officials throughout the state of California are motivated to detect and arrest
those who are driving under the influence of drugs or alcohol. This includes
the California Highway Patrol as well as local police departments and county
sheriff departments. There is plenty of financial incentive to these police
agencies to make DUI arrests, such as grants from Mothers Against Drunk
Driving (MADD). Moreover, it is always politically important for law
enforcement agencies to devote resources—officers and vehicles—to exclusively
enforce DUI laws. These special DUI officers are often referred to as “saturation
patrols”.
As a DUI Lawyer in Orange County I’ve seen law enforcement use various
methods to find DUI drivers. DUI CHECKPOINTs is a favorite of local police
agencies as well as the Orange County Sheriff’s department. There is a specific
body of law that has developed dealing with requirements of these DUI
checkpoints. For example, the DUI checkpoints must be clearly marked, well lit,
and run in a safe manner. Also, drivers approaching the DUI checkpoint must
have the opportunity to turn and avoid it. Also, the time and location of the
DUI checkpoint must be published to the public so to give advanced notice of
the DUI checkpoint.
methods to find DUI drivers. DUI CHECKPOINTs is a favorite of local police
agencies as well as the Orange County Sheriff’s department. There is a specific
body of law that has developed dealing with requirements of these DUI
checkpoints. For example, the DUI checkpoints must be clearly marked, well lit,
and run in a safe manner. Also, drivers approaching the DUI checkpoint must
have the opportunity to turn and avoid it. Also, the time and location of the
DUI checkpoint must be published to the public so to give advanced notice of
the DUI checkpoint.
Another
method all too familiar to Orange County DUI lawyers is to use saturation patrols. The main mission
of these officers is to detect and arrest drunk drivers. During prime hours,
these officers will look for “any legal reason” to stop vehicles in order to
determine if the driver is impaired by drugs or alcohol. They usually look for
any small violation, such as a broken license plate lamp, to pull a driver
over. If the officer detects any odor of alcohol, he or she will conduct a full
DUI investigation on the driver, complete with field sobriety tests and a
voluntary breath test or preliminary alcohol screening test (PAS).
method all too familiar to Orange County DUI lawyers is to use saturation patrols. The main mission
of these officers is to detect and arrest drunk drivers. During prime hours,
these officers will look for “any legal reason” to stop vehicles in order to
determine if the driver is impaired by drugs or alcohol. They usually look for
any small violation, such as a broken license plate lamp, to pull a driver
over. If the officer detects any odor of alcohol, he or she will conduct a full
DUI investigation on the driver, complete with field sobriety tests and a
voluntary breath test or preliminary alcohol screening test (PAS).
Yet another
technique used by the cops and despised by DUI Attorneys is to park their car close to a bar
or establishment that serves alcohol. Then, the officer can observe the bar
patron as they exit and follow them when they drive away. The officer will then
look for any legal reason to stop a driver. Often the officer will use a
violation that is never otherwise addressed, such as an air freshener hanging
from the mirror and “obstructing” the driver’s view. Or a trailer hitch that
obstructs the officer’s view of the rear license plate. Then, when the officer
stops the driver, he or she will make contact with the driver and inevitably
smell alcohol coming from the driver. This triggers a full Dui investigation.
technique used by the cops and despised by DUI Attorneys is to park their car close to a bar
or establishment that serves alcohol. Then, the officer can observe the bar
patron as they exit and follow them when they drive away. The officer will then
look for any legal reason to stop a driver. Often the officer will use a
violation that is never otherwise addressed, such as an air freshener hanging
from the mirror and “obstructing” the driver’s view. Or a trailer hitch that
obstructs the officer’s view of the rear license plate. Then, when the officer
stops the driver, he or she will make contact with the driver and inevitably
smell alcohol coming from the driver. This triggers a full Dui investigation.
Although
this last tactic of “bar sitting” seems a little unfair, the United States
Supreme Court has held that it is, in fact, legal. The Court said that as long
as the officer finds a legitimate law violation, then the stop is legal. The
subjective intent of the officer is not a factor. Whether the officer observed
a legitimate law violation is the issue when determining the legality of the
stop and subsequent DUI arrest.
this last tactic of “bar sitting” seems a little unfair, the United States
Supreme Court has held that it is, in fact, legal. The Court said that as long
as the officer finds a legitimate law violation, then the stop is legal. The
subjective intent of the officer is not a factor. Whether the officer observed
a legitimate law violation is the issue when determining the legality of the
stop and subsequent DUI arrest.
If you are
charged with a DUI call The Law Offices of EJ Stopyro at (949) 559-5500. You’ll
speak to an experienced DUI Attorney in Orange County who will assess your case right over
the phone. You can also visit our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
charged with a DUI call The Law Offices of EJ Stopyro at (949) 559-5500. You’ll
speak to an experienced DUI Attorney in Orange County who will assess your case right over
the phone. You can also visit our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
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