Marin DUI Lawyer Blog

The Santa Rosa Police Department will be conducting a DUI and driver's license checkpoint beginning this evening at 7:00 p.m. and ending at 2:00 a.m. on Saturday. The checkpoint will take place at an undisclosed location where police indicate a significant number of DUI-related collisions and DUI arrests have occurred.

Police checkpoints aimed at stopping people from driving under the influence and getting unlicensed drivers off the roads have become more common in recent years. Police Departments throughout the San Francisco Bay Area and California have been receiving grants from the California Office of Traffic Safety and the National Highway Traffic Safety Administration to fund such checkpoints. This Friday's DUI checkpoint is being funded by such a grant.

Court cases dealing with the legality of checkpoints mandate that cars entering a checkpoint will stopped based on a predetermined mathematical formula. If a driver who is stopped appears to the police to be driving under the influence they will be asked to pull into a screening area where officers will conduct a DUI investigation. The driver may then be asked to exit the vehicle and submit to field sobriety testing which may include the administration of a preliminary alcohol screening (PAS) device. 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.

Continue reading "DUI Checkpoint Tonight in Santa Rosa" »

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 " »

In a county wide effort to curb driving under the influence, Marin County Police Departments will be conducting increased saturation patrols and DUI checkpoints over the Thanksgiving holiday. Police officers said that special saturation patrols will be sent out beginning Wednesday night and they are urging people to find a safe ride home after drinking.

DUI checkpoints are a common sight during the holiday season as more people are out celebrating and attending holiday parties. The courts have found that the use of checkpoints, so long as conducted with a plan and pursuant to guidelines, do not violate our rights to be free from unreasonable searches under the 4th amendment to the Untied States Constitution.

Marin County police departments received funding to conduct driving under the influence checkpoints in an effort to reduce the number of traffic collisions related to intoxicated drivers and hit and run collisions. DUI roadblocks and saturation patrols serve as a reminder to use designated drivers and not drink and drive.

Continue reading "Marin County Cops plan DUI saturation over Thanksgiving Holiday" »

The San Rafael Police Department will be conducting a DUI and driver's license checkpoint beginning this Friday at 6:00 p.m. The checkpoint will take place at an undisclosed location in San Rafael and will end at 2:00 a.m. on Saturday.

Police checkpoints aimed at stopping people from driving under the influence and getting unlicensed drivers off the roads have become more common in recent years. Police Departments throughout the San Francisco Bay Area and California have been receiving grants from the California Office of Traffic Safety and the National Highway Traffic Safety Administration to fund such checkpoints. This Friday's DUI checkpoint is being funded by such a grant.

Cars entering a checkpoint will stopped based on a predetermined mathematical formula. If a driver who is stopped appears to the police to be driving under the influence they will be asked to pull into a screening area where officers will conduct a DUI investigation. The driver may then be asked to exit the vehicle and submit to field sobriety testing which may include the administration of a preliminary alcohol screening (PAS) device. Submission to field sobriety testing and/or a PAS breath testing device is 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.

Continue reading "San Rafael DUI Checkpoint Friday November 20, 2009" »

The City of South San Francisco Police Department has received state monies to increase the use of DUI checkpoints, patrols and courthouse stings in 2010. They have received almost $140k from the California Office of Traffic Safety and will apparently use some of that money to stake out repeat DUI offenders.

According to the Office of Traffic Safety the people of South San Francisco will also receive an education on the dangers of drunk driving. Office of Traffic Safety Director Christopher Murphy says the grant money will keep the annual trend of declining alcohol impairment related crashes going.

If you get a DUI in California there is a good chance you are going to have your driver's license suspended. On a first offense you have only ten days to request a DMV administrative hearing and if you fail to do so, or lose the hearing, your license will be suspended for four months, longer if you are under 21 years old or refused a chemical test. You will also lose your license for six months if you are convicted of driving under the influence.

Continue reading "South San Francisco Police out to fight drunk driving in 2010" »

Solano County Drivers beware! The City of Vallejo Police Department has announced that they will be conducting a DUI checkpoint on Wednesday evening. The location of the checkpoint has not been disclosed and the United States Supreme Court is of the opinion that law enforcement does not need to release DUI checkpoint location information. Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)

Although the Fourth Amendment to the United States Constitution affords us all protections against "unreasonable searches and seizures", law enforcement use of DUI checkpoints is on the rise.

The use of DUI checkpoints is gaining support nationwide in an effort to reduce DUI related accidents, injuries and deaths. The Vallejo Police Department wishes to use this DUI checkpoint to identify DUI offenders and get them off the street.

Continue reading "Vallejo DUI Checkpoint September 30, 2009" »