Articles Posted in Dui

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Being arrested for driving under the influence in Orange County can be stressful, especially if it is during a DUI sobriety checkpoint. As a DUI offender, you are looking at consequences such as heavy fines and lengthy license suspensions. As a multiple DUI offender, you could be facing severe consequences that could include jail time. The only way to get the best representation during both the DMV and criminal court process is to have an experienced Orange County Drunk Driving Lawyer who knows the laws.

This upcoming weekend, Orange County will be conducting at least two DUI sobriety checkpoints, with the potential of others that have not yet been announced. In San Juan Capistrano, residents can expect a DUI sobriety checkpoint to occur on Friday, September 23rd between the hours of 6:30pm and 2:30am as well as in Costa Mesa on Saturday, September 24th from 6pm until 2am. Both of these locations are currently undisclosed, meaning that they will be occurring within the city limits but arresting officials are not providing the exact cross streets or location.

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An award-winning non-profit organization, RADD, or The Entertainment Industry’s Voice for Road Safety, led a press conference and awards ceremony at the University of California, Irvine to commemorate two grants that focus on college communities and local bars and restaurants.

RADD is dedicated to promoting road safety including minimizing DUI-related accidents as well as rewarding non-drinking designated drivers and cab riders. The organization, which was founded in 1986, is known for the phrase “Friends Don’t Let Friends Drive Drunk” and team ups with celebrities and media partners to get its message across all age groups.

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More DUI checkpoints are in store for Orange County drivers. Law enforcement has received a grant from the California Offices of Traffic Safety  to conduct more DUI  and valid driver’s license checkpoints.

Drivers with any amount of alcohol in their systems and unlicensed drivers should beware, as should those not wanting to get stuck in serious traffic jams.

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A 27-year old Orange County man is being arraigned on driving under the influence and murder charges after he allegedly caused a DUI-related accident that killed his 20 year old nephew.

Apparently, the alleged driver, Tapu Aniceto Sitagata, was drinking with a group of friends and family members when they were asked to leave the bar after becoming too rowdy. While still in the bar’s parking lot, both the bartender and a local arresting officer offered to call a taxi to take the group home. Sitagata and his friends refused, claiming a taxi cab had already been called.

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In the last several weeks, Orange County has had more than its share of DUI sobriety checkpoints and DUI roving patrols. While most of these DUI checkpoints are announced prior to their commencement, it is not unusual for the location to be undisclosed or for the announcement to arrive literally moments before the checkpoint will be conducted.

During a recent anti-DUI campaign called “Avoid the 38”, officers were on the hunt for motorists who were driving under the influence of alcohol and or drugs and their efforts proved to be fruitful. According to released statistics, over 856 people were arrested for driving under the influence in Orange County during the two week stint that started on August 19th and ended on Labor Day, September 5th.

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It is not illegal to drink and drive. It is illegal to drive if your blood alcohol content is at a concentration of .08 or above. It is illegal to drive under the influence of alcohol or drugs such that you can’t operate your car with the caution and care of a sober person. Unless you have previously been convicted of a DUI offense, however, it is typically not illegal to drive after a couple of drinks. This article is aimed at those drivers—those who drive after having had some alcohol, but are nevertheless afraid that they could erroneously be prosecuted for driving under the influence.

Before You Drive

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Getting arrested for a DUI or DWI in Orange County can be one of the scariest moments of your life. In the confusion of having to perform field sobriety tests, take a blood alcohol test and being taken to jail, you may not have noticed the pink sheet that the officer gave you if and when he confiscated your driver’s license. That pink sheet of paper serves as your temporary license and has an important warning: “You must call the DMV to schedule a hearing within 10 days of your arrest”.

Why is this so important? When you are arrested for a DUI or DWI, there are two agencies that prosecute you– the state (meaning the District Attorney’s office or City Attorney for those living in Anaheim) and the DMV. The state can impose penalties such as jail, fines, classes, community service and probation. The DMV imposes an additional penalty- it tries to suspend your driver’s license.

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After several days this headline continues to highlight the front page of ocregister.com. Reader’s comments are scathing with “get rid of her now- she is a cancer in that department” and “this little piggy won’t be able to driver for 1 year” ** being among the most caustic. I feel for Monica Aguilar, who was was pulled over around 9:25 p.m. on the eastbound 10 Freeway in Los Angeles, according to the California Highway Patrol. Although originally stopped for tinted windows, officers suspected intoxication, gave her field sobriety tests and tested her blood alcohol concentration (BAC), which came in above .08, the legal limit. She was booked into jail and later released.

I feel for her because in addition to the court and DMV’s onerous penalties that come with a DUI conviction, severe public condemnation like the comments above and employment consequences (she may very well lose her job over the arrest), she may not receive the due process that each and every one of us are entitled to. Her case will no doubt receive special attention from prosecutors and judges and valid defenses will be cast with an air of suspicion. Imagine if her attorneys reviewed the blood alcohol machinery’s calibration logs and found that the machines were not properly calibrated and concluded that her blood alcohol result cannot be trusted (a common practice of DUI lawyers.) What juror is not going to say to himself “she’s only arguing this technicality because she’s a police officer and she knows the ropes?” Demanding accurate evidence before depriving someone of their liberty is something that we should want for each of us, even police officers.

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