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" »

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" »

Client charged with violating Vehicle Code 21453, red light camera ticket in Emeryville. Case dismissed at court trial in Oakland, Alameda County Superior Court.

Marin County man alleged to have been driving 71 mph, based on radar, in a 35 mile per hour zone on Nicasio Valley Road. Court trial in the Marin Superior Court. The citing CHP officer failed to produce a valid traffic and engineering survey and the charged violation of Vehicle Code 22350 and court ordered suspended license from prior trial by written declaration are dismissed.

In California the use of Radar or Lidar on most surface streets where the speed limit has been set at prima facie limit the police must produce a valid traffic and engineering survey in order to justify the use of a speed measuring device. According to the California Manual on Uniform Traffic Control Devices, prima facie speed limits should be set at the nearest 5 mph increment of the 85% of all driver's in the survey unless proper legal reasons allow for a reduction below that setting. The use of Radar or Lidar where there is no valid survey amounts to an illegal speed trap.

Continue reading "San Francisco Bay Area Traffic Ticket Results Nov 14-18, 2011" »

Local traffic Attorney John Stanko beats tickets in Marin, Sonoma and San Mateo Counties in September 2011.

Marin County.
Speeding ticket, violation of Vehicle Code section 22350 on Lucas Valley Rd. in San Rafael is dismissed at court trial.

San Mateo County.
Violations of Vehicle Code sections 22348(a) speeding over 100 mph and 22349 violating the maximum speed limit. Attorney filed demurrers in both cases which were granted after prosecution failed to file amended verified complaints. Both cases dismissed.

Somoma County.
Speeding ticket on Highway 101 dismissed when demurrer is granted!

Continue reading "Marin Traffic Attorney Recent Victories" »

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" »

In a traffic court trial on August 3, 2011, in Marin County, the Court Commissioner agreed with Attorney John Stanko's argument that a speeding ticket issued on Northbound Nicasio Blvd. in West Marin was illegal. The CHP had cited the driver for allegedly going 55 mph in a 35 mph zone just North of Nicasio Elementary School. The Highway Patrol Officer had used a Radar gun to determine the driver's speed.

In California the use of Radar on most surface streets must be justified by a valid traffic and engineering survey. California Vehicle Code sections 627 and 40802 et sec. discuss the use of radar to detect the speed of a moving vehicle. Absent the proper introduction of evidence, including a valid certified traffic and engineering survey a peace officer's use of radar is an illegal speed trap. When the court finds that the use of radar was illegal the officer is incompetent to give testimony and the court is without jurisdiction to render a finding of guilt.

The California Manual on Uniform Traffic Control Devices and the Vehicle Code require that the speed limit be set within the nearest 5 mph of the 85 percentile of drivers in a traffic and engineering survey. Absent proper justification based on factors not readily apparent to drivers, the speed limit may not be reduced lower than the nearest 5 mph of the 85 percentile. In this case the 85 percentile speed was 45 mph but the speed limit had been set at 35 mph without proper justification and the Court had to dismiss the case.

Continue reading "Illegal Speed Trap In Marin County" »

Four traffic court trials result in four victories in Oakland, San Rafael and South Lake Tahoe.

On Tuesday, June 1, 2011, a speeding ticket on the Oakland Bay Bridge, an alleged violation of Vehicle Code section 23336, was dismissed at trial in the Alameda County Superior Court, Wiley Manual Courthouse. The client had been charged with violating the posted speed limit signs on the Oakland Bay Bridge and was alleged to have been driving 60 MPH. A conviction for California Vehicle Code section 23336 would have resulted in one point on the client's driving record and increased insurance costs.

In the Marin County Superior Court in San Rafael two cases were resolved at court trial on June 1, 2011. A speeding ticket for allegedly violating Vehicle Code section 22350, the basic speed law, was reduced to a Novato Municipal Code violation and an alleged violation for making a u turn in a San Rafael business district, Vehicle Code section 22102, was also reduced to a municipal code violation. Neither client will receive a point on their record but both must still pay fines.

On June 2, 2011, a ticket for violating California Vehicle Code section 22400(a), issued when a client allegedly stopped on a highway to take pictures in South Lake Tahoe, was resolved a court trial by a plea to a lesser offense. As such, the client will not receive a point on his California DMV record.

Points are assessed on a driver's record in California as a result of convictions for Vehicle Code moving violations. In most cases those points remain a a driver's record and can affect their insurance rates for a period of three years. Further, a driver that gets too many points can have her license suspended by the DMV for being a negligent operator.

Continue reading "Marin Traffic Attorney 4 Recent Victories " »

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" »

Using funds from a grant provided by the California Office of Traffic Safety, the Santa Rosa Police Department will be buying new equipment and instituting special traffic enforcement measures in and effort to save lives and prevent traffic related injuries.

The Santa Rosa Police Department will use funds from the Selective Traffic Enforcement Program (STEP) grant to assist in efforts to deal with traffic safety problems and to purchase LIDAR (laser speed monitoring devices), Preliminary Alcohol Screening (PAS) devices, educational materials and to pay for Police Officer overtime for officers working special enforcement activities like DUI Checkpoints. DUI offenders and drivers with suspended or revoked licenses will be targeted through the use of DUI/driver's license checkpoints, Drunk Driving saturation patrols, and court stings where driver's with suspended or revoked driver's licenses who drive away from the Sonoma County Courthouse are immediately pulled over.

The use of LIDAR devices has become commonplace in California, replacing the use of Radar guns by many police officers including most CHP officers. However, the use of LIDAR has not been generally accepted in the scientific community as a valid method for detecting the speed of moving vehicles. Further, although most traffic court commissioners and judges routinely allow LIDAR evidence to be introduced by police officers at traffic court trials, there is not a single California Court case approving of LIDAR devices. It would appear that most courts allow LIDAR evidence because most people do not fight traffic tickets with an attorney who would object and attempt to exclude the LIDAR readings.

Continue reading "Santa Rosa Police to Expand Traffic and DUI Enforcement" »

Last weekend the San Rafael Police Department conducted two DUI/driver's license checkpoints in the city.

Both San Rafael driving under the influence checkpoints were set up on Friday May 7, 2010. The first suspended license checkpoint was located on North San Pedro Road in the early evening and the second DUI and driver's license checkpoint was done at the intersection of 5th and Irwin in downtown San Rafael.

San Rafael Police Sergeant Christopher Coale said that approximately 1,200 cars passed through both checkpoints. When all was said and done police officers arrested only two people for driving under the influence. Eighteen additional people were cited for driving on a suspended license or driving without a license in their possession. The San Rafael Police Department issued an additional eight traffic tickets for moving violations and safety violations.

Anyone charged with a traffic ticket for a moving violation faces a fine if convicted and would receive one or more points on their DMV driving record. Further, their insurance rates could go up for at least three years.

Continue reading "San Rafael DUI Checkpoints net two Drunk Drivers" »

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." »