Los Angeles County Criminal Lawyer Blog

A recent report found that the number of DUI arrests over the Thanksgiving holiday were up in the Los Angeles area, NBC LA has reported.

That comes as no surprise as our Century City DUI defense lawyers predicted before the holiday that the number of law enforcement officers on the roads would increase during that time period. In fact, we reported on the Los Angeles County Criminal Lawyer Blog that it was likely law enforcement would step up their patrols.

Being charged with DUI in Century City may seem commonplace to most people because it is the most commonly charged crime in the country. But it can be a life-changing experience for those who are arrested.

Unlike crimes such as burglary, larceny or drug crimes, DUI isn't a charge that people intend to commit. A person may have a few drinks at a family gathering over an afternoon, feel fine, get pulled over and have their life flipped upside down. Even not feeling intoxicated can lead to a DUI arrest if an officer believes you are driving while under the influence of alcohol or drugs.

Officers also frequently set up DUI checkpoints where they attempt to ensnare as many people as possible without having probable cause. While borderline unconstitutional, the U.S. Supreme Court has said police can do it because of the greater good.

But as a Beverly Hills police officer told city council recently, officers conduct these operations not for the arrests, but for the public relations campaign. They want to keep DUI in drivers' minds, which is why they dedicate thousands of dollars of state grant money, officer hours and other resources into doing them, even though they may only end up with a handful of arrests for DUI in Southern California and elswhere.

According to the NBC article, DUI arrests during the Thanksgiving holiday were up 10 percent in Los Angeles County compared to last year. However, statewide numbers were down 7 percent from 2010.

Between November 24 and November 26, 72 fewer people were arrested throughout California compared to the same time period last year. And there were no reports of fewer officers being involved in the effort. State and local law enforcement agencies were out on patrol.

These are arrests, not convictions. And while police like to boast about the number of people arrested, this doesn't mean every driver charged is guilty. In fact, it's possible that a majority of these people won't be convicted of DUI.

Through dropped charges, plea deals and not-guilty verdicts at trial, many of these drivers could end up keeping a DUI charge off their criminal history records. An aggressive approach to DUI defense is the only way to go. The penalties -- possible jail time, probation, fines and fees, alcohol education classes and other sanctions -- are too high to ignore.

And that doesn't include the possible loss of job, damage to reputation in the community and other non court-related sanctions that can affect a person's life. Lawmakers have made the penalties stiff in order to show their constituents they are tough on crime. But these tough penalties can also hurt the very constituents they are trying to impress.

The average person didn't intend to commit a DUI and may have felt fine to drive. But they can be tossed into a whirlwind after being introduced to the criminal justice system. If this is your situation, call today.

Continue reading "Thanksgiving DUI In Los Angeles Up, Reports Say" »

Beverly Hills police recently told its city council that the real purpose of holding an average of seven DUI checkpoints isn't to actually arrest people for DUI in Century City and the surrounding area. Instead, DUI checkpoints are held to increase awareness against drinking and driving.

While information of DUI checkpoint operations is sometimes hidden from the public, Century City DUI defense lawyers find it interesting that police departments statewide and nationwide use these expensive operations with few expectations of actually arresting people they stop.

As the Los Angeles County Criminal Lawyer Blog recently reported, three vehicles were impounded and another was impounded during a DUI checkpoint in Ventura.

DUI checkpoints are typically set up following events that involve alcohol or in areas of town where there are many bars or the likelihood that people will be drinking and driving. They are usually conducted on weekend nights, when more people typically are out and about.

Beverly Hills police told its council that the real purpose in holding checkpoints isn't to make arrests, but simply to "bring DUI driving to the forefront of people's thought process," according to a police department lieutenant.

Some facts provided by police:

• 25 to 30 officers staff these checkpoint operations


• The department holds an average of 7 per year


• They cost $10,000 each to operate, with money coming from state grants


• Locations are chosen based on past DUI arrest frequency


• Checkpoints average 2,223 vehicles, while only 1 in 5 -- about 480 -- are actually stopped and screened


• Three field sobriety tests are conducted, on average, at a checkpoint


• One driver gets arrested for DUI, 3.3 for driving without a license, 2.5 for driving with a suspended license and 0.3 for drug offenses, on average

That is a staggering amount of police manpower, time and money to spend on simply intimidating drivers. Perhaps some creative thought should go into a different type of public relations campaign if officers simply want to sear something into a person's mind.

For the people who get stopped and screened, they're no doubt terrified, even if they've done nothing wrong. Even a person who has had one drink could end up with an arrest if officers determine that he or she has been drinking and driving, even if under the state's .08 limit. Yet others who go unscreened -- the process for selecting who gets screened and who doesn't is unclear -- may get away with it.

It's a broken system, but officers don't seem concerned to fix it. Instead, they appear intent on taking state money -- from a cash-strapped, state-government budget at that -- and doing checkpoints once every other month. While they won't end up getting many arrests, at least they'll be able to scare the people they're sworn to protect in the process.

Continue reading "Beverly Hills Police Reveal DUI Checkpoints More Flash Than Substance" »

The National Highway Traffic Safety Administration is urging authorities to crackdown on motorists who drive under the influence of drugs, after what the government says is a sharp rise in serious and fatal crashes attributed to such cases.

Those facing DUI drug charges in Southern California should immediately contact a DUI defense lawyer in Ventura, Pasadena or the surrounding area. Such charges are frequently defensible. Authorities can charge you with just about anything -- it's what you are convicted of that matters.

DUI charges in Los Angeles can result in jail time, the loss of your driver's license, job loss, probation, mandatory treatment, and thousands of dollars in fines, court costs and increased insurance premiums. State statistics show about 1 in 4 of those charged with drunk driving in California are not convicted.

There are many ways to attack a DUI charge, including probable cause for the stop, the proper administration of field sobriety tests or breathalyzer examinations, and the training and experience of the officers involved. Driving under the influence charges involving drugs are even harder for authorities to prove because of the length of time a drug may remain in a defendant's system -- for instance, marijuana can remain behind for as long as a month after consumption.

The government reports 1,000 instructors and 6,000 officers in 46 states have graduated from the government's Drug Evaluation and Classification Program. The program allegedly trains an officer to determine whether there is probable cause to suspect a motorist is under the influence of drugs. This is nothing more than the subjective opinion of an officer as to a defendant's guilt. Since it is the officer's job to gather evidence of your guilt, such opinions are as worthless as the results of field sobriety tests (surprise, you fail!) As such, they should always be vigorously contested in a court of law.

Medical marijuana patients and those who are on prescription medication may also suffer undue consequences as a result of questionable arrests by overzealous law enforcement officers. Government data found, of those tested, 1 in 5 drivers killed in car accidents in 2009 had drugs in their system. Though the government is quick to acknowledge that the presence of drugs does not mean a driver was under the influence at the time of the crash.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today's report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

While a strong correlation exists between BAC levels and crash impairment, the same correlation has not been proven in cases in which a driver tests positive for drugs, Strickland acknowledged. As we have already stated, the effects of a drug may have worn off days or even weeks before a driver is involved in an accident.

Continue reading "DUI/Drug cases require aggressive defense in Ventura, Encino " »