Los Angeles County Criminal Lawyer Blog

St. Patrick's Day is a time for celebration and festivities that often include alcohol; unfortunately, many make the mistake of driving under the influence of alcohol (DUI) during this holiday. Over the years, St. Patrick's Day has created a reputation as a time when drinking and driving is much more common and, as such, DUI police enforcement skyrockets during the holiday weekend.

With St. Patrick's Day on March 17, the National Highway Traffic Safety Administration (NHTSA) wants Southern California to be aware of the risks of the holiday and what they can do to avoid a DUI arrest. The best defense against being arrested for a DUI is to not drive drunk at all. Before going to a party, make plans for how you will get home safely without driving drunk. Make sure that this decision is made prior to drinking as it will be harder to make clear decisions after drinking any alcohol. If you plan to drink, secure a safe ride home with a taxi service, public transportation, local sober ride program, or a designated sober driver. Additionally, leaving your car keys at home will prevent you from making the choice to drive drunk.

California Vehicle Code Section 23152 states that it is illegal to drive with a blood alcohol content of 0.08 percent or greater. The penalties for being convicted under California DUI law vary depending on how many times a person has been convicted of breaking the law, with fines and fees ranging up to $3,500, jail time reaching a maximum of one year upon a second offense, license suspension for up to three years on a third offense, and DUI school and the installation of an ignition interlock device possible on the first offense.

Make sure to drink responsibly and not drive drunk this St. Patrick's Day, or you may face serious criminal charges. Unfortunately, with so many officers and checkpoints looking for drunk drivers this holiday, the possibility of a wrongful arrest becomes even more likely. Daniel E. Kann, Ventura drunk driving defense attorney at the Law Offices of Daniel E. Kann, has the skills to protect you from severe penalties for your DUI. For more information, call us today at (805) 290-4932.

While Southern California drivers don't know what it's like to drive without major traffic jams, this Thanksgiving holiday week will be even worse.

The Los Angeles Times reports that the Automobile Club of Southern California predicted recently that 3.3 million drivers -- a 4.1 percent increase from last year -- will be on the go visiting family and friends. that includes 2.8 million drivers and another 400,000 via air or train. Nationally, 42.5 million people are expected to travel for Thanksgiving, an increase of a similar rate compared to last year.

What this also means is that more police officers, sheriff's deputies and California Highway Patrol officers will be out on the roads, as well. And that means a likely increase in Los Angeles DUI arrests.

Whenever there are major holidays, officers take the opportunity to step up patrols and seek to make as many arrests and ticket as many people as possible. When stuck in bumper-to-bumper traffic, accidents are prone to happen. And given the time people have off from work and the possibility they will be drinking with their meal, officers tend to consider DUI more than at other times of the year.

Our Los Angeles DUI defense lawyers urge everyone to drive safely this Thanksgiving holiday. It is about spending time with family, relaxing, and eating good food, not being locked up and watching your future take a major hit. if you are arrested and charged with DUI or another crime this holiday season, call one of our offices immediately.

The California Highway Patrol has already announced it will have additional manpower out on the streets, conducting a "Click it or Ticket" campaign from Wednesday to Sunday. But, make no mistake, officers will be looking for drunk drivers, as well.

Last year, patrol officers made 1,546 arrests for DUI during that four-day period. That was a six percent spike from 2009, the agency reports.

Even a first offense in California for DUI can lead to major penalties that are sure to ruin anyone's holiday. A driver convicted of DUI can face up to six months in jail, a driver's license suspension of six months, DUI school, a $1,000 fine and possible ignition interlock device installation and monthly payments.

These penalties can be more severe than someone who commits a pickpocketing or another planned out crime. DUI is typically a crime people don't wake up intending to commit. It is largely accidental, but treated harshly.

If you face this serious charge, call an experienced Los Angeles DUI defense lawyer right away. Your rights must be upheld at every stage of the proceedings. To ensure you get a fair trial, you should have experienced legal counsel to aggressively defend you from these charges. Enjoy your holiday and do so without picking up a charge. If you are arrested, we are here to help.

Continue reading "Los Angeles Expecting Major Traffic, DUI Enforcement For Thanksgiving Holiday" »

Halloween is among the most popular holidays for parties each year. While many fill their bags with candy, others fill themselves with alcoholic spirits. The mix of adult partygoers and pedestrian trick or treaters makes for an often dangerous dynamic on the roads. For that reason, the Los Angeles Police Department (LAPD) is ramping up enforcement efforts against drunk and impaired drivers this Halloween weekend.

The LAPD confirmed locations for two major DUI search zones, as well as what they call a "DUI saturation patrol". On Friday night, the check point will be held at Ventura Boulevard and Columbus Avenue in Sherman Oaks from 8:00 pm to 2:00 am. On Saturday during the same time, drivers will be checked at Hollywood Boulevard and Gower Street in Hollywood. And on Sunday (October 30), police will perform a saturated patrol of the Harbor Area, including Wilmington and San Pedro, from 2:00 pm to 10:00 pm.

The LAPD also offered the following advice to partygoers for Halloween:

• Use a designated driver. Arrange a safe ride home before you go out.


• If your designated driver becomes inebriated, call a sober friend or family member for a lift, take a taxi, or hop on public transportation.


• Don't allow friends to drive drunk. Confiscate anyone's car key who shows signs of intoxication.

Remember: there are likely to be more check points than these and police are not obligated to disclose all their locations beforehand. If you're facing DUI charges in the Los Angeles area, contact an experienced Los Angeles DUI defense attorney at the Law Office of Daniel Kann for experienced and aggressive representation. Call (310) 593-2435 for a free case review.

Source: http://laist.com/2010/10/29/lapd_to_hold_dui_checkpoints_this_h.php; http://www.dailybreeze.com/news/ci_19196458

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" »

It's the last thing anyone ever expects or wants to go through - being pulled over by a police officer. Law enforcement in California was on high alert from August 19 through September 5 for the National Highway Traffic Safety Administration's (NHTSA's) drunk driving campaign, "Drive Sober or Get Pulled Over."

According to a recent article on redondobeach.patch.com, the 2011 Labor Day Crackdown consisted of high-visibility enforcement and public awareness messaging in regard to drunk driving. Extra DUI checkpoints and saturation patrols spanned about 98 percent of the state's population. The article states that seven people were arrested for driving under the influence during the Labor Day weekend in the Redondo Beach area. In addition, between 6 p.m. on Friday, September 2 and 6 a.m. on Monday, September 5, the California Highway Patrol (CHP) arrested 305 people in Los Angeles County.

There were four reported traffic fatalities in Los Angeles County this year, an increase from one death that occurred during the Labor Day weekend last year. In California as a whole, this year there were reportedly 1,399 arrests for DUI and 16 fatalities over the Labor Day weekend. Although these statistics are significant, it is possible that even more arrests and accidents took place.

Continue reading "Hundreds of DUI Arrests throughout Los Angeles Over Labor Day Weekend" »

According to the Ventura County Star, three vehicles were impounded and one person arrested during a recent sobriety checkpoint in Ventura.

Sobriety checkpoints have been controversial ever since police agencies decided to begin randomly stopping vehicles driven by motorists who have done no wrong. It's almost like walking down the street, minding your own business only to have police officers walk up and begin searching you to see if you have committed a crime.

Unfortunately, the U.S. Supreme Court in 1990 ruled that sobriety checkpoints were legal after the Michigan Supreme Court found they violated the Fourth Amendment rights of U.S. citizens. The nation's high court, in Michigan Department of State Police v. Sitz ruled 6-3 that the potential to save lives from DUI accidents outweighed the person's individual rights.

DUI defense in Los Angeles is a complex area of law because there are many aspects of a case. It starts with the initial stop and why police had probable cause to pull the vehicle to the side of the road. It continues with challenging field sobriety tests, breath tests, blood tests and the police officer's interactions with the driver.

In sobriety checkpoints, the same defense strategies largely apply. The initial stop is part of a larger operation and isn't confined to a single traffic stop. However, officers will likely use the same tactics in conducting a DUI investigation. And sobriety checkpoints often provide even more ways to challenge an arrest because of the strict procedures police must follow when conducting such roadblocks.

When they approach the driver, the law enforcement officer will make observations about their eyes, breath and general interaction. Once they determine, from that little interaction, that the driver may be impaired, that's when they usually begin a full-scale investigation.

Usually, agencies will use a highly traveled road to conduct these checkpoints in order to ensnare as many motorists as possible. In Ventura recently, according to the Ventura County Star, officers conducted 16 field sobriety tests from late Friday to early Saturday. They issued 23 citations and arrested one person. Three vehicles were also impounded.

While deemed to be lawful, field sobriety checkpoint arrests must be aggressively challenged, just like any other criminal arrest in Ventura. That means challenging the state's eye witnesses, including police officers, and the evidence they intend to use at trial.

A DUI arrest is very common, yet can be extremely frightening. The consequences are severe and the stigma can be long-lasting. Fighting the charge may be the defendant's only way to avoid these sanctions.

Continue reading "Arrests, Impoundments Made After Ventura DUI Checkpoint" »

If you are a San Bernardino resident, you may have heard about the recent police drunk driving and driver's license checkpoint that resulted in 9 arrests, 21 citations and 18 vehicle impounds last week. The Sun reports that out of the nine people arrested, it was determined that six were under the influence of alcohol or drugs. Two individuals were arrested because warrants were out for their arrest and one was arrested for a drug-related charge. Funding for the checkpoint was provided by a California Office of Traffic Safety grant through the National Highway Traffic Safety Administration (NHTSA).

This recent DUI checkpoint, or "sobriety checkpoint" in California, serves as a reminder to motorists that law enforcement is always on the lookout for drivers who may be driving while under the influence of alcohol or drugs. It is never a good idea to drive while drunk or otherwise intoxicated. If you're going to go out drinking, take a cab or plan for one of your friends to be the designated, sober driver.

Whether a person is pulled over by a police officer or stopped at a DUI checkpoint, it is possible that they may have to undergo field sobriety tests or even provide a breath sample.

Although an arrest may not be necessary in order for law enforcement to have you submit a blood sample to detect blood alcohol content (BAC), it is important for drivers to be fully aware of their legal rights in case they ever find themselves in such an unfortunate situation.

A lot of people who are arrested for DUI think that's that. But you have the right to fight back or help your loved one find the resources they need to get their drunk driving charges reduced or dismissed. To find out more, call Daniel Kann, Southern California drunk driving lawyer at 888-744-7730 for a free consultation. He has years of experiencing obtaining successful results for those charged with DUI.

Faulty breathalyzers used in hundreds of San Jose police DUI arrests may lead to drivers walking free even if they were drunk behind the wheel, the Mercury News reports.

Los Angeles DUI Defense Lawyers understands that law enforcement throughout Southern California continues to use breathalyzers in an effort to cut down on drunken drivers. But these devices have proven to be faulty and can be challenged in court.

Under California Law, a drunken driving conviction can impact your ability to drive, result in serious fines and jail time, often carries with it probation and other stipulations that can lead to additional consequences if violated, and can even impact your ability to remain employed or hold certain types of jobs in the future.

Breathalyzers are one of the methods used by police to determine whether to arrest a driver accused of driving while intoxicated. In the San Jose breathalyzer problem, the Alco-Sensor V breathalyzer sometimes showed incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube.

But the review in San Jose originated after crime lab officials, prosecutors and police in Ventura County began reviewing hundreds of similar cases in recent weeks.

The Santa Clara County District Attorney's Office announced it would review the 865 DUI cases where the breathalyzers were used to determine how many it would drop because of problems with the devices. The devices are also used by Palo Alto police, though it's unclear how many DUI defendants may be affected there.

It's possible that cases in which a DUI defendant blows into the device but later refuses to give a blood test are now up in the air because authorities would lose their key piece of evidence. And there are likely cases where already-convicted defendants have served their punishment.

The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes. Repeat offenders can serve years in prison, depending on the person's criminal history and severity of the charges.

When police pull over a suspected drunken driver, they put the motorist through a list of tests, such as walking a straight line or standing on one foot and they look to see whether a driver's head is bobbing or eyes are bloodshot and whether they smell like alcohol. At the end, drivers usually blow into a handheld breathalyzer. Police believe the bevy of tests may still save many of the DUI cases. As a motorist, it is up to you whether or not you participate in such testing. Failure to submit to testing will result in the automatic suspension of your driver's license but you will also be denying the state one of the key pieces of evidence it will use against you in court.

Continue reading "Faulty Breathalyzers Can Be Challenged in Los Angeles DUI Cases" »

Government officials aren't too happy with apps that alert drivers about DUI checkpoints in Los Angeles and elsewhere.

While such applications have been around for a while, government officials are fighting back. Four Democrats recently sent letters to Google, Apple and Research in Motion (RIM) asking that the companies remove numerous unnamed apps that identify police D.U.I.checkpoint locations and send warnings to drivers, according to The New York Times.

It is critical to contact a Ventura DUI defense lawyer if you're facing charges of drunk driving because of a DUI checkpoint. There's no doubt that such roadblocks are a violation of your Fourth Amendment rights against unreasonable search and seizure. Unfortunately, the court's haven't agreed. However, in a nod toward those rights, courts have placed strict limitations and rules for the operation of these checkpoints.

Applications warning drivers about locations of DUI checkpoints have been around for quite some time now. They were originally created as a database to record red-light cameras and speed traps. The software is available for iPhones, Blackberrys and the Android. Don't have a smart phone? Don't worry. You can access the applications through your portable navigation devices, like your TomTom or Garmin; they offer the service to users to help locate DUI checkpoints in Los Angeles, Ventura, Encino and elsewhere in the United States.

In effort to dismantle the programs, four Democratic senators sent letters to the hosting companies demanding the information be kept from drivers and the apps be shut down. The senators claim the information provided on these programs allows intoxicated drivers to avoid police sobriety checkpoints, "putting innocent families and children at risk."

"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 Schumer, Democratic senator of New York.

Creators of the warning apps argue they're helping to make drivers think twice before getting behind the wheel while intoxicated. They say the knowledge of checkpoint locations should encourage drivers to find alternative ways home. After all, authorities have claimed for years that checkpoints are a deterrent.

Continue reading "Feds Decry Cell Phone Apps that Warn of Sobriety Checkpoints in Los Angeles" »