the case of Ingersoll v. Palmer (1987), 43 Cal.3d 1321. The Ingersoll guidelines cover the following categories: The Ingersoll guidelines fall under the following general headings:

1. Decision Making at the Supervisory Level;
2. Limits on Discretion of Field Officers;
3. Maintenance of Safety Conditions (for officers and the general public):
4. Reasonable Location;
5. Time and Duration of the checkpoint;
6. Indicia of Official Nature of Roadblock (signage, lighting, road cones)
7. Length and Nature of Detention; and
8. Advance Publicity.

When confronted with a DUI checkpoint case your Marin/Sonoma County attorney will evaluate each of the Ingersoll guidelines in comparison to your detention. Many legal challenges can be raised to to the use of checkpoints.

Continue reading "Marin DUI Lawyer - Sonoma County holiday crackdown nets 121 " »

A Southern California charity is offering $10.00 taxi cab vouchers to holiday celebrators. The Lev Foundation, formed by family and friends of 25-year-old Daniel Levian, who died in 2008 while the passenger in a drunk driver's car, has given out about 200 vouchers so far.

Michelle Shirin Alfi, Mr. Levian's cousin, says the voucher program will have done its job if it can keep someone from experiencing the pain her family suffered. The Lev Foundation is providing the taxi vouchers through December on their website.

In Marin County and all places in California a person can be charged with murder if she drives while under the influence or with a prohibited blood alcohol level and causes an accident that kills another person. It is never advisable to drink and drive and partygoers would be wise to find a safe ride home. Taking a cab ride home or using a designated driver is much safer than drinking and driving and far cheaper than facing a DUI prosecution.

Continue reading "Free Taxi Vouchers to help prevent DUI deaths." »

The California Highway Patrol's effort to stem drunk driving over the holiday weekend lead to slightly more arrests than in 2008. The CHP DUI crackdown began at 6:00 p.m. on Wednesday, November 25, 2009 and had resulted in 87 arrests for driving under the influence by 6:00 a.m. on Friday, November 27, 2009.

The 87 arrests were moderately more than the 83 for the same time period in 2008. Statewide the CHP made 542 DUI arrests compared to 513 in 2008.

A driver arrested during the holiday crackdown must act quickly to protect their rights. You have only ten days from the date of your arrest to request a DMV administrative hearing or your license will automatically be suspended. Further, an arrest in Marin, San Francisco, or elsewhere in the Bay Area will initiate a criminal prosecution by the local district attorney's office. If convicted for DUI you face possible jail time, fines and additional driver's license consequences.

Continue reading "Thanksgiving Holiday DUI arrests up in San Francisco Bay Area" »