DUI
CA DUI News
Moviemaker Jon Peters in Violation of California DUI Parole
Peters fails to complete requirements of parole following drunk driving arrest in Ventura County, California.
Hollywood producer Jon Peters has been ordered to appear in court after reportedly not completing the terms of his California DUI parole. Peters was charged with drunk driving in Ventura County, California in February 2006 after being found asleep in his vehicle. He pleaded no contest and was ordered to complete an alcohol awareness program, regularly report to a probation officer and perform community service.
Peters was to work with the charity Homeboy Industries, which helps gang members rehabilitate after a prison sentence. While a proof of completion for 40 hours of community service was submitted to the court, when Homeboy Industries was contacted, they were only able to confirm 4 hours of involvement.
Peters has been ordered to appear in the Ventura County Court on January 16, 2009. The length of his probation for the 2006 CA DUI was three years, so he could be sent to prison under a parole violation.
Peters produced 'Superman Returns' and is the former lover of Barbra Streisand. A spokesperson for Peters was not available for comment.
If you or a friend have been charged with drunk driving in Ventura County you will need to hire a DUI lawyer in Southern California for representation on your DUI charge and DMV hearing.
No California DUI Arrests During 'Causeway Classic'
Police were out in force over big football weekend for drunk driving in Northern California.
Law enforcement agencies from Yolo County and the Sacramento area joined forces in a saturation patrol last Saturday. Their target was motorists suspected of California DUI during the annual 'Causeway Classic' football game. Officers stopped 116 motorists. They had 5 drivers perform field sobriety tests, though no one was arrested for drunk driving in California. Twelve citations were issued for safety and vehicle code violations.
The campaign was part of the 'Avoid the Eight' program funded by the California Office of Traffic Safety and the National Highway Traffic Safety Administration.
If you or a friend have been arrested for drunk driving in Northern California you will need to hire a Northern California DUI lawyer for representation on your drunk driving charge and DMV hearing.
California Law Enforcement to Have Intensive DUI Patrols During Causeway Classic
Extra DUI patrols planned for crackdown of drunk driving in California around football game.
The city of Davis will be drawing crowds this Saturday for the Causeway Classic between UC Davis Aggies and Sacramento State Hornets. The 'Avoid the Eight' DUI Enforcement Task Force will also be out in big numbers looking for motorists suspected of drunk driving in California.
Law enforcement agencies will be joining forces for intensive CA DUI saturation patrols between noon and 6:00 pm Saturday. Included are officers from the California Highway Patrol, Yolo County Sheriff's Department and Yolo County Probation Department, local police departments from Davis, West Sacramento, Sacramento, Winters and Woodland, as well as the UC Davis police department.
The 'Avoid the Eight' campaigns are aimed at warning motorists to avoid drinking and driving with a blood-alcohol content over the legal limit of .08%. The programs are funded by grants from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
If you have been arrested for drunk driving in California you need to hire a DUI lawyer in California to represent you on your drunk driving charge and DMV hearing.
California DUI Counselors File Suit
Organizations don’t want new competition for drunk driving classes.
The San Joaquin County Board of Supervisors voted on July 8 to recommend that the state license ‘Service First’ to operate alcohol education and awareness classes for California DUI offenders. In response, two organizations currently providing classes in the area filed suit. Both claimed $4 million in damages from the Board’s actions.
The San Joaquin Safety Council and S&B Service say the Board did not take into account the financial impact of adding another class provider. They also claim that a report showed there was no justification for a new provider. County Counsel calls the suits “absurd”, saying the Board only made a recommendation and that it is up to the state to make a final decision.
There are four organizations in the area that are licensed to conduct court-ordered alcohol education classes. The licenses have restrictions, including a cap on profits. The programs are designed to help motorists convicted of drunk driving in California break their dangerous habit and reduce recidivism. Data indicates that enrollment in the DUI classes has remained steady in the county, with a slight increase in Stockton. That rise, and a current lack of a single location program in Stockton, is what prompted the County Board to make its recommendation.
El Concilio, a program provider that did not file suit, says that there is room for growth and that the market should be open to the decision of attendees.
Were you charged with DUI in San Joaquin County, CA?
Snoop Dogg’s Wife Cleared of California DUI
Rapper’s wife suspected if driving under the influence in Fullerton California.
Shante Broadus, wife of Snoop Dogg, has been cleared of Driving Under the Influence in California. She was stopped June 14th and booked on suspicion of DUI after police suspected impaired driving from smoking marijuana.
The Orange County District Attorney declined to pursue the case though, citing insufficient evidence to prove she was driving impaired.
If you have been arrested for a DUI in Orange County, California you will need to hire a Southern California DUI Lawyer.
Police Officer Charged with California DUI in Orange County
Officer was on-duty when arrested for drunk driving in Los Angeles area.
An 18-year veteran with the Los Angeles County Sheriff’s Department has been charged with driving under the influence in California following an accident in Garden Grove.
Deputy Robert Moran was on-duty driving a sheriff’s department Chevrolet Blazer when he ran a red light around 5:30 in the morning and struck another vehicle. The driver of the other vehicle suffered life threatening injuries. A passenger in the other vehicle, and Moran, were also taken to the hospital.
A police officer responding to the accident detected alcohol on Moran’s breath, and Moran was booked on suspicion of drinking and driving in Orange County, California. After posting bail, Moran was immediately suspended from duty.
If you have been arrested for drunk driving in Orange County, California you will need to find a DUI attorney in Southern California to represent you on your DUI charge and help you fight to save your drivers license.
Grant to Help Fight California DUI in Contra Costa County
Contra Costa County Sheriff's Office gets money from state to target drunk driving in northern California county.
The Contra Costa Sheriff's Office has received a state grant to fund efforts to catch drivers suspected of driving under the influence in California.
A $662,000 grant will be distributed over a three year period to help fund the county's 'Avoid The 25' program, which targets drunk drivers through increased enforcement activities. The program name comes from the combined California DUI effort of the county's 25 law enforcement agencies. Its efforts include roaming DUI patrols and sobriety checkpoints. The grant will also pay for a public awareness campaign about the consequences and dangers of drunk driving in California.
A separate grant of $620,115 was given to the Contra Costa County Probation Department to fund programs targeting felony California DUI offenders. According to county statistics, law enforcement agencies arrested more than 600 motorists for DUI offenses in December 2007 alone.
If you have arrested for DUI in Contra Costa County, California you will need to hire a DUI lawyer in Contra Costa.
California DUI Arrests Down Over Memorial Day Weekend
CHP reports decline in cases of drunk driving in California.
A spokesperson for the California Highway Patrol has indicated that arrests over the Memorial Day Weekend for driving under the influence in California were lower than last year.
Across the state, CHP officers charged 1,301 motorists with drunk driving in California. Last year the total was 1,449. Arrests for DUI in Los Angeles County were down, while Sacramento DUI and San Francisco DUI incidents were higher.
It was speculated that the figures were influenced by an increased awareness of the dangers of driving while intoxicated and reduced driving due to high gas prices. CHP says that the Memorial Day Weekend traditionally is not the biggest holiday for drinking and driving. July 4th is reportedly worse, and New Year’s Eve has the highest number of arrests for California drunk driving.
The statistics reflect California DUI arrests made between 6:00 pm Friday and 6 am Monday.
Refusal to Take BAC Test In California DUI Case
In Case of Refusal to Take Blood Alcohol Test, C.A. Rules: DMV May Suspend Driver's License Without Proof of Driving.
The Department of Motor Vehicles may suspend a driver's license based on failure to submit to alcohol testing even in the absence of a finding the driver was operating a vehicle at the time of the refusal, the First District Court of Appeal has ruled.
Taking sides is a dispute it said had split California's appellate courts for more than a decade, Div. Three on Tuesday took issue with two rulings by the Fifth District Jackson v. Pierce (1990) 224 Cal.App.3d 964 and Medina v. Department of Motor Vehicles (1987) 188 Cal.App.3d 744.
Presiding Justice William R. McGuiness said the better argument was that made by the DMV in support of its suspension of Terry Troppman's license. Following the Fifth District's 1988 decision in Rice v. Pierce, 203 Cal.App.3d 1460, and the Sixth District's ruling in Machado v. Department of Motor Vehicles (1992) 10 Cal.App.4th 1687, McGuiness concluded that proof of actual driving is not required to support a license suspension or revocation in chemical refusal cases under Vehicle Code Sec. 13353.
Slumped in Van
A police officer woke Troppman at 10:45 p.m. on a Thursday evening in January of 2003 after finding her slumped over in the driver's seat of a parked van. She was the only occupant, and the officer said he smelled alcohol and thought she appeared inebriated.
He arrested her after she failed field sobriety tests. At the police station she twice attempted to take a breath test without success, and then refused further testing.
At the administrative hearing Troppman conceded she was an alcoholic and had been drinking, but testified she had parked before she consumed quite a few glasses of wine and did not drive afterward.
The hearing officer concluded the arresting officer had reasonable cause to believe Troppman was driving drunk, but did not make a finding that she operated the van after drinking. A San Mateo Superior Court judge, relying on the Fifth District cases, ordered the resulting suspension set aside.
McGuiness noted the Troppman never challenged the lawfulness of her arrest. Hence, he reasoned, the case did not present the question of to what extent state high court case law requiring an officer to observe vehicular movement prior to making a drunk driving arrest was abrogated by subsequent legislation permitting arrests without such an observation where there is a risk that evidence may be destroyed by the passage of time.
Vehicle Code Mandates
The presiding justice pointed out that Sec. 13353 specifically requires hearing officers to review whether the officer making the arrest had reasonable cause to believe the arrestee was driving while under the influence, and to determine whether the arrestee was advised of the consequences of refusing to be tested.
McGuiness declared:
We agree with the reasoning of Rice and Machado. It is apparent the Legislature enacted section 13353 to give police officers a tool to obtain chemical testing from drunk driving suspects without having to resort to physical compulsion. Although the Legislature expressly conditioned the use of section 13353 upon a lawful arrest for driving under the influence and upon the officer's reasonable belief that the arrestee was so driving, nowhere does the statute make suspension of the arrestee's license conditional upon proof that he or she was actually driving at the time of the alleged offense. While the distinction between proof necessary to administer a chemical test and proof necessary to suspend a person's driver's license may hold some rhetorical appeal, we find no support for such a distinction in the language of the statutes. If the Legislature wished to make suspension of a person's license under section 13353 conditional upon a finding that the person was actually driving at the time of the alleged offense, it could have easily added this subject to the required findings enumerated in the statute.
He continued:
Instead, under the language of section 13353, it is sufficient that the arresting officer has reasonable cause to believe the person had been driving' while under the influence of drugs or alcohol.
Justices Carol Corrigan and Stuart Pollak concurred, but Pollak wrote separately to argue that it was unnecessary for the court to derive authority for the license suspension from the doctrine of implied consent.
Pollak wrote:
There is no constitutional or other impediment to the Legislature authorizing the forfeiture of a driver's license if the person, lawfully arrested for suspected drunken driving and properly warned of the consequences..., refuses to submit to a chemical test of intoxication.
Troppman's license suspension was valid, Pollak explained, not because she impliedly consented to submit to a chemical test under the circumstances, but because the validity and enforceability of section 13353 does not require such consent on her part.
The case is Troppman v. Gourley, 05 S.O.S. 761.
Thursday, February 10, 2005
By DAVID WATSON, Staff Writer
Copyright 2005, Metropolitan News Company
Are you in need of a California DUI Attorney?
Scooter Patrol Takes Drunk Drivers Home in Southern California
Volunteers seek to save lives by ferrying inebriated drivers home.
"Sir, turn your vehicle off!" Anthony Panzica hollers into the open driver's-side window.
A man wearing a scraggly beard and a green St. Patrick's Day necklace has passed out at the wheel of his white Econoline van. Encircled by a telltale cloud of beer stench, his head rises and falls with unconscious breathing.
"I can't let you drive!" Panzica continues.
The bearded man awakens, but only enough to slightly cock his head, then pin his accelerator. The engine roar stops all conversation in a long line waiting to enter the packed Seal Beach bar around the corner.
Luckily, the van is in park.
Panzica, 39, is the founder of Scooter Patrol, a nonprofit Long Beach group saving lives (as well as DUI arrests) by ferrying inebriated bar patrons home in their own cars. Folding electric scooters are placed in trunks or truck beds; volunteers ride them to their next inebriated client.
Normally, Panzica demands car keys from any obviously impaired drivers he encounters along the way. If they resist, he grabs the keys and forcibly drives them home.
"When somebody can't stand or walk, they can hardly drive a vehicle," Panzica said earlier. "Now they're putting me and my friends and family at risk, and I'm not gonna have that."
But fate has hurled Panzica a curveball with the bearded man: His van has no key. It's configured for a paraplegic. A joystick substitutes for the steering wheel, a series of unrecognizable buttons for all the familiar pedals and knobs.
Not only could Panzica never drive this vehicle, he can't cut the engine.
"You've got to shut this thing off!" Panzica shouts. "I'm going to call the police!"
After five minutes, the bearded man obeys and hydraulically lowers himself to the sidewalk. Panzica introduces himself, in a surprisingly polite tone, then wheels him to a nearby coffee shop.
"I'll wait here for three hours," the man slurs. "I won't drive, I promise."
During the week, Scooter Patrol -- which posts fliers in popular bars around Long Beach, Sunset Beach, Huntington Beach and Seal Beach -- responds to three to six calls per night, either from worried drivers or bartenders.
On weekends, the frequency is eight to 20, and on this night that number doubles.
St. Patrick's Day is the second drunkest night after New Year's Eve.
"The beauty of the whole thing is you have your vehicle in your front yard tomorrow morning," says tonight's first official client, who asks to be referred to only as Mike.
He is not visibly impaired but says he downed nine drinks over the previous three hours at a Seal Beach pub called Dave's Other Place.
"If I were to call a cab, I'd have to figure out a way to get down here tomorrow morning, get my truck and then be at work on time," he continues, as his Chevy Silverado is driven the 25 minutes back to Huntington Beach for him.
"I've got Anthony on my speed dial," Mike says. (This is his fifth time using Scooter Patrol.)
Normally, Panzica plops his Goped into the back of Mike's pickup.
But Panzica and a journalist can't fit on a one-person scooter. So tonight we're tailed by our ride back, a van driven by a former client and current Scooter Patrol volunteer. (His van features passenger amenities such as water, breath mints and air-sickness bags.)
Panzica is a Chicago-born Army brat whose last steady job was working corporate events as a James Dean impersonator in the '90s.
The resemblance is still uncanny, which begs the question: Have people ever awakened to freak out at the sight of James Dean driving their car?
Panzica laughs. "He wasn't too good of a driver, was he?" he responds.
Scooter Patrol employs Panzica and four other trained drivers. They're all volunteers, but do OK on tips. (Mike will hand Panzica $40 tonight, more than cab fare plus gratuity.)
"I plan on making a good living doing this eventually," Panzica says. "But it has to be built up and proven first."
Panzica interrupts to field a request from a new client on his never-silent cell phone.
"Hang tight for another half hour," he tells Stacy, who says she's waiting in front of O'Malley's in Seal Beach, wearing a tall green hat. The next call is a woman requesting transportation from one bar to another.
"We're really not solving any problems that way," Panzica explains to the caller. "We only want to get you home, so that you don't hurt yourself or someone else."
In 1989 Panzica received his own DUI conviction, courtesy of the Santa Monica Police Department.
"I was out partying one night and I didn't realize how much I imbibed," he says. "It was one of the worst experiences of my life."
He estimates the cost in fines and insurance at about $6,000. (Since then, it's doubled -- and that's not counting any criminal charges, civil judgments and lifelong guilt for possibly killing or maiming others.)
Panzica dreamed up Scooter Patrol three years ago to help others avoid his fate -- or a worse one. The idea came during a conversation with a friend on Main Street in Seal Beach, Southern California's Times Square of alcohol consumption. (A one-mile stretch contains 21 always-busy drinking establishments.)
"We tried to come up with a solution to how you get the guy's car home with him," Panzica says. "We talked about a tow truck or a skateboard, folding bicycles. And we finally hit on scooters that fold up."
It was an original idea -- until Panzica discovered that one UK anti-drunk-driving organization had invented it two years earlier.
"But they charge for their service," he says.
Another similar service, the Designated Drivers Association, operated briefly around Santa Monica last year. Drunk motorists were driven home from bars by two volunteers -- one in the driver's car, the second tailing in another.
"But we suspended operations indefinitely," DDA founder Nick Yaya said during a separate interview. He blamed lack of support from the community during New Year's Eve.
"We just couldn't get the message out like we needed to," he said. (Yaya has since gotten in touch with Panzica, and the two have scheduled a meeting to try and combine forces.)
"This is the bridge where I nearly got killed," Panzica says as he nears his first client's house. The memory is only one-month old.
"There was a drunk driver going the wrong way in this lane," Panzica says. "He missed me by about four inches and plowed into the person behind me." (The drunk driver died, Panzica reports; his victim survived with minor injuries.)
You won't find many people to argue how wrong drunk driving is. Yet you also won't find many people who won't take the wheel after only two beers on a Saturday night. Like it or not, that's our culture.
A case such as Mike's or the bearded man's is clear-cut. But what about the drinker who's had significantly less and insists on driving?
"That's a hard one," Panzica says.
Drinkers are never a reliable gauge of how intoxicated they are. Neither are the DMV charts mailed out with registration renewals, which account only for differences in weight.
Accurately predicting blood-alcohol content (BAC) based on number of drinks over time also requires knowledge of when and how much food was last consumed. Knowing a person's individual metabolic rate and body-fat content also is vital. And gender is a factor, with alcohol rushing faster into the bloodstream of females.
Personal breath tests aren't accurate either -- at least as of five years ago, when this reporter tested the Alcolimit DriveSafe model against a police machine.
After two 8-ounce glasses of champagne and a 15-minute wait, the test subject blew a .015 with the personal Alcolimit, but a whopping .07 at the police station.
Besides, drivers can legally be charged with DUI at any BAC level -- if field-sobriety tests suggest they are impaired.
"Nobody can know for sure," says Panzica, whose personal answer is never to drive with a trace of alcohol in him. However, this is not realistic for most party-going Americans.
"After you get popped, you know when you're impaired," says Mike. "I know based upon the education I was forced to receive, issued by the courts."
Scooter Patrol currently operates from Huntington Beach up to Belmont Shore, but Panzica says he hopes to expand as far north as Manhattan Beach.
"There's no set plan yet, but I've received some phone calls and e-mails from South Bay business people and residents who are very interested in having Scooter Patrol in their community."
However, even a Scooter Patrol in every American city wouldn't scratch the surface of the drunk-driving scourge.
Every 33 minutes in the U.S., someone is killed in a drunk-driving crash, according to the National Highway Traffic Safety Administration.
"There's a serious problem there," Panzica says, "and it's not getting adequately addressed by drunk-driving laws."
As if to illustrate the point, the bearded man wheels himself unsteadily out of the coffee shop and back into his van only 15 minutes after promising Panzica he'd take his time sobering up.
Panzica again threatens to summon the cops. This time, he is ignored. As the man starts up his van, Panzica whips out his cell phone. The bearded man isn't even looking. He pulls away, astonishing onlookers.
In two years of performing this service, seven nights a week, Panzica says he's "never dealt with anything like this."
Panzica opts not to place the call to the police.
"When you're trying to help the community, getting people incarcerated can hurt your reputation as somebody known for caring for people," he says. "But, let me tell you, that was a very, very hard decision to make."
Down the street, two unsuspecting boys dart their bicycles out in front of the van. Luckily, they are not hit.
"It's gonna be a long night," Panzica says
By Corey Levitan - Long Beach, CA
Daily Breeze
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