News

News About DUI's in Sonoma County, the North Bay & Around the World

• Colorado Rejects Pot DUI Maximum Levels for Third Time

  On May 15, 2012, the Colorado legislature again failed to pass a law establishing maximum DUI levels of THC (the main psychoactive ingredient in marijuana). Although the Colorado House passed the measure, establishing a limit of 5 nanograms per milliliter of blood, the Colorado Senate fell a single vote short, and the bill failed for a third time.

  According to the National Conference on State Legislatures, Nevada and Ohio establish a DUI threshold of 2 nanograms of illegal substances per milliliter of blood, and Pennsylvania's administrative law establishes the level at 5 nanograms, while the following 12 states do not allow any presence of a prohibited drug or substance in a driver's body when behind the wheel: Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Pennsylvania, Rhode Island, Utah and Wisconsin. The State of Washington will consider a 5 nanogram DUI level in a ballot measure later this year. A similar bill in California, AB 2552 would have provided that any level of "cannabinoids or synthetic cannabinoid compound" found in a driver's blood or urine, up to three hours after a traffic stop, would be considered a DUI, but the bill was later amended to exclude medical marijuana patients; the DUI bill's future is now uncertain.

  According to one Santa Rosa DUI attorney, good Sonoma County DUI lawyers would likely object to any objective level similar to alcohol DUI standards because there is no proven relationship between impaired driving and the presence of cannabinoids in blood. Such a law would make DUI drivers out of all marijuana users, clearly not intended by the people of the State of California when the Compassionate Use Act was passed years ago, said a Santa Rosa DUI lawyer, adding that "such additional minimum THC laws are absurd; impaired DUI driving under the influence of drugs has been illegal in Sonoma County and elsewhere for decades, and when the voters passed Prop. 215, they didn't mean to say, 'oh, you're ill, here's some medicine, but you can never drive again, even if you don't feel impaired four hours later.'" See News Article...

• US Supreme Court Upholds Jail Strip Searching for Any Type of Arrest

  On April 2, 2012, the US Supreme Court ruled 5 to 4, in Florence v. County of Burlington, that a New Jersey county jail did not violate the constitutional rights of a man who was wrongfully arrested for an outstanding traffic fine he had already paid, and twice strip searched during the jailing process.

• To the dismay of good Sonoma County DUI attorneys, who handle traffic offenses on a daily basis for low level offenders, the majority decision stated that maintaining safety and order at detention centers requires the expertise of correctional officials, who must have substantial discretion to devise reasonable solutions to problems; a regulation impinging on an inmate's constitutional rights must be upheld if it is reasonably related to legitimate penological interests, and while limiting strip searches to only serious offenders would limit the intrusion on the privacy of some detainees, it would be at the risk of increased danger to everyone in the facility, including the less serious offenders.

• The decision is expected to receive wide criticism from Sonoma DUI lawyers and criminal defense attorneys across the country who would agree with the dissenting opinion in this case which stated that such a search of an individual arrested for a minor offense that does not involve drugs or violence—say a traffic offense, a regulatory offense, an essentially civil matter, or any other such misdemeanor—is an unreasonable search forbidden by the Fourth Amendment, unless prison authorities have reasonable suspicion to believe that the individual possesses drugs or other contraband.

  Sonoma County DUI lawyers would agree with the dissenting opinion, pointing out that rather than considering the broader purposes of strip searching inmates generally, the application of such a personally invasive practice to this one individual arrested (wrongfully) for a simple failure to pay a traffic fine, is patently offensive to the reasonable mind, said one Santa Rosa DUI attorney. Read News Article... Read Court Case

• Ninth Circuit Upholds DNA Swabs of All Felony Arrestees

  In a result questioned by Sonoma County DUI lawyers and criminal defense attorneys across the state, on February 24, 2012, the Ninth Circuit Court of Appeals ruled, in Haskell v. Harris, that the police may follow the requirements of a 2004 voter initiative, Prop 69, and perform a DNA swab on any and all persons who are arrested on suspicion of a felony offense.

• The concern of defense attorneys was voiced by the dissenting opinion in this case, "DNA samples are not taken from felony arrestees under Proposition 69 in order to identify them. Rather, they are taken solely for an investigative purpose, without a warrant or reasonable suspicion. The taking of DNA samples from arrestees solely for that purpose is invalid under Hayes, Davis, Ortiz-Hernandez, and Garcia-Beltran." However, the majority opinion of the Court held that, "Given the arrestee's diminished privacy interests; the de minimis nature of the physical intrusion entailed in the taking of a buccal swab; the carefully circumscribed scope of the DNA information being extracted; the stringent limits on the manner in which that information may be used; and the wellestablished law enforcement interest in obtaining arrestees' identifying information, and further, to deter future criminal acts and to exculpate innocent arrestees—the balance of interests tilts strongly in favor of upholding the constitutionality of the 2004 Amendment."

  Sonoma County DUI lawyers would agree with the dissenting opinion, that the broader purposes of the practice are beyond the scope of the arrest and allow too wide and impermissible a fishing expedition without a warrant or probable cause, said one Santa Rosa DUI attorney, adding, "that's what warrants are for." Read News Article... Read Court Case

• iPhone App Claims to Approximate Blood Alcohol Levels

  An iPhone app company has released the BreathalEyes BAC Scanner, which claims to approximate an intoxicated individual's blood alcohol content (BAC), anytime, and anywhere, by scanning the eye to detect and analyze Horizontal Gaze Nystagmus (HGN) within an effective range of .02% to 0.17% with an inherent error rate of +/- .02%. Although the company states that the app is for entertainment purposes only, they appear to believe in the science behind the technology.

  According to one Santa Rosa DUI attorney, Sonoma County DUI lawyers would likely encourage use of any device or technology which may discourage people from driving under the influence, but would also warn against individuals, or the police, relying on just one "scientific" test claiming to objectively measure highly subjective and unique aspects of mental impairment in a single individual.

  The historic research behind HGN (HGN is the involuntary jerking of the eyes occurring as the eyes gaze toward the side) indicates that it is accurate 77% of the time in detecting BACs above 0.10%, and therefore there is a significant inherent error rate in the science itself before even considering the error rate of the device employing the science. But the app assumes that the test is being conducted on only those who have consumed alcohol, which can reduce the above scientific error rate since HGN can be caused by factors other than alcohol impairment (such as certain brain conditions and certain medications).

  Further, standard HGN testing for DUI detection and arrest requires searching for three different cues, smooth pupil tracking of a moving object, onset of HGN prior to 45 degrees, and distinct and sustained nystagmus at the extreme side viewing; there is no moving stimulus (a pen or finger, or iPhone) used with this app, but rather the subject moves his eyes without a smoothly conducted guide, nor is it apparent from the company's description if all three of the above components of accepted HGN testing are included in the app technology. Further, at least two of the above components must be present to properly conclude that the subject is likely above 0.10% BAC; it is not clear from the company's description if this requirement is included in the app technology.

  Finally, correct HGN testing in the DUI arrest context of concern to Sonoma County DUI attorneys requires that HGN testing be performed with strict adherence to proven standards such as holding the stimulus 12-15 inches in front of the subject slightly above eye level, and observing the extreme view for at least 4 seconds, none of which appears to be required with this app, said one Santa Rosa DUI lawyer, who also pointed out that HGN testing was not designed to provide a specific BAC number like the app gives, but rather simply to indicate likelihood of impairment without a certain BAC level. Nevertheless, the app appears to be a fun and instructional device. See News Article... See iTunes App

• US Supreme Court Declares Warantless GPS Location Devices Unconstitutional

  In a result applauded by Sonoma County DUI lawyers and criminal defense attorneys across the country, on January 23, 2012, the US Supreme Court ruled, in US v. Jones, that the Government's warrantless attachment of a GPS device to a vehicle, and its use of that device to monitor the vehicle's movements, constitutes an illegal search under the Fourth Amendment.

• In this case, FBI agents involved in a drug investigating installed a GPS tracking device on the undercarriage of a Jeep while it was parked in a public parking lot. Over the next 28 days, the Government used the device to track the vehicle's movements, and once had to replace the device's battery when the vehicle was parked in a different public lot in Maryland. By means of signals from multiple satellites, the device established the vehicle's location within 50 to 100 feet, and communicated that location by cellular phone to a Government computer. It relayed more than 2,000 pages of data over the 4-week period. The trial court held the data was admissible against the defendant, holding that a person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.

  The US Supreme Court reversed that ruling. The majority opinion held that the 4th Amendment protects against the tresspass which was the placement of the device onto the private property of the driver. The concurring opinion agreed that the GPS device was illegal without a warrant, but based its ruling instead on finding that "the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy. For such offenses, society's expectation has been that law enforcement agents and others would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual's car for a very long period." Sonoma County DUI lawyers would adopt both approaches, as one Supreme Court Justice seemed to, in order to give the utmost protections to citizens against unreasonable intrusions and illegal arrests by police, said one Santa Rosa DUI attorney. Read News Article... Read Court Case

• Private Art & Wine Event Hires 2 CHP Officers to Hunt DUI's

  Officials of a touristy wine road type event in Sonoma County reportedly hired 2 CHP officers to patrol event roads, keeping a lookout for possible DUI arrests. The 20th annual "Winter Wineland" weekend event, described as an "Art, Wine and Education" tour of 140 northern Sonoma County wineries, had advance ticket sales indicating at least 5,000 people attended the event's 2-days of wine tasting on January 14 and 15. Wineries were open from 11 a.m. to 4 p.m. both days, and CHP officers were hired to patrol surrounding roadways in Healdsburg and Geyserville from Noon to 6 p.m. each day at a cost of $66 per hour, according to CHP.

• Sonoma County DUI lawyers would undoubtedly be curious as to whether event organizers, presumbably motivated by laudable public safety goals, notified event goers with sufficient volume prior to the event regarding the presense of extra, dedicated CHP officers, so that attendees would not feel unduly betrayed if later harrassed by hired police officers for failing to perfectly negotiate the curvy picturesque roads of Sonoma wineries, driving over a fog line, rolling a stop sign, or no front license plate on that fancy car; a few might have found themselves arrested for DUI in Healdsburg or Geyserville, when found to have those "objective symptoms of intoxication," an odor of alcohol and red and watery eyes (yep, that's actually the law), said one Santa Rosa DUI attorney. Thanks for coming out to support Sonoma County wineries; here's your ticket for expired tags, and you're under arrest for DUI... Read CHP Article... Read Event Article

• Appeals Court Rules DUI Breath Machine Mouthpiece May Be Tested For DNA Without Warrant or Consent

  On October 28, 2011, the California Second District Court of Appeals ruled, in People v. Thomas, that saliva left on a mouthpiece of a PAS alcohol screening device during a DUI investigation may be preserved and tested for DNA sampling later by police without warrant or consent.

• The court held that the "defendant in this case had no privacy right in the mouthpiece of the PAS device, which was provided by the police, and he abandoned any expectation of privacy in the saliva he deposited on this device when he failed to wipe it off. Whether defendant subjectively expected that the genetic material contained in his saliva would become known to the police is irrelevant since he deposited it on a police device and thus made it accessible to the police. The officer who administered the PAS test testified that used mouthpieces are normally discarded in the trash. Thus, any subjective expectation defendant may have had that his right to privacy would be preserved was unreasonable." The court further held that, "The saliva defendant deposited on the PAS device, in which defendant could claim no right to privacy, was a mere incident to the PAS test. It was not the material collected for the limited purpose of the implied consent statute, and its subsequent testing was not dependent on defendant's express or implied consent," and that "Defendant was not misled about the fact that he was dealing with the police in the context of a possible criminal investigation, or that he was providing a breath sample by placing his mouth on police equipment." Read Court Case

• Sonoma County Police Agencies Land $900,000 for 2012 DUI Arrests

  The California Department of Transportation Office of Traffic Safety awarded nearly $900,000 to local Sonoma County police agencies which will allow on-going DUI police enforcement activities through September, 2012, according to a Sonoma County DUI lawyer.

  The Santa Rosa Police Department was awarded $235,370 to specifically target motorcycle safety, DUI offenders, drivers with suspended or revoked licenses, red light running, speeding, and seatbelt violations. The grant money will be spent on DUI/driver license checkpoints, special enforcement operations (presumably "roving patrols"), and court stings where officers lie in wait for DUI offenders with suspended or revoked driver's licenses who drive after leaving court. The grant also provides drug impairment training for drug DUI arrests, paying for four officers to receive specialized training designed to detect impaired drivers under the influence of legal and illegal drugs. Santa Rosa Police Department Press Release...

  The Petaluma Police Department was awarded $356,000 to purchase new equipment and fund overtime for increased special traffic enforcement, specifically targeting bicycles and pedestrians, motorcycle safety, unsafe speed, and DUI enforcement, including efforts to monitor "habitual DUI offenders," DUI/driver license checkpoints, DUI warrant service operations, DUI probation and parole checks, stakeouts of habitual DUI offenders, and court stings. The grant also funds a new traffic motorcycle officer for one year and a police motorcycle. Petaluma Police Department Press Release...

  Avoid the 13, Sonoma County's coordinated anti-DUI effort with the county's 13 police agencies, landed an additional $300,000 to pay for more DUI checkpoints and "saturation patrols," particularly during the four holiday periods of Memorial Day weekend, July 4th weekend, the two weeks leading up to Labor Day and the last two weeks of the year including Christmas and New Year's. Avoid the 13 includes police agencies from Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor, Sonoma County Sheriff's Department, Sonoma County Probation Department, Sonoma State University police, Santa Rosa Junior College police, state Department of Alcohol Beverage Control, CHP and State Parks, as well as Mothers Against Drunk Driving. Full Avoid the 13 story...

  Sonoma County DUI attorneys continue to question the wisdom of such massive funding for one crime at the expense of other appropriate enforcement activites which could be aimed at gangs, domestic violence, elder abuse and white collar crimes, said one Santa Rosa DUI lawyer.

• Santa Rosa Jury Awards Woman $1.2 Million for Speeding CHP Crash

  On October 27, 2011, a Sonoma County jury awarded a woman $1.2 million after finding a 24-year old CHP officer, and son of a sitting Sonoma County Superior Court judge, acted negligently, resulting in a 2009 crash on Highway 12 near the Sonoma County Fairgrounds. The crash caused the woman permanent facial disfiguration.

  The officer was driving a brand new patrol car at more than 104 mph, with a 19-year old Explorer scout in the front seat, after receiving a vague dispatch call about people in baggy clothing gathering outside the Santa Rosa DMV. The officer was worried about gang activity at the DMV, but it later was determined the gathering was of middle school children practicing for a dance event, a fact which was not revealed during the trial. CHP is one of the chief state agencies tasked with DUI enforcement, and education and prevention around safe driving habits, encouraging people to call 911 on neighbors they suspect of DUI, and often warning drivers in risky conditions to "slow down and leave early." Read Full Story...

• Law Eases Vehicle Impounds at DUI Checkpoints

  On October 9, 2011, Governor Brown signed a new law, AB 353, which prohibits Sonoma County police from freely impounding vehicles at DUI checkpoints when the only violation is failure to have a valid driver license.

  According to one Sonoma DUI lawyer, some police agencies and local governments have been accused of improperly using DUI checkpoints to raise millions in revenue from impounds (and sales) of vehicles, as well as related towing contracts, and many immigrant rights groups have alleged that such checkpoints unfairly target illegal immigrants who do not have a driver's license. Because cities could hold cars taken from unlicensed drivers for 30 days, the accumulated impound fees can turn out to be more than the car is worth, resulting in some families losing their sole means of transportation for employment and life necessities.

  Santa Rosa DUI attorneys say that the new law prohibits police from impounding a vehicle at a sobriety checkpoint, if the driver's only offense is the failure to hold a valid driver's license. Instead, the police are required to make a reasonable attempt to identify the registered owner of the vehicle in order to release the vehicle to the registered owner if licensed, or to a licensed driver authorized by the registered owner. If no such driver is identified and the vehicle is impounded, the new law requires that the vehicle shall be released to the registered owner or his or her agent at any time the facility to which the vehicle has been removed is open, upon presentation of the registered owner's or his or her agent's currently valid driver's license and proof of current vehicle registration. Full Text of AB 353...

• Cops Honor Their Own: Petaluma's DUI Enforcement Efforts

  The California State CHP Commissioner named the Petaluma Police Department the top agency among the many thousands in the state participating a "California Law Enforcement Challenge," and for the fourth time, the top police agency to combat impaired driving. Petaluma Sergeant Ken Savano (leads the traffic enforcement team and the "Avoid the 13" county-wide anti-DUI effort) was honored for his DUI efforts.

• At least one Sonoma County DUI defense attorney described the self-congratulatory ceremony as "law enforcement awarding themselves for winning lots of state grant money, keeping cops employed and trying to arrest lots of people." Full Article...

• Smart Phone App Quietly Records Police Encounters

  Over 50,000 people have downloaded the Cop Recorder app (iOS and Android) which provides users with the ability to record audio encounters with police and then upload the recording to OpenWatch, "a participatory citizen media project aiming to provide documentary evidence of uses and abuses of power." The OpenWatch website states that "The recent ubiquity of mobile telephones with media recording capabilities and the ability to run any software the users chooses gives the public a very powerful tool. Now, we are all equipped to become opportunistic journalists. Whenever any of us come in contact with power being used or abused, we can capture it and make it become part of the public record. If we seek truth and justice, we will be able to appeal to documentary evidence, not just our word against theirs. Ideally, this will mean less corruption, more open government and a more transparent society." Full Article...

• BUI Checkpoints Before July Fourth Weekend

  Northern California should expect to see BUI (Boating Under the Influence) checkpoints at local recreational lakes in Napa, Sonoma and Mendocino counties. Such checkpoints are held nationwide each year, just before the Fourth of July weekend, in conjunction with the "Operation Dry Water" effort started in 2009 by the National Association of State Boating Law Administrators in partnership with the United States Coast Guard, touted as a successful effort to draw public attention to the hazards of boating under the influence of alcohol and/or drugs. One such checkpoint was annnounced for Saturday, June 25 at Clear Lake, conducted by the Coast Guard, with assistance from the Lake County Sheriff's Marine Patrol, California State Parks and the California Department of Fish and Game. Full Lake County Article... Full Sonoma County Article...

• Two Teen DUI Arrests in One Week in Napa & Mendocino Counties

  Two teen DUI arrests occurred in the same week in Napa and Mendocino Counties. In Mendocino County, a 16-year old was arrested for alleged DUI on Monday, June 13, at 12:30 a.m. after Jensen's restaurant employees called police claiming that three kids skipped out on a meal tab. The other two, both 17-year olds, were also charged with alleged theft of the restaurant meal and an earlier alleged theft of beer in Calpella. In Napa, an 18-year old was arrested after he allegedly failed to stop for a claimed equipment violation near Carmel and Pinewood Drive on Friday, June 17, at 1:00 a.m. His vehicle was abandoned after a short pursuit, and the teen was later found and subsequently booked on suspicion of DUI, and allegations of evading, driving on a suspended license, resisting arrest, assault on medical staff, and three counts of probation violation.

• Appeals Court Rules Sonoma Sheriff's deputies Illegally Entered Private Property, Reverses Cultivation Conviction

  On June 15, 2011, the California First District Court of Appeals ruled, in an "unpublished" opinion (meaning there is no precedent value) in People v. Doolaege, that Sonoma County Sheriff's deputies illegally entered defendants' property: "A person who surrounds his back yard with a fence, and limits entry with a gate, locked or unlocked, has shown a reasonable expectation of privacy for that area. The area is protected from unreasonable government intrusion, or a warrantless search, unless the circumstances excuse the warrant."

• The court reversed the Sonoma County trial court's denial of a suppresion motion which had argued the illegal entry and subsequent search, and reversed the conviction for unlawful cultivation of marijuana (Health & Saf. Code, § 11358). According to one Santa Rosa DUI lawyer, "Although this is an unpublished opinion, and therefore of limited value defending against similar law enforcement transgressions in other cases, still the message of the case, reinforcing our privacy rights against the police, can and should be impactful here in Sonoma County." Full Article... Read Court Case

• Napa, Sonoma, Mendocino Residents Stopped by Police for Minor Traffic & Equipment Violations, Arrested for DUI & Marijuana Charges

  A recent number of DUI and drug arrests in Sonoma, Napa, and Mendocino Counties have highlighted the risk to drivers of minor equipment violations such as broken tail lights, tinted windows, no front license plate, or minor traffic violations such as failure to signal, rolling stops, and speeding, as residents of the North Coast and Wine Country are stopped by CHP and local law enforcement for such reasons and find themselves arrested for DUI and possession of marijuana and other drugs.

• Local DUI defense attorneys caution people against driving unsafely, or under the influence, or possession of illegal drugs, but also warn everyone to minimize risk of law enforcement encounters by following even the most minor traffic laws, and DUI lawyers criticize law enforcement's ever-increasing use of minor traffic infractions to pursue major search and seizure efforts, especially as many law enforcement officers' own personal vehicles have tinted windows and no front license plates, and police drive like most California drivers, slowly rolling through stop signs and failing to signal at least 100 feet prior to a turn. Thousands of such hypocritical detentions occur every year in Mendocino, Napa and Sonoma Counties. Napa: No Headlights Leads to Meth Arrest... Napa: Expired Tags Leads to Felony Pot Arrest... Sonoma: Speeding and Failure to Signal Leads to Mendo Co-op Medicinal Pot Delivery Arrests... Sonoma: Equipment Violation Leads to Drug Arrest... Mendocino: Vehicle Violation Leads to DUI...

• Court Rejects Failure to Signal as Proper Basis for Police Stop When No Other Vehicles Affected

  On May 27, 2011, the California Fourth District Court of Appeals ruled, in the case of People v. Carmona, that vehicle code sections 22107 and 22108 must be read together so that when a motorist is required by section 22107 to give a turn signal, that signal must be given continuously during the last 100 feet traveled by the vehicle before turning, but only in the event other motorists may be affected. In this case, because the evidence is undisputed the officer was not and could not have been affected by the turn (he was on a two-lane road, 55 feet away traveling the opposite direction and Carmona turned right, away from the traveled route) and there were no other motorists on the road, no traffic violation occurred, and therefore the police stop was unconstitutional and any evidence discovered as a result of the illegal police stop was ordered supressed. Read Court Case

• Court Allows Warrantless Entry into Home to Prevent Destruction of Evidence

  On May 16, 2011, the United States Supreme Court ruled, in the case of Kentucky v. King, that assuming (without deciding) that the smell of burning marijuana and the sound of people and things moving about after police pounded on the door following a drug sting operation and chase, assuming all of this reasonably led officers to believe that drug-related evidence was about to be destroyed, the court held that warrantless entry was justified, even though the officers' fear of evidence destroyed might conceivably have been caused by announcing their own presence. Read Court Case

• Four Different Officer Misconduct Stories in Northern California Hit the Press in One Day

  On May 12, 2011, Northern California news outlets reported four separate incidents of alleged on and off-duty police misconduct, in addition to the on-going investigation of alleged "dirty DUI" collaboration between Contra Costa police and a divorce lawyer setting up litigants at bars with cops waiting outside. The four new stories involved allegations of an off-duty CHP officer from Vacaville involved in multiple Thefts from a Target Store, an off-duty Rancho Cordova CHP Captain's Motorcycle DUI, plainclothes San Francisco cops involved in a Drug Arrest Theft Probe, and the ex-commander of the Contra Costa drug task force Running a Brothel. DUI lawyers who fight arrests and police misconduct regularly feel some vindication when these stories hit the mainstream press, said one Napa DUI attorney.

• Court Requires DMV to Grant Continuance for Meaningful Defense

  On April 7, 2011, the California Fourth District Court of Appeals ruled, in the case of Petrus v. DMV, that the DMV violated the due process rights of a driver arrested for DUI when it denied a continunace moments after the blood results were given to the driver's DUI lawyer just prior to the start of the DMV administrative hearing, thus denying the opportunity to present a meaningful defense. Read Court Case

• Faulty Alco-sensor V Breath Machine Causes 100's of DUI Case Reviews

  Hundreds of DUI cases are now under review following discovery of a breath machine defect discovered in Palo Alto and Ventura County concerning a widely-used new machine; the defect can result in higher than accurate results. Full Palo Alto Article... Full Ventura Article... Ventura District Attorney Letter...

• Multiple Offender Sentenced to 20 Years to Life for DUI Death

  A 57-year old Lake County man was sentenced 20 years to life in prison after pleading guilty to second-degree murder for causing a death while driving drunk. It was alleged that he was on probation for a second DUI and reportedly on his way to DUI program classes at more than twice the legal limit when friends tried unsuccessfully to stop him from driving; he side-swiped two vehicles before colliding with a car and injuring an 85-year old driver who died after several months of hospitalization. Full Article...

  North Bay High Schools Stage DUI Accidents for Students

  High schools in Mendocino, Napa and Sonoma Counties staged their annual "Every 15 Minutes" alcohol-related driving accidents demonstrations students just in time for spring proms and graduations. See the full articles for Mendocino, Napa and Sonoma...

• DUI Breath Machines Erroniously Calibrated in 1,147 Cases

  Four breath machines used in DUI arrests in Philadelphia, PA, were improperly calibrated, and at least 1,147 DUI cases are under review for letters to defendants offering withdrawal of guilty pleas or new trials. Full Article...

• Police Allegedly Helped Set Up DUI Arrests in Contested Divorce Cases

  According to the San Fransisco Chronicle, the Contra Costa District Attorney and unnamed sources alleged that Bay Area cops helped a private investigator set up divorce foes in hotly contested cases, by working with decoys who would meet the target over drinks with a fake agenda and then call waiting law enforcement following the meeting to make the DUI arrest. Investigators are reviewing two arrests made in Danville in January, 2011; no doubt the probable cause for the initial stop will be an interesting read, said a Santa Rosa DUI lawyer who is certain that any such cases would be dismissed by the prosecution. Full Article...

• Appeals Court Upholds DUI Conviction of Passenger

  The First District Court of Appeals ruled on February 25, 2011, in In re F.H., that where a passenger grabbed the steering wheel and caused the vehicle to change direction (and crash), by that act she displaced the driver's control and operation of the vehicle and made herself the driver as she exercised actual physical control over the vehicle, and thus she was "driving a vehicle," for purposes of that required element of a DUI conviction. Read Court Case

• Napa Police Arrest Man for Allegedly Riding Bike Under the Influence

  A 50-year old Napa man was arrested for allegedly riding a bile under the influence after reportedly riding through a red light and crashing into a car. Full Article...

• Sonoma, Mendocino & Napa Police Make DUI Arrests After Chases

  Santa Rosa, Ukiah and Napa police have made DUI arrests following separate car and foot chases, the most recent starting on North Perkins in Ukiah, involving a car chase onto Highway 101 and culminating in a foot chase to a trailer park off Lake Mendocino Drive and Portlock Avenue, where a 32-year old man was arrested on suspicion of evading, transportation of methamphetamine and driving under the influence of alcohol and drugs. Full Mendocino Article...

  In Santa Rosa, a Catholic high school English teacher was arrested following a high speed chase allegedly reaching speeds over 100 mph on River Road, Highway 101 and neighborhoods in South Santa Rosa. Full Sonoma Article...

  In Napa, a 23-year old man was arrested last year on suspicion of DUI following a traffic stop and a foot chase with a K-9 unit in a nearby apartment complex. Full Napa Article...

• 19-Time Sonoma County DUI Offender Gets 3 Years in Prison

  A 65-year old Santa Rosa man was convicted on January 20, 2011, of violating his probation two days after it was imposed by a Sonoma County judge, when the man was found possessing an unopened bottle of wine and three small sealed liquor bottles.

  The man's DUI problems reportedly started with a Santa Rosa DUI arrest in 1966, and he spent two years in prison in 1988. His latest Sonoma County DUI arrest in July, 2010, resulted in the court's consideration of a residential treatment program, which angered prosecutors; two days after being released, a surprise probation search at the man's Oakmont home resulted in his immediate incarceration. His Santa Rosa DUI lawyer claimed the surprise visit was a set-up; the man had explained to police that a friend was coming the next day to pick up the bottles and he didn't want to dump them out because he didn't want anyone to think he drank them. According to testimony elicited by the man's Sonoma County DUI attorney, the police never checked out the story and the judge was unsympathetic to the explanation. Full Article...

• California Supreme Court Upholds Warrantless Cell Phone Search Incident to Arrest

  The California Supreme Court ruled on January 3, 2011, in People v. Diaz, that the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest. Full Article... Read Court Case

• Triple A Offers Free "Tipsy Tow" New Year's Eve

  According to the Ukiah Daily Journal, from 6 p.m. Dec. 31 until 6 a.m. Jan. 1, AAA will be offering free tows of up to 10 miles to drivers who call 1-800-222-4357 and request a "Tipsy Tow." Callers do not need to have a AAA membership. Full Article...

• Happy Holidays: DUI & Driver Licence Checkpoints Return

  The Bay Area will see as many, if not more, DUI and driver license checkpoints during the 2010 holiday season, as compared with 2009. Check back here and your local news for updates and details.

  Latest Checkpoint Info: Sonoma County Police Announce 2010 Holiday DUI Checkpoint Schedule:

  Petaluma Checkpoint - Friday December 17, checkpoint in the City of Petaluma. Location will not be released to the public.

  Countywide Roving Patrols, Warrants, Stakeouts - Saturday December 18, officers will be patrolling county-wide conducting probation/parole checks on DUI offenders, serving DUI warrants, and conducting stakeouts of habitual offenders. Officers will also be on patrol searching for DUI drivers.

  Santa Rosa Court Sting - Courthouse sting planned during this campaign period (police wait outside Sonoma County courthouse in sting operation designed to arrest suspended licensees driving away from court appearances). Date will not be disclosed to the public.

  Rohnert Park Checkpoint - Thursday December 30, checkpoint in the City of Rohnert Park. Location will not be released to the public.

  New Year's Eve schedule expected soon. Avoid the 13 Press Release...

• Federal Court Rules Taser Use Illegal Unless Immediate Threat

  The Ninth Circuit Court of Appeals ruled on November 30, 2010, in Bryan v. MacPherson, that there must be objective factors to justify a concern of an immediate threat to the safety of officers or others before using a taser on a person. Full Article... Read Court Case




• Court Rules PAS Test Refusal Evidence Improper for Jury to Consider

  On November 12, 2010, the California First District Court of Appeals ruled in People v. Jackson, that it is improper to allow the jury to hear evidence that a DUI defendant exercised his statutory right to refuse the Preliminary Alcohol Screeing "PAS" test, distinguishing the 1984 Marvin v. DMV case, which had held that evidence of a DUI defendant's refusal to submit to the standard field sobriety tests is admissible to show consciousness of guilt. Read Full Jackson case... Read Full Marvin case...

• Thanksgiving DUI arrests in Napa & Sonoma up from last year

  CHP reported 24 DUI arrests in Napa and 32 DUI arrests in Sonoma County during the 2010 Thanksgiving weekend, an increase from 16 and 23, respectively, in 2009. Napa and Sonoma DUI defense attorneys always look behind these numbers for police enforcement irregularities and other grant-driven and advancement motivations of police when such figures are released. Full Napa Article... Full Sonoma Article...

• Sebastopol Police Dept. Gets $29,000 for DUI Enforcement

  The Sebastopol Police Department reportedly received a $29,000 federal grant to ramp up DUI enforcement efforts. The money will pay for DUI/driver license checkpoints, overtime pay, and equipment like breathalyzers. Full Article...

• California Appeals Court Throws Out DMV Suspension in Case with Breath Machine Testing Too High.

  California's First District Court of Appeals (San Francisco Bay Area) ruled on September 18, 2010, in Brenner v. DMV, that although initial breath testing numbers in a DUI case were sufficient to establish the Department's prima facie case, plaintiff presented evidence that the instrument used to measure his BAC produced results that were higher than the accurate values. Plaintiff thus rebutted the Department's prima facie showing with evidence that the recorded test results were inaccurate. Accordingly, the burden shifted back to the DMV to prove by a preponderance of evidence that the test results were reliable. Full Article... Read Court Case

• D.A. Throws Out DUI Cases: False Police Reports

  The Sacramento County District Attorney announced she is throwing out 79 cases, most apparently DUI's, due to alleged falsified police arrest reports. The dismissals follow an investigation of one Sacramento police officer after he was arrested for brandishing a weapon off duty during a street argument. He later pled to disturbing the peace and then resigned from the department. Full Article...

• Police Take Credit for 38% Drop in DUI Arrests

  The Petaluma Police Department spokesman for the Sonoma County anti-DUI enforcement effort self-titled "Avoid the 13" says police efforts and media attention are to be credited for a 38% drop in DUI arrests compared to Labor Day 2009. But one wonders if officer salaries, equipment expense and other associated costs would be better spent in venues other than massive citizen intrusions absent individualized suspicion, said one Santa Rosa DUI lawyer. Full Article...

• Court Throws Out Vehicle Search Justified Solely On Parole Status of Front Passenger

  On August 18, 2010, the California Fourth District Court of Appeals ruled, in the case of People v. Schmitz, that a "mere passenger in a vehicle, who claims neither a possessory nor property interest therein, lacks the "common authority" over the vehicle which would allow him either to consent or object to its search. Consequently, the parole status of such a passenger cannot be relied upon as the sole basis to justify such a search. Read Court Case

• Santa Rosa DUI & License Checkpoints in August

  The Santa Rosa Police Department reports it will conduct two DUI/Driver License checkpoints in August: Friday 8/13 and Friday 8/27, at undisclosed locations. Sonoma County DUI defense lawyers continue to believe that such citizen intrusions without specified suspicion of wrongdoing are unconstitutional and a waste of taxpayer money, said one Santa Rosa DUI attorney.

• Sacramento Officer Investigated for False DUI Reports

  According to published reports, the Sacramento District Attorney is investigating whether or not a Sacramento Police Officer falsely testified and/or reported in several DUI arrests. Apparently two cases involving the officer were dismissed and more are being investigated. Full Article...

• Immigrant Rights Activists Challenge DUI/License Checkpoints

  Sonoma County immigrant rights activists continue to protest and warn approaching drivers of regular DUI and driver license checkpoints in Petaluma, Santa Rosa, Sebastopol and elsewhere in Sonoma County. Full Article...

• MADD Focuses on Prohibition, Charity Rankings Slip Lower

  Mothers Against Drunk Driving ("MADD") has apparently begun focusing more on stopping all drinking rather than its original mission to stop drunk driving. Charity watchdog groups have further reduced MADD's rankings. Full Article...

• Napa Considers New Party House Law

  Napa is considering enacting an ordinance which would continue to hold parents responsible if their home is hosting a party with underage drinking, but the new law would make the offense punishable by a civil fine rather than the existing criminal misdemeanor sanctions. Full Article...

• SF Lab Problems Known But Not Revealed

  According to various reports, the District Attorney's office knew of existing credibility problems at the San Francisco crime lab, now the focus of official investigations, but no one told the agency which decides whether to accredit the lab as legitimate. Meanwhile, the lab tech at the center of much of the lab's turmoil indicated she would refuse to testify about it in a DUI case before the court.

  One Santa Rosa DUI lawyer points to all the credibility questions surrounding the lab as a vivid local example of the government's quality assurances gone terribly wrong. Full Article...

• Check Point in San Rafael Friday April 23, 2010

  San Rafael police report that they will conduct a DUI and driver license checkpoint on Friday, April 23, 2010, at an undisclosed location in Marin County, presumably in San Rafael.

  Sonoma County DUI attorneys always question the detention of hundreds of people without cause to believe any individual driver is unlicensed or under the influence, said a Santa Rosa DUI lawyer who believes such police state tactics are fundamentally unconstitutional and a waste of tax dollars.

• Santa Rosa Impounds 20 cars 1 DUI Arrest

  Santa Rosa police announced 20 vehicle impounds from alleged unlicensed drivers, while only making one DUI arrest during a DUI and driver license checkpoint on Friday, April 16, 2010, at Guerneville Road and Ridley Avenue.

  764 vehicles were initially detained by officers, 41 drivers were further detained for either DUI evaluation or drivers license checks; 8 drivers were subjected to sobriety tests, and 1 was arrested for DUI. 20 drivers were cited for driving without a driver's license or driving on a suspended driver's license and 20 vehicles were towed for 30-day impound because they were being driven by an unlicensed or suspended licensed driver. 3 subjects were arrested for outstanding warrants, 1 of which was for a prior DUI arrest, and one was arrested for driving on a suspended license and parole violation after a brief pursuit.

• Petaluma Latinos Speak Out About Police

  On April 21, 2010, members of Petaluma's Latino communities spoke out about Petaluma police practices, including impounding of vehicles and arrests at DUI and driver license checkpoints, where often the sole family vehicle is impounded, taking away families' only means of transportation, financial support and access to education, medical needs and other essential services in Sonoma County. DUI attorneys continue to criticize vehicle impounds, said one Santa Rosa DUI lawyer. The meeting was attended by the Petaluma Police Chief. Full Article...

• Napa ICE Holds DUI & Other Arrests

  Napa County's ICE immigration holds are criticized by Napa County DUI attorneys as inhumane, an overreaction to petty offenses, and a waste of time and money, said one Napa DUI lawyer. Sonoma County and Mendocino County are likely to follow suit if it hasn't happened already. Full Article...

• New Breath Ignition Devices

  New breath ignition devices ordered by courts now come with mini cameras to photograph the user in order to reduce fraud.

  Expect such devices to gain popularity with Sonoma County courts who typically order such additional precautions in high blood alcohol and multiple offense DUI cases, said a Santa Rosa DUI lawyer. Full Article...

• Check Point in Santa Rosa!

  Santa Rosa police report that they will conduct a DUI and driver license checkpoint on Friday, April 16, 2010, at an undisclosed location in Sonoma County, presumably in Santa Rosa.

  Sonoma County DUI lawyers continue to question the expenditure of scarce state funds to detain hundreds of people without cause to believe any specific driver is unlicensed or under the influence, said a Santa Rosa DUI defense attorney who sees such police tactics as an unconstitutional intrusion and a waste of tax dollars. Full Article...

• CA DUI Laws Get Even Tougher!

  A bill is making its way through the California legislature which, if passed and signed by the governor, could seriously impact those arrested or already convicted of a DUI in Sonoma County, said one DUI lawyer. AB 1601 would delete the 10-year "look back period" thus making each DUI "count" throughout a person's life, and also would provide courts with the discretion to permanently revoke driving privileges on a fourth or more DUI.

  Napa County DUI attorneys question the fairness of ever-increasingly draconian measures designed to increase punishment without addressing the causes of DUI offenses, said a Napa DUI lawyer.

• Math Challenges Red Lite Cameras

  Math, or perhaps this story should say a stopwatch, resulted in a red light camera ticket being thrown out when the driver's husband timed the duration of the yellow light on the traffic signal in question and proved it was too fast. Full Article...

• GPS Challenges Speeding Tickets

  Individuals try using high tech GPS devices, some of which track vehicle speed, to challenge speeding tickets.

  DUI lawyers in Santa Rosa have seen this before, when a Sonoma County traffic court ultimately upheld a ticket which was contested on similar grounds, said a Sonoma County DUI defense attorney. Full Article...

• Sonoma Worries About Tasting Rooms

  The Sonoma County Planning Commission will review hours of operation of wine tasting rooms with an eye toward curtailing DUI arrests some say are caused by longer hours.

  Sonoma County DUI attorneys question whether such puritan logic would lead to decreasing operating hours for taverns, restaurants and liquor and grocery stores too, said one Santa Rosa DUI defense lawyer. Full Article...

• 99 Pot Plants in Mendocino Allowed But...

  On Tuesday, March 23, 2010, the Mendocino County Board of Supervisors barely passed a new ordinance allowing up to 99 medical marijuana plants with proper credentials, but lots of government oversight. Mendocino DUI attorneys who also practice general criminal defense are keeping a close eye on the ever changing restrictions, according to a Ukiah DUI lawyer. Full Article...

• 2 Petaluma DUI License Check Points

  According to the Petaluma police, two DUI and driver license checkpoints will be conducted in undisclosed locations of the Sonoma County city of Petaluma on April 2, 2010 from 5:30 p.m. to 2 a.m.

  Sonoma County DUI lawyers continue to question the usefulness and constitutionality of such blanket interference with citizens, said a Santa Rosa DUI defense attorney. Full Article...

• Woman Arrested After Reporting Herself DUI

  On March 13, 2010, a 27-year old Michigan woman reportedly placed a 911 call and stated that she shouldn't be driving because she was intoxicated. She was later arrested and charged with DUI. Full Article...

• 6 Month Sentence for DUI Death

  On April 1, 2010, a 32-year old Sonoma County woman was sentenced to six months in county jail for the death of a 5-year old boy following a car crash. She had pleaded no contest to gross vehicular manslaughter, causing great bodily injury. The boy's family had decided not to seek state prison for the woman. If she were to violate probation, her full 5-year prison sentence would be imposed.

  One Sonoma County DUI lawyer agreed with reports that the lack of field sobriety tests following the crash would have made it difficult for the Sonoma County prosecutor to prove the woman was under the influence of multiple drugs reportedly found in her blood, said a Santa Rosa DUI defense attorney. Full Article...

• 4 Year Sentence for 5 DUI Deaths

  On March 24, 2010, a 29-year old Sonoma County man was sentenced to four years in state prison following a trial and conviction of five felony DUI charges of vehicular manslaughter causing the deaths of 5 family members in a 2007 rear end crash on highway 101 in Santa Rosa. The jury appeared to be convinced by toxicology reports which indicated the presence of marijuana and trace cocaine levels. Full Article...

• Police Training Challenge in DUI Eye Tests

  Several states are questioning the adequacy of police training in the proper administration of the "follow my finger" DUI eye test routinely given to DUI suspects.

  Sonoma County DUI lawyers have often challenged the ability of medically untrained law enforcement to properly administer the tests and then properly interpret and report the results, said one Santa Rosa DUI defense attorney. Full Article...

• DUI Arrest After Hitting Cop Car

  On March 21, 2010, a Santa Rosa police officer was responding to an emergency call on Mendocino Avenue near Steele Lane, reportedly with emergency lights and siren northbound in the southbound lane, when a northbound vehicle allegedly turned left and struck the police car. The driver, a 37-year old Santa Rosa woman, was arrested for suspicion of DUI with an alleged alcohol level over twice the limit.

• 3 DUI Arrests at Santa Rosa Check Point

  Santa Rosa police reported 3 DUI arrests and 3 for no license or suspended license, at a checkpoint conducted on March 17, 2010, at Santa Rosa Avenue and Sonoma Avenue. 460 vehicles were stopped, and 3 were impounded for 30 days in spite of protests that such impounds are not required. Sonoma County DUI lawyers continue to examine the legality of these impounds and arrests as the DUI and license cases move through the courts, said one Santa Rosa DUI defense attorney. Full Article...

• 23 Arrests at DUI Checkpoint Friday

  Petaluma police reported 3 DUI arrests and 20 arrests for no license, plus 2 others for driving on a suspended license, at two Sonoma County checkpoints on March 19, 2010. 1,111 vehicles were stopped, 75 were further investigated, and 12 cars were towed, including 6 for a 30-day impound. Sonoma County DUI defense attorneys will likely examine the legality of the arrests as the DUI and license cases move through the courts, said one Santa Rosa DUI lawyer. Full Article...

• Check Points!

  Petaluma police report that they will conduct two DUI and driver license checkpoints on Friday, March 19, 2010 at undisclosed locations in Petaluma. Santa Rosa will also host a DUI and driver license checkpoint, thanks to the CHP.

  Sonoma County DUI defense attorneys continue to question the expenditure of hundreds of thousands of dollars to stop citizens without cause to believe any specific driver is driving under the influence, said a Santa Rosa DUI lawyer who sees such police state tactics as a thorough waste of tax dollars. Full Article...

• St. Patrick's Day Check Points

  Santa Rosa and Napa police report that they will conduct a DUI and driver license checkpoint in Santa Rosa, and Napa on St. Patrick's Day evening, Wednesday, March 17th. In addition, CHP will conduct a DUI and driver license checkpoint somewhere on the west side of Santa Rosa on Friday night, March 19, 2010.

  Napa 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 in the past, because checkpoint locations are often repeated, said a Napa DUI lawyer. Full Article...

• 5 Candidates For 2 Judge Seats

  Of three open judge seats in Sonoma County superior court, two are contested in the upcoming June election, with five candidates vying for the two contested seats, including experienced DUI defense attorney John Lemmon, who many DUI lawyers support as a balanced and highly experienced criminal lawyer. Full Article...

• 2 Arrested in Minor Decoy Alcohol Sting

  Vestiges of prohibition continued to flourish as the Mendocino County Sheriff's Office and the Department of Alcoholic Beverage Control conducted a sting on March 13, 2010, resulting in the arrest of two people for allegedly buying alcohol for minors acting as decoys. This was reportedly the eighth such sting, and more are planned. According to Mendocino County DUI attorneys, a typical sentences for such an offense include a small fine and/or community service, said one Ukiah DUI lawyer.

• One Man Gets Two Pot Arrests in One Night

  A 41-year old Santa Rosa man was arrested two times on March 17, 2010, once when he was pulled over for expired tags and police allegedly found 2.5 pound of pot and $55,000 cash, and a second time when the man arrived home from jail to find the police raiding his Sonoma County home, allegedly finding an illegal grow of over 200 plants, 13 pounds of pot, as well as pills, mushrooms, methamphetamine, paraphernalia, a stolen gun and more cash. Full Article...

• Cop Retires After Accused of Ignoring DUI

  A cop in Pendleton, IN, retired before termination proceedings began following accusations that he stopped an intoxicated driver but let him drive home rather than arresting him for DUI. Santa Rosa DUI lawyers often explain to clients that cops face such consequences of they let people go, even when they are close to home, said one Sonoma County DUI defense attorney. Full Article...

• Man in Nebraska Too Drunk for DUI Sentence

  A 30-year old man in Papillion, NE, reportedly showed up too drunk to be sentenced at the conclusion of his DUI case. He was re-arrested.

• SF Lab Tech Accused of Drug Theft

  A 60-year old San Mateo woman who was a former supervisor at San Francisco's crime lab, which analyses and reports to courts on blood tests and drug identifications, reportedly admitted to stealing cocaine which was available as evidence in various pending criminal cases. The crime lab has been shut down pending investigation. Full Article...

• 10th DUI Gets Rehab, Not Prison

  On March 12, 2010, a 70-year old Modesto man was sentenced to rehab rather than prison for his 10th DUI conviction reportedly dating back to 1974. Full Article...

• 2 DUI Arrests: Drivers Switch at 55 MPH

  A 20-year old man and a 19-year old woman were both arrested for DUI after reportedly leading police down highway 101 near Windsor at speeds of over 100 miles per hour, and switching drivers while the car was moving at 55 miles per hour. Full Article...

• DUI Arrest: Man Thrown From Car

  On March 10, 2010, a 21-year old Laytonville man was arrested for DUI after being ejected from his jeep following a solo vehicle collision on US 101 in Mendocino County. Mendocino County DUI defense attorneys would expect a regular DUI in this situation rather than felony injury charges that would result if persons other than the driver were injured, said a Mendocino DUI lawyer.

• Limo Driver DUI Accident Arrest

  On March 12, 2010, a 25-year old limo driver was arrested for DUI after a solo vehicle accident in Napa. Apparently there were no passengers in the vehicle, stated a Napa DUI lawyer. Full Article...

• Flip of the Bird Gets DUI Arrest

  On February 26, 2010, a 76-year old Sonoma man was arrested for DUI after flipping off a driver behind him who had called the police on his cell phone complaining of erratic driving.

  Sonoma County DUI defense attorneys often challenge "tipster" stops with varying degrees of success, but simply extending a finger to another individual would typically not be enough cause for police to detain an individual for questioning, said a Santa Rosa DUI lawyer. Full Article...

• Sleeping Driver Gets Pot Arrest

  A 47-year old Honeydew man was arrested for possession and transportation of pot in Ukiah after police approached his vehicle while he was sleeping in the driver's seat. Nine pounds of marijuana were reportedly found.

  Mendocino County DUI defense attorneys often challenge the legality of such encounters when the arrested individual was not doing anything suspicious prior to the contact, said a DUI lawyer who practices in Ukiah.

• Officer of the Year!

  Officer Walt Spiller was named Petaluma Police Department's 2009 Employee of the Year, in part for his 131 DUI arrests, more than 20 percent of the entire department's arrests. Reports indicate he is a motorcycle cop, weapons instructor, and a member of the SWAT team. He will reportedly be recognized by Mothers Against Drunk Drivers (MADD), and by the Century Council, a national organization against drunk driving and underage drinking. Full Article...

• UF researchers: Alcohol, energy drinks add up to higher intoxication levels, increased driving risk

  University researchers find that people who consume energy drinks with alcohol are likely to become more intoxicated than those who just drink alcohol. Full Article...

• Man convicted of DUI 13 times headed to prison

  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. Full Article...

• New radar catches Petaluma speeders

  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. Full Article...

• DUI suspect injured in Mendocino County rollover

  On March 7, 2010, a 26-year old Laytonville man was arrested following a solo vehicle collision on US 101 in Mendocino County. Mendocino County DUI defense attorneys would expect a regular DUI in this situation rather than felony injury charges that would result if persons other than the driver were injured, said a Mendocino DUI lawyer. Full Article...

• Arrest fallout: Fellow politician says Ashburn lives 'secret life'

  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. Full Article...

• CHP to serve DUI Warrants

  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. Full Article...

• Facebook DUI pics Popular in Hawaii

  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. Full Article...

• Teen Accused of DUI Crash

  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. Full Article...

• Suspected DUI Driver Hits Cop Car

  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. Full Article...

• Suspected DUI Driver Almost Hits Cop Car

  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. Napa DUI defense attorneys would expect initially to see felony charges because of the alleged injuries, stated a Napa DUI lawyer. Full Article...

• More Huffing DUI Arrests Seen

  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 unusually large number of such cases, but expect to be part of any such trend, said a Santa Rosa DUI lawyer.

• Sonoma Bike DUI Are you Kidding?

  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 criminalise 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. Full Article...

• Napa Checkpoint Traps Drugs

  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. Napa DUI attorneys are always vigilant for any mistakes in the conduct of such questionable citizen stops that are so far upheld by the US Supreme Court, according to a Napa DUI lawyer. Full Article...

• First Sonoma DUI Fatality Alleged

  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. Full Article...

• Another Sonoma Fourth DUI

  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. Full Article...

• 4th Alcohol Offence Alleged

  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. Full Article...

• DC Breath Testing Machines Flawed

  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. Full Article...

• Sonoma Women Dies in DUI Crash

  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. Full Article...

• NW Considers Allowing Drivers to Sleep It Off

  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. Full Article...

• Checkpoints Target Immigrants and raise lots of cash

  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. Full Article...

• Court Allows Charges Police Promised to Drop

  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. Read Court Case

• Charges against Man for DUI Witness Beating

  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. Full Article...

• Scammers call Sonoma grandpa for fake bail money

  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. Full Article...

• License Sting at Costa Mesa Courthouse

  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 and Napa County DUI defense attorneys, such stings occur in Napa and Santa Rosa at least a couple times each year, and are due soon in Sonoma County, said a Santa Rosa DUI lawyer. Full Article...

• Scam Bail Calls to Grandma Continued

  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. Full Article...

• Napa Pot Dispensary Coming Soon

  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 Napa County DUI lawyer. Full Article...

• Guerneville Woman Faces 3rd & 4th DUI

  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. Full Article...

• Modesto Man faces Prison After 10th DUI

  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 Napa 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 Napa DUI lawyer. Full Article...

• Santa Rosa Police Seek Super bowl DUI's

  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. Full Article...

• DUI Fugitive Arrested After Facebook Posts

  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. Full Article...

• Bar Tenders with Breath Machines

  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. Full Article...

• Fresno is Nation's Drunkest City, Reno is Next

  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. Full Article...

• More Inflated Blood Lab Results in DUI Cases

  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. Full Article...

• Traffic Tickets Increase; Data Entry Lags

  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. Full Article...

• New Alleged DUI Crash hit/Run Napa

  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, observed a Napa DUI lawyer. Full Article...

• Napa DUI Checkpoint 1/29/10

  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 Sonoma DUI lawyers. Full Article...

• 79 Yr old Man Arrested for Road Rage DUI Murder

  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 Mendocino County DUI defense attorney, such road rage incidents are not unheard of, but the age of the suspect is uncommon, said the Mendocino DUI lawyer.

• Tinted Windows Lead to DUI Arrest

  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. Full Article...

• Car Flipped on Bicentennial Off Ramp = DUI

  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. Full Article...

• 2 Arrested for DUI in Sebastopol

  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. Full Article...

• women arrested for DUI Prob Viol Kills Self in Jail

  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.
  Full Article...

• Sleeping in Car = DUI in some states

  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. Full Article...

• Roving Citizens have Fun Calling in DUIs

  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.
  Full Article...

• New CA Laws for 2010

  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.

• Man Convicted of Pot DUI in Mendo

  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 Ukiah 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 Mendocino County DUI lawyer.
  Full Article...

• More Blogs Rail Against Tougher DUI Laws

  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.

• Napa Group: Train Bartenders to help Avoid DUIs

  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 Napa 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 Napa DUI lawyer.
  Full Article...

• Fatal Sonoma DUI Case Proceeds as Felony

  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.
  Full Article...

• Holiday DUI Arrests Up From Last Year

  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.
  Full Article...

• Women Tests above .70 Nearly 9 Times Over

  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.
  Full Article...

• Fed Court Limits Taser use to Safety Threats

  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. Read Court Case

• Widow Sues Police For Not Arresting DUI Suspect

  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.

• Homeless DUI Parolee Arrested for No Contact

  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.
  Full Article...

• Judge Accuses DA of DUI Grand Standing

  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.
  Full Article...

• 26 DUI Arrests in First Two Days of Holiday

  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 Napa 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.
  Full Article...

• Passenger Convicted of DUI in Santa Rosa

  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.
  Full Article...

• Bill Requires Ignition Devices Nationwide

  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.
  Full Article...

• Lots of New Judges Soon In Sonoma County

  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.
  Full Article...

• 3 Multiple Offenders Sentenced In Sonoma County

  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.
  Full Article...

• Tahoe & Sac DUI Check Points 12/18/09

  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.
  Full Article...

• Lakeport DUI Check Point 12/19/09

  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 Mendocino County DUI defense lawyers expect to see a rise in DUI arrests in Mendocino, Sonoma, Napa, and Marin, and surrounding counties in the next few weeks, said one Ukiah DUI defense attorney.
  Full Article...

• Sonoma County Police Plan Holiday DUI Focus

  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.
  Full Article...

• ACLU Cautions Against Misuse of DUI Stats

  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.
  Full Article...

• Blood Test Mistake At State Lab

  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.
  Full Article...

• Petaluma Police Stake Out Arrest for 4th DUI

  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.
  Full Article...

• Lawyers Surprised by DUI Sentence Reduction

  Napa and Sonoma County DUI defense attorneys and the Sonoma County 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.
  Full Article...

• Fortuna: DUI Patrol 12/11/09

  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.
  Full Article...

• Fresno: 22 DUI Check points in 3 Weeks

  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.
  Full Article...

• San Mateo: 2 Men with 8+ DUIs Each

  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.
  Full Article...

• Napa Crash Leads To DUI Arrest

  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 Napa DUI defense attorney says Napa DUI 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, according to the Napa DUI lawyer.
  Full Article...

• Mendocino Crash Leads To DUI Arrest

  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.
  
  Mendocino County DUI lawyers say such cases are not common, but happen in Mendocino County from time to time, according to a Ukiah DUI defense attorney.
  Full Article...

• State: No Probable Cause in Tiger DUI Probe

  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.
  Full Article...

• Calif DUI Fatalities Down in 2008

  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.
  Full Article...

• Courts Urged To Use Scram More Often

  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.
  Full Article...

• Military Court: unconstitutional To Require Sailors to Report DUI

  A military court ruled that the Navy and Marines rule requiring sailors to report DUI arrests off-base is an unconstitutional requirement violating protections against self-incrimination.
  Full Article...

• Petaluma Arrests 11 Check Point Drivers

  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
  Full Article...

• Green Tongue Pot DUI Charges Dropped

  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.
  Full Article...

• Petaluma Man Found After No Show for DUI Jail

  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.
  Full Article...

• Petaluma DUI & DL Check Point Sat 12/5

  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.
  Full Article...

• Judge Reduces Prison Sentence In DUI Fatality

  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.
  Full Article...

• Napa DUI Check Point 11/27/09

  Napa police announced a DUI checkpoint for Friday, November 27, 2009.
  Full Article...
  
  
  
  

• DUI's Effect on Staying In U.S. , Travel To Canada

  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 immigration lawyer if faced with a Napa, Sonoma or Mendocino County DUI arrest or conviction.
  
  DUI defense attorneys also advise that North Bay 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.
  Full Article...

• 2nd Offender Probation Check = Arrest

  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.
  Full Article...

• Flipping the Bird at Cop is Free Speech

  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.
  Full Article...

• SR DUI Check point: No DUIs But 40 Cars Taken

  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.
  Full Article...

• Lake County Police Accused of Racial Profiling

  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.
  Full Article...

• 12 DUI's Man in Crash in Santa Rosa

  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.
  
  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.
  Full Article...

• Petaluma Arrests Repeat Offender Buying Alcohol

  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.
  Full Article...

• Man Who Didn't Drive Convicted of DUI

  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.
  
  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.
  Full Article...

• State Gives Santa Cruz $480K to Fight DUIs

  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.
  Full Article...

• Petaluma Stakes out Repeat Offenders Again

  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.
  Full Article...

• NY Law: Ignition Device for First DUI

  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.
  Full Article...

• 20 DUI Cases Dropped: Cop Not Credible

  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.
  Full Article...

• Car vs. Oak Tree = Santa Rosa DUI Arrest

  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.
  Full Article...

• Residents Protest Santa Rosa Police Brutality

  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.
  Full Article...

• Montana Supreme Court Upholds Necessity Defense

  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.
  Full Article...

• Napa DUI patrols 11/14/09

  Napa police announced additional DUI patrols planned for Saturday, November 14, 2009. Napa DUI defense attorneys are always prepared to challenge such questionable citizen stops, although to date they are upheld as legal by the US Supreme Court, according to a Napa DUI lawyer.
  Full Article...

• State Gives Stockton $352K To Fight DUIs

  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.
  Full Article...

• 3 Years Prison for Jail Threats

  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.
  Full Article...

• Appeals Court: 2x Over Fog Line = Illegal Stop

  An appellate division opinion was issued by the Santa Barbara Superior Court, in People v. Golis, 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.
  Read Court Case

• Denver Voters Reject Impound Law

  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.
  Full Article...

• DMV Closed Every Friday Until 1/29/10

  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. Full Article...

• State Gives CHP Millions to Chase DUIs

  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.
  Full Article...

• Sebastopol Police: 2 Halloween Eve DUI Arrests

  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.
  Full Article...

• CHP: Wrong Way Driver Fatality on 101

  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.
  Full Article...

• Police Coach Blood Draw Witness

  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.
  Full Article...

• Petaluma Continues Aggressive DUI Arrests

  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.
  Full Article...

• Napa DUI Patrols Halloween

  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.
  Full Article...

• More Breath Machine Problems

  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.
  Full Article...

• Another Gov't Tox Lab's Results Inaccurate

  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.
  Full Article...

• Napa DUI Check Point Coming Soon

  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, according to a Napa DUI lawyer who also practices DUI defense in Santa Rosa and Ukiah.
  Full Article...

• CHP Notices RE Court Closures Fail to Appear

  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.
  Full Article...

• Chief Justice: Const. protects DUI's Less

  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.
  Full Article...

• Chicago Gays Protest Cop Sued for false DUI Arrest

  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.
  Full Article...

• Judge To Reconsider 12-Year Prison Sentence

  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.
  Full Article...

• CA Gov. Ends Low Cost Insurance Program

  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.
  Full Article...

• MAAD Charity Finances Get Poor Marks

  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.
  Full Article...

• A Soldier Gets Warrant for Service

  A soldier serving in Iraq was slapped with an arrest warrant for failing to appear in court for a second DUI.

• New York May Require Ignition Device

  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.
  

• Pilot Program: DUI = Ignition Device

  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.
  Full Article...

• Hairspray Triggers Scram Device

  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.
  Full Article...

• DUI Results in Deportation

  A Mexican national deported in 2007 will be deported again following a Texas DUI arrest.
  Full Article...

• Police Claim 253 Labor Day DUI Arrests

  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.
  Full Article...

• Court Weighs Radar VS. GPS

  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.
  Full Article...

• 25 Arrested At Geyserville Check Point

  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.
  Full Article...

• 19 Arrested at Rohnert park DUI Checkpoint

  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.
  Full Article...

• Jail Over Crowding Feared

  Sonoma County officials fear that state prison cuts will result in overcrowding in the county's Santa Rosa jail facilities.
  Full Article...

• More Courthouse License Stings

  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. Napa, Petaluma and Santa Rosa police are expected to continue similar stings in Napa and Sonoma County, in light of available grant money, according to Napa and Sonoma DUI defense attorneys.
  Full Article...

• Alaska Court Allows Rising Bac Defense

  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.

• 3 Petaluma Accidents = 3 DUI Arrests

  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.
  Full Article...

• Court Upholds Med License Suspension

  A California Appeals Court upheld the suspension of a Doctor's medical license in Watson v. Medical Board, following four DUI arrests.
  Read Court Case

• Santa Rosa & Petaluma Check point DUI & License Arrests

  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.
  Full Article...

• marin DUI Check Points Coming

  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.
  Full Article...

• 5th DUI Arrest for Petaluma Man

  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.
  Full Article...

• Driver + Passenger = 2 DUI Arrests

  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.
  Full Article...

• Phone Scam: Your Son Arrested for DUI Send Bail $

  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.
  

• 29 DUI Arrests in 1 Sonoma Weekend

  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.
  Full Article...

• Clear Lake Boating DUI Check Points

  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.
  Full Article...

• Man Hits Caltran Truck: Gets DUI Arrest

  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.

• Wrong Way on 101 Leads to 4th DUI arrest

  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.

• Sonoma CHP Make 20 Weekend Arrests for DUI

  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.
  Full Article...

• Chinese Sentence Main to Death in Fatal Crash

  A court in China sentenced a 30-year old man to death for a fatal DUI crash which killed four people.
  Full Article...

• DUI Murder Conviction Upheld: 43 Yrs Prison

  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.

• 9th Cir. Affirms Warrant Required to Enter Home

  The 9th Circuit of the Federal Court of Appeals ruled on July 16, 2009, law enforcement may not make a warrantless entry into a home without consent solely to obtain a breath or blood sample and/or make a DUI arrest.
  Full Article...

• DA's Son Gets 12 Years For Fatal DUI Crash

  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.
  Full Article...

• CA Supreme Court Allows New evidence In DUIs

  The California Supreme Court ruled on July 9, 2009, in People v. McNeal, that "partition ratio" evidence may be introduced regarding whether breath machine results are accurate as to an individual defendant (rather accepting the general population breath-to blood assumptions pre-programmed into the machine) in the generic DUI charge (although not in the second, .08% charge).
  Read Court Case

• 49 DUI Arrests over July 4th Weekend

  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.
  Full Article...

• 2 Hit & Runs + 2 Routine Stops + 1 Stakeout =5 DUIs Petaluma

  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.
  Full Article...

• US Supreme Court Requires Lab Techs to Testify in Person

  On June 25, 2009, the U.S. Supreme Court ruled in Melendez-Diaz v. Massachusettes, 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.
  Read Court Case

• Santa Rosa's Downtown Citizen "Roundup"

  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.
  Full Article...

• DUI Check Point in Petaluma

  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.
  Full Article...

• Suspended License Court Sting Nets 10 Arrests

  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.
  Full Article...

• Pizza + Accident + 0.50 Bac = Felony DUI

  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.
  Full Article...

• ACLU: Stop Mandatory Impounds

  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.
  Full Article...

• Sonoma DUI Program Director Arrested for DUI

  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.
  Full Article...

• Petaluma Cops Target Repeat Offenders

  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.
  Full Article...

• Man's Alcohol Breath in DUI Court = Jail

  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.
  Full Article...

• Medical Board Suspends Doctor After 5 DUIs

  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.
  Full Article...

• Court Explains & Reverses Meth DUI

  On May 5, 2009, a California Court of Appeal reversed a methamphetamine DUI conviction in People v. Torres, 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.
  Read Court Case

• DUI Check point in Petaluma

  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.
  Full Article...

• Motorcyclist critically injured in suspected DUI

  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%.
  Full Article...

• US Supreme Court Vehicle Search Limits

  On April 21, 2009, the US Supreme Court ruled in Arizona v. Gant, 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.
  Read Court Case

• Women Arrested for Felony Motorcycle hit

  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.
  Full Article...

• Teen Arrested for Felony DUI

  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.
  Full Article...

• Man Tasered in DUI Arrest

  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.
  Full Article...

• Women's Breath alcohol in DUI Court = Jail

  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.
  Full Article...

• Government Labs Testing DUI Blood Admit Problems

  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.
  Full Article...

• Court Overrules DMV on Lab Tests

  On March 27, 2009, a California Court of Appeals reversed a DMV DUI suspension in Molenda v. DMV, where the DMV relied upon improperly recorded blood test results and inadmissible preliminary breath test results.
  Read Court Case

• Felony DUI Charges for D.A.'s Son in Fatal Crash

  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.
  Full Article...

• Government Misreads Blood Test

  DUI charges against a man were dropped after it was discovered that the government mistakenly read blood alcohol tests.
  Full Article...

• Cell Phone Driving=DUI Arrest

  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.
  Full Article...

• Felony DUI Arrest in Crash on 101

  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.
  Full Article...

• 3 DUI's and 2 Injured sisters

  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.
  Full Article...

• New Laws

  See the newest DUI and traffic laws for 2009.
  Full Article...

• Pressure to order ignition devices

  Local media pushes for more Sonoma County DUI sentences to include court-ordered installation of ignition interlock devices.
  Full Article...

• Appeals Court: Involuntary intox not a crime

  The Fifth District Court of Appeals in California ruled on June 26, 2008, in People v. Holloway, 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.
  Read Court Case

• 4 DUI's and a fatal Crash

  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.
  Full Article...

• 10 Month DUI Sentence

  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.
  Full Article...

• DMV Can't Suspend For Boat DUI

  The California Court of Appeals ruled in June, 2008, in Cinquegrani v. DMV, that the DMV cannot suspend a driver license due solely to a boating DUI conviction.
  Read Court Case




• Court Reverses Drunk in "Public"

  The California Court of Appeals ruled in March, 2008, in In Re R.K., 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."
  Read Court Case

• Passenger has standing to challenge stop

  On June 18, 2007, the US Supreme Court ruled in Brendlin v. California, that a passenger may challenge the warrantless stop of a vehicle on Fourth Amendment grounds to suppress evidence later found in his possession.
  Read Court Case

• Appeals Court: Weaving in lane is not enough

  The California Court of Appeals ruled on May, 2007, in Arburn v. DMV, 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.
  Read Court Case

• Court Allows Cop stop based on Anonymous tip

  The California Court of Appeals ruled in February, 2007, in People v. Dolly, that police may stop a vehicle based on an anonymous tip that a "driver is all over the road" or an assault.
  Read Court Case

• Lawyers for Police Assoc. warn re: impounds

  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."
  Full Article...

• Impounds for No License can be Illegal

  The Ninth Circuit Federal Court of Appeals ruled in November, 2005, in Miranda v. City of Cornelius, that police may not impound a vehicle solely because a driver is unlicensed.
  Read Court Case

• PAS Devices Used in Under-21 Cases Must be Proven Reliable

  The California Court of Appeals ruled in October, 1995, in Coniglio v. DMV, that the DMV has the burden of proving the reliability of a PAS device used to suspend an under-21 driver in a zero tolerance arrest. The testimony must show the apparatus was in proper working order, properly maintained, whether the standards for calibration were followed, that the test was properly administered, or evidence explaining how the PAS device should be administered, and that the administering officer was competent and qualified to administer the test. Read Coniglio Case... See also, Molenda v. DMV (2009)...