Archive for February, 2009

Actelis Networks Thursday announced it is keeping traffic running smoothly in California’s state’s capital with its Ethernet over copper solutions. Like many cities in the U.S. looking to install new IP-based traffic controllers and cameras that improve road safety and reduce traffic congestion, the City of Sacramento needed to first upgrade its legacy telecommunications network to provide more sophisticated monitoring and control capabilities. By deploying Actelis’ Ethernet over copper products, Sacramento leveraged the city’s existing copper infrastructure to deliver fiber-like performance.
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27
Feb

Sacramento Police Planning DUI Checkpoint Friday

   Posted by: duinick    in Sacramento DUI

Sacramento police are conducting a sobriety and drivers license checkpoint on Friday in the east area of the city.

Officers will be checking for alcohol and/or drug-impaired drivers. Officers will also be making sure that all drivers have a valid driver’s license, according to a press release from the Sacramento Police Department.

The location and length of the operation will be released about two hours before the checkpoint is implemented, the release said.

Funding for the checkpoint comes from a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Source

Of course this is all circumstantial. If you have been accused of a reckless DUI or DUI manslaughter you can usually forget about your license until at least your trial.

It is critical to have a licensed attorney who specializes in DMV administrative hearings.  Most California DUI attorneys know that YOU ONLY HAVE 10 CALENDAR DAYS TO REQUEST_A HEARING contesting the administrative suspension of your driving privilege for driving with a .08 or higher blood-alcohol concentration (BAC).

What many (not all of them) of these DUI attorneys do not know, is how to actually WIN these hearings, or at least bypass or shorten the period of suspension.  Many also do not know the serious repercussions on out-of-state licensees from California DMV actions.  This is a complex area of the law and you should get a lawyer who specializes in this field.

Another thing that an attorney just dabbling in DUI defense does not know, is the repercussions on out-of-state licensees from California DMV actions.  This is a complex area of the law, so you really should get a lawyer who specializes in this field.

For California DMV information, visit www.dmv.ca.gov

23
Feb

The legal drinking age in California

   Posted by: duinick    in California DUI Law

In California, the legal drinking age is 21. That means that under most circumstances, a person less than 21 years of age commits a crime by having any alcohol at all.

In the context of California DUI Law, the difference between a sip of alcohol and nothing to drink can make a world of difference if you are less than 21 years old. In fact, California drunk driving law prohibits anybody under 21 years of age from driving with anything more than a .01 alcohol concentration in their system.

For most people, this is way less than one beer.

For this reason, there are literally thousands of college students who get busted for the charge of minor DUI each year, not to mention minor possessing alcohol.

Sacramento police will be conducting a sobriety and driver’s license checkpoint on Saturday in the north area, a police spokesman said Friday.

Officers will check if drivers are under the influence of drugs or alcohol, and if they have a valid license.

The program, funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, is to promote public safety.

The program aims to increase awareness of the dangers associated with drinking and driving and to deter drivers from driving under the influence, the spokesman said.

About two hours before the start of the checkpoint, the department will release information specifying the location and duration of the operation.

Check back for more California DUI Checkpoint information.

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As the State legislature struggles to solve a $42 billion deficit, the California Office of Traffic Safety (OTS) recently awarded the Contra Costa County Probation Department a grant of $620,115 to pay for the supervision of felony DUI offenders on probation.

This money will be used to pay the salaries for two probation officers for two years, and other administration costs, according to Probation Supervisor Laurie Barnes.

“I don’t have a breakdown on exactly how the money will be spent,” Barnes told the Gazette last week. “But the majority of the grant is probably going to pay for [the] salaries and particulars such as drug testing, overtime and training.”

Each earning at least $125,000 per year, the two probation officers will each have a caseload of about 50 people who are on parole for DUI.

“Intensified supervision will include random urinalysis tests, breath tests and unannounced visits to the home of the offender, along with special enforcement operations in conjunction with local law enforcement agencies,” said Barnes.

“The probation officers see the offenders twice a month.”

“We’re happy that the Contra Costa County Probation Department continues to target the worst-of-the-worst,” said Christopher J. Murphy, Director of the OTS. “These repeat offenders need the supervision this grant facilitates, keeping themselves and everyone else safer on our roadways.”

“Intensive supervision by these deputies through increased contacts, home searches, and drug and alcohol use testing protocols will help ensure these offenders adhere to compliance levels of their court orders and in abstaining from the use of alcohol,” according to the County’s Web site DUI page.

The DUI Enforcement Program has been in place in Contra Costa County since 2006. County data demonstrating the effectiveness of the program to date is unavailable, but statewide, persons killed in alcohol-involved collisions increased marginally from 1,769 in 2005 to 1,779 in 2006, according to the California Office of Traffic Safety reports

However, the OTS also states in its most recent California Traffic Safety Report Card, “Alcohol related fatalities dropped 8.3 percent from 1,762 in 2006 to 1,616 in 2007 – first year to year decrease since 1997-98, Alcohol Impaired Driving Fatalities (fatalities in crashes involving a least one driver or motorcycle operator with a Blood Alcohol Content (BAC) of 0.08 or greater) decreased 9.5 percent from 1,276 in 2006 to 1,155 in 2007 – represents California’s first year to year reduction since 1997-98, and statewide DUI arrests increased 3.4 percent from 197,248 in 2006 to 203,866 in 2007 – represents the most DUI arrests since 1994, according to the California Department of Justice.

Receiving more than four DUI convictions in a ten-year span constitutes felony probation, and officers “holds offenders accountable by enforcing court orders and through supervision in the community,” said Barnes in a prepared press release issued this month.

“We continue to be concerned by the high number of DUI cases in the County, especially repeat offenders,” said County Probation Officer Lionel Chatman. “It appears that many of these individuals have not gotten the message about drinking and driving. This funding will allow the department to focus more resources on the problem.”

The Office of Traffic Safety also granted the California Highway Patrol $6,394,983.00 for their 2009 Sobriety Checkpoint Operations and Roving DUI Enforcement.

Source

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A San Diego Chargers football player accused of driving drunk for the second time in a little over two years pleaded not guilty Tuesday to a pair of misdemeanor charges.

Vincent Terrell Jackson, 25, had his pleas to DUI and having a blood-alcohol level above .08 percent entered via fax by his lawyer, G. Cole Casey.

Jackson, a starting wide receiver, was convicted of the same charges in October 2006. He was on probation at the time of his latest arrest, which occurred on Jan. 6.

The fourth-year pro from the University of Northern Colorado was pulled over around 2:30 a.m. that day while driving eastbound on Highway 52 in a 2008 GMC Sierra.

Officer Brad Baehr of the California Highway Patrol said Jackson agreed to a blood test. He was released on $12,500 bail.

A.J. Smith, the Chargers’ general manager, expressed disappointment at the arrest, but Jackson played in the next game, a playoff loss at Pittsburgh.

He caught 59 passes for 1,098 yards and seven touchdowns last season.

Source

When arrested for DUI in San Diego you must contact a California DUI Lawyer.

A mother of four from Fair Oaks was killed Monday night after the Suburban she was driving was broadsided by a pickup truck as she was pulling out of her apartment complex.

The accident happened at 7:15 p.m. near the intersection of Madison Ave. and Beauregard Way. California Highway Patrol officials identified her as 38 year old Angelique Marie Mayo.

Christopher Sandbach, 45, of Orangevale was traveling eastbound on Madison Ave. in a pickup truck through heavy rain when he lost control and hit the Suburban, said Liz Dutton with the CHP. She said alcohol was definitely a factor.

Sandbach was transported to a local hospital and treated for minor cuts and bruises. He’s expected to face vehicular manslaughter and DUI charges.

Source

If you have been charged with driving under the influence of alcohol or drugs (DUI), it is important that you contact the California Department of Motor Vehicles (DMV) to schedule an Administrative Per Se (APS) hearing within ten (10) days of your arrest. If a hearing is not requested within the 10 day period, which includes weekends and holidays, your driver license will automatically be suspended for a minimum of 30 days.
Suspension of License

When a person is arrested for DUI and has a blood alcohol concentration (BAC) of 0.08% or higher, the arresting officer will take away the person’s license at the time of the arrest. After taking the individual’s license, the officer will issue him or her a temporary driver’s license, which allows the person to drive for a period of 30 days. Within ten days (10) of the arrest, the individual must contact the California DMV to schedule an Administrative Per Se (APS) hearing in order to contest the terms of his or her license suspension. If a hearing is not scheduled within ten days (10) of the arrest or if an individual refused to submit to a blood alcohol test, the person’s driver license will be automatically suspended.
Logistics of the Hearing

The DMV hearing may take place in person or over the phone. During the hearing, a DMV employee will act as both the prosecutor and the judge. It is the DMV hearing officer’s job to evaluate the offender’s case carefully. The DMV representative must determine whether or not the officer had probable cause for making the arrest, whether or not the arrest was properly executed, and whether or not the offender had a blood alcohol concentration of 0.08% at the time of the arrest in order to decide the fate of the individual’s driving privilege.
Refusal Cases

In cases where the person refused to submit to a BAC test, the DMV representative must determine if the person was informed that his or her license would automatically be suspended for failing to consent to the test. The representative must also determine if the person actually refused to take the BAC test after being informed of the suspension. If the accused motorist is unsuccessful at the California DMV hearing, the length of the driver’s license suspension will be substantially longer than for a driver who submitted to a chemical test.
DMV Decision

California driver’s license suspensionsAfter all of these issues are considered, the DMV hearing officer will reach a decision. If the DMV representative decides based on the evidence provided that the individual is “not guilty,” the person’s driving privileges will be reinstated. If the person is found “guilty,” his or her driver’s license may remain suspended for a period lasting between 4 months (for a first offense) and 3 years (for multiple offenses).

DMV Administrative Per Se hearings can be won, but usually only with the assistance of a Sacramento DUI defense attorney with specialized knowledge of the DMV hearing process.

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14
Feb

Monthly DUI Stats for Napa Valley (12/08)

   Posted by: duinick    in California DUI Stats

Arrest information is from the Napa County Sheriff’s Department. Convictions, names and blood-alcohol levels are from Napa County Superior Court.
Convictions include cases in which the person pleaded guilty or no contest to one or more drunk driving charges, or where one or more such charges resulted in a guilty verdict at trial.

Vehicle code violations considered are: driving under the influence (Vehicle Code section 23152), reckless driving while under the influence (23103.5) and causing injury to another while driving while under the influence (23153).
The blood-alcohol levels provided by the court are based on a variety of tests — some taken at the scene of the arrest or county jail, others through a later blood test — and have not necessarily been proven or admitted in court. It is unlawful for any person to operate a vehicle if that person has a blood-alcohol level of .08 or more, according to the California Vehicle Code.

Napa Valley December 2008 DUI Arrest Statistics:
Arrests: 68

Convictions/pleas: 63

Reported blood-alcohol below .10 or unavailable: 18

Reported blood-alcohol between .10 and .19: 32

Reported blood-alcohol between .20 and .29: 12

Reported blood-alcohol between .30 and .39: 1

Source

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