California Criminal Defense Attorney Blog

You're driving around lost or maybe your evasiveness is on purpose because you see a police cruiser behind you. In most situations, as long as you follow the traffic rules, you should be fine.

But the recent case of South Dakota v. Shanna C. Starkey, shows that some courts think otherwise in Fullerton DUI cases.

This topic is especially important as during the winter break, nearly 1,000 people were arrested for DUI throughout California -- that number only includes California Highway Patrol officers -- as law enforcement officers increased patrols and sought to increase DUI arrests. Our Fullerton DUI defense lawyers recognize that being charged with a DUI is a life-changing situation and one that can seriously harm a person's future.

In Starkey's case, last July she was parked at a bar around 2 a.m. She backed out of a parking space, according to court records, and pulled into the left lane of a three-lane street. She stopped about four car lengths short of a police cruiser ahead of her, though there was no traffic between the patrol car or any reason to stay behind, the officer stated.

As the light turned green, the officer went straight, while the female driver turned left. The officer decided to follow her. After going through the intersection, the officer made two lefts to backtrack and attempt to locate the female driver. He saw her sitting at a red light a few streets over.

The woman made a left, turned into a church parking lot, into an alley, down several more streets and eventually she ended up back at the bar where she originally started. The officer pulled her over and said, "Looks like you're doing a lot of work trying to avoid me." He suspected she was guilty of DUI and arrested her.

Her DUI defense lawyer attempted to suppress the evidence gathered because the officer had no reason to pull the vehicle over in the first place. There was no swerving, no running a red light, speeding or other traffic infraction that gave the officer a reason to make the initial stop. And her judge agreed, granting the motion to suppress and kicking out any evidence collected after the stop.

The state appealed and the South Dakota Supreme Court made a shocking ruling that because there was "reasonable suspicion that criminal activity was afoot," the officer had reasonable suspicion to justify the stop.

Our Fullerton DUI defense lawyers hope there is an avenue for appeal beyond the current ruling because that would allow officers to have the power to pull over anyone any time they believe there is a "suspicion that criminal activity was afoot," regardless of any actual proof. This could lead to profiling, which is something that doesn't belong in police work. Let's hope this decision is struck down or not used as a basis for future cases.

Continue reading "State v. Starkey Shows Officers Must Have Cause For Stop in Fullerton DUI" »

According to The Orange County Register, there were more DUI arrests around the New Year's holiday this year than last.

As our Newport Beach DUI defense lawyers reported on our blog recently, we expected law enforcement to make a big push toward making DUI arrests at the end of the year since many more people were expected to be on the road traveling.

In fact, AAA estimated that 1.4 percent more people would be taking to the streets from Dec. 23 to Jan. 2, meaning that in Southern California, 7.13 million local residents would be traveling up to 50 miles from their home. One of the top destinations in the area was Disneyland in Anaheim, meaning there were likely many out-of-state drivers in the area.

According to the news article, the California Highway Patrol arrested 57 people for DUI in Orange County over the New Year's weekend, a jump of 20 from the year before. Statewide, there were 932 arrests, up from 873 over the same time period from last year's holiday. There were 12 deaths on the road, though none in Orange County. The article doesn't report how many of those deaths were drunk driving related.

And some of them may have been pulled over by local or state law enforcement and investigated for DUI. A fun trip to California may have ended on a sour note and they may facing legal trouble. But there are steps that can be taken to help a person who is in this position.

First of all, as in any DUI case, there are defenses that must be explored. And they begin with the reason the officer made the traffic stop in the first place. Our Constitutional rights protect us from being stopped for no reason.

So, if a law enforcement officer pulls a driver over, there must be what's called probable cause. Essentially, this means police must have a reasonable belief that the driver has committed a crime or a driving infraction. In DUI cases, this typically means the driver was speeding, swerving, made an improper lane change, ran a stop sign or showed signs of impairment.

Once the officer begins talking with the driver, they use their observations to determine whether to begin a DUI investigation. This typically involves whether the driver's speech is slurred or eyes are bloodshot or watery.

From there, an officer can ask a driver to perform field sobriety tests or take a breath test, both of which have defenses. A poorly trained officer, or witnesses who dispute his or her observations can squash the sobriety tests and breathalyzers have been shown to be poorly manufactured or maintained and spit out incorrect results.

But if an out-of-state driver is charged with DUI and is convicted, there still could be a problem dealing with your driver's license. In California, a person who is convicted of DUI has their driver's license suspended for six months. To have the license reinstated, the driver must show they have proof of insurance and have completed a DUI program.

And while a judge may allow the driver to complete a DUI program where they live, that won't satisfy the California DMV. They require an in-state program to be completed. But, there is a way to get around that. A 1650 waiver can be submitted to the DMV to end the suspension in California.

Continue reading "How to Fight a Newport Beach DUI if You Live Out-Of-State" »

With holiday travel expected to increase, just like Thanksgiving, local and state law enforcement will be out on the roads trying to nab as many people as possible for DUI in Garden Grove and throughout Orange County.

Our Orange County DUI defense lawyers understand that you may have to travel this holiday season to visit family and friends. And there may be a possibility that you will end up having a few drinks to relax and enjoy time off from work or while on vacation.

Our lawyers urge you to use good judgment if you consume alcohol, given that police will likely step up their patrols, conduct DUI checkpoints and attempt to make as many arrests as possible between Christmas and New Year's Eve. While it may be a relaxing time with lower stress in your family, this is one of the busiest times of the year for police.

NBC 4 recently reported that during the Thanksgiving holiday, the California Highway Patrol says DUI arrests in Los Angeles County increased 10 percent from last year's holiday enforcement. But statewide, there were 7 percent fewer arrests during the same time. About 70 fewer people were charged this year than last. The TV station reports that 903 people statewide were arrested and there were 14 fatalities.

The California Office of Traffic Safety keeps track of holiday DUI arrest numbers and reports that in 2010, there were 743 DUI arrests in Orange County between Dec. 17 and Jan. 2 -- the typical holiday enforcement period.

The 2009 numbers are much lower because officials only measured a three-day period from Jan. 1 to 3, but in that short time period, there were 110 arrests. In Los Angeles County, there were 1,923 DUI arrests during the winter holiday period of 2010, down significantly from the 2,622 DUI arrests in 2009, the office reports.

Automobile group AAA is estimating a slight increase of 1.4 percent in holiday travel. The Automobile Group of Southern California estimates that 7.13 million local residents will take trips at the end of the year between Dec. 23 and Jan. 2.

Nearly 90 percent of the people who are expected to travel 50 miles or more from home are believed to be traveling via vehicle. That's a 2.5 percent increase from last year. More than 11 million people statewide are expected to travel, with the most popular destinations being Las Vegas, San Diego, San Francisco, the Grand Canyon and Disneyland in Anaheim.

Keep in mind that law enforcement has access to this information and other information and will be planning accordingly. It's likely they will deploy units throughout Orange County and attempt to make thousands of arrests throughout Southern California.

Don't let a DUI arrest ruin your holidays. Take comfort knowing that while this may spoil your holiday plans, hiring an experienced Garden Grove DUI defense lawyer means having someone stand by your side and fight the state's charges.

Continue reading "Law Enforcement Will Seek DUI Arrests in Garden Grove This Winter Holiday" »

As we approach the winter holiday season, police will begin increasing their patrols throughout Orange County as they seek to nail as many people as possible for drunken driving charges.

According to the California Office of Traffic Safety, law enforcement made 743 DUI arrests between December 17 and January 3 last year in Orange County. There were 390 people arrested for DUI in San Bernardino County and more than 1,900 in Los Angeles County.

That's a large number of people charged with DUI in Orange County and the surrounding areas. In many cases, Fullerton DUI defense lawyers have seen, police simply didn't have a lot of evidence.

They were instructed to increase patrols and conduct DUI checkpoints in order to place as many people in handcuffs as they could. But arrest numbers and conviction numbers are two different things. Once police make arrests, they rarely boast what percentage of those cases end in a conviction for that charge. That's because many do not.

Once such case came out of Santa Barbara, where a newspaper journalist faced a DUI charge, but had it dropped after a judge ruled that police didn't have probable cause to make the stop in the first place.

Probable cause is a law enforcement term that is the standard for officers nationwide. Probable cause means that officers must have a reasonable suspicion that a crime has occurred before making an arrest. This is true for DUI cases, drug cases or murder investigations. Regardless of the severity of the allegation, police must have a reason for making an allegation.

In DUI cases or other traffic charges, police must have a reason for making a stop of a vehicle. This can be based on speeding, swerving, running a red light or stop sign or causing an accident.

In the Santa Barbara case, the man stopped at a green light and stayed there for 3 to 5 seconds, the officer stated, before the officer swung by and flashed a light in his car. He looked at the car, looked down and then drove, before the officer made the stop.

After being asked to take a breath test, he blew a 0.09, over the state's 0.08 legal blood alcohol level limit. But his lawyer was able to show the judge that in other states, judges have dismissed DUI charges in cases where a person stayed at a green light for as long as 60 seconds. That was enough to lead to a dismissal of the DUI charge, with the judge saying that any evidence discovered after the traffic stop should be tossed out.

That's what typically happens in cases where police have been found to not have probable cause. Even if the evidence they found shows guilt and proves the person should be convicted, the fact that they obtained the information improperly comes back to haunt them. If the evidence is tossed out, the case goes away, too.

As this holiday season approaches, drive safe and smart. If you are charged with DUI in Orange County, call an experienced DUI lawyer who can help you get through this difficult time.

Continue reading "Thanksgiving DUI Arrests in Santa Ana Coming as Holiday Season Approaches" »

You see it during just about any holiday period -- law enforcement officers out in full force, targeting drunk drivers.

This Labor Day holiday weekend, authorities made 262 DUI arrests in a four-day period. That's a significant number of people whose lives have likely been changed forever. Yet, a DUI arrest in Santa Ana, Anaheim or elsewhere in Southern California isn't necessarily the end of the world.

An experienced Santa Ana DUI defense lawyer must be called on to make sure the driver's rights are upheld and to ensure the officer followed proper rules and procedures in conducting the arrest.

According to The Orange County Register, in 2010 officers made 187 arrests during the same weekend time period, that's 40 percent fewer incidents. Local police departments, the Orange County Sheriff's Department and the California Highway Patrol participated in the checkpoint operations. The stepped-up patrols were part of a grant provided by the state. Officials reported one DUI-related fatality when a San Dimas man lost control of his vehicle and flipped it into a flood-control channel.

Many in the public would be thrilled to hear that so many people were arrested for DUI over the holiday weekend, but our lawyers know the toll that such an arrest can take on drivers who face driving under the influence.

People don't plan to get arrested for DUI like someone who breaks into a house or flees police. This is a charge that anyone -- from plumbers to police officers -- can face. Many times it's a matter of having one more drink than than they should have.

But an arrest isn't proof of guilt. When law enforcement officers set up these stings or planned patrols, they are focused on drunken drivers. Even if a person may not be legally under the influence of drugs or alcohol, officers are so focused on the task they sometimes don't follow the rules and violate drivers' rights.

While this may be seen as a "technicality" to some, evidence must be tossed out if a person's rights are violated by officers not properly doing their job. This can happen anywhere from the initial traffic stop to conducting field sobriety tests and administering a breath test.

If a driver has medical or physical limitations that may have caused erratic driving or caused an accident, that should be factored into the officer's decision as to whether a DUI arrest should be made. But, sometimes that isn't the case.

The best decision, though many don't follow this advice, is to say nothing other than being polite and allow an experienced Santa Ana DUI defense lawyer to take over the case after arrest. A driver is unlikely to convince a trained police officer not to make an arrest. Even if the person has had only a few drinks, their speech skills can be hampered, making matters worse.

What a person says to police can be used against them and that applies to a DUI case just like a murder case. The officer's testimony will be given strong consideration by jurors, so keep that in mind if you face arrest for DUI.

Continue reading " Santa Ana DUI Lawyers Can Help Those With Labor Day DUI Arrests" »

A Corona woman will spend the next 10 years of her life in a California prison after being sentenced in connection with a 2008 accident that killed a University of California, Irvine student, The Press-Enterprise reports.

DUI in Rancho Cucamonga and elsewhere in California is a highly targeted crime, yet it is one that people don't mean to commit. Drinking slightly too much can land a person in jail, yet hiring an aggressive Orange County DUI Defense Attorney can help defend against the allegations and work to get the best possible resolution.

The 32-year-old defendant showed remorse and apologized to the family of the 18-year-old victim. She was convicted recently of involuntary gross vehicular manslaughter while intoxicated and she received a maximum 10-year prison sentence, the report states.

According to the newspaper, the woman left a bar drunk and ignored friends who encouraged her not to get behind the wheel. But police said she drove her SUV at 84 mph in a 50 mph zone and crossed over two sets of double yellow lines and smashed into a sedan driven by the victim.

Investigators said the woman had a .20 blood-alcohol level, which is more than two times California's legal limit. That reading was taken three hours after the accident.

The defendant has a 15-year-old and 6-month-old daughter who she will leave behind when she goes to jail, while members of the victims family told a judge during a sentencing hearing how much the teen will be missed because of the senseless killing.

Prosecutors had sought a second-degree murder conviction based on the fact that because the defendant had a semester of training as a paramedic, she would have been more aware of the dangers of drinking and driving, but that didn't fly.

DUI defense is different when an accident occurs. When a driver faces a DUI charge, an officer must have probable cause to make the stop and then must follow certain procedures in order to ensure the driver's rights are upheld throughout the process.

A DUI-related accident is different, however. Typically, when an accident occurs, the vehicles that are involved are still at the scene when an officer arrives. Typically, they speak with eye witnesses who try to explain what they saw as paramedics are tending to the drivers involved in the accident.

When someone has died, officers typically look first to the survivor as the person possibly responsible. They survey the scene, take measurements and make calculations to fit that conclusion. Sadly, they sometimes arrest a driver who may have a blood-alcohol limit above the legal limit even before testing reveals the other driver was intoxicated as well.

When a person has died, officers want to make an arrest. It satisfies their bosses and minimizes the amount of chatter from the public. But not every person arrested is guilty and it takes an experienced Orange County DUI Defense Attorney to see through the problems with the case to ensure justice.

Continue reading "Woman Gets 10-Year Prison Sentence in Corona DUI Accident" »

A passenger in a vehicle driven by a woman arrested on suspicion of DUI died recently in a local hospital, The Orange County Register reports.

This will likely lead to more serious charges against the driver, setting up the possibility that she be sentenced to years in prison, if she is convicted. DUI charges in Irvine and throughout California are serious and bring with them some of the toughest penalties on the books for misdemeanors in California. When an accident is involved, felony charges often result. That's why fighting them is critical and must be countered with an aggressive Orange County Criminal Defense Attorney.

According to the news story, an accident happened recently on the southbound I-5 freeway near Disneyland Drive in Anaheim. The male passenger died about four hours after the accident at UCI Medical Center.

The female driver was arrested on suspicion of felony driving under the influence and was being treated at the hospital with major injuries. Passengers in a car they hit were treated for minor injuries.

According to the California Highway Patrol, the driver of the pickup was driving in the third lane at a "high rate of speed" when the driver allegedly changed lanes to the four lane and struck the left rear corner of the car. The truck skidded off the main lanes and traveled out of control onto a steep dirk embankment. The truck struck a bridge and rotated several times before coming to rest in the first lane, the CHP report states.

According to the California Department of Motor Vehicles, there were more than 208,000 DUI arrests statewide in 2009, the most recent statistics available. But arrests were actually down from 215,000 in 2008.

The majority of the arrests for DUI were misdemeanor arrests -- 202,954. That leaves 5,577 felony DUI arrests. The agency reports that 41 percent of cases where a person dies in an accident, alcohol is involved. One percent of the cases involved drug use. Of the arrests, 132,709 arrests were first-time offenders.

While this is one of the least sophisticated crimes a person can commit -- and therefore easily the most common charge law enforcement officers make -- they also carry some of the steepest penalties for even a misdemeanor offense and first-time defendant.

Consider the penalties for a first-time offender charged with DUI:

-Up to six months in jail
-Up to a $1,000 fine
-A six-month driver's license suspension
-Completion of DUI school
-Possible installation of an ignition interlock device

While charged as a misdemeanor, it carries all these possible penalties.

That's why taking an aggressive approach to the charge is necessary. Facing this charge can result in job loss, loss of reputation in the community and cause problems at home. There is also a huge financial burden put on a person who is convicted.

Continue reading "Disneyland-area Fatal Accident Leads to DUI Arrest in Anaheim" »

The California Highway Patrol and local law enforcement throughout the state are planning a crackdown on seat belt violators during the Memorial Day weekend, The Los Angeles Times reports. And while officers will no doubt be looking for people violating seat belt laws, their main goal is likely to find people they believe have been driving under the influence in California.

According to the California Office of Traffic Safety, officers made 139 DUI arrests in Orange County, 144 DUI arrests in San Bernardino County and 663 DUI arrests in Los Angeles County during Memorial Day weekend 2010.

Orange County DUI attorneys understands that Memorial Day weekend is a time to relax, enjoy time with friends and family, and otherwise unwind. For some, that can include drinking alcohol. And while no one condones drinking and driving, many people who are arrested for the crime are innocent.

A DUI arrest based on a seat belt violation can be a complex situation. For one, you could be subjected to hundreds in fines. The Times says you could face a $142 ticket if an adult isn't wearing a seat belt and $445 if a child younger than 16 isn't buckled up. Nighttime drivers are less likely to wear seat belts, the report says, so law enforcement will be doing more patrols after dark.

But you could also face points on your driver's license. You could pick up a point if a child under 6 isn't strapped in. Your driver's license could also gain points for other types of infractions, which can increase insurance rates and lead to a suspension.

But that's just the beginning. If an officer suspects you have been drinking, you could be investigated for violations of various California DUI laws, which could send you to jail and subject you to criminal charges.

In order to be investigated for DUI, law enforcement will have to show you committed a traffic infraction. That could include not wearing a seat belt, weaving in and out of traffic, driving erratically or being involved in an accident. From there, officers will likely conduct field sobriety tests. They will likely ask you to submit to a breath test to determine your blood-alcohol level.

There are defenses to all these scenarios, but you must consult with an attorney immediately. For instance, officers may not be properly trained to conduct field sobriety tests or you may not be able to perform them because of a physical limitation. Breathalyzers are constantly being challenged because of defects. You should fight the charges, but trust the Criminal Defense Team.

Continue reading "California Highway Patrol To Seek Drunk Drivers This Memorial Day" »

Four Democratic senators recently wrote letters to Apple, Google and Research in Motion (RIM) asking that the companies remove DUI checkpoint locator apps that "allow drunk drivers to evade police checkpoints."

Instead of removing the app, Apple decided to approve a new one, according to The Orange County Register. The Democrat officials believe such apps are helping drunk drivers to avoid DUI checkpoints, which increases the risk of drunk driving accidents in California and elsewhere in the country.

The new app, called DUI Dodger, is available for iPhone users for $0.99. It was approved by Apple, as all apps sold in the company's App Store are, and became available for purchase last week.

Original software was created to alert drivers of red-light cameras and speed traps, but now the apps can help drivers to protect their Fourth Amendment rights by avoiding these checkpoints altogether. Our Orange County DUI defense lawyers urges you to contact an experienced attorney if you've been slapped with DUI charges because of one of these DUI checkpoints.

“With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers,” the letter from the Democratic senators stated. “In fact, it shouldn’t even be available.”

Creators of such apps, including "Phantom Alert", "Tipsy" and "Checkpointer" are defending their products by stating that the service is actually helping to prevent DUI accidents and arrests, not by encouraging drivers to avoid these checkpoints but by encouraging them to stay home instead.

Some of these applications have been available since 2009.They're offered on smartphones including the iPhone, the Blackberry and the Android. But it doesn't stop there. Drivers can also access the programs through various GPS systems including Garmin and TomTom.

“These applications are nothing more than a how-to guide in avoiding law enforcement and they provide drunk drivers with the tools they need to go undetected,” argued Senator Charles E. Schumer of New York.

While many government officials believe the apps are simply allowing for drunk drivers to travel our roads more easily, many argue that the locations of such DUI checkpoint can still be broadcast through cell phone call, text messages and good old word of mouth. These checkpoints must maintain strict compliance with the rules and regulations that permit their operation. When they don't, an experienced defense lawyer can seek a reduction or dismissal of the charges.

Continue reading "Cell Phone Apps Reveal Locations of Orange County DUI Checkpoints" »

According to Popeater.com, 'Melrose Place' actress Amy Locane-Bovenizer has been charged with vehicular homicide following a wine-fueled crash Sunday night in Montgomery, New Jersey. The website reports that the accident resulted in one woman being killed and a man in critical condition.

Apparently the actress best known for her role in “Melrose Place” was involved in a hit-and-run collision in Princeton, N.J. while driving her 2007 Chevy Tahoe. The crash sent the driver of the other vehicle to hospital and resulted in the death of the passenger whose side the actress crashed into. After apparently committing a hit and run by leaving the scene of the accident Locane-Bovenizer rear-ended a different vehicle and fled the scene of that accident as well. It was the driver of the second vehicle that followed her and called the police. According to the website the police at the scene smelled alcohol on the actresses breath and her eyes were bloodshot, both signs of intoxication. Locane-Bovenizer has been charged with second-degree vehicular homicide and third-degree assault by automobile. At her arraignment on Monday afternoon, Superior Court Judge Robert Reed set her bail at $50,000.

Our Orange County DUI attorneys bring a wealth of experience to every DUI case we handle. Those cases that involve an accident, injury and death obviously are the most serious DUI cases one can face. Our DUI with injury attorneys have handled many cases in which the allegation is that our client while under the influence has caused an injury to another person. In these cases we know full well that the district attorney must establish not only that our client was under the influence BUT also that he or she violated another law as well. See Penal Code Section 23153. This is a step that in many cases gives the prosecutors the most trouble. Call us today and consult with our Orange County DUI attorneys for a free consultation.

A former Anaheim police officer who has had three DUI convictions was recently sentenced to ten (10) months in county jail by a judge in Orange County's West Court located in Westminster Orange County. The former law enforcement official, Kevin Noel Schlueter, was also sentenced to five years of probation and is required to serve six months in a residential drug treatment facility as well. According to the prosecutors from the Orange County District Attorneys office the defendant under the influence of a cocktail of prescription drugs when he nearly crashed into a CHP cruiser in March of 2009, and smashed through a fence January of 2010 and crashed into parked cars in March of 2002. The drugs involved were hydrocodone, hydromorphone and carisoprodol.

Orange County DUI attorneys of Criminal Defense Team, have successfully handled many similar cases for our clients in Westminster court and other local courts. Our DUI attorneys know that in order to receive a favorable sentence the court and the DA must be presented with evidence about such topics as : defendants background, his/her efforts to quite the drugs/alcohol involved, defendants openness to treatment, etc.

We have also handled many cases in which our client has been accused of violation of Vehicle Code Section 23153, commonly referred to as DUI with injury. Many times if the injuries are serious, prosecutors can allege GBI enhancements as well. Whats important is that the DUI with injury attorneys try to establish that although the facts may be there for a simple DUI the prosecutors cannot establish violation of a separate statute which is required for DUI with injury conviction.

Call our office at 888-529-2188 for a free consult or learn more about what our Orange County DUI lawyers, and Newport Beach DUI attorneys can do for you.

According to the Orange County Register, Costa Mesa Police Department in Orange County arrested five people on suspicion of drunken driving a violation of Vehicle Code Section 23152, and issued eight citations during checkpoint stops. Orange County DUI attorneys of our office are quite familiar with cases involving checkpoints. The checkpoint in question was funded by a grant from the California office of the Traffic Safety, through National Highway Traffic Administration. The U.S. Supreme Court has previously ruled that DUI (sobriety) checkpoints are legal and not a violation of the drivers’ Fourth Amendment protections. In its ruling the Court acknowledged that DUI roadblocks violate a fundamental constitutional right; however, the court reasoned that they were justified because the state’s interest in reducing drunk driving and preventing death or injury was outweighed the individual’s right. An experienced Riverside DUI attorney can still help those accused of violating the law by making sure that there compliance with not only 4th amendment rights, but also with rules related to the testing of blood, urine or breath and DMV proceedings.

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.