California Criminal Defense Attorney Blog

Arnold Schwarzenegger recently signed a new law that that dramatically shortens the period of time that must pass before a person convicted of a second DUI or a third DUI offense may apply to have his or her driver's license suspension modified to restricted status. Those with a restricted license are allowed to drive to and from work and to and from a court ordered alcohol or DUI program (hence “to and from license”).

Prior to SB 598, anyone convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new law shortens the 12-month period to 90 days.

Similarly, a person convicted of a third-time DUI would lose his or her license completely for at least 12 months before he/she could apply to reduce the three year suspension. Now third time offenders only have to wait 6 months.

Those hoping to take advantage of this new law must agree to install an ignition interlock device (IID) and any vehicle owned by him/her.

If you have suffered your Second or Third DUI arrest or conviction contact Orange County DUI attorneys of Criminal Defense Team so that we may explain the ramifications of this new and whether it will be of any help to you. However, you should know that this law does not take effect until Summer of 2010 and the question remains whether it only applies to suspensions past that date or anyone suspended prior can take advantage of it as well.

A U.S. Supreme Court ruling on Tuesday, Oct. 20, 2009 puts to question the legal authority of a police officer's authority to pull over a suspected drunk driver based solely on a tip from a caller to law enforcement.

Over the dissent of Chief Justice Roberts, Supreme Court let stand a Virginia Supreme Court ruling that a police officer can follow but cannot stop a suspected drunk driver's car until the officer observes the driver doing something suspicious, such as swerving into another lane.

According to Los Angeles Times this case is expected to open the door for further legal challenges to police stops that are prompted solely by a called-in tip from another driver. Many states have upheld car searches prompted by a called-in tip, as long as the vehicle matches the description given, the L.A. Times reported. Mothers Against Drunk Driving was behind the appeal to the U.S Supreme Court.

This case is particularly interesting to me as a friend recently was cited by an officer who did not even observe him drive. In this particular case, the driver was on a freeway and after he exited to get gas he was approached by a plain clothes detective who claimed that the driver was going 90 on the freeway. The detective then called for a unit to come all the way to where they were to cite the driver. This even though the officer who cited the driver had not even observed him drive or get out of the vehicle.

I consider this kind of practice to be a complete abuse of authority and the recent Supreme Court case ( although it deals with DUI stops) may help reign in “rouge” officials. Our Orange County DUI defense attorney have encountered many DUI cases which were initiated with call-in tips from people who may not have been completely truthful when calling the police. With this new ruling our Newport Beach DUI attorneys can now have a new tool to counter the District Attorney’s office.