| January 16, 2010 |
| GOOD NEW FOR MULTIPLE DUI OFFENDERS |
| Posted By Michael Fremont |
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Starting July 1st, the California Legislature has given drivers with two and three DUI Convictions a break allowing them to get a restricted drivers license after a 90 day suspension for a 2nd offender, and after a 6 month suspension for a third DUI.
The California legislature enacted new rules for those convicted of multiple DUI offenses.. AFTER JULY 1st
Then old rule allowed a person convicted of a 2nd DUI to get a restricted license (to and from work, work related and alcohol program after serving a year on a 18 month suspension.
The new law allows a 2nd offender to get to get the restricted license after a 90 suspension. The driver MUST have an SR-22 proof of insurance, be enrolled in the SB-38 multiple offender alcohol program, and have an IID (ignition interlock device installed.
The third time offender can now get his restricted licensed after serving 6 months of the 3 year revocation imposed by the DMV.
The DMV is threatening NOT to implement the new rules, claiming that the original suspension MUST be served before any retracted license may be issued. |
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| January 02, 2010 |
| DUI arrests up state wide |
| Posted By Michael Fremont |
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Dui arrests up state wide according to CHP
CHP reports that DUI arrests are up 30% over the holiday period ending December 31st
Now lets see how many of these arrests are upheld in court |
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| December 30, 2009 |
| THREE STRIKES LAW FOR DUI FAILS |
| Posted By Michael Fremont |
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THREE STRIKE D$UI LAW NOT PASSED
The California legislature did not pass a law the would ban for life anyone from getting a drivers license with three DUI convictions
So they would rather they drive uninsured and unlicensed rather than licensed with ignition interlock devices
Just another over the top idea that luckily did not become law
www.mercurymews.com/bay-area-mews/ci_14089044 |
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| December 29, 2009 |
| DUI arrests up in San Diego County |
| Posted By Michael Fremont |
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Just under 500 DUI arrests were made in San Diego County by all law enforcement agencies through December 26th. This is up from the same period last year.
State wide DUI arrests were down. |
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| December 29, 2009 |
| San Diego Drug tests by Pacific Toxicology Lab lacking credibility |
| Posted By Michael Fremont |
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Pacific Toxicology Lab drug testing still a problem admits San Diego District Attorney
For months now the San Diego District Attorney's office has had problems with Pacific Toxicology Lab drug testing results.
The details are have not fully been disclosed and the problem is probably wider spread than the false positives admitted to. Without an outside independent audit by qualified persons not associated with law enforcement the extent of the problem will never be known. The District Attorney has been trying to minimize the damage for months now and has not made full dislosure.
Many more cases will be shown to be affected. The explaination of an inexperienced lab personal is not convincing.
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| December 27, 2009 |
| SAN DIEGO DUI CHECKPOINTS THROUGH NEW YEARS DAY |
| Posted By Michael Fremont |
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SAN DIEGO CHECKPOINTS THROUGH NEW YEARS
POLICE AGENCIES THROUGHOUT SAN DIEGO COUNTY AND CALIFORNIA WILL BE SETTING UP CHECKPOINTS
Beware if past years are any indication of where the checkpoints will be the cops like areas that have high travel, little prior visibility for drivers and no escape route.
In North County that generally means the strand north of Calrsbad going to Oceanside on Carlsbad Blvd, North of Grand or going south on Carlsbad Blvd. South of Carlsbad Village Dr. around Cherry Street.
San Marcos, on San Marcos Blvd East of restaurant row prior to the 78
Coronado, leaving Coronado to the bridge by the old toll booths.
Down Town , on 1st east of A street near the 5 fwy
At the Border, on the North 5 fwy on ramp.
Also, be aware that the cops at the border stalk the parking lots looking for vehicles without proper registration, broken lights, no front license plates and wait until someone gets in and drives to stop you and do a DUI investigation.
Beware |
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| December 27, 2009 |
| SAN DIEGO DUI CHECKPOINTS THROUGH NEW YEARS DAY |
| Posted By Michael Fremont |
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SAN DIEGO CHECKPOINTS THROUGH NEW YEARS
POLICE AGENCIES THROUGHOUT SAN DIEGO COUNTY AND CALIFORNIA WILL BE SETTING UP CHECKPOINTS
Beware if past years are any indication of where the checkpoints will be the cops like areas that have high travel, little prior visibility for drivers and no escape route.
In North County that generally means the strand north of Calrsbad going to Oceanside on Carlsbad Blvd, North of Grand or going south on Carlsbad Blvd. South of Carlsbad Village Dr. around Cherry Street.
San Marcos, on San Marcos Blvd East of restaurant row prior to the 78
Coronado, leaving Coronado to the bridge by the old toll booths.
Down Town , on 1st east of A street near the 5 fwy
At the Border, on the North 5 freeway on ramp.
Also, be aware that the cops at the border stalk the parking lots looking for vehicles without proper registration, broken lights, no front license plates and wait until someone gets in and drives to stop you and do a DUI investigation.
Beware |
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| December 26, 2009 |
| ACLU FIGHTS ESCONDIDO LICENSE CHECKPOINTS |
| Posted By Michael Fremont |
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ACLU QUESTIONS LEGALITY OF LICENSE CHECKPOINTS IN ESCONDIDO
The ACLU has formally demanded the City of Escondido to end it's drivers license checkpoints. They claim that they target minorities and are in violation of California law, Vehicle Code section 14607.6 which prohibits police from stoping a motorist just to check his drivers license.
At night, the drivers license checkpoints are usually conducted with a DUI checkpoint which must meet 8 criteria to be lawful. The Dui checkpoints have also been challenged successfully by criminal defense attorneys as unlawful and not meeting Constitutional standards. The checkpoints have been shown to be the least effective means law enforcement uses to combat drunk drivers. They remain popular however because they are funded by grant money, so they don't cost the agency money and provide easy overtime pay for cops who can make more than $100,000 dollars a year on DUI patrol. |
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| December 26, 2009 |
| CHP arrests 246 drivers for DUI state wide on Christmass eve. Up from last year |
| Posted By Michael Fremont |
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CHP arrests dui drivers Christmas eve. . Up from last year
State wide the CHP arrested 246 suspected drunk drivers. Local police agency statistics not available yet. This number is up from last year. Mostly due, in this authors opinion on the availability of more grant money to pay for easy overtime for increased patrols and checkpoints. |
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| December 25, 2009 |
| Texting drivers more dangerous than DUI/DWI |
| Posted By Michael Fremont |
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Another published study confirming that cell phone and texting drives are more dangerous than DUI/DWI
www.networkworld.com
Ne study out of Utah texting drives more dangerous than DUI/DWI drivers. This confirms that a lot of the Madness over alcohol and driving is misplaced.
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| December 25, 2009 |
| Feds want all persons convicted for a first time DUI to have interlock device (IID) installed |
| Posted By Michael Fremont |
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IID bill would require states to enact new DUI laws mandating IID devices for all first time DUI convictions.
www.ohsoline.com/articles/2009/12/21/ignition-interlock-bill-filed-aspx
In an ill conceived bill, Congress is considering a law that would require all states to mandate IID devices for all those convicted of a first time DUI no matter what the alcohol level or circumstances. If the states do not comply (and they will) highway funds will be withheld. This is the way that the Feds get states to enact laws that Congress has no power to enact. This ploy was used to lower the BAC from .10 to .15 that most states previously set to .08, and zero tolerance for those under 21 along with increasing the drinking age from 18 to 21.
The claim based upon no real evidence, is that this will decrease highway deaths. The problem is that most serious accidents where the driver was at fault are caused by alcohol in the .16 range an higher. This law does not discriminate and is a broad brush that will miss it's target.
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| December 25, 2009 |
| DUI PROBATIONERS BEWARE NEW VEHILCE CODE SECTION 23154 TRAP |
| Posted By Michael Fremont |
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If you are on probation for a DUI the new law allows for penalties and license suspension for driving with any amount of alcohol. This is a ZERO tolerance law put into effect this year. Vehicle Code section 23154.
The new Vehicle Code allows a person on probation to be charged with a violation of Vehicle Code section 23154 if caught driving with any measurable amount of alcohol defined as 0.01% or greater.
This change makes it easier to prosecute someone for violating the term of their probation. Before the change , a person only faced a Penal Code Probation violation rarely charged for the original case. Now a new charge (VC 23154) and DMV administrative action is available to law enforcement. While the Vehicle code violation is only an infraction, it is the DMV action that is onerous. License suspension and IID requirements.
You should not drive with any alcohol in your system if still on probation. You should see if you can get your probation terminated early. Generally the court may be open to early termination if you have been on probation with no violations for 3 years or more. |
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| November 28, 2009 |
| THE HOLIDAY DUI SEASON, COPS BEWARE |
| Posted By Michael Fremont |
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As the Holiday season approaches you should know that cops are being paid more to do DUI enforcement. From checkpoints to saturation patrols they are out there. Some cops make more than $100,000 DOLLARS , yes ONE HUNDRED THOUSAND DOLLARS a year on DUI teams. It's generally low risk easy overtime pay manning checkpoints and watching traffic in areas such as San Diego Gas Lamp and PAcific Beach.
You do not have to answer questions, do FST's or hand held breath tests. Just provide license, registration, and insurance if asked. Take the implied consent alcohol test and nothing else, breath if available. So cops beware, drivers who read this know what you are up to. Making money . |
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