Marin DUI Lawyer Blog

44 year old Adrian Pasdar, star of the popular television series "Heroes", was arrested early Wednesday morning by CHP officers in Los Angeles. Police officers stopped Mr. Pasdar for speeding and straddling two lanes, around 3:00 a.m. on the 405 freeway. He arrested and booked on suspicion of driving under the influence and released later Wednesday morning on $15,000.00 bail.

The police reports of Mr. Pasdar's case will be sent to local prosecutors for review. Should they elect to file a formal complaint he will likely be charged with violations of Vehicle Code section 23152(a) and (b). A conviction for DUI, 23152(a), or driving with a prohibited blood alcohol level, 23152(b), could result in the imposition of probation, fines, attendance at a DUI school, a driver's license suspension and possible jail time.

Continue reading "Star of NBC's "Heroes" arrested for DUI" »

On December 18, 2009, Marin County traffic ticket attorney John Stanko successfully argued that the use of radar and laser on the Golden Gate Bridge is illegal and constitutes a speed trap. Earlier this fall CHP officers were parked on the bridge monitoring Northbound traffic when their attention was drawn to a vehicle that they believed to be traveling at a high rate of speed. The officers activated their radar gun and clocked the vehicle at 60 mph. They then initiated a traffic stop and cited the driver for Vehicle Code section 22350.

The case went to Court Trial on December 18, 2009 and the Marin County Traffic Court agreed with Attorney John Stanko when he argued that no justification existed for setting the speed limit on the bridge 9 mph under the 85th percentile and that the use of Radar in this case was an illegal speed trap.

California Vehicle Code section 22350 is the Basic Speed Law and states that no person shall drive on a highway at a speed that is greater than reasonable or prudent. Speed traps are defined in Vehicle Codes section 40802. Section 40802 prohibits the enforcement of the speed limit involves the use of radar or any other electronic device unless the speed limit has been justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation. Further, once an engineering survey has been conducted the speed limit must be set at or within 5 miles per hour under the 85th percentile unless a further reduction is can be justified.

The speed limit on the Golden Gate Bridge is 45 mph, the 85th percentile speed of drivers in the most recent engineering and traffic survey was 56 mph and the majority of drivers in the survey exceeded 45 mph. Thus, the 45 mph speed limit was not set at or within 5 mph under the 85th percentile of drivers and the use of radar or lidar/laser to enforce the speed limit amounts to an illegal speed trap.

Continue reading "Marin County - Speed Trap: The Golden Gate Bridge" »

In response to the numerous crashes since the new S-curve was installed over labor day the California Highway Patrol stepped up its speed limit enforcement on the Bay Bridge this week. Authorities indicate that there have been at least 43 crashes on the S-curve, the temporary bypass to be used on the Bay Bridge until the new Eastern span is completed in 2013, which was put in place over the labor day weekend.

The worst crash happened last Monday when a 56 year old truck driver was killed when his big-rig went off the side of the bridge, landing on Treasure Island. The investigation into Monday's crash indicates that it, like all the other on the S-curve crashes, was related to speeding.

In an attempt to prevent any further accidents the CHP began cracking down on speeding on Wednesday, November 12, 2009. From 11:00 p.m. on Wednesday to 4:00 a.m. on Thursday, officers issued 34 speeding tickets and arrested one driver on suspicion of driving under the influence. The speed limit on the Bay Bridge is 50 mph but drops to 40 mph on the S-curve portion.

If you are ticketed for speeding on the Bay Bridge you may be cited for one of several Vehicle Code sections related to speeding, including: section 22405 which specifically relates to speeding on bridges and structures; section 22350, the basic speed law which requires drivers to drive at reasonable and prudent speeds; or section 23336, a common ticket given out by the CHP, which makes it unlawful to violate any rule or regulation posted by a sign on a vehicular crossing.

Continue reading "San Francisco/Oakland Bay Bridge - Speeders beware." »

Early Friday morning, October 23, 2009, a San Francisco Police Officer contacted Antonio Dalballo after stopping him for a traffic violation in the Haight Ashbury neighborhood. When the officer approached Mr. Dalballo he smelled the order of an alcoholic beverage and began a DUI investigation.

When the officer ordered Mr. Dalballo to exit his vehicle he ignored the officer's commands and began to reach for his ignition. When the officer reached for the car keys Mr. Dalballo grabbed the officer's arm and took off speeding and colliding with several cars while dragging the officer.

The officer was eventually thrown to the ground and Mr. Dalballo was arrested a short time later. He was booked on suspicion of felony aggravated assault on an officer, felony drunken driving with injury, evading a police officer and marijuana possession.

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Today the City of San Rafael began using Red Light Photo Enforcement Cameras to catch red light runners. Marin County's first Red Light Cameras were installed free of charge to City of San Rafael by Redflex Traffic Systems Inc., of Scottsdale Arizona.

Drivers will encounter Red Light Cameras at the intersection of Third and Irwin Streets in downtown San Rafael in both the West and Northbound directions. The City of San Rafael will be paying Redflex Traffic Systems Inc., a monthly fee of $5,900.00 for the Red Light Cameras at Third and Irwin. This will be the first of ten intersections to receive the Photo Enforcement Cameras.

According to the City of San Rafael, drivers alleged to have run the Photo Enforced Red Light will receive a warning during the first month. Thereafter, the ticket for running the Photo Enforced Red Light will carry a $503.00 fine.

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