Marin DUI Lawyer Blog

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" »

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" »