CONCORD DUI CHECKPOINT THIS WEEKEND

According to a report in the Contra Costa Times, the Concord Police Department will conduct a driving under the influence checkpoint this weekend.  The DUI checkpoint will be in the City of Concord, near the intersection of Clayton and Ayers roads.  It will start Saturday night at 9:30, and finish at 3:30 Sunday morning.
The officers will likely stop cars based on a neutral formula, such as every fifth car.  When a car is stopped, officers will look for signs of alcohol use by the driver, as well as drivers without valid licenses. 

HOW STONED IS TOO STONED

The proliferation of medical marijuana legislation and increase in the number of people regularly using marijuana has raised difficult questions for DUI attorneys.  Most thorny is how much can a person smoke and still be able to safely drive?  In alcohol cases, there are mountains of laboratory studies correlating impairment with specific blood alcohol levels.  Most agree that .08% is the level at which all people are too intoxicated to drive.  There is no such clear cut level for marijuana in the body. 
Under California Vehicle Code section 23152(a), it is against the law to drive while under the influence of any substance, including marijuana.  This is true even if the driver has a valid medical recommendation.  However, coming up with an objective limit for marijuana has been elusive.  Different people will exhibit far different reactions to different levels of THC in their blood.  Scientists just cannot agree on that “.08” standard for marijuana.  Two states have set 5 nanograms per milliliter of blood as a limit.  Others have set a zero tolerance level.  Washington and Colorado have proposed setting the level at 5 nanograms per milliliter of blood.  Unfortunately, any of these levels are arbitrarily arrived at, without solid scientific studies to back them up. 
A saliva test that could be used at the roadside is currently under development.  This test would determine if the subject has recently ingested marijuana.  However, it would be incapable of determining how much the person has ingested.  It would rely on the subjective and biased observations and field sobriety tests of the officer to draw the conclusion that the subject is too intoxicated on marijuana to drive safely.  This is hardly better than what we face now when defending marijuana DUI cases. 

St. Patrick’s Aftermath

I must apologize for not getting the word out sooner about a few DUI checkpoints that I didn’t get wind of until today.  The first was in Novato.  As far as I can tell their sobriety checkpoint was not publicized beforehand.  It was set up at the 1000 block of Sunset Parkway.  They reportedly screened 228 driver and nabbed two suspected drunk drivers.  It lasted from 7:00 p.m. on Friday to 2:00 a.m. on St. Patrick’s Day morning. 
The other sobriety checkpoint action I missed was in San Mateo County’s Redwood City.  Apparently they set up “roving”  DUI checkpoints at four undisclosed locations.  The locations were chosen for their likelihood of seeing impaired drivers.  It lasted from 6:00 p.m. Saturday night to 1:00 a.m. Sunday morning. 
On the bright side of DUI prevention, The Northern California AAA service conducted their regular “Tipsy Tow”  service.  From 6:00 p.m. Saturday night until 6:00 a.m. Sunday morning anyone concerned about themselves or anyone else could call for a free tow home.  AAA would tow your car for free up to 10 miles.  Of course, you were allowed to ride in the front.  The only explanation needed for this service was the words “I need a Tipsy Tow” when calling (800) AAA-HELP.  We should all applaud AAA for offering this incredibly generous public service.  Who knows how many lives have been saved by them towing tipsy drivers home.  I would be interested to know how many people actually take advantage of this service.  Look out for it again on popular party nights, such as Cinco de Mayo and the Fourth of July.

ST. PATRICK’S DAY DUI ACTION

I must apologize for not getting the word out sooner about a few DUI checkpoints that I didn’t get wind of until today.  The first was in Novato.  As far as I can tell their sobriety checkpoint was not publicized beforehand.  It was set up at the 1000 block of Sunset Parkway.  They reportedly screened 228 driver and nabbed two suspected drunk drivers.  It lasted from 7:00 p.m. on Friday to 2:00 a.m. on St. Patrick’s Day morning. 
The other sobriety checkpoint action I missed was in San Mateo County’s Redwood City.  Apparently they set up “roving”  DUI checkpoints at four undisclosed locations.  The locations were chosen for their likelihood of seeing impaired drivers.  It lasted from 6:00 p.m. Saturday night to 1:00 a.m. Sunday morning. 
On the bright side of DUI prevention, The Northern California AAA service conducted their regular “Tipsy Tow”  service.  From 6:00 p.m. Saturday night until 6:00 a.m. Sunday morning anyone concerned about themselves or anyone else could call for a free tow home.  AAA would tow your car for free up to 10 miles.  Of course, you were allowed to ride in the front.  The only explanation needed for this service was the words “I need a Tipsy Tow” when calling (800) AAA-HELP.  We should all applaud AAA for offering this incredibly generous public service.  Who knows how many lives have been saved by them towing tipsy drivers home.  I would be interested to know how many people actually take advantage of this service.  Look out for it again on popular party nights, such as Cinco de Mayo and the Fourth of July.

DUI CHECKPOINTS IN ALAMEDA COUNTY

Two driving under the influence sobriety checkpoints are scheduled for St. Patrick’s Day in Alameda County.  The two cities where the checkpoints will be set up are Berkeley and Livermore.  The press release does not state exactly where the checkpoints will be. 
Along with these two checkpoints, “saturation patrols”  will be instituted Saturday night in the cities of Alameda, Oakland, and Fremont.  This usually means that more officers will be out on the street, and they will be focusing their attention on downtown areas where drivers might be leaving bars.  It goes without saying that St. Patrick’s Day is a terrible time to risk driving home after a few drinks.  Whatever it costs to make alternative transportation arrangements will seem like a bargain next to paying for a DUI. 

ST. PATRICK’S DAY DUI CHECKPOINT IN SAN FRANCISCO

According to a press release put out by the San Francisco Police Department, there will be a sobriety checkpoint on Saturday, March17, 2012.  That day is of course St. Patrick’s Day.  The officers will be mainly looking for drivers showing signs of intoxication, and driving on a suspended license.  The DUI checkpoint will be set up at Geary Boulevard and Ninth Street, and will last from 8:30 p.m. until Sunday morning.

While the San Francisco checkpoint that has so far been announced, two other agencies have announced special DUI enforcement this weekend.  Napa and Solano Counties have both announced that they will deploy more officers on overtime from 6:00 p.m. Friday until 6:00 a.m. Sunday.  They will focus their enforcement on “drinking driver hotspots”.  I’m sure this means they will be watching anyone coming out of the bars at about 2:00 a.m. very closely.

I will continue to check for other St. Patrick’s Day DUI enforcement announcements this week, and will report my findings on this blog.  

FLAWS IN PAS TESTS WIDESPREAD

As I discussed last week in this blog, the San Francisco District Attorney’s office announced that the Police Department has not been checking their preliminary alcohol screening (PAS) devices since at least 2006.  This is a clear violation of California law, and calls in the question all past DUI convictions that relied on PAS device results.

However, as reported by a March 12, 2012 article in the San Francisco Chronicle, San Francisco may not be alone in this problem.  Philadelphia reported a similar situation last year.  They offered 1,500 DUI defendants new trials, which 70 people took advantage of.  Closer to home, a problem with PAS devices in Santa Clara County put almost 1,000 DUI cases in question.  There, a newer PAS device had problems with condensation building up in the device.  Ventura County had a similar problem.

While the PAS device revelation is potentially good news for people facing DUI charges in San Francisco, it is important to note that the PAS device is only one piece of evidence.  In most cases, there is also an “evidential” post arrest test of either breath or blood.  These tests are not impacted by the recent revelation.  This is why it is important to hire an experienced DUI attorney to assess any possible impact on your case.  If you were convicted of DUI in San Francisco since 2006 it may be a good idea to talk to an attorney to determine if your conviction can be tossed out. 

RUNNING FROM THE COPS IS NEVER A GOOD IDEA

According to an article printed in the San Jose Mercury News on March 5, a San Rafael man’s evening started out bad when an off-duty Alameda County Sheriff’s Deputy spotted him on Highway 101 in Novato driving erratically.  The deputy reported the sighting and the CHP quickly pulled the man over.  After allegedly seeing open containers of alcohol in the car the officers asked the man to perform field sobriety tests (FSTs).  During the instructions the man tried running from the cops, who quickly caught him. 
Possibly he ran because he knew that the officers were about to find out that he had three prior driving under the influence (DUI) convictions.  Under California law, the prosecutor has the option of filing a DUI as a felony if the defendant has either three prior DUI convictions within 10 years or one prior felony DUI conviction within 10 years.  The punishment for a felony DUI can be up to three years in the state prison. 
Obviously, running from officers rarely helps your case.  It can be used as “consciousness of guilt” by the prosecutor.  That means that the DA can ask the jury to infer that you ran from the officers because you knew you were guilty.  It’s the closest thing to a confession.  It also allows the DA to add a misdemeanor charge of resisting an officer. 
If you are being detained or arrested by the police, it is good advice to comply with the orders of the officers.  You don’t have to agree to any requests, such as searching your possessions or giving a statement.  However, the best thing is usually to clearly tell the officer that you are not consenting, but then comply with his orders.  Let your attorney fight the cops on your behalf later in court. 

MORE KIDS DRIVING HIGH

According to a new study by Liberty Mutual Insurance and Students Against Destructive Decisions, which I learned about by reading an article in the San Jose Mercury News, a startling number of youths are driving after smoking marijuana.  One in five teenagers admitted to driving after smoking marijuana, or 20%.  This figure is higher than teens who admit to driving after drinking alcohol, which was 13%. 
The article does not discuss the possible reasons for the high number of kids who think it is ok to smoke marijuana and drive.  One possible explanation is the increase of marijuana use for “medicinal” purposes.  It seems like everyone nowadays has a doctor’s excuse for lighting up a dooby.  Kids too young to buy alcohol can often get such a recommendation.  Their parents may also smoke marijuana for medical reasons, sometimes before driving.  This gives kids the impression that driving while under the influence of marijuana is safer than driving under the influence of alcohol. 
It is important to understand that driving while under the influence of any substance is potentially dangerous.  This goes for alcohol, some prescription medications, and marijuana.  It can also lead to you being pulled over and arrested for DUI, even if you were simply following doctor’s orders.

SERIOUS PROBLEMS WITH SAN FRANCISCO PAS DEVICES

According to a memo forwarded to me from the San Francisco District Attorney’s Office, the SFPD has not properly checked their preliminary alcohol screening devices for accuracy.  Assistant District Attorney Jerry P. Coleman asserts that, “[I]t appears that the San Francisco Police Department has been calibrating its P.A.S. devices, but has not been performing accuracy checks.” This revelation seriously calls into question to validity of all P.A.S. test results in San Francisco.  It is unclear if the devices used to perform evidential breath alcohol tests were checked for accuracy either. 
The methods used to calibrate the P.A.S. devices are also being questioned, because SFPD has been using expired sample gas canisters to perform calibrations. 
According to California Code of Regulations, Title 17, section 1221.4, the accuracy of breath instruments shall be conducted at least every 10 days, or 150 tests, whichever comes sooner. 
This serious failure by SFPD to abide by California law should cause us to question all methods employed by that department.  If they can have such a cavalier attitude towards this requirement why should we assume that they are following other standards? 

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