I feel like a thief when I just point to newspaper articles as being interesting.  This one is a good enough read that I find myself doing it once again.  The Sacramento Bee newspaper has an article in today’s paper (February 11, 2012) on the front of the Our Region section titled “How Fees Drive Up Ticket Costs.”  I won’t copy or rewrite the article here but basically it shows how a $20.00 ticket for talking on a cell phone ends up being $166.00, a running a stop sign ticket (hollywood stop) is $35.00 but ends up being $236.00.  In my world, where we work with DUI cases, the base fine is $480.00.  With all the penalty assessments the ultimate cost ranges anywhere from about $1900.00 to $3100.00, depending on the county.

Somewhere in the neighborhood of 24th Street and Fruitridge Blvd. the Sacramento Police Department conducted a DUI Check Point, where they stopped 917 cars that led to the arrest of 4 people for driving under the influence of drugs or alcohol.  With grant money to spend you can expect more of these throughout the year.  My advice remains the same, use public transportation or get someone to drop you off when you go out on the town.  That way it is nearly impossible to make a bad decision when you decide it’s time to go home.

There is a stretch of highway in Sacramento that goes by the names of Business 80, State Route 51 and the Elvas Freeway.  This seems to be a regular source of DUI enforcement stops.  Sometimes those stops are warranted and sometimes they are not.  The specific section of that roadway that seems difficult to navigate is the area between Arden Way and “J” Street, in downtown Sacramento.  The winding roadway between those two points, with its on ramps and off ramps funneling traffic on and off the freeway, seems to invite drivers to use more of the roadway than a normal straight road.  If you mix drinking with driving on the road with three names, you may invite contact by law enforcement.  When you drink, please use public transportation or a reliable designated driver and get home safely.

Today’s Sacramento Bee has a front page story about politicians titled “LAWMAKERS, Hayashi links theft to tumor; Donnelly mum on gun permit.”  These are not DUI related crimes but it demonstrates the fact that the prosecution is sensitive to the public’s perception and watchful eye when it comes to fairness.

I can think of two politicians and two prosecutors that have been prosecuted for DUI related offenses in the past several years as well.  If it seems to you that these people are getting better deals, it may simply mean they have better and more thorough attorneys, when it comes to defense.

When the prosecution makes a filing decision, they very often do not have both sides of the story.  Remember the saying, “there are two sides to every coin.” What the prosecution ends up with is law enforcement’s version of the events.  Sometimes information has been relayed to them by a victim and sometimes it’s just law enforcements perspective.  If Denis White Law gets involved early enough and we think the prosecution would be receptive to defense evidence, we pick up the telephone and call them.  It’s that simple!  My point is, if you don’t think you’re being treated fairly, it could just be that you have selected an attorney that is not looking at all the possibilities or perhaps doesn’t know what to do with the defense information you have shared with him/her.  A good DUI lawyer’s job is to look for evidence that makes your case deserving of better or different treatment.

While the new law (California Vehicle Code §23597) allowing judges to revoke a person’s license for 10 years won’t be imposed in all cases, you can bet that the prosecutors will be making compelling arguments to do so.  The new law says that a judge should consider the following factors:

(1) The person’s level of remorse for the acts.

(2) The period of time that has elapsed since the person’s previous convictions.

(3) The person’s blood-alcohol level at the time of the violation.

(4) The person’s participation in an alcohol treatment program.

(5) The person’s risk to traffic or public safety.

(6) The person’s ability to install a certified ignition interlock device in each motor vehicle that he or she owns or operates.

If, for five years, you avoid subsequent convictions for DUIs or for driving on a suspended license and you complete your DUI school you
may be eligible for an Ignition Interlock Device restricted license.

1. Request a DMV APS hearing within 10 days of the date of the arrest.
2. Win the APS hearing and,
3. Resolve the criminal case for something less than a regular DUI or win at trial

It sounds almost impossible but it just takes a good DUI attorney and the right set of facts.  We have lots of examples but we’d rather hear your story and see if there is something we can do for you.  Call Denis White Law at (916) 444-3300 and share the facts of your case.

In today’s Sacramento Bee newspaper, there is a posting of free or cheap transportion for New Years partiers wanting to avoid chancing arrest for driving under the influence (DUI).

1.  Yellow Cab 444-2222 (ride from downtown hotel or bar to home in the city)

2.  Folsom Police Department 355-7231 (rides for Folsom residents within the city)

3.  Last call Sacramento  933-7483 (free from sponsor bars, small fee from non sponsor bars)

4.  AAA 800-222-4357 (members only)

The free service is great if you are lucky enough to be at the front of the line.  On a night like tonight though, the wait may be too long and it’s difficult to be patient when you decide it’s time to go home.  Your car will beg you to drive when you’re standing out in the cold waiting for the free ride.

My recommendation, as always, is take a cab when you go out.  Have a happy and safe New Year!

EMERGENCY NOTICE regarding SACRAMENTO DUI CHECKPOINT, tonight, December 30, 2011.  The Sacramento Police Department (SPD) is conducting a checkpoint at 21^st Street and Capitol Avenue (Downtown Sacramento) tonight beginning at 9:00pm.  It will remain open until at
least 2:00am but may last until 4:00am.

If you’ve been drinking at all, please don’t try to avoid the checkpoint.  Take a cab home!  There will be lots of law enforcement out
tonight and throughout the weekend, so simply taking a route around a checkpoint is no guarantee you’ll be able to avoid a stop and possible DUI
arrest.