DUI Checkpoints and Roving Patrols - July 4th weekend - Orange County

July 2, 2010

CHECKPOINTS AND DUI PATROLS ANNOUNCED

You know they’re going to be out there.  The Orange County Sheriff’s Department has announced DUI checkpoints and DUI patrols over the Fourth of July holiday weekend. They are being conducted with their deputies as well as in conjunction with other agencies

Friday, July 2, 2010:

Sheriff’s Department:  San Juan Capistrano from 6 p.m. until 2 a.m.

Buena Park Police Department:  Buena Park from 7 p.m. until 3 a.m.

No specific location was announced for either.

Saturday, July 3rd

Irvine Police Department:  Irvine from 7 p.m. until 3 a.m.

Again, no specific location within the city was disclosed.

ROVING DUI PATROLS:

From Friday night 7/2/2010 until Monday 7/5/2010, extra officers and “roving patrols” will be out in the following cities:

Brea, Cypress, Garden Grove, La Habra, Los Alamitos, Orange, Placentia and Seal Beach.  Officers from the Cal State Fullerton and UCI Police Departments will also be participating.

The Orange County Sheriff’s Department will have “extra” DUI patrols for each of their contract cities and regions of the county.

In addition, the California Highway Patrol will be assigning all available officers to patrol the highways from 6 p.m. tonight (Friday, July 2nd) until midnight Monday July 5th.

YOU HAVE RIGHTS, EVEN IF STOPPED BY ONE OF THE “SPECIAL” PATROLS OR CHECKPOINTS

Keep your rights in mind, should you find yourself being stopped or investigated for a DUI.  You do NOT have to admit anything incriminating, even if you’re not given your Miranda warnings.  See this link for details.

Should you find yourself arrested for DUI, you only have 10 days to challenge the license suspension from the DMV, so act quickly.

See all entries under DUI by clicking on the “DUI” entry on the right side of this page.

Should you need to discuss your situation further, contact my office for a consultation.


Joe Dane

(714) 532-3600

info@joedane.com

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California law on brass knuckles (metal knuckles and composite knuckles) - Orange County Criminal Defense

June 29, 2010

Brass knuckles in California - are they legal?  What if they’re not made out of metal?

I’ve been asked by a few people if “brass knuckles” are illegal, even if they’re not made of metal.

There used to be a loophole in the law, but it’s now closed.

“Brass knuckles” (truly called “metal knuckles” in California law - see Penal Code section 12020) are illegal. It’s a potential felony to possess metal knuckles. The definition is:

” . . .any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow.”

For that section, the device had to be made wholly or partly of metal, but composites materials, such as resins, hard plastics or wood were excluded. Penal Code section 12020 is a “wobbler” - it can be either a felony or a misdemeanor.

But now there’s a code section that also covers composite knuckles: Penal Code section 12020.1:

Any person in this state who possesses, commercially manufactures or causes to be commercially manufactured, or who knowingly imports into the state for commercial sale, keeps for commercial sale, or offers or exposes for commercial sale, any composite knuckles or hard wooden knuckles is guilty of a misdemeanor. As used in this section, “composite knuckles” means any device or instrument made wholly or partially of composite materials, other than a medically prescribed prosthetic, that is not a metal knuckle as defined in paragraph (7) of subdivision (c) of Section 12020, that is worn for purposes of offense or defense in or on the hand, and that either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. As used in this section, “hard wooden knuckles” means any device or instrument made wholly or partially of wood or paper products that is not a metal knuckle as defined in paragraph (7) of subdivision (c) of Section 12020, that is worn for purposes of offense or defense in or on the hand, and that either protects the wearer’s hand while striking a blow, or increases the force of impact from the blow or injury to the individual receiving the blow. The composite materials, wood, or paper products contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs that would contact the individual receiving a blow.

The good news is that it’s a misdemeanor. The bad news is that it’s a misdemeanor and a criminal offense that carries potential jail time, probation, fines and will be on your record indefinitely if you’re convicted.

Even if something is widely available (i.e. on the internet or at the swap meet) doesn’t change the definition under the law.  “Widely available” doesn’t always equate to legal.

Most companies that sell things that are banned in California (such as knives that are illegal here) will put a disclaimer on their website that they can’t be sold in California, etc., but not all do.

Be careful.  Keep in mind that an arrest or charges filed isn’t necessarily the end of the story.  There can be search issues, Miranda violations or other legal and factual defenses available to you that can only be discovered after a thorough review of the facts.

Orange County Defense Attorney - Joe Dane

(714) 532-3600

info@joedane.com

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DUI Checkpoint - Villa Park, Orange County 6/25/10

June 25, 2010

Villa Park DUI Checkpoint announced

The Orange County Sheriff’s Department announced today that they will be conducting a checkpoint in Villa Park Friday, June 25th from 6:00 p.m. until 2:00 the next morning. The specific location within the city was not revealed.

It’s being described as a “safety” checkpoint, but you know what that means - a DUI checkpoint. By classifying it as a safety checkpoint, they will use this as their justification for stopping anyone passing through and demanding your license and sniffing for alcohol.

Is this legal?  Ordinarily, they must have “reasonable suspicion” of criminal activity before they can legally stop you. They must have evidence of some sort of law violation - anything from a burnt out tail light, no front plate or an actual driving offense. The courts have allowed checkpoints and the police’s ability to stop and interrogate during these checkpoints, even with no violation of the law. Why? They say it’s for “public safety.”

But it’s not an absolute right they have. To be valid, DUI checkpoints must meet certain criteria about their set-up, screening criteria, wait limits, escape routes, etc.  If they fail to follow the guidelines, the checkpoint - and more importantly any stops and any evidence gathered (such as blood alcohol levels) is inadmissible.

Should you find yourself in a checkpoint, you must cooperate. The time to fight things will be later. But coooperating doesn’t mean you have to help them build a case against you. You can decline to answer any questions beyond your identity (such as “Have you been drinking?”) and you’re NOT required to submit to their roadside breathalyzer if you’re over 21. The only chemical test you’re required to submit to is AFTER you’re lawfully arrested.

If you are arrested and they take away your license, you only have 10 days to request a hearing with the DMV to challenge the suspension of your license.  Don’t miss that deadline - they can be very unforgiving.

Joe Dane

(714) 532-3600

info@joedane.com

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Theft case - What if the stolen items are returned? Can they still press charges?

June 8, 2010

Theft charges and returning the property taken when asked by the police

A question was asked the other day:  “My Friend was arrested for Grand theft. He stole from a person who he worked for, but they found out about through the nanny cams they had in their home. The owners contacted my friend along with the Sheriff’s department.  The Sheriff then contacted my friend saying that the owners just wanted their things back, so he returned the items. But now he was arrested for Grand Theft and charged by the same people. What can be done?”

First:  Who can “press charges”?

The alleged victim of any crime doesn’t “press charges” - that decision is solely up to the prosecutor.  A person can make a police report and the police can arrest based on the information they gather, but the filing of criminal charges is exclusively up to the prosecutor (the D.A. or City Attorney, depending on the jurisdiction).

Does returning the stolen items solve the problem?

Returning the items doesn’t undo the original act. Your friend will still likely face theft charges in court.  The elements of theft are taking property of another with the intent to permanently deprive them of their property.  Theft is completed at the time of the taking of the property, so returning the items after the fact doesn’t undo the elements of the crime that were in place at the time of the original taking.  It may help to show remorse and lessen any sentence, but technically, it doesn’t ‘fix’ the original problem.

So what should the friend do?

What can be done? He needs a good criminal defense attorney to represent him. The charge he faces depends on the dollar amount - grand theft (over $400) is a “wobbler,” meaning it can be charged as either a felony or a misdemeanor. Depending on just how much over the $400 mark it is will matter significantly. He’s potentially facing a felony charge that carries up to three years in state prison. That isn’t necessarily what he would get, but any criminal conviction carries lasting consequences far beyond the original sentence.

Orange County Defense Attorney - Joe Dane

info@joedane.com

(714) 532-3600

For more about theft charges, see the links below:

Grand theft vs. Petty theft

Theft offenses

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Is it illegal to drive without a front license plate in California?

May 28, 2010

Yes, it is illegal and is an infraction.

Vehicle Code section 5200:

5200.  (a) When two license plates are issued by the department for
use upon a vehicle, they shall be attached to the vehicle for which
they were issued, one in the front and the other in the rear.
(b) When only one license plate is issued for use upon a vehicle,
it shall be attached to the rear thereof, unless the license plate is
issued for use upon a truck tractor, in which case the license plate
shall be displayed in accordance with Section 4850.5.

And how to display them is in Vehicle Code section 5201:

5201.  License plates shall at all times be securely fastened to the
vehicle for which they are issued so as to prevent the plates from
swinging, shall be mounted in a position so as to be clearly visible,
and shall be maintained in a condition so as to be clearly legible.
The rear license plate shall be mounted not less than 12 inches nor
more than 60 inches from the ground, and the front license plate
shall be mounted not more than 60 inches from the ground . . .

There are some exceptions for different commercial vehicles, but the bottom line is this:  If you were issued two plates (as most passenger vehicles are), you’re required to have 2 plates on your car.

It’s a favorite reason for the police to use to pull you over.  While it’s typically a “fix-it” ticket and a small fee or fine, it can lead to much bigger problems if they think you’ve been drinking or otherwise want a reason to contact you.  Remember - all they need is “reasonable suspicion” of any criminal activity (even a minor traffic equipment violation such as this) to pull you over.  Where it goes from there depends on the facts.

If you are pulled over, keep your rights in mind.  See this link for more information.

Joe Dane

(714) 532-3600

info@joedane.com

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