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Recently in DUI - Sobriety Checkpoints Category
With cities, states and counties throughout the country facing difficult economic situations, they are looking for new and different ways to raise revenue for the government. One source of revenue that states is a DUI Checkpoint where police stop cars and random (allegedly) in order to check and see if the driver has been drinking. However, in many Los Angeles DUI Checkpoints, the number of drivers pulled over often contains an incredibly tiny number of drunk drivers.
For example, in San Luis Obispo, police officers said they arrested five people during a recent DUI Checkpoint. However, most statistics suggest that out of one hundred cars pulled over, only a small number of those cars, possibly even as low as 1% - 5% will be drunk drivers. With the numbers so low, one has to wonder why the police would continue to utilize this tactic. Additionally, there are a number of guidelines police must abide by when performing a Los Angeles DUI Checkpoint.
In Fontana this weekend, the police will be conducting a checkpoint. Police will be stopping cars to search for signs of inebriation and a driver's license. The driver's license angle is new, as it allows police to write tickets and drive up revenue for local governments. In order for a Los Angeles DUI Checkpoint to be legitimate, police must alert the public before hand of the impending stop and must set themselves up in a location that has access to an alternate route. In fact, in Fontana, the police are actually asking the public to inform on their fellow citizens by calling 911 if they think they see a motorist they suspect of driving under the influence.
Los Angeles DUI Checkpoints can lead to serious criminal charges, and require the skill of a knowledgeable Los Angeles DUI Defense Attorney in order to provide a solid legal defense. The lawyer must understand the law, police tactics, field sobriety tests, blood alcohol science, breath test flaws and other detailed areas of the law. At Kestenbaum, Eisner & Gorin, LLP, our Los Angeles DUI Defense Attorneys understand the law and they have over 50 combined years of experience with DUI trials. Our lawyers have worked in various Los Angeles District Attorneys' Offices, giving them a unique perspective into how the criminal justice system works. They are also knowledgeable when it comes to the DMV process in relation to DUI charges.
If you or someone you love has been charged with driving under the influence due to a Los Angeles DUI Checkpoint, contact the Los Angeles DUI Defense Attorneys at Kestenbaum Eisner & Gorin by calling 877-781-1570 today. Our skilled legal professionals will work tirelessly to defend your rights, your future and your freedom.
Studio City, one of the nicer areas in Los Angeles, will be conducting a San Fernando DUI Sobriety Checkpoint on Monday, June 7, 2010. This is targeted to allegedly cut down on hit and runs and drunk driving, but recent studies show that is not always the case. According to the Los Angeles Police Department, there have been 89 DUI incidents and 504 hit and run traffic collisions in the North Hollywood area since January 1, 2010. According to many studies of San Fernando DUI Sobriety Checkpoints, as well as checkpoints in other areas, a large majority of "crimes" found are minor driver's license problems.
The San Fernando DUI Sobriety Checkpoint will occur on Laurel Canyon Blvd. between Carpenter Avenue and Venture Blvd. between 8:00 PM and 3:00 AM. Funding for the checkpoint came from the California Office of Traffic Safety via the National Highway Traffic Safety Administration.
Any San Fernando DUI Sobriety Checkpoint will include a few different types of tests to see if you are guilty of drunk driving. The most effective at measuring blood alcohol content is a blood test, which must be administered at the station. At the DUI Stop, you can get a breath test (AKA breathalyzer) or a field sobriety test. The following are reasons why police may administer a field sobriety test:
- Slurred speech
- Bloodshot eyes
- The odor of alcohol on the driver's breath or in the car
- Open containers of alcohol in the vehicle.
Officers need "cause" in order to perform a search or a test, and something as minor as poor coordination can lead to a field sobriety test. However, people with medical conditions have been arrested for drunk driving if those medical conditions caused them to seemed impaired as if they were drunk. With a skilled Los Angeles DUI Defense Attorney working on your behalf, no stone will be left unturned in your case. Every element of the San Fernando DUI Sobriety Checkpoint will be examined, as will the officer's conduct, every event leading up to the search and so forth.
If you or someone you loved has been charged with drunk driving at a San Fernando DUI Checkpoint, contact the Los Angeles DUI Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today. Our skilled team will provide a top notch defense, fighting to make sure you face no jail time, no fines and no loss of driving privileges. Contact us today at 877-781-1570 for your initial consultation.
This weekend, police will be setting up a Los Angeles Sobriety Checkpoint. From Friday night until early Saturday morning (most likely) police will stop motorists in La Puente as well as two other locations. Since March, police have conducted six Los Angeles Sobriety Checkpoints in La Puente. In that time 128 vehicles have been impounded and seven arrests have occurred due to Drunk Driving at those stops.
Any Los Angeles Sobriety Checkpoint has to abide by certain procedures, or else a skilled DUI Defense Attorney can quickly get any charges dropped in court. This is why it is so important to contact a skilled DUI lawyer if you have been arrested and/or charged with drunk driving at such a stop. For example, a Los Angeles Sobriety Checkpoint must abide by the following guidelines if they are to be considered valid and legal:
- The public must be given notice
- There must be a turnaround area prior to the checkpoint
- The searches of each car must be random and impartial
- Safety conditions must be monitored at the checkpoint
- And many others.
A skilled DUI Defense Attorney will thoroughly analyze and Los Angeles Sobriety Checkpoint to see if his client can avoid prosecution for charges brought by an illegal search. These stops (or DUI roadblocks) are set up in order to regulate the number of drunk drivers in California. However, many studies have shown that the police wind up impounding cars and citing people for expired driver's licenses and not arresting suspected drunk drivers. The states and cities are using Los Angeles Sobriety Checkpoints more for their ability to bring in revenue than for their ability to prevent drunk driving.
Kestenbaum Eisner & Gorin, LLP is one of the premier Los Angeles DUI Defense Attorney firms in the city. If you or someone you love has been charged with, accused of or arrested for drunk driving due to a Los Angeles Sobriety Checkpoint stop, contact our drunk driving lawyers at 877-781-1570 immediately. We have the experience, knowledge and skill to provide an excellent legal defense.
Whenever a Los Angeles DUI Checkpoint takes place, police state they are searching for a drunk driving crime. However, often times there are many other types of crimes exposed for these investigations.
According to statistics, roughly 12,000 people die in accidents caused by drunk drivers every year. Los Angeles DUI Checkpoints are often used to attempt to reduce that number, but rarely are actual drunk drivers caught. Police are not just looking for drunk drivers, they are looking for unlicensed drivers and other traffic crimes. On one night at a California stop, 77 unlicensed drivers were cited along with zero drunk drivers. Los Angeles DUI Checkpoints have become revenue generators as experts have found large disparities in the number of DUI arrests versus the number of Sobriety Checkpoints. In fact, in one study, it was found that an average of 60 vehicles were seized at a Los Angeles DUI Checkpoint for every DUI arrest. Fines for holding a car can reach in the thousands of dollars.
If you or someone you love has been arrested at a Los Angeles DUI Checkpoint, you need a qualified Los Angeles Criminal Defense Attorney who understands the law, the police and the courts. Our firm's former DUI prosecutors can advise and counsel you on defense strategies for any drunk driving case in Los Angeles.
At any Los Angeles DUI Checkpoint, police must do the following:
- The public must be given notice of the checkpoint
- There must be an alternative route to the checkpoint
- There must be a random, impartial formula for stopping cars
- Safety conditions must be monitored
An experienced Los Angeles DUI Defense Attorney will understand this and be able to use the checkpoint procedures to your advantage.
The Los Angeles DUI Defense Attorneys at Kestenbaum Eisner & Gorin, LLP can provide high quality legal representation for people arrested for, charged with or accused of a drunk driving crime. Our experience with Los Angeles DUI Checkpoints is unparalleled, and our knowledge of the law will help you understand every element you are facing. If you or someone you love has been charged, contact us at 877-781-1570.
Los Angeles Sobriety Checkpoints are a way for government and law enforcement officials to act as if they are "clamping down" on drunk drivers. However, a recent report proves that these Los Angeles Sobriety Checkpoints do little more than annoy drivers who are obeying the law.
On St. Patrick's Day, police seized 176 vehicles and arrested six drivers at five Los Angeles Sobriety Checkpoints. However, very few of these drivers had been drinking at all. Most of the impounded cars and arrests stemmed from invalid driver's licenses and not alcohol or drug related violations. Some attorneys at the American Civil Liberties Union (ACLU) actually argue that impounding cars because of invalid driver's licenses is a violation of a person's Fourth Amendment rights. These Los Angeles Sobriety Checkpoints are being used by police and sheriffs for far more than searching for drunk drivers, but for searching for illegal aliens. In 2005, a federal appellate court ruled that police cannot impound cars solely because the driver is unlicensed.
At each of the five Los Angeles Sobriety Checkpoint areas, few (if any) were arrested for drunk driving or other DUI related crimes. Instead, the authorities impounded dozens of cards, each of which bring in much needed revenue to the cities where the cars are impounded. It costs between $100 and $200 to get a car out of the impound, and these Los Angels Sobriety Checkpoint areas are turning into opportunities for local municipalities to make more money off of average citizens.
Los Angeles DUI Defense Attorneys represent people who have been arrested, often unjustly, in a Los Angeles Sobriety Checkpoint. The police must obey certain rules when pulling people over; rules that involve specific places they can set up their checkpoints as well as the need to publicize the checkpoints beforehand. A skilled Los Angeles DUI Defense Attorney will know to thoroughly analyze these procedures to see if the case against a client can be easily dismissed due to law enforcement misconduct.
Our DUI Lawyers specialize in an aggressive courtroom defense to DUI charges, including challenging the constitutionality of sobriety checkpoints. Kestenbaum, Eisner & Gorin, LLP is a Southern California law firm whose DUI attorneys have over 50 years of collective courtroom experience. We have worked as both prosecutors and defense attorneys, giving us a unique advantage over many other lawyers. Call us today at 877-781-1570.
As was the case during the 2009 holiday season, Los Angeles DUI checkpoints will become more prevalent during three day weekends this year throughout Southern California. An increase in Los Angeles DUI checkpoints can put many people at a disadvantage if they don't know the legality of the checkpoints and the constitutionality of the stops.
According to Redlands police, drunken drivers will be targeted this President's Day weekend with a Los Angeles DUI checkpoint that is design to get drunk drivers off the streets.
Staying within the boundaries of the law, the Redlands police have announced the location of the Los Angeles DUI checkpoint so that drivers know where they might be randomly stopped. Many drivers, however, are not aware that the location of Los Angeles DUI checkpoints must be announced for them to be considered constitutional.
At the Redlands checkpoint, like many others, drivers found to be under the influence of alcohol or drugs will be arrested. Unlicensed drivers are apt to be ticketed and have their vehicles impounded.
The planned checkpoint in Redlands is just one of the many Los Angeles DUI checkpoints that will be popping up throughout Southern California this year. Although checkpoints are set up throughout the year, three day weekends are particular targets as law enforcement attempts to combat drunk driving on Southern California streets.
Here are some Los Angeles DUI checkpoint requirements that drivers should keep in mind if they find themselves charged with a DUI after going through a checkpoint.
By law, Los Angeles DUI checkpoints can only be considered constitutional if they meet certain requirements such as; the public must be given notice of the checkpoint, there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, there must be a random, impartial formula for stopping cars, the length and nature of the detention must not be obtrusive, and safety conditions must be monitored at the checkpoint.
If you have been arrested and charged with a DUI, you need an experienced Los Angeles DUI defense attorney team that will work on your behalf to ensure that your rights were not violated at a DUI checkpoint stop and arrest. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will construct a defense strategy that will ensures that your rights are not violated. If you feel that you were unlawfully stopped and arrested at a DUI checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 immediately. Be sure to visit our site at www.laduidefenseteam.com for more information on DUI checkpoints.
The holiday season is a time where celebrations occur throughout the country and the perfect time for law enforcement agencies to crack down on drunk drivers. Just in time for the holiday season, state traffic safety officials are saying that they are tightening their grip on drunk drivers, even declaring 2010 as "the year of the checkpoint".
Law enforcement officials throughout the state of California have begun rolling out checkpoints in an effort to reduce alcohol related deaths and injuries. Over 400 local agencies, including the California Highway Patrol, have begun taking part in sobriety checkpoints, multi-agency task force operations and saturation patrol to reduce the number of drunk drivers on the road this holiday season.
Although effective Los Angeles sobriety checkpoints have shown to reduce the number of alcohol related deaths and injuries, there are plenty of times where checkpoints and associated stops are not legally managed. In order for a Los Angeles sobriety checkpoint to be constitutional, there must be several factors that must be met, these include; the public must be given notice of the checkpoint, there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, there must be a random, impartial formula for stopping cars, the length and nature of the detention must not be obtrusive, as well as others factors.
A recent article on Los Angeles sobriety checkpoints claims that Sgt. Ken Savano of the Petaluma Police Department said that sobriety checkpoints during the holiday crackdown would not be disclosed to the public. This would be an unconstitutional practice that can be used as a defense strategy against the prosecution at a DUI trial because a sobriety checkpoint must be disclosed to the public to be considered constitutional.
If you have been arrested or charged with a DUI stemming from a Los Angeles sobriety checkpoint, you need an experienced Los Angeles DUI defense team to fight for your constitutional rights in court. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP have over 50 years of courtroom experience and can devise a defense strategy to prove that the DUI checkpoint stop and arrest was unconstitutional. Contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 or visit our site at www.laduidefenseteam.com for more information regarding DUI arrests and checkpoints.
Beginning Friday, December 18, 2009, DUI checkpoints throughout Los Angeles as well as the state of California are being planned and put into place as part of a campaign to reduce the number of alcohol related deaths and injuries.
The Santa Monica Police Department is one of the over 400 law enforcement agencies that will conduct a DUI checkpoint this holiday season and beyond. The scheduled DUI checkpoint will be put into place somewhere in the 300 block of Pico Boulevard in Santa Monica on Friday, December 18, 2009.
By law, DUI checkpoints can only be considered constitutional if they meet certain requirements such as the requirements that the public must be given notice of the checkpoint, that there must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around without being pulled over based on their decision, that there must be a random, impartial formula for stopping cars, that the length and nature of the detention must not be obtrusive, and that safety conditions must be monitored at the checkpoint.
On Friday, November 20 a DUI Checkpoint was conducted on Lincoln Boulevard, between Pico Boulevard and Michigan Avenue. During that evening, police reports state that 1,667 vehicles entered the checkpoint, 364 vehicles were checked, six vehicles were impounded for unlicensed or suspended driver's licenses, and six misdemeanor citations of various kinds were issued. Two were citations for possession of marijuana and four were traffic related citations. Throughout this enforcement, there were no DUI citations given.
DUI checkpoints have been controversial for years and the legality of their use has been questioned throughout that time as well. DUI checkpoints must meet the above mentioned requirements for an arrest and DUI charge to be valid. If you have been arrested and charged with a DUI, you need an experienced Los Angeles DUI defense team that will work on your behalf to ensure that your rights were not violated at a DUI checkpoint stop and arrest. The Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of courtroom experience and will devise a defense strategy that can have your DUI case dropped or significantly decrease the severity of associated consequences. If you feel that you were unlawfully stopped and arrested at a DUI checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin, LLP at 1-877-781-1570 immediately. Be sure to visit our site at www.laduidefenseteam.com for more information on DUI checkpoints.
During the days of Friday, December 11th and Saturday, December 12th there will be a Los Angeles sobriety checkpoint in both Carson and Rancho Palos Verdes. In Carson, Sheriff's deputies will conduct a driver's license and Los Angeles sobriety checkpoint from 7:00 pm Friday night until 3:00 am Saturday morning at a site yet to be determined. In Rancho Palos Verdia, Deputies will be conducting a Los Angeles sobriety checkpoint on Saturday at Western Avenenue and Redondela Drive as well as on Thursday at Hawthorne Boulevard at Granvia Altamira. Both of those Los Angelels sobriety checkpoints will begin at 7:00 pm.
A Los Angeles sobriety checkpoint must abide by certain rules, otherwise they are illegal. At Kestenbaum, Eisner & Gorin, our Southern California DUI Defense Lawyers are very familiar with how field sobriety testing is used by Los Angeles law enforcement officers to determine whether a person is driving under the influence of alcohol and/or drugs. For example, the police must post any future Los Angeles sobriety checkpionts in advance and do them in a location that has an alternative route.
The Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin have actually litigated countless DUI cases successfully which involved field sobriety tests. Los Angeles sobriety checkpoints can be highly controversial, and our skilled Los Angeles attorney team will know how to exploit every issue to your advantage.
If you or someone you love has been arrested for DUI at a Los Angeles sobriety checkpoint, contact the Los Angeles DUI defense team at Kestenbaum, Eisner & Gorin today at 818-781-1570. Our DUI lawyers understand that field sobriety tests are often inaccurate. Some people may not be able to pass a test even when entirely sober, due to a physical condition, the condition of the road's surface, the type of shoes being worn, and/or simply a lack of coordination or balance. Our skilled attorneys will use any instance of fault or inaccuracy in your DUI arrest to defend your rights and help to keep you out of jail.
Reality star Shayne Lamas has been charged with misdemeanor driving under the influence following an arrest this past Saturday night. Lamas, who has been seen on "The Bachelor" and "Leave it to Lamas," was driving through Venice when she was stopped by police at a Los Angeles sobriety checkpoint. Lamas, who has admitted to having one drink before getting in her car to drive home, was asked to give a breath sample, which revealed that she was over the legal limit of .08%. She was arrested on site and later released from custody. She is scheduled to appear in court on December 9th.
Lamas' case brings up a couple of interesting points to remember about being charged with driving under the influence in Los Angeles. First, you do not actually need to be "drunk" or feel impaired to test over the legal limit: Lamas has stated that she "...willingly drove through a mandatory Los Angeles sobriety checkpoint...with complete confidence of passing...". People have very different capacities for alcohol. Some people, whether they are quite large or incredibly tiny, can have several alcoholic drinks in one evening and still be in sufficient control of themselves to drive home safely. Others can have just one drink and be impaired. In most cases, however, being able to "hold your liquor" has very little to do with having a blood alcohol concentration of .08% or more. Whether or not you are coherent and in control of yourself, if your blood alcohol concentration is more than .08%, you could be arrested for driving under the influence of alcohol.
Los Angeles sobriety checkpoints, such as the one Lamas was arrested at, are also an important factor in many DUI arrests. Many people are arrested for DUI at sobriety checkpoints every weekend. If you find yourself on the wrong end of the law following a sobriety checkpoint, make sure you discuss everything with an experienced Los Angeles DUI defense attorney. Los Angeles sobriety checkpoints must be run according to a very strict set of procedures, and if anything is amiss, your attorney could have charges against you dismissed. Los Angeles police must give the public some sort of notice before setting up a Los Angeles sobriety checkpoint. If police are not checking every vehicle that passes by, then they must use an impartial formula to determine which vehicles to stop and examine. They are not allowed to single out vehicles or people that they think look suspicious. Drivers are allowed to turn out of the line leading up to the Los Angeles sobriety checkpoint if they wish, and police are not supposed to follow them as they drive away. Little details can make a big difference in many DUI cases. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today and let us fight for you at 877-781-1570.
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