Dave Jake Schwartz, Attorney at Law, PO Box
5604, Santa Rosa, CA 95402, 707-480-3383
Sonoma County DUI & DMV Phone Consultations Free from 5 a.m. to 6 p.m. Every Day

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News About DUI's |
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University researchers find that people who consume energy drinks with
alcohol are likely to become more intoxicated than those who just drink alcohol. |
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On March 5, 2010, a 50-year old Santa Rosa man was sentenced to 5
years and 8 months in prison for his 13th DUI conviction. Sonoma County DUI defense attorneys rarely see so
many convictions suffered by one individual, said a Santa Rosa DUI lawyer. |
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Petaluma police are now reportedly armed with new laser speed detection devices
to stop and arrest local speeders, thanks to a state grant. DUI defense attorneys warn that simple traffic infractions such
as speeding and equipment violations are one of the most common precursor to DUI arrests, said a Santa Rosa DUI lawyer. |
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On March 7, 2010, a 26-year old Laytonville man was arrested following
a solo vehicle collision on US 101 in Mendocino County. |
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On March 3, 2010, a Republican state senator from Bakersfield was arrested for suspected
DUI with .14% BAC and an unidentified male in the vehicle following the staunchly anti-gay senator's visit to a popular
Sacramento bar on occasion of its weekly Latin night. |
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CHP officials announced a six-month DUI enforcement
program which targets people who have outstanding arrest warrants. There are reportedly 948
DUI arrest warrants in Santa Rosa and Sonoma County. CHP officers will apparently be armed
with home and work addresses. Sonoma County DUI defense attorneys typically expect local police to serve such warrants, so this state program, like many money-driven DUI initiatives, will increase enforcement, said a Santa Rosa DUI lawyer. |
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A controversial program by the Honolulu Police Department
to post online booking photos of DUI arrestees has become popular on facebook where the
mug shots remain even
after being removed by the police department in its own website. Sonoma County DUI defense attorneys do not favor such activity which seems motivated by derision and compromised by prejudgment, said a Santa Rosa DUI lawyer, who points out that persons pictured on these sites have been arrested, but not convicted. |
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On February 20, 2010, a 17-year old Petaluma woman was arrested following a collision
between her vehicle and a mini-van carrying a family of four. At least two persons were injured and an open bottle of tequila was
alleged to have been found in the driver's vehicle. Sonoma County DUI defense attorneys worry about these kind of accidents which typically result in further clamor for toughening DUI laws, said a Santa Rosa DUI lawyer. |
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On February 22, 2010, a 26-year old Petaluma man was arrested following a brief
chase which resulted in his allegedly smashing into a cop car. The man was jailed for alleged violation of probation from a
prior DUI, driving on a suspended license, and a new DUI. |
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On March 5, 2010, a 28-year old Napa man was arrested for allegedly almost hitting
a CHP cruiser, and then colliding with a 47-year old Napa woman who reportedly sustained minor injuries. |
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On February 21, 2010, a 61-year old Kaiser surgeon was arrested for suspicion of
DUI when his vehicle was reportedly involved in a head-on collision injuring 5 people. |
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On March 3, 2010, a 45-year old Ohio man was sentenced to 10 years
in prison following a reported 21st DUI conviction. Sonoma County DUI defense attorneys point to these types of multiple offender cases that cause such public outcry for tougher DUI laws which predominantly affect the 1st and 2nd offenders, but have no effect on true addicts, said a Santa Rosa DUI lawyer. |
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Police report that they are making more arrests for persons driving under the influence
of inhalants, often from common household aerosol cans such as Dust Off. The inhaling practice is called huffing,
sniffing, dusting or bagging. Police reportedly arrive at the
scene of a crash and discover a driver passed out with
several cans of Dust Off in the car. Sonoma County DUI defense attorneys have not seen an unusally large number of such cases, but expect to be part of any such trend, said a Santa Rosa DUI lawyer. |
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On February 18, 2010, a 26-year old Springs woman was stopped by Sonoma County police for riding
a bike while intoxicated. Her brother-in-law, who arrived moments later, exclaimed "DUI on a bicycle? Are you f*****g kidding
me?" The woman and man were both arrested for public intoxication. Sonoma County DUI defense attorneys point out that the California vehicle code does criminalize riding a bike while intoxicated, as a misdemeanor, although the penalties are far less severe than a regular DUI, said a Santa Rosa DUI lawyer. |
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On February 27, 2010, a 31-year old man was arrested
after driving to a Napa Police DUI checkpoint and allegedly providing a false
name and suspended license. Police reportedly found methamphetamine. The Napa Police checkpoint stopped 550 vehicles, and resulted in the arrest of one DUI suspect, eight persons driving on suspended licenses, 10 unlicensed drivers, and 17 impounded vehicles. |
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On February 28, 2010, a 24-year old Healdsburg man was arrested for DUI vehicular
manslaughter after a fatal solo vehicle accident killing his 23-year old passenger and injuring another passenger. CHP reported that this is the first Sonoma County DUI fatality of 2010, said a Santa Rosa DUI lawyer. |
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A 29-year old Sebastopol man was arrested on February 28, 2010, for his fourth alleged DUI, following
a reported traffic stop for using his cell phone while driving on Standish Avenue near Todd Road. Charges are
reported to include felony DUI with priors, violating
probation and driving with a suspended license. His bail was set at $75,000.
A 20-year old Sonoma County woman was reportedly arrested for her fourth alcohol-related driving offense just days earlier, said a Santa Rosa DUI lawyer. |
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On February 25, 2010, a 20-year old woman was arrested in Sonoma County
for alleged open container and marijuana in her car after being arrested earlier in the month for alleged violation
of probation on two earlier DUI's following a high speed chase on US 101 in Santa Rosa. She would be facing serious
charges if the court proceedings bear out these reports, stated one Sonoma County DUI lawyer. |
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District of Columbia police reported that 8 of their 10
Intoxilyzer 5000
breath testing machines were producing inaccurate results, which may cause the reversal of hundreds of DUI convictions
between October, 2008 and February, 2010, leading to vindication of many people and huge headaches for local DC
courts, according to a Santa Rosa DUI defense attorney. |
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On February 17, 2010, a 36-year old woman was killed when her car crashed after
a Sonoma County deputy reportedly suspected a DUI and a chase ensued. |
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The New Mexico state senate is considering a bill which would prevent drivers
from being arrested if they are parked, "sleeping it off." Sonoma County DUI defense attorneys have long asked for such legislation because otherwise people place themselves at risk of a DUI arrest by pulling over and making themselves a target of police action by simply trying to do the right thing, said a Santa Rosa DUI lawyer. |
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A Berkeley study suggests that unlicensed driver car impounds and the
money trail seem to undermine the claim that the increasing spread of
DUI checkpoints in California are motivated by those who want to prevent
DUI fatalities; rather, it appears that this police activity
disproportionately impacts immigrants, not drunk drivers, and has become
a valuable revenue stream for local government. The full study can be seen here: in English, and en Espanol. Click here for a New York Times video of the story. Sonoma County DUI defense attorneys see DUI/driver license checkpoints typically once a month in Santa Rosa, Petaluma, Sebastopol and Windsor, said a Santa Rosa DUI lawyer. |
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On January 29, 2010, the California First District Court of Appeals ruled
in the case of People v. C.S.A. that, absent authorization from the district attorney, a court cannot
enforce a police promise to drop charges against a defendant who makes a deal to cooperate
and provide information about others in exchange for dismissal. |
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A Nevada man was arrested on charges of felony burglary and
intimidating a witness to influence testimony. The man allegedly beat a witness who refused to lie for the suspect's 19-year old brother facing a 3rd DUI and prison if convicted. |
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Santa Rosa police report that they will conduct a DUI and driver
license checkpoint in Santa Rosa at an undisclosed location between 7:00 pm and 2:00 am on Friday, February
12, 2010. Sonoma County DUI defense attorneys see a lot of such activity and typically warn drivers to avoid drinking and driving, and avoid any area known to host such checkpoints because locations are often repeated, said a Santa Rosa DUI lawyer. |
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Phone scammers continue to try telephoning family members,
saying that your relative
was arrested for DUI, asking you to wire money for bail or lawyers. The scammers
apparently use personal information such as
names and relationships to appear credible. Sonoma County DUI defense attorneys typically recommend if this happens to you that you call the police department or jail, or another relative of the supposed arrestee, to confirm details before sending money, said a Santa Rosa DUI lawyer. |
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On February 8, 2010, four individuals were arrested in Costa Mesa after police
followed them out to their vehicles following court appearances involving suspended licenses. According to Sonoma County DUI defense attorneys, such stings occur in Santa Rosa at least a couple times each year, and are due soon in Sonoma County, said a Santa Rosa DUI lawyer. |
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The Napa City Council is preparing to adopt new regulations which would
allow for at least one medical marijuana dispensary inside city limits, likely in a medical office area. Official
rules are expected by early summer, said a Santa Rosa DUI lawyer. |
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According to Santa Rosa CHP, a 52-year old Guerneville woman was arrested
on February 5, 2010, for a second
suspected DUI in about a week, after allegedly swerving once off the roadway. CHP stated that the Sonoma County resident
had two other DUI convictions within the last 10 years. Sonoma County DUI defense attorneys typically recommend extreme caution after a DUI arrest in order to avoid complications related to bailing out of jail and tougher resolutions when arrested for a new offense when a prior arrest is still pending, said a Santa Rosa DUI lawyer. |
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A 70-year old Modesto car dealer was sentenced to
three years in prison following conviction for his reported tenth DUI since 1974. It was not clear
how many DUI's occurred within the current 10 years. According to one Sonoma County DUI defense attorney, the man's request for rehab treatment rather than prison may be granted by the judge in light of the absence of any history of injuries, and a current blood alcohol level of 0.14%, with no evidence of prior treatment, said the Santa Rosa DUI lawyer. |
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According to local law enforcement, the 13 Sonoma County police
agencies will be looking for DUI's during Super Bowl Weekend, February 6-7, 2010, due to traditionally
more DUI incidents surrounding the event. Sonoma County DUI defense attorneys typically recommend designated drivers or waiting until you are completely sober before driving before and after the big game, said a Santa Rosa DUI lawyer. |
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DUI and assault cases move forward after 39-year
old Indiana man allegedly jumped DUI bail then later uploaded to
Facebook his own wanted poster and the name of the tattoo shop where he
was working, boasting they'd never come and get him...they did...knock,
knock, wanna practice your jailhouse tat skills? Sonoma County DUI defense attorneys typically recommend locking down social networking sites, or deleting accounts, during any criminal or civil court case, said a Santa Rosa DUI lawyer. |
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Bartenders in one Utah town were given breath test machines
to help patrons determine if they are over the limit. Sonoma County DUI defense attorneys would like to see such options for local patrons who are unsure if they are at the limit, but most lawyers advise that if you are unsure, don't drive, said a Santa Rosa DUI lawyer. |
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According to a men's health magazine, Fresno, California
ranks number one among larger American cities on a list of the Nation's "drunkest" cities. According to a Sonoma County DUI defense attorney, Oakland, San Jose and San Francisco ranked towards the bottom of the list, and North Bay cities such as Santa Rosa, Napa and Ukiah were not in the top 100, said the Santa Rosa DUI lawyer. |
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On February 2, 2010, a 49-year old woman was
found hanged in her cell following her arrest for DUI in South Carolina. According to a Sonoma County DUI defense attorney, a similar incident occurred recently in Sonoma County, said the Santa Rosa DUI lawyer. |
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On February 2, 2010, a 40-year old Marin City man
was arrested for suspected DUI after allegedly crashing his car into a tree in Novato following
a high-speed chase. The man reportedly had outstanding warrants unrelated to the DUI
and was also charged with
possession of counterfeit money following a search at the Marin County jail. |
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The Sebastopol City Council passed a
"social host" ordinance which allows police to fine parents found allowing teen drinking at home.
Petaluma and Sonoma already have such ordinances and the same measure may
be considered by the Sonoma County Board of Supervisors for the County's unincorporated areas. According to a Sonoma County DUI defense attorney, the police already have the ability to cite parents or others for contributing to the delinquency of minors, including Penal Code Section 272, said the Santa Rosa DUI lawyer. |
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A Colorado Springs, CO government lab reports nearly twice the number
of inflated lab results from DUI blood tests than first thought. Officials believe human error is the cause
of results showing higher than accurate alcohol levels in blood samples from DUI arrestees. According to one Sonoma County DUI defense attorney, malfunctioning equipment and human error are a common concern in government labs, and several California problems were reported in the last few years, said the Santa Rosa DUI lawyer. |
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Santa Rosa police are writing many more traffic tickets, but they are
at least 45 days behind in entering data into their systems to alert the Sonoma County traffic court and the persons
cited.
Sonoma County DUI defense attorneys are aware of the increasing backlog of tickets and other cases, and counsel their clients to telephone the courts often and watch their mail for notices, said one Santa Rosa DUI lawyer. |
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A 45-year old man was arrested for suspected DUI and hit & run by
American Canyon police after allegedly hitting a fire hydrant and then taking off. There was no report of injuries in the solo accident, said a Santa Rosa DUI lawyer. |
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A 25-year old South Bay man died after an alleged DUI solo vehicle
accident in which a car flipped over after hitting an embankment on I-280 in San Jose, ejecting and fatally injuring
the passenger. The 29-year old driver was arrested. Such such accidents are the reason for ever increasing DUI penalties in Sonoma County and around the country, said one Santa Rosa DUI lawyer. |
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Napa police announced a DUI checkpoint for Friday,
January 29, 2010. Santa Rosa DUI attorneys expect a similar Sonoma County DUI checkpoint soon in Petaluma, Santa Rosa,
Windsor or Sebastopol, according to a Santa Rosa DUI lawyer. |
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A 79-year old New York man with an alleged violent criminal history
was arraigned on January 28, 2010, on a series of felony charges including road rage, DUI and murder in connection with
an incident in which he allegedly rammed the back of a vehicle repeatedly until it crashed into oncoming
traffic, killing the other driver. According to one Sonoma County DUI defense attorney, such road rage incidents are not unheard of, but the age of the suspect is uncommon, said the Santa Rosa DUI lawyer. |
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On January 23, 2010, a
19-year old Rohnert Park man was arrested for DUI after police stopped him for
suspected tinted windows violation. He was reported to have two young children
in the vehicle who were not in safety seats. According to one Sonoma County DUI defense attorney, such common vehicle code violations as tinted windows and no front license plates are often justifications for police to stop motorists who are ultimately arrested for more serious crimes such as DUI and drug possession, said the Santa Rosa DUI lawyer. |
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Maryland is considering ordering special identifying license plates
for multiple DUI offenders. Georgia, Minnesota and Ohio already issue special license plates to repeat DUI
offenders, but the practice was considered and rejected by Iowa, New York and Virginia. There is no such law in California, nor any known plans to consider such a move to target people with alcohol issues, said a Santa Rosa DUI lawyer. |
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According to CHP, on January 25, 2010, a 24-year old Santa Rosa man
flipped his GMC Envoy when he took the northbound off-ramp at Bicentennial Way and lost control. He was
later arrested for DUI and taken to the Sonoma County jail facility, one block away from the scene. |
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In the early morning hours of January 22, 2010, 2 Sonoma County
residents were arrested by Sebastopol police for DUI after being called to Petaluma Avenue, one 23-year
old female from Sonoma, and one 44-year old man from
Santa Rosa.
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On January 21, 2010, Teresa Hagan, a 49-year old Windsor woman arrested
for allegedly violating her DUI probation, reportedly hanged herself in her cell at
the Sonoma County jail, according to the Sonoma County Sheriff's office. According to one Sonoma County DUI defense attorney, it appeared from news accounts that she was facing additional consequences from her original multiple offender sentence, in addition to new penalties, if the new allegations were found to be true, said the Santa Rosa DUI lawyer. |
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The Minnesota Supreme Court recently ruled that a man sleeping
in his car outside his apartment can be convicted of DUI if a jury concludes he had dominion and control over
the vehicle. Many other states also have such laws. According to one Sonoma County DUI defense attorney, California law requires proof of some movement of the vehicle in order to convict for DUI, said the Santa Rosa DUI lawyer. |
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Schwarzengger's proposal to reduce prison overcrowding by
releasing to county jails certain inmates such DUI offenders and others convicted of
certain property and drug crimes, would fill up county jails without providing additional funds for
counties already financially strapped. According to one Sonoma County DUI defense attorney, the proposal doesn't address the fundamental problem of annual DUI political penalty increases and declining state revenue, said the Santa Rosa DUI lawyer. |
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Vallejo police announced a DUI checkpoint for Friday,
January 21, 2010. |
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Citizens in several communities are reported to be hanging out in
bars and parking lots waiting for individuals to drive away intoxicated so that the groups can report suspected
illegal driving to the police. YouTube videos and Craigslist boasting have been posted of the suspected
driving and later arrests. Many Sonoma County DUI defense attorneys would disapprove of such activity as dangerous, nonproductive, and a type of vigilante activity that raises questions of these groups' motives, objectivity and skill, according to a Santa Rosa DUI lawyer. |
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A host of new California laws will become effective in 2010, according
to local Santa Rosa DUI defense attorneys, including the four-county ignition interlock
pilot program and the ability of multiple DUI offenders to obtain restricted driving privileges
earlier than current law provides, if they install an ignition device, said one Sonoma County
lawyer. Click here to see News Station KERO
summaries and links to each new bill, and here for the CHP
summary of new laws affecting Sonoma County. |
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On January 12, 2010, a Mendocino County jury convicted a Covelo
man of driving under the influence of marijuana after he was seen smoking a joint while driving erratically; he was sentenced to 5 years probation, 15 days in
the Mendocino County Jail, $2,410 fines, two years license suspension and the second
offender DUI program.
According to Sonoma County DUI defense attorneys, pot DUI's are much more difficult for the government to prove because there is no generally accepted scientific evidence showing if, and to what degree and at what quantities, presence of marijuana in blood samples indicate driving impairment in a specific individual, said one Santa Rosa DUI lawyer. |
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Two more commentators, one on
Ron Paul's Blog, and
James Baxter, President
of the National Motorists Association, argue that the annual wave of tougher DUI laws
demolishing the rights of average citizens and the accused are an embarrassing show of self-serving politics. Many Sonoma County DUI defense attorneys agree, citing the large number of laws and criminal procedures aimed solely at DUI arrests, which trample constitutional rights afforded to other criminals far more harmful to society and which throw resources at a problem much less deserving of attention than many more destructive forces in our communities, according to one Santa Rosa DUI lawyer. |
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A Napa community group is pushing for a law requiring responsible
beverage service training for employees who serve alcohol. The group hopes this, and changes to tavern
practices such as drink specials and food service, will help discourage
over consumption. At least one Sonoma County DUI defense attorney applauded the motive and publicizing the role of servers in alcohol consumption, but questioned the practicality of proposals aimed away from personal responsibility, said the Santa Rosa DUI lawyer. |
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On January 7, 2010, Santa Rosa Judge Arthur Wick ruled that
a 55-year old Forestville woman will stand trial on felony charges related to a head-on collision
in Sonoma County killing a 54-year old Rohnert Park mother of five and injuring the woman's daughter.
According to a Santa Rosa DUI defense attorney, the felony charges include vehicular manslaughter. |
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A 47-year old Pennsylvania State Police Officer who supervised DUI
checkpoints and was an accident reconstructionist was charged with DUI following
a solo vehicle collision on December 17, 2009. He was found slumped over the steering wheel. Sonoma County attorneys see a larger than expected number of police and fire personnel arrested for DUI across the country, although DUI specialists arrested for DUI are not as common, said one Santa Rosa DUI defense lawyer. |
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After an outcry from Illinois anti-DUI advocates, the state's governor reversed the release of 18
felony DUI offenders from prison who would have served the remainder of their sentence on home confinement
to save tax dollars. DUI Offenders
were reclassified as dangerous felons, making them ineligible for early release,
while murderers, rapists,
arsonists, mobsters, robbers and burglars in the release program were allowed to stay out of prison. MADD members were reportedly "delighted," calling the DUI reversal a Christmas present. The program will continue to release other felons. One Santa Rosa DUI defense lawyer said Sonoma County attorneys question how every DUI felon is more "dangerous" than murderers, rapists and other felons participating in the early release program. |
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The CHP's highly publicized "AVOID the 13 DUI Task Force" reported 219 alleged DUI
offenders arrested through Saturday night, January 2, 2010, since the campaign began on Friday
December 18, 2009, up from 176 arrests last year. Of those arrested, 191 people were arrested for DUI and 29 were
arrested for DUI warrants. A later
Petaluma360.com report
cited 201 new DUI arrests through Sunday night. There were checkpoints and roving DUI patrols in Santa Rosa, Petaluma, and Sonoma,
as well as arrests throughout the county, according to one Santa Rosa DUI defense lawyer. Sonoma County reports no alcohol-related fatalities since the campaign began on Friday, December 18th, but there were 10 DUI injuries. During the 2008 winter holiday DUI campaign, 176 individuals were arrested for DUI in Sonoma County, and there were 4 DUI fatalities and 24 DUI injuries. In spite of the rise in arrests in Sonoma County, there was a decline Bay Area-wide, where there were nearly 2000 DUI arrests made by 125 law enforcement agencies in the nine Bay Area counties during the 2009 holiday enforcement period, down from just over 3,000 arrests last year, according to a Sonoma County DUI attorney. |
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A 45-year old South Dakota woman was found passed out in her vehicle
on December 1, 2009. She was later arrested for DUI and allegedly tested at .701% blood alcohol, nearly nine
times over the .08 legal limit. According to a local Santa Rosa DUI defense attorney, Sonoma County lawyers rarely see cases over .30%; .40% is considered a lethal dose of alcohol in approximately 50% of the population. |
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On December 28, 2009, a federal appeals court in San Diego, CA, ruled in the
case of Bryan v. McPherson that police use of tasers
is illegal unless objective facts indicate that a suspect poses an immediate threat to the safety of an officer
or a member of the public. Sonoma County residents have been fighting taser use in Santa Rosa and surrounding communities for years, according to a Santa Rosa DUI defense lawyer. |
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A Chicago widow is suing police who allegedly cited a driver for
a traffic infraction and let her go moments before she was involved in a fatal 2-car collision. The suit
claims that if police had arrested the driver for DUI then the accident and death would not have happened. |
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On December 29, 2009, a 44-year old Sonoma County homeless man was arrested
in Santa Rosa for allegedly failing to report to parole officers after his release from prison last May on
DUI and burglary convictions. Police claim he has six prior DUI convictions. A Sonoma County DUI defense lawyer
says attorneys are often saddened by the downward spiral of lives caught up in the criminal justice system. |
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A new bill introduced in California would allow courts and DMV more
latitude to permanently revoke driver licenses of repeat offenders. At least one Bay Area DUI defense attorney
says the effect would be negligible on ever-increasing DUI offenses. According to a Sonoma County DUI lawyer, Santa Rosa
judges already possess the ability to revoke licenses and the DMV also may suspend or revoke for various
reasons, including alcoholism. |
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On December 18, 2009, a Santa Rosa Judge lashed out at the
Sonoma County District Attorney for what the judge called political grandstanding in a press
release issued by the DA's office publicizing the outcome of
an earlier repeat offender DUI sentencing for a 5-time offender who received one year in county jail. Veteran Judge Elliot Daum said that the news release was politically motivated and filled with “grotesque misstatements and half-truths,” just before the re-election campaign for District Attorney Stephan Passalacqua. “I'm offended by it,” said Daum, “I do not want litigation in this court by press release.” The DA denied impropriety. Sonoma County DUI defense attorneys find these sentencings hard to predict. Daum's Friday sentencing concluded with an 11-time offender sentenced to 3 years prison, and a continuance for later sentencing of a 13-time offender. Adding uncertainty to the process was the earlier dramatic reduction by a Santa Rosa judge of a prison sentence in a fatal DUI crash, from an initial 12-year prison sentence to just 3 years, according to a local Santa Rosa lawyer. |
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According to one Santa Rosa DUI defense lawyer, starting Friday,
December 18, 2009, chances are pretty good that Bay Area law enforcement will be
conducting a DUI and driver license checkpoint near you. Sonoma County's checkpoints will be conducted in Santa Rosa, Windsor, Sonoma and Petaluma. More information may be found in two holiday enforcement schedules posted at the Sonoma County AVOID Website, and additional local Sonoma County holiday checkpoint information is included in the Press Democrat. The following news accounts describe upcoming holiday checkpoint enforcement activity in many cities and counties near Sonoma County: Napa County Marin County Vallejo Benicia Woodland Contra Costa County Alameda and San Francisco Counties San Mateo and Santa Clara Counties Sacramento County Placer County Fresno and Madera Counties Butte County South Lake Tahoe Lake County Fortuna |
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The Sonoma County "Avoid the 13" Anti-DUI effort resulted in the arrest
of 26 individuals for DUI in Santa Rosa, Windsor, Petaluma and surrounding towns on Friday, December 18 and Saturday, December 19,
the first two days of the '09 holiday enforcement period, according to law enforcement,
although none were attributed to the local Windsor or Santa Rosa checkpoints. On
Sunday
another 21 people were arrested during roving patrols.
Napa County reported 20 DUI arrests during the same period. The one Bay Area reported alcohol-related death this weekend was in Napa. The whole Bay Area reported 468 DUI arrests over the weekend, down from 641 in 2008. According to a press release, future checkpoints will be conducted every weekend during the campaign period. Locations of the checkpoints will not be disclosed to the public. Sonoma County law enforcement will deploy local DUI Patrols in every community in Sonoma County during the 17-day campaign. CHP staffs 80% of its officers during the 4 Day Christmas and New Year’s holiday weekends. During the 2008 holiday DUI campaign, 176 individuals were arrested for DUI in Sonoma County; there were 4 DUI related deaths and 21 DUI related injuries. On Friday, December 18, 2009, 10 people were arrested for DUI. Three others were arrested for outstanding DUI warrants. Although none of the DUI arrests occurred at the Windsor checkpoint, 1,512 drivers were screened on EB and WB Windsor River Road between Bell Road and Old Redwood Highway. 49 were directed to a secondary evaluation area for further investigation for DUI or a driver’s license check. 13 drivers were arrested, 1 for possession of drugs and drug paraphernalia, 1 for driving on a suspended license from a DUI, 8 for driving without a license, and 3 for open container. 6 vehicles were towed, and 1 was impounded for 30 days. On Saturday, December 19, 2009, between the hours of 6:00 pm and 12:00 am the Santa Rosa Police Department conducted a DUI Checkpoint on College Ave near Morgan St. 1326 vehicles screened, 58 drivers were directed into a nearby parking lot for either DUI evaluation or drivers license checks. 27 drivers were evaluated for DUI, and none were found to be over .08%. 12 were cited for driving without a driver license and one was cited for driving on a suspended driver license. 10 vehicles were towed for thirty-day impound because of an unlicensed or suspended license driver. One Santa Rosa DUI defense attorney pointed out that of the nearly 3,000 persons stopped by law enforcement without a warrant or probable cause during these two checkpoints, not one was found to be DUI. Defense lawyers argue these warrantless intrusions are not only ineffective, but unconstitutional, even though the US Supreme Court allows them. |
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On December 21, 2009, an 18-year old woman in Sonoma County
was convicted of DUI for grabbing the steering wheel of the vehicle her boyfriend was
driving, and causing a crash. Although such a case is not unheard of, DUI defense attorneys question the reasonableness of the court's finding that the passenger was in control of the vehicle at the time, according to a local Santa Rosa lawyer. |
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On December 21, 2009, two U.S. Senators and MADD announced they will
introduce a bill requiring states to impose mandatory installation of an ignition interlock device for anyone
nationwide who is convicted of a DUI, or a state will lose federal highway funds. According to DUI defense attorneys, this method of tying federal highway funds to increased DUI penalties is how the nation came to have a uniform drinking age of 21, and a uniform DUI level of .08%, said one Santa Rosa lawyer. |
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Nearly one-third of the judges and commissioners in the Sonoma County superior court
will be new on the bench shortly. Four are reported to be retiring (Rosenfeld, Owen, Joy and Denenholz), and three more are not
expected to run for re-election in June (Antolini, Rushing and Wong). In addition, if any of the remaining six up for re-election
are not successful, then even more change is in Sonoma County's future. DUI defense attorneys are uneasy with the prospect of new judges, according to one Santa Rosa lawyer, due to uncertainty about criminal expertise and prosecution-favored appointments by a republican governor. |
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Three multiple DUI offenders will be sentenced the week of December 14,
2009, in Sonoma County Superior Court, according to DUI defense lawyers. Attorneys for the offenders and for
the District Attorney's office will make arguments all week in Santa Rosa. |
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On Friday, December 18, 2009, South Lake Tahoe Police
will conduct a DUI checkpoint along Lake Tahoe Boulevard and Pioneer Trial. On the same evening, an
unrelated Sacramento
checkpoint will also be conducted in the south part of that city by Sacramento Police. |
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On Saturday, December 19, 2009, three Lake
County law
enforcement agencies will participate in the “Avoid the 3” collaborative anti-DUI program.
The Lakeport Police Department, Clearlake Police
Department and the Lake County Sheriff’s
Office will conduct a Driving Under the Influence (DUI) checkpoint at an undisclosed location in the
city of Lakeport. Local Santa Rosa DUI defense lawyers expect to see a rise in DUI arrests in Sonoma, Marin, Napa, and surrounding counties in the next few weeks, said one attorney. |
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Sonoma County law enforcement will be focused on DUI violations during the holiday
period and will perform stakeouts, and probation and warrant
checks, of repeat
DUI offenders on Dec. 19. At least one DUI checkpoint will be set up at an
undisclosed Petaluma location on Dec. 25, according to the Petaluma Police Department, which is the lead agency in the
county's Avoid the 13 anti DUI campaign. Local Santa Rosa DUI defense lawyers expect to see a rise in DUI arrests in the
next few weeks, said one attorney. |
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An ACLU leader in Rhode Island cautioned that state's leaders not to overreact
to NHTSA statistics which show Rhode Island's alcohol-related fatalities increased in 2008. Echoing Santa Rosa DUI defense attorneys,
the ACLU said that such statistics are often used to justify further encroachment into citizen rights versus
police powers, even though statistics show that during longer periods the state's fatality rates have actually decreased. |
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Officials in Colorado Springs, CO, admitted that hundreds of DUI cases may need
to be re-examined in light of evidence that many blood samples were reported falsely high after testing at a state laboratory. |
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Novato police announced a DUI checkpoint for Friday, December 11,
2009. |
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A 49-year old man was arrested on December 9, 2009, for his alleged fourth DUI after police
reportedly recognized his car parked outside a bar, staked it out for an hour, followed the suspect home and arrested him
at his Sonoma County residence for DUI, driving without a license, and violation of probation from a DUI conviction earlier
this year which disallows any alcohol when driving, typical probation terms according to a Santa Rosa DUI defense lawyer. |
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Sonoma County DUI defense attorneys and the district attorney's office were equally
surprised by the recent sentencing reduction by a Santa Rosa judge in the Morse case where one person was killed and
another left in a coma following a DUI accident. Lawyers did not expect such a dramatic reduction from the original
12-year prison sentence to just three years following the court's reconsideration. |
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Fortuna police in Humboldt County announced special "saturation patrols" on
the streets of their city starting after 8:30 p.m. on Friday night, December 11, 2009. Sonoma County DUI defense
attorneys have seen numerous
such patrols in Petaluma and many lawyers expect more throughout the holidays in Santa Rosa, Petaluma and Sebastopol, thanks
to several recent state grants for such police activities. |
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Fresno police announced 22 DUI
checkpoints between now and New Year's Eve, with numerous bar-watches and "saturation patrols."
According to one Sonoma County DUI defense attorney, this is a relatively high number in one area, compared to
totals lawyers see in Santa Rosa, Petaluma
and Sebastopol where most of Sonoma County's checkpoints are typically conducted. |
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In October, 2009, San Mateo sentenced a 42-year old Belmont man to two years in prison for his 8th
DUI conviction, and are now prosecuting a 46-year old Redwood City man for his ninth DUI. According to a Santa Rosa DUI
lawyer, defense attorneys here believe that the Sonoma County record is 13 DUI arrests for one man. |
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A 50-year old Sonoma County man was reportedly arrested on Monday, December 8, 2009,
after hitting a stop sign, guard rail and fences in Napa. A passenger reportedly suffered minor injuries. A Santa Rosa DUI defense attorney says lawyers feel the high profile media coverage of such accidents, followed by lobbying by families of injured victims is the leading cause of the peculiar discriminatory targeting of DUI crime for annual political grandstanding, increased punishment and millions in state grants, while other equally and more serious criminal activity goes unreported and unaddressed. |
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A 22 year-old Redwood Valley man was arrested for DUI in Mendocino County on Tuesday,
December 9, 2009, after leading police on a 14-mile chase before crashing into a tree. The man allegedly has two prior DUI's
in the last two years. Santa Rosa lawyers say such cases are not common, but happen in Sonoma County from time to time, according to a Sonoma County DUI defense attorney. |
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Florida Highway Patrol reportedly sought a subpoena to access Tiger Woods'
blood test results from a Florida hospital following his vehicle crash, but the state denied the request for
lack of probable cause that Woods was DUI. Woods was later ticketed for careless driving on Dec. 1. |
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NHTSA reported that alcohol-related fatalities decreased in California between
2007 and 2008. Sonoma County numbers were not reported in this study, according to a Santa Rosa DUI defense attorney. |
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The company which manufactures the SCRAM alcohol monitoring bracelet urged courts
to utilize the device more often to enforce court orders and provide evidence of sobriety in a variety of
circumstances. Lawyers have seen an increase in the use of the device in Sonoma County, according to a Santa Rosa DUI defense attorney. |
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A military court ruled that the Navy and Marines rule requiring sailors to
report DUI arrests off-base is an unconstitutional requirement violating self-incrimination. |
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A Chicago university student is gaining support from his community after being
arrested for DUI and consequently facing deportation charges. He was brought to the United States illegally from Mexico
when he was 6 years old. |
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Petaluma police reportedly arrested four people for DUI at a checkpoint
at westbound East Washington Street at Gray Street in southern Sonoma County. The DUI checkpoint stopped 1,018
vehicles and checked 657 of the drivers for signs of DUI. 56 drivers were checked for drinking. One person was
allegedly arrested for driving with a suspended license, two for
driving without a license and two for drug offenses. Two Rohnert Park men, ages 22 and 24, were arrested for alleged public intoxication. Five vehicles were towed and one was impounded for 30 days because it was allegedly being driven by a driver with a suspended license |
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Fresno police reportedly arrested eleven
people for DUI at a northwest Fresno checkpoint Friday night, at westbound Shaw Avenue at Glenn Avenue. 39 vehicles were impounded
because their drivers allegedly were under the influence or lacked valid licenses. |
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TMZ.com and the lawyer for rapper Nas report that DUI charges against Nas have
been dropped. The police claimed that the rapper was examined at a DUI checkpoint, admitted to smoking pot, and
had green tongue and eye tremors. Sonoma County DUI defense lawyers dispute the "ridiculous" claim that green tongue
is any indication of smoking marijuana, said one Santa Rosa DUI defense attorney. |
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Petaluma police apprehended a man who allegedly failed to show for a
second DUI jail sentence (typically 30 to 45 days) and reportedly called in sick when he learned that police
staked out his Novato job site. Police showed up at his parents house and learned he had moved in with his
girlfriend in Santa Rosa, where he was eventually found and arrested on a no-bail warrant. DUI defense attorneys say that Petaluma police are among the most aggressive in Sonoma County. One lawyer expressed continuing surprise at the lengths Petaluma goes to stake out and apprehend DUI suspects as compared to other serious crimes in Sonoma County. |
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Petaluma police announced a DUI and driver license checkpoint planned for
Saturday, December 5, 2009, in 2 undisclosed locations. Sonoma County DUI defense attorneys have seen numerous
such checkpoints and many lawyers expect more throughout the holidays in Santa Rosa, Petaluma and Sebastopol, thanks
to several recent state grants for such police activities. |
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Sonoma County Superior Court Judge Ken Gnoss
announced that he reduced the
sentence of the Merced County District Attorney's son from 12 years to three years and four months in the fatal DUI accident which left
one dead and one in a coma. The defendant's DUI defense attorney had argued that three years was a more typical sentence. Lawyers
on both sides were surprised by the judge's decision to reconsider his original sentence. |
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CHP announced more Bay Area DUI arrests were made in 2009 during Thanksgiving than
in the previous year. Surprising, remark DUI defense attorneys in Sonoma County, including one Santa Rosa DUI lawyer who
asks why the increasing money and penalties to fight DUI's when such efforts would appear not to have impact considering
the number of arrests cited by CHP. |
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Napa police announced a DUI checkpoint for Friday, November 27,
2009. |
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According to immigration lawyers, DUI convictions are negative factors but
shouldn't bar getting a
visa to
travel to the United States, nor should it bar
naturalization.
Any individual with immigration issues should consult with a local Santa Rosa immigration lawyer if faced with a Sonoma County
DUI arrest or conviction. DUI defense attorneys also advise that Sonoma County residents with one or more DUI convictions who are planning travel to Canada consult with a lawyer long before finalizing trip details because extensive bureaucratic maneuvering may be required and successful entry into Canada is not guaranteed. |
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Sonoma County police arrested a 22-year old second DUI offender on November 24, 2009,
after allegedly executing a
probation search of his Cotati home, finding alcohol in violation of his no-possession/use probation clause, and then
locating him in Petaluma driving on a suspended license. He was not intoxicated at the time of arrest. |
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The Honolulu Police Department began posting mug shots taken
of individuals arrested for DUI. The practice is controversial, in part because of obvious privacy concerns, and
such individuals have simply been accused by the government but not proven guilty. A Sonoma County DUI defense lawyer asks why single out DUI arrests? It appears that DUI's and sex offenders have the captive attention of politicians and the media, but strangely other crimes such as civil rights violations, domestic violence, murder, rape, armed robbery, etc, which can often be equally or more serious, still do not attract the annual parade of increased penalties, state grants, awards and press as the anti-DUI effort. |
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The Pittsburgh City Council approved a $50,000 settlement to a man
wrongfully arrested for disorderly conduct when he flipped off a cop. Charges were later dropped after the man
was forced to appeal. The man later sued in federal court to recover his costs of defending himself. The federal district court case may be found here: Hackbert Decision, and an interesting discussion of the law in this area can be found in the UC Davis Law Review. |
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Santa Rosa police conducted a DUI and driver license checkpoint Saturday,
November 21, 2009, at Guerneville Road and Ridley Avenue in West Santa Rosa. 545 drivers were stopped, 58 were
further detained and investigated by the police, five were further subjected to field sobriety tests (all passed) and 40 vehicles were impounded
for 30 days to the detriment of cited drivers (most with no license or suspended licenses). The U.S. Supreme Court upheld
such checkpoints years ago if conducted in compliance with certain guidelines.
Sonoma County DUI defense lawyers, and other attorneys and immigration groups have been trying to work with the Santa Rosa Police Department to change the (discretionary) 30-day impound policy, viewed by many as disproportionately impacting immigrant families whose only source of income is often the one family car. Two other arrests were made at the DUI checkpoint for outstanding warrants and two more for alleged drug possession. |
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The Lake County Sheriff's Office is being investigated by the U.S.
Department of Justice for racial profiling of detainees, and for internal racial, disability and sexual orientation
discrimination within its own ranks, according to a KGO I-Team Report.
The I-Report states that according to the department's own officers, "the department often breaks the rules meant to prevent unwarranted search and seizures. For example, at DUI checkpoints, deputies are supposed to pull over cars at a set interval -- every third car, for example. However, they say deputies would pull over everyone who appeared to be Hispanic." A Santa Rosa DUI defense attorney stated that if the facts reported are true, then most Sonoma County lawyers would agree any DUI arrest resulting from such practices should be thrown out. |
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On Friday, November 20, 2009, Santa Rosa police arrested an individual,
allegedly convicted 12 previous times since 1983 for DUI, for a reported 13th DUI, as a result of a solo
non-injury
accident on Highway 12 at Stony Point Road. The police claim the 50-year old man was driving on a suspended license
and in violation of his parole. According to Sonoma County police, this man holds the county record for most
DUI convictions. A Santa Rosa DUI defense attorney stated that if the facts reported are true, then the man is in serious need of treatment. If he is convicted of a 13th DUI, he is facing years in prison. Lawyers routinely defend DUI cases, but it is extremely rare to see more than five DUI's on a record. |
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On Friday, November 20, 2009, Petaluma police reported arresting an individual
allegedly convicted five previous times since 1990 for DUI. He was reportedly attempting to buy bottles of wine in violation
of his probation. DUI lawyers believe that Petaluma is the only town in Sonoma County which stalks DUI offenders at home, work and about town in an apparent effort to ensure compliance and prevent crime. At least one Santa Rosa DUI attorney is troubled by the rabid focus of state resources on DUI's to the exclusion of other violent crimes and community policing. |
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A New Mexico man was convicted of DUI after deciding he was too drunk
to drive safely, and decided to sleep it off rather than drive. That state's law allows a DUI conviction when
an individual is "in control" of a vehicle, including being in the driver seat and access to keys. Such a conviction would be unlikely in Sonoma County where lawyers would argue California's law requiring movement of the vehicle for a DUI conviction, according to a Santa Rosa lawyer. |
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Adding to the list of cities and counties receiving DUI enforcement grants is
Santa Cruz, which announced a $480,000 grant from the state Office of Traffic
Safety to fight alcohol and drug-impaired driving. Similar grants have recently been announced all over the Bay Area, including Santa Rosa, Petaluma and Sonoma County CHP, according to DUI defense attorneys. Lawyers are preparing for more DUI arrests and cases to defend than in prior years. |
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Adding to the list of cities and counties receiving DUI enforcement grants is
Fresno, which announced a nearly $1 million grant from the state Office of Traffic
Safety to fight alcohol and drug-impaired driving. Similar grants have recently been announced all over the Bay Area, including Santa Rosa, Petaluma and Sonoma County CHP. Some DUI defense attorneys, including local lawyers, believe that not only is the state focusing on DUI's for political purposes, but such money is a terrific financial investment considering each DUI fine rakes in between $1,400 and $2,600 depending on the jurisdiction. |
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According to a press release, Sonoma County's "Santa
Rosa Police Department will
be conducting a DUI/Drivers License checkpoint on November 21, 2009,
from 7:00 p.m. to 1:00 a.m., in the city of Santa Rosa." The release states that "In an effort to reduce the number of persons killed and injured in alcohol involved crashes, DUI checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving." If you are arrested as a result of a DUI checkpoint in Sonoma County, contact a local Santa Rosa lawyer. Attorneys often assist in defenses and consequences to such police practices. |
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Sonoma County's Petaluma Police Department arrested 6 repeat offenders
after operations on November 14 and 16, 2009, investigating 16 individuals through probation checks,
surveillance and court warrants as part of
the department's "Habitual DUI Offender Stakeout Program" funded by the state. |
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An Illinois judge ruled unconstitutional a law that allows police to seize
vehicles driven by accused repeat drunk drivers. |
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A law signed on November 18, 2009, requires individuals
convicted of a first DUI to install an ignition interlock device in their vehicles, and makes DUI with a child in the
vehicle a felony offense. Sonoma County may experience similar requirements, according to local lawyers, if California's pilot program in four other counties ultimately becomes law statewide. Santa Rosa DUI attorneys are prepared for such developments as the Sonoma courts are already considering such ignition devices in high alcohol cases. |
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More than 20 DUI cases have been dismissed by Chicago authorities who found
that the arresting officer, a DUI "top cop," was not a credible witness. The officer has been the subject of intense controversy since multiple
civil rights cases were filed against him accusing him of targeting Gays and Lesbians and making numerous false DUI arrests.
Dash cam videos appear to challenge many of his sworn police reports. |
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On November 10, 2009, a car crashed into an oak tree on Bennett Valley Road in
Santa Rosa. A woman was trapped in the vehicle but freed by firefighters and taken to Santa Rosa Memorial Hospital.
She was later arrested by Sonoma County CHP for DUI. |
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On October 22, 2009, approximately 200 people gathered in front of the
Santa Rosa Police Department
and spoke about personal and political perspectives, challenging police practices with respect to use of tasers, DUI
checkpoints and impound practices, and excessive force. The three hour gathering and march throughout downtown Santa Rosa was unpermitted, but police kept a respectful distance as residents from many nearby communities, including young people, parents, immigrants, and lawyers, expressed their displeasure with unchecked police excess and the lack of citizen oversight. |
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On November 12, 2009, the
Montana Supreme Court reversed the DUI conviction
of a woman who was not permitted by the trial court to present evidence to the jury that the reason she drove was
to escape a dangerous bar fight. In Montana, as in most states, it is okay to break the law if required to avoid death
or serious harm.
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Napa police announced additional DUI patrols planned for Saturday, November 14, 2009.
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Adding to the list of cities and counties receiving DUI enforcement grants is Stockton,
which announced a $352,000 grant from the state Office of Traffic
Safety to fight alcohol and drug-impaired driving. The
Stockton Police Department will spend the money on additional patrols
and enforcement of traffic violations. Similar grants have recently been announced all over the Bay Area, including
Santa Rosa, Petaluma and Sonoma County CHP, according to DUI defense attorneys. |
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San Mateo County announced that nearly $1 million dollars was awarded to its
law enforcement agencies to enforce DUI's including checkpoints, patrols and equipment. Local defense lawyers are prepared
for an increase in enforcement activities here as attorneys see recent announcements from Santa Rosa, Petaluma, Sonoma County
CHP, and Napa County regarding DUI enforcement grants from the state. |
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A Sonoma County judge sentenced a Petaluma man to three years in prison
for threatening a Sonoma County Jail guard and his family while awaiting trial in the Santa Rosa jail on DUI and parole
violation charges. |
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An appellate division opinion was issued by the Santa Barbara Superior Court,
holding that two minor drifts over a fog line is not reasonable suspicion of a traffic violation, and the resulting
pull over and subsequent DUI arrest by police was an illegal detention and arrest. Santa Rosa defense lawyers hailed the ruling as a rare win in the constant fight by attorneys in Sonoma County to limit pretextual stops by police on the most minor driving irregularities which are later offered to justify stopping drivers and arresting them for DUI. |
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Sonoma County's Santa Rosa DMV will be closed, along with most other
state offices, on the first three Fridays of every month until June 30, 2010. The holidays will close the DMV
for the fourth Friday of November and December. DUI lawyers say these closures, combined with the separately run Sonoma County Superior Court closures on the third Wednesdays of every month, will make a tough job even harder for attorneys and drivers alike trying to resolve DUI business. |
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Sonoma County's Santa Rosa Police Department announced that it will
be conducting DUI/Drivers License checkpoints through a grant provided
by the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration. The grant was
awarded to the Santa Rosa Police Department which will conduct a
minimum of 10 DUI/Drivers License checkpoints from October 2009 through
September of 2010. Sonoma County DUI defense attorneys will be monitoring policies, procedures and results, according to one local lawyer. |
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Denver, CO voters overwhelmingly rejected a ballot measure which would have
severely limited police officer discretion when determining whether to impound vehicles driven by unlicensed drivers. In Sonoma County, community groups and attorneys, including at least two Santa Rosa DUI defense lawyers, are attempting to relax Santa Rosa Police Department policies, arguing that automatic impounding disproportionately impacts low income families whose only source of income may be a single vehicle which could be retrieved from a traffic stop by a licensed driver faster, cheaper and with more compassion in many situations than a tow company and the police. |
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CHP announced that $5.6 million dollars was awarded to its agency to enforce DUI's
in Sonoma County and around the state. The Santa Rosa area CHP office located in Rohnert Park is expected to benefit like
all other offices in California. The funds will be used for DUI and licensing checkpoints, minor traffic violation enforcement,
and community education. According to one Santa Rosa lawyer, he and other DUI attorneys see more DUI arrests from CHP than
any other law enforcement agency. |
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In separate incidents, police arrested a man reportedly testing at .26%
blood alcohol after
an alleged hit and run incident, and another man reportedly testing .17% blood alcohol after a brief chase in Sebastopol on
Halloween Eve. |
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A woman was killed in an alleged DUI fatality when a man apparently entered
US 101 in Healdsburg just north of Santa Rosa in Sonoma County, driving north on the southbound
off-ramp, and driving into the fast lane and causing
a head-on collision between his Ford Explorer and the woman's Honda Civic. |
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A San Diego DUI lawyer released copy of a police memo to witnesses who testify
about their procedures collecting blood samples from DUI suspects. The memo coaches how to testify and the important
points to make during trials when witnesses don't remember specific details. |
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The City of Santa Rosa announced a nearly $500,000 grant from the state to
increase bicycle and pedestrian safety, including funds which the Santa Rosa Police Department intends to use to
enforce "the growing problem" of bike DUI's in Sonoma County. |
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Petaluma announced a new $200,000 grant from the state will allow the Sonoma County city to
continue its aggressive DUI enforcement, including DUI checkpoints and staking out repeat DUI offenders. |
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Napa County announced stepped up DUI enforcement for Halloween night, beginning at
7:00 p.m. Given Sonoma County's high-visibility "Avoid the 13" summer campaigns, Santa Rosa, Petaluma and Sebastopol residents
should also expect similar increased enforcement and DUI checkpoints during Halloween weekend. |
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More DUI testing problems in the North Bay: after problems were announced last spring
in Sonoma County's Santa Rosa testing laboratory, a breath machine used by Marin CHP suffered a "catastrophic failure"
in its electronics, raising questions about its accuracy in DUI cases where it was employed. |
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In a nod to immigrant rights groups, San Francisco police announced a new
policy of allowing unlicensed drivers to phone someone to retrieve their vehicle prior to impound. The City of Santa Rosa
and the Santa Rosa Police Department have been petitioned for similar changes meant to lessen the disproportionately
heavy economic burden on poor families who may lose the only source of income if a vehicle is impounded. |
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A third government toxicology lab this year is reported to have produced
incorrect lab results in criminal cases. Government toxicology labs test blood samples in DUI cases and produce
alcohol level numbers used against defendants in court. Another Southern California lab reported falsified results
last spring, and the Santa Rosa lab in Sonoma County also reported problems in early 2009. |
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Thanks to a $124,000 state grant, Napa County will begin DUI checkpoints and
courthouse driver license stings soon. Sonoma County has been operating such checkpoints, and license stings near
the Santa Rosa courthouse, for several years. |
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Sonoma County's CHP citations with court dates for October's third Wednesday of the month, when courts
are closed due to state budget constraints, failed to be corrected in about 40 traffic cases where those cited showed up
at the Santa Rosa courthouse without a lawyer only to be told to call for another court date. |
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John Roberts, the Chief Justice of the US Supreme Court, dissented from the court's denial
of review of a Virginia Supreme Court case which threw out a DUI arrest because the police didn't witness bad driving as
reported by an anonymous informant. Roberts wrote that "The imminence of the danger posed by drunk drivers
exceeds that at issue in other types of cases." He added that the court has
upheld drunken-driving policies "that might be constitutionally
problematic in other, less exigent circumstances." The dissent is in Virginia v. Harris. |
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President Obama's administration has directed its US Attorneys
and federal law enforcement such as the FBI and DEA not to "focus federal resources in your States on
individuals whose actions are in clear and unambiguous compliance with existing state laws
providing for the medical use of marijuana." The direction is contained in a
Justice Department Memo, and should ease concerns
by legitimate medical marijuana users in Santa Rosa and Sonoma County with regard to arrest and/or prosecution by
federal authorities. |
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A civil rights march by Chicago's
gay and lesbian community became a protest about
a MADD-decorated "DUI top cop," Richard Fiorito, who is the subject of
multiple federal civil
rights lawsuits, and reportedly a state criminal investigation, for allegedly making dozens of false DUI
arrests and targeting the gay community. Fiorito was only recently placed on
administrative leave after mounting criticism. Santa Rosa defense lawyers recently discussed similar allegations of homophobia and illegal targeting of DUI enforcement against gays with respect to a law enforcement officer in Sonoma County who regularly patrols at night in Guerneville's downtown area where several gay bars are located. |
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A Santa Rosa judge will reconsider the 12-year prison sentence he
handed to a 19-year old convicted of killing a Berkeley student and permanently disabling another in a DUI
crash. The DUI driver is the son of the Merced County District Attorney and the case has received widespread press coverage
in Sonoma County and around the country. |
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Governor Schwarzenegger vetoed a bill which would have extended California's
low cost insurance program (less than $375 per year), citing low use and effectiveness. Only 142 policies were sold in
Sonoma County since the program was established in 2007. The program will expire at the end of 2010. |
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Governor Schwarzenegger signed two bills into law on October 11, 2009, which will
increase the use of ignition interlock devices ("IID") which prevent a vehicle from starting if they detect alcohol on
the breath of operators. The first law, AB 91, is
a 6 year pilot program requiring IID's for persons convicted of a first DUI
in four test counties, Alameda, Sacramento, Los Angeles and Tulare. Sonoma County would not be included unless the
program is broadened to statewide use following the pilot period.
The second law, SB 598, will allow persons with multiple DUI convictions to obtain a restricted license sooner if they voluntarily install an IID. This law would apply to Sonoma County residents convicted of more than one DUI. IID installation centers in Santa Rosa, Sonoma County and the greater Bay Area may be found on the Links page of this site: Ignition Interlock Devices. Both laws have effective dates of July 1, 2010. |
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A Texas Department of Public Safety contractor was
sentenced on October 9, 2009,
to one year in prison for falsifying inspections records of DUI breath testing devices and pocketing $146,000.
She was responsible for machines in at least seven police
departments and reportedly signed off on approximately 4,000 test slips between 2002 and 2008 before being arrested. More
than 1,000 cases may be reopened. In February, 2009, questions were raised by the California State Attorney General regarding a technique used in Sonoma County's lab located in Santa Rosa, and a separate incident involving a Southern California lab, encouraging DUI defense attorneys to continue to closely examine all lab results used by government lawyers to prosecute DUI's. |
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Mothers Against Drunk Driving ("MADD") Canada is under fire for reportedly
spending only 19 cents of every dollar raised to support its mission to the
public, and for a CEO who won't reveal his salary.
Charitynavigator.org grades the
US MADD organization with just one star (out of four), meaning that MADD "fails to meet industry standards
and performs well below most charities in its cause." Activistcash.com states that MADD's "$46 million bureaucracy spends over $12 million in salaries, pensions and benefits alone each year," and criticizing MADD’s shift away from drunk driving to a prohibition-era focus on any drinking before driving -- regardless of whether it’s done responsibly and legally. |
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Fairfield, CA police deny 20 families the use of their vehicle as nine people are
arrested for driving without a license and eleven for driving on a suspended license during a DUI checkpoint. Similar
checkpoints and vehicle impounds have been taking place in Santa Rosa, Petaluma, Sebastopol and other Sonoma County
locations during DUI checkpoints. |
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A DUI conviction from Sonoma County or elsewhere can result in barring a US citizen
from entering Canada. |
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A soldier serving in Iraq was slapped with an arrest warrant for
failing to appear in court for a second DUI. |
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Redwood City will examine a controversy where a DUI checkpoint in front of a
community center housing an immigration services program was shut down after concern expressed by the San Mateo program
director. |
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New York may become the 12th state to require an alcohol detection device attached
to all DUI offender vehicles. Sonoma County may see such devices in Santa Rosa and elsewhere by 2016 if a similar law passes
in California. |
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Westchester County, NY is considering an ordinance which would allow its
law enforcement to permanently seize any vehicle used to commit a DUI. Vehicles are often impounded in Santa Rosa, Petaluma,
Sebastopol and other Sonoma County cities, but typically returned after certain time periods and payment of fees. |
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California may require first-time DUI offenders in certain counties, including
Alameda and Sacramento Counties, to install an ignition interlock alcohol detection device in their vehicles in a new pilot program which
could lead to a state-wide requirement for Santa Rosa, Petaluma and Sonoma County by 2016. |
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A Florida judge ruled that hairspray was the likely factor making the SCRAM
alcohol detection anklet trigger false positives for a DUI suspect on pre-trial
release. The SCRAM anklet was recently introduced to Sonoma County, at a Santa Rosa press conference, for use in
certain DUI pre-trial release and post-sentencing cases.
|
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A Mexican national deported in 2007 will be deported again following a
Texas DUI arrest. |
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Sonoma County law enforcement claimed 253 drivers were arrested for DUI during
the weeks leading up to and including Labor Day weekend, including daily DUI patrols throughout the county, 8 DUI checkpoints
in Petaluma, Santa Rosa, Sebastopol,
Rohnert Park, and in Geyserville at Lake Sonoma. The AVOID the 13 taskforce also
conducted an operation on Friday, August 28, 2009 where
officers from all 13 Sonoma County law enforcement agencies came together to conduct
DUI probation and parole checks, serve warrants on DUI offenders, and
then search for DUI drivers in the evening. |
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A Sonoma County traffic commissioner in Santa Rosa will decide a Petaluma
speeding ticket case pitting the accuracy of police radar against a defense attorney arguing the
reliability of GPS technology installed by parents to monitor
speed and location of their son. |
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|
Sonoma County CHP and local police
arrested 25 people in a Lake Sonoma
Labor Day weekend checkpoint in Geyserville, bringing the total Sonoma County arrest effort to 193 so far,
according to officials. |
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Two Sonoma County checkpoints in Rohnert Park during Labor Day weekend resulted
in 19 arrests out of 1,621 vehicles stopped, and 60 directed to further evaluations. |
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|
Sonoma County officials fear that state prison cuts will result in overcrowding
in the county's Santa Rosa jail facilities. |
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Police in Vista, CA reported 4 felony probationer DUI arrests in a license sting in San Diego
where police watch to see if suspended drivers appearing in court drive away after their appearances. Petaluma and
Santa Rosa police have been conducting similar stings in Sonoma County for several years. |
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Sonoma County Police reported 143 arrests in Petaluma, Santa Rosa and
Sebastopol since the start of the Labor
Day Holiday Campaign which began August 21st and concludes on September 7, 2009. Arrests from August 30 included
3 for DUI, and 9 for license issues. 9 vehicles were towed, and
9 were impounded for 30 days from unlicensed and suspended
drivers. 3 people were cited for open containers. There are additional checkpoints planned and DUI saturation patrols, DUI probation checks, and DUI warrant efforts for failure to go to court throughout Sonoma County. |
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On August 28, 2009, the Alaska Supreme Court overturned a state
law prohibiting defendants from arguing that, due to recent consumption, their alcohol level may have been over .08%
at the time of arrest but not at the time of driving. The court unanimously ruled that prohibiting the rising blood alcohol
defense denies defendants due process of law.
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Vallejo police announced a DUI checkpoint tonight, August 27, 2009, at an
undisclosed location between 6 pm and 11 pm. Sonoma, Marin and many other bay area counties have been conducting
DUI and license checkpoints since last weekend.
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Petaluma police arrested three different drivers charged with DUI, allegedly
involved in 3 different crashes in a two hour period on Tuesday, August 25, 2009 in Sonoma County.
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A California Appeals Court upheld the suspension of a Doctor's medical
license following four DUI arrests. |
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A 51-year old New Mexico man was reportedly arrested for his 22nd DUI incident on
August 24, 2009. He was alleged to have a .393% breath alcohol, nearly 5 times over the legal limit.
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Sonoma County's Santa Rosa and Petaluma Police Departments were busy with
DUI and license checkpoints during the August 21-23 weekend, arresting 3 people for DUI, 18 for license violations,
and impounding 16 vehicles. Citizen protests nearby tried to warn drivers who might lose their sole source of income, the
family car.
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Sonoma County's Santa Rosa Police Department announced upcoming
DUI checkpoints "beginning August 21st throughout the county." Santa Rosa Police will conduct a DUI/Drivers License
Checkpoint on Saturday August 22, 2009, "targeting those who still don’t heed the message" of zero tolerance.
Funding is from the California Office of Traffic Safety and the National Highway Traffic Safety Administration.
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Marin County law enforcement announced a series of
DUI checkpoints leading up to
the 2009 Labor Day Weekend. The first is planned for Friday, August 21 from 6 p.m. to 2 a.m. in San
Rafael, the second for Friday August 28 from 6 p.m. to 2 a.m. in Sausalito (exact locations unknown), and
the third for Friday September 4 from 8 p.m. to 1 a.m. on Red Hill Avenue at Ancho Vista Avenue in San Anselmo. In
addition roving DUI patrols are planned.
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Santa Rosa, Sonoma County and other north bay police aren't the only agencies
working against DUI's. Add Santa Clara, San Mateo, San Francisco, Contra Costa and Solano County law enforcement to the
list of police agencies planning DUI checkpoints and warrant enforcement at homes and businesses
around the bay area in the two weeks leading up to
Labor Day Weekend.
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Breath test results from one breath machine in Florida were ruled
inadmissible in DUI cases because a state inspector allegedly interfered with proper accuracy checks.
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According to Sonoma County CHP, on August 19, 2009, a Santa Rosa wife who stopped at the scene of
her husband's arrest for an alleged DUI accident was also arrested for alleged DUI.
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A 51-year old Petaluma man was
arrested on August 14, 2009, after allegedly being convinced to take a taxi home, then circling his truck twice
in the taxi while police staked out his vehicle. He reportedly has four prior DUI convictions and was on probation
for DUI.
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A 19-year old driver and his 17-year old passenger were both arrested for DUI
by Sonoma County CHP after Santa Rosa police responded to an accident scene in July, 2009, following an incident
where the passenger
allegedly grabbed the wheel of the car. The passenger was arrested
at the scene for felony DUI with injuries, and the driver days later for
misdemeanor DUI after police examined blood test results. |
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Phone scammers are reportedly telephoning family members and saying that your relative
was arrested for DUI, asking you to wire money for bail or lawyers. The scammers
apparently use personal information such as
names and relationships to seem credible. |
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Sonoma County CHP reported 29 DUI arrests in and around Santa Rosa over the August 7-9, 2009,
weekend
including 8 teenagers. Speculation on the reasons included hot weather, the last weekend of the Sonoma County Fair, and the
looming start of the school year. |
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Petaluma police checkpoints on Friday night, August 7, 2009, on
Petaluma Boulevard North at Metz Lane from 6 p.m. to 9 p.m., and on Petaluma Boulevard North at Oak Street
from 10 p.m. to 2:30 a.m., resulted in 5 DUI arrests and 10 other suspended or absent license arrests in Sonoma County,
according to the Petaluma Police Department. |
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Lake County will conduct its first boating sobriety checkpoint on Saturday,
August 8, 2009, from 2 p.m. to 6 p.m. between Buckingham Point and Anderson Island, using a 7-member Lake
County Sheriff’s marine patrol team with assistance from CHP, Fish & Game, and Sutter and Sacramento
sheriffs. |
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A 51-year old Arizona man was reportedly arrested on August 2, 2009,
in Farmington, New Mexico, for a 14th time for DUI. His
blood alcohol level was alleged to be .21% |
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A 25-year old Santa Rosa man reportedly drove through construction cones
and hit the back of a Caltrans truck near River Road in Sonoma County before being arrested for DUI on July 29, 2009. |
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A 46-year old Windsor woman was arrested in Sonoma County for an alleged fourth DUI, violation of
probation and suspended license on
July 28, 2009, after reported trying to drive the wrong direction on Highway 101 in Santa Rosa. |
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On the weekend of July 25, 2009, Sonoma County CHP arrested 20 people
for alleged DUI in incidents reportedly involving 2 accidents, 13 invalid licenses, and three violations of probation. |
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On Friday night, July 25, 2009, Petaluma police set up two DUI
checkpoints in anticipation of the arrival of the National Hot Rod Association's drag races at Sonoma County's
Infineon Raceway. |
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A court in China sentenced a 30-year old man to death for a fatal DUI
crash which killed
four people. |
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On July 20, 2009, the California Court of Appeals upheld a man's second degree
murder, gross vehicular manslaughter and hit and run convictions (43 year
prison sentence) in Sonoma County, stemming from an accident which killed a 39-year old Ukiah woman on US 101 in Windsor after the man had been
warned not to drive by the bartender and patrons. This was the man's 6th DUI. |
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The 9th Circuit of the Federal Court of Appeals ruled on July 16, 2009,
law enforcement may make a warrantless entry into a home without consent solely to obtain a breath or blood
sample and/or make a DUI arrest. |
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On July 15, 2009, Sonoma County Superior Court Judge Ken Gnoss sentenced
the 18-year old son of the Merced County District Attorney to 12 years in prison for a fatal Rohnert Park DUI
crash following a fraternity party, marijuana, a fake ID, and beer from Safeway, ultimately leading
to tragedy in many lives. |
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The California Supreme Court
ruled on July 9, 2009, that evidence may be introduced regarding
whether breath machine results were accurate as to an individual defendant (rather accepting the general assumptions pre-programmed
into the machine) in the generic DUI charge (although not in the second, .08% charge). |
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Sonoma County's "Avoid the 13" law enforcement agencies reported 49
DUI arrests over the 2009 July 4th weekend during "saturation patrols" in
Petaluma, Santa Rosa, Sonoma, Rohnert Park, Cotati, and Sebastopol. |
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On Saturday night, June 27, 2009, and Sunday morning, Petaluma police
reportedly staked out a DUI probationer and arrested him on a warrant and driving on a suspended license, while
four more DUI arrests happened elsewhere in the city with two unrelated alleged hit & run's
and two other routine traffic stops. |
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On June 25, 2009, the U.S. Supreme Court ruled that defendants
have the right to require state lab analysts to testify in person regarding results of blood or other chemical
test results used as a basis for prosecution. |
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Car and Driver study shows texting while driving is substantially more
dangerous than driving under the influence of alcohol, at .08%. |
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On Friday night, June 26, 2009, Santa Rosa police arrested four people
in the downtown Santa Rosa area for DUI, violation of probation for DUI, or public intoxication, in a "targeted"
enforcement effort reportedly aimed at decreasing problems associated with alcohol in the downtown area. |
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On Friday night, June 19, 2009, Petaluma police arrested 11
people for DUI (including one violation of DUI probation) in Sonoma County, and impounded 11 vehicles
from suspended and unlicensed drivers, in checkpoints at two different locations
on Lakeville Highway between 10 p.m. and 2:30 a.m. |
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Sonoma County law enforcement lying in wait arrested
ten people on June 11, 2009, as they drove off from court appearances in Santa Rosa. Allegedly all had suspended
licenses and nine of the ten had been suspended for DUI. |
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Petaluma police arrested a 40-year old woman on June 9, 2009. She allegedly
ignored pleas not to drive, left a Round Table pizza parlor and rear-ended two cars, later testing at 0.50% BAC,
more than six times over the legal limit. |
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The Northern California ACLU and others urged San Francisco to revise its
vehicle impound laws in a comprehensive memo to the Chief of Police and the City Attorney, outlining the law and
sociopolitical concerns. Defense lawyers and others in Sonoma County are seeking similar revisions with respect to the Santa Rosa Police Department, although DUI impounds are not expected to be affected in any event. |
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On May 29, 2009, Sonoma County CHP reportedly arrested the 53-year old
director of the Sonoma County DUI Program for allegedly being under the influence of prescribed
meds, all after an off-duty firefighter reportedly spotted a Mercedes-Benz driving recklessly
on Bodega Highway and flagged down a deputy sheriff, who in turn called CHP to the scene.
The man stated he was able to operate his vehicle safely. |
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Petaluma police reportedly boast of harassment of DUI offenders, identifying
and targeting them, surveillance at home and work, tailing them, as part of state-funded program with 12 convictions so far. |
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A 45-year old man in Monroe, PA, charged with vehicular manslaughter and DUI allegedly causing the
death of a state senator, reportedly drove to court for his wife's unrelated assault charges and was
breath tested with an alleged .10% blood alcohol. A judge revoked the man's bail, remanding him to custody.
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A 52-year old doctor in Lodi, CA, had his medical license suspended after
an alleged 5th DUI and driving with a suspended driver license. His brother's medical license was also reported
suspended for allegations of DUI, unprofessional conduct and drug use.
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On May 5, 2009, a California Court of Appeal reversed a methamphetamine DUI conviction,
ruling that the government must prove not only that a person is under the influence of meth, but also that
meth impaired driving ability to the degree that the driver could not operate a vehicle in a prudent and cautious
manner.
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4,148 vehicles were stopped in a series of police roadblock
"DUI Checkpoints" in Petaluma on Friday and Saturday nights of Memorial Day Weekend, 2009. Eight DUI
arrests were made, and ten vehicles were towed from alleged suspended or unlicensed drivers.
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A recent study in Denver suggests that one in three people
arrested for DUI are repeat offenders with at least one prior DUI conviction. One in six people arrested have more
than three priors.
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A 26-year old Windsor man was critically injured in
a suspected DUI on April 30, 2009, when he crashed his motorcycle into the rear end of a FedEx truck
on Shiloh Road. Sonoma County police reported that he had a blood alcohol level of 0.21%.
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On April 21, 2009, the US Supreme Court ruled that a warrantless vehicle
search incident to arrest is only permissible if the officers reasonably believe an arrestee could gain access
to the vehicle to obtain weapons to harm the officers or to destroy evidence related to the basis of the arrest.
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A Washington jury awarded a seriously injured woman $5.5 million, finding
the county negligent in giving a drunk her car keys after arrested for a new DUI without checking whether a previously ordered
ignition interlock device had been installed.
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A 55-year old Petaluma woman was arrested by Sonoma County police for felony DUI on April 19, 2009,
after allegedly backing her car onto River Road from Stumptown Brewery near Guerneville and hitting an oncoming motorcyclist, a 53-year old
Vallejo woman who suffered moderate injuries.
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An 18-year old Petaluma man was arrested by Sonoma County police for felony DUI on April 12, 2009,
after allegedly crashing his car into a wall and tree on North McDowell Blvd., injuring one of three passengers.
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Police in Sonoma County tasered a man on April 10, 2009, and then arrested him for DUI and resisting, after a
car crash on Highway 101 outside Santa Rosa near Cotati. |
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President Obama's intended man to head the National Transportation Safety Administration (NHTSA),
a main anti-DUI agency, withdrew his name amid criticism. He is the chief executive officer of Mothers Against Drunk Driving. |
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A 28-year old woman, with an alleged .34% blood
alcohol concentration DUI, appeared for her case in court near Atlanta, Georgia.
Apparently, she had alcohol on her breath. The judge issued a bench warrant for contempt of court
and she was taken to jail for two days. |
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Both Northern and Southern California government toxicology
laboratories, which test blood and other samples submitted by police who make DUI and drug arrests, report irregularities
and problems. Their test results are the ones used against defendants in court. |
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A 35-year old Santa Rosa man with 3 prior Sonoma
County drunk driving convictions was sentenced in Santa Rosa on April 3, 2009, to 9 years 8 months in prison
for a felony fourth DUI involving serious injuries to two young sisters. |
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On March 27, 2009, a California Court of Appeals reversed a DMV DUI suspension
where the DMV relied upon improperly recorded blood test results and inadmissible preliminary breath test results. |
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The 18-year old son of the Merced County District
Attorney was charged with felony DUI following a crash on February 14, 2009, that allegedly killed a
22-year old driver in Santa Rosa. |
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DUI charges against a man were dropped after it was discovered that the government mistakenly read blood alcohol tests. |
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A 19-year old Santa Rosa man was arrested for DUI on
January 30, 2009, after giving chase, crashing his vehicle, fleeing, and then
tasered, all starting
when Santa Rosa police saw the driver using his cell phone and chose to make an enforcement stop,
according to reports. |
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A 25-year old Petaluma man was arrested for felony DUI on January 22,
2009, allegedly causing a crash on 101 in Sonoma County by trying to pass a vehicle on the shoulder of the freeway.
Allegations include violation of probation for a prior DUI and driving on a suspended license. |
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A 35-year old Santa Rosa man, who was arrested January 3, 2009, for an alleged DUI involving
reportedly serious injuries to two young sisters, allegedly has three prior Sonoma County drunk driving convictions. |
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See the newest DUI and traffic laws for 2009. |
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Local media pushes for more Sonoma County DUI sentences to include court-ordered installation
of ignition interlock devices. |
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Six more states now require first-time DUI offenders to install ignition interlock
devices. |
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The Fifth District Court of Appeals in California ruled on June 26, 2008, that
if a person does not reasonably know the intoxicating effects of prescribed medications, then a jury may conclude that
the person is innocent of DUI. |
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A 52-year old Santa Rosa woman involved in a three-car pile-up December 29, 2008, on Highway
12, which killed herself
and an elderly woman, was allegedly wanted on a Sonoma County warrant for driving without a
license and reportedly had four prior DUI convictions. |
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A 19-year old Santa Rosa woman was sentenced by a Sonoma County Judge on December 22, 2008, to 10 months incarceration and four years of probation
for a DUI incident which badly injured another woman in Windsor. |
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The California Court of Appeals ruled in June, 2008, that the DMV cannot suspend
a driver license due solely to a boating DUI conviction. |
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The California Court of Appeals ruled in
March, 2008, that
an area of private property that is not open to common or general use is not public for purposes of California
Penal Code Section 647(f), commonly known as "drunk in public." |
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On June 18, 2007, the US Supreme Court ruled that a passenger
may challenge the warrantless stop of a vehicle on Fourth Amendment grounds to suppress evidence later found
in his possession.
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The California Court of Appeals ruled in
May, 2007, that an officer who sees a "vehicle was weaving in Lane #2," and was "traveling at about the speed limit" when it
"almost hit the west curb" provides sufficient observations to support a valid initial detention to investigate. |
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The California Court of Appeals ruled in February, 2007, that
police may stop a vehicle based on an anonymous tip that a "driver is all over the road" or an assault. |
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Lawyers for the California Police Officers' Association warned agencies to seek
legal advice in light of the Ninth Circuit Federal Court of Appeals ruling below regarding vehicle impounds, stating that
the Miranda decision "does appear to impact upon an officer's authority to have a vehicle towed." |
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The Ninth Circuit Federal Court of Appeals ruled in November, 2005, that
police may not impound a vehicle solely because a driver is unlicensed. |
Sonoma County DUI
and Santa Rosa DMV
Telephone Consultations Always Free
5 a.m. to 6 p.m. Every Day
CONTACT US:
PHONE: (707) 480-3383
FAX: (707) 635-8218
Or click here to E-MAIL
JAKE
Dave Jake Schwartz * Attorney At Law
* PO Box 5604 *
Santa Rosa, CA 95402
California State Bar No. 138607

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