Marin DUI Lawyer Blog

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 Francisco Police Department will be rolling out a five officer motorcycle patrol on Cinco de Mayo aimed at catching drunk drivers. Captain Al Casciato of the San Francisco Police Department's Traffic Company said that the DUI motorcycle officers will be heading out of the Traffic Company at the Hall of Justice at 7 p.m. Cinco de Mayo and returning from their roving drunk driving patrol at 3 a.m. on Friday, May 6, 2011.

San Franciscan's can avoid the possibility of getting a DUI by taking advantage of one of the free taxi cab services being offered on Thursday's holiday. A California personal injury attorney, Berg Injury Lawyers, is putting up $35 for a cab ride home. All you have to do is mention them to the cab company you call. If your trip costs more than $35, you are responsible for the difference.

Regardless of cost, a taxi ride or other public transportation home from a bar will certainly cost you less than an arrest for driving under the influence. A conviction or a first offense DUI can result in three to five years of probation with fines and fees exceeding $2,000.00 after paying the court, DUI program and the DMV fees. Drunk driving offenders may also serve jail time up to six months on a fist offense and up to one year on a second offense. Most people convicted in San Francisco will have to serve time with the San Francisco Sheriff's Department's Work Alternative Program, SWAP.

Continue reading "San Francisco DUI Motorcycle Patrol" »

Thirty year old Clinton Hornsby of Novato was arrested last Sunday night after failing to stop at an intersection near Penngrove in Sonoma County. A CHP officer stopped Mr. Hornsby just after 9:00 p.m. after observing the stop sign violation.

After contacting Mr. Hornsby the CHP officer believed he was under the influence and conducted a DUI investigation including field sobriety tests. After concluding his investigation the officer arrested Mr. Hornsby for driving under the influence and a violation of probation. He has suffered two prior DUI convictions.

A third offense DUI carries a minimum of 120 days in county jail, a driver's license revocation for three years and mandatory attendance at an eighteen month long DUI program. A third time offender may apply for a restricted driving privilege after six months provided they install and ignition interlock device on any vehicle they own or operate.

Continue reading "Novato man arrested for 3rd DUI in Sonoma County" »

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 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 " »

The Oakland Police Department announced this week that they have received a grant ffrom the California Office of Traffic Safety that will fund their pursuit of drunk drivers for the next year. Oakland police Lt. Sharon Williams said that the yearlong anti-DUI program received a grant of $240,000.

The Oakland Police will be using their new DUI funds to conduct driver's license and drunk driving checkpoints, DUI warrant sweeps and driving under the influence saturation patrols during periods of high incidence drunken driving. Police Officers will also be conducing court stings, where they will follow DUI drivers with suspended licenses out of the courtroom and stop them if they are seen driving away from the courthouse.

In California a first offense DUI is a misdemeanor punishable by up to six months in jail. Further, a first time convicted drunk driver will have to attend a DUI program varying in length from three to nine months and may have their driving privilege suspended for 6 months or restricted for up to ten months depending on their blood alcohol level.

Also, Alameda County is one of four pilot counties in California that require the installation of an ignition interlock device for all DUI convictions including first offenses.

Continue reading "Alameda County Oakland Police get DUI funding for 2011" »

Holiday drivers in Marin County, San Francisco, Oakland and throughout California should really think when they drink this weekend. The CHP will be conducting their last MEP, Maximum Enforcement Period, of the summer this Labor Day weekend.

The Highway Patrol will be rolling in force beginning Friday, September 3, 2010 and ending Monday, September 6, 2010, as part of their ongoing aggressive crackdown on impaired driving which began on August 20. Last year the CHP arrested 1,417 drunk drivers over the Labor Day holiday.

To aid in the crackdown against driving under the influence the CHP is urging motorists call 911 if they see any drivers whom they suspect drunk. Motorist who call 911 to report drunk drivers should be prepared to provide CHP dispatchers with a description of the drunk driver's car, its location and direction of travel.

Drivers arrested for DUI/DWI in California face severe consequences including a potential jail sentence: 0 to 180 days on a first offense, 10 days minimum on a second DUI, 120 days to 1 year on a 3rd drunk driving charge and possible state prison if convicted of a 4th offense for driving under the influence. In addition to possible jail time, DUI offenders must pay hefty fines to the court and fees for attendance at mandatory DUI school. Further, drunk drivers face the possible suspension, revocation or restriction of their driving privileges. Moreover, the installation of an ignition interlock devices (IID) is mandatory for even a 1st offense DUI conviction in Alameda, Los Angeles, Sacramento, and Tulare counties. Those counties are conducting a pilot program for 1st offender IID devices and the IID requirement on a 1st DUI may be expanded statewide in the future.

Continue reading "Marin Drivers Beware - DUI Patrols at Max Level this Labor Day" »

At around 10:30 p.m. on Saturday, August 21, 2010, a 25 year old Vallejo woman had herself arrested for drunk driving. Nancy Murcia told Vallejo police officers that she felt compelled to call 911 to report that she had been drinking and driving. Officers pulled her over near Florida and Sacramento Streets in Vallejo and found that she was in fact driving under the influence.

Ms. Murcia could be facing possible county jail time ranging from six months to one year depending on whether this is her first or multiple arrest for DUI. Driver's in California arrested for drunk driving also face the potential loss of their driving privilege from the DMV for between four months to four years. The length of driver's license suspension or revocation varies based on factors including prior convictions and whether the driver refused to submit to a chemical test to determine their blood alcohol concentration.

Multiple offenders can now obtain a restricted driving privilege after ninety days of suspension on a second offense and six months of suspension on a third offense provided they install an ignition interlock device (IID) on their car and provide proof of DUI program attendance and and SR22.

Continue reading "Vallejo DUI driver has herself arrested." »

24 year old Jakclin Deleon crashed the car he was driving into a vacant home in Vallejo on Tuesday, June 29, 2010 after being unable to navigate a curve in the road. Mr. Deleon was treated for a complaint of neck pain and subsequently arrested for driving without a license and driving under the influence.

DUI arrests in Vallejo are prosecuted in the Solano County Courthouse at 321 Tuolumne Street. Depending on whether Mr. Deleon has any prior drunk driving convictions in the last ten years, he could be facing a sentence including possible county jail time from zero to 365 days.

Moreover, an arrest for DUI starts a DMV administrative suspension of a person's driving privilege. Pursuant to the California Vehicle Code a first arrest for DUI results in a four month license suspension, assuming the grounds for the suspension are found to be justified by the DMV. After the first month of suspension a driver can apply for a restricted driver's license for driving to, from and during employment and to and from a DUI program. booked into Solano County Jail.

Continue reading "Car crashes into house in Vallejo, Driver arrested for DUI" »

Eliseo Hernandez, 43, was arrested on Friday evening after crashing his SUV on northbound highway 101 in Novato. Novao Police Officers said that Hernandez crashed after cutting off another vehicle and losing control.

Mr. Hernandez suffered minor injuries in the rollover and was treated at Marin General Hospital for head cuts. After receiving treatment at Marin General he was booked into the Marin County Jail on suspicion of drunk driving and driving with a suspended license.

The Marin County District Attorney will review the case and make a charging determination. Mr. Hernandez could be charged with a misdemeanor suspended license violation and a misdemeanor or felony DUI depending on whether he has any prior convictions for drunk driving. A conviction on a first offense for driving under the influence can result in the punishment including fines, license suspension, probation and mandatory attendance at a first offender DUI program.

Continue reading "Novato rollover crash nets Marin County DUI arrest" »

26 year old Clinton Mark Dahms of Sonoma was arrested on Monday after driving his van through front yards and hitting a house in a Novato neighborhood.

Novato Police Officers said that Mr. Dahms drove his 1994 Pontiac through multiple lawns hitting shrubs, a tree, a parked car and retaining wall before smashing into a home on Rowland Blvd. Mr. Dahms ran from his Pontiac Van after hitting the parked car an pushing it into the residence.

It took three Novato Police officers to arrest Mr. Dahms after he ran through another home. He apparently did not cooperate with the officers and was booked into the Marin County Jail on a charge of resisting arrest. He was also booked for DUI, hit and run, being under the influence of a controlled substance, battery on a police officer and trespassing.

The case will now be reviewed by the Marin County District Attorney's Office for a formal charging determination. The charges for which Mr. Dahm's was arrested are mix of misdemeanors and felonies and if convicted he could be placed on probation with county jail time or he could be sent to the California Department of Rehabilitation and Corrections, prison. Being under the influence of a controlled substance in violation of Health and Safety Code section 11550(a) carries a minimum sentence of 90 days in jail. If convicted in this case Mr. Dahms may be required to attend a driving under the influence program, make restitution for the damages he caused, and attend drug treatment.

Continue reading "Marin DUI lawyer - Man arrested for drunk driving in Novato after plowing into a house" »