DUI checkpoints

Published on: April 23, 2014

24/7 Sobriety Programs or Interlock Ignition Devices: Which Work Better for Deterring Los Angeles DUI Recidivism?

A profound debate is going on in the Los Angeles DUI defense community (and the DUI community at large): What techniques and strategies work best for preventing so-called “recidivist” behavior?

Even though the justice system can be quite punitive with respect to DUI driving, all stakeholders in the system want the same things – safer roads, fewer people killed, and drivers who strive to be safe and mindful.

Of course, authorities have tried various strategies to achieve those ends.

One common technique used to stop recidivist behavior is the so-called Interlock Ignition Device (IID). Here in Los Angeles – and other spots around the country – even first time offenders can be ordered to install IID devices in their vehicles. Basically, you cannot start your car unless you blow into a permanent breathalyzer device on your vehicle. If any alcohol taints your breath, your car won’t start.

Offenders must pay to install and maintain these devices, and IID programs bring in millions of dollars a year to various state coffers. However, there is a new type of anti-recidivism strategy — championed by the National Sheriffs Association and other groups — called “24/7 Sobriety.”

South Dakota and two other states have been using this program in place of IIDs to stomp out recidivism, and some evidence suggests that it may be quite effective. Basically, an offender must take breath tests twice a day, every day, for a duration of time. Apparently, drivers who constantly monitor their sobriety tend to be far more mindful and less likely to hop behind the wheel while over the limit.

Mike Leidholt, a South Dakota sheriff who helped to implement the first statewide 24/7 Sobriety Program, has spoken highly of the initiative “Of all the wonderful programs that sheriffs are initiating, I have not seen one that as successful in reducing recidivism, managing corrections problems, and reducing alcohol-related crashes as the 24/7 Sobriety Program.”

Meanwhile, however, the program has met stiff resistance from Mothers Against Drunk Driving (MADD). Jan Withers, MADD’s National Director, recently wrote an editorial protesting the National Sheriffs’ Association’s push for 24/7 sobriety in Florida, writing: “MADD believes that amendments allowing for twice a day testing or 24/7 sobriety programs are okay, but these programs should never replace the use of ignition interlock for a convicted drunk driver.”

While groups like MADD and the National Sheriffs’ Association hash out how to stop recidivism, it’s well worth taking time to consider the legal consequences of recidivism in the Golden State. Every time you get convicted for a new DUI (within 10 years), your punishments ratchet up substantially. You might face:

•   Additional jail time;
•   Additional alcohol school;
•   Stricter probation terms;
•   A longer license suspension.
•   The elevation of a misdemeanor to a felony.

For help coming to terms with your Los Angeles DUI charges, call Michael Kraut of the Kraut Criminal & DUI Lawyers immediately to set up a consultation with him and his team. Mr. Kraut is a former city prosecutor who bring years of successful work, great relationships, and a Harvard Law School education to help his clients succeed.
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Published on: April 9, 2014

Checkpoints in Malibu Lead to 20 Arrests, as LAPD Sets Up Saturation Patrols Elsewhere

by Michael Kraut

It’s been a busy week for the LAPD, at least as far as Los Angeles DUI arrests are concerned.

According to the LA Weekly News, police set up multiple saturation patrols and checkpoints throughout the Southland last weekend. On Saturday night (from 7 PM to 1 AM), the LAPD patrolled South LA, near the 77th Street Division area, as well as Huntington Drive near Poplar Boulevard in El Sereno. The police also set up another saturation patrol on Sunday in the West Valley Division area.

Law enforcement officials argue that these patrols prevent deaths and injuries on the road. Per the LAPD: “research shows that traffic collisions involving an impaired driver can be reduced by up to 20% when well publicized DUI checkpoints and proactive DUI patrols are conducted routinely.” While these patrols can, indeed, make the roads safer, they can often capture innocent people in the dragnet, forcing those drivers to endure license suspension, jail time, humiliation, spikes in their insurance rates, and other frustrating consequences.

The authorities set up another checkpoint on PCH over the weekend, netting 20 DUI arrests after checking out 150 drivers. That LAPD checkpoint, which ran from 7 PM to 3 AM, per a Sheriff’s Country press release: “was one of many that have been and will be conducted throughout the year in Malibu.” Authorities arrested 10 people for driving without a license, impounded three vehicles, and even arrested someone for refusing to comply with checkpoint instructions.

History of DUI Checkpoints in L.A. and Beyond

Believe it or not, checkpoints have only been considered Constitutional for a few decades. A landmark case decided by the Supreme Court in the late 1980s considered whether DUI checkpoints violated Fourth Amendment rights. The Supreme Court ruled that such checkpoints were Constitutional, but the court put many constraints on them. For instance, police cannot hold vehicles indefinitely or use excessive force. Authorities are also limited in terms of when and how they can establish and run checkpoints.

Checkpoint Defenses

Depending on when and how you got arrested, you may be able to challenge the validity of the checkpoint or the arrest. For instance:

•   Perhaps police incompetence or negligence occurred;
•   Maybe the blood test that showed that you were above the legal limit was badly calibrated or improperly administered or recorded;
•   Perhaps the police failed to read you your rights, engaged in abusive or overly aggressive behavior, or searched your vehicle without probable cause.

For help, call experienced Los Angeles DUI defense attorney, Michael Kraut, and his team today for an even, clearheaded consultation about your defense options.
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Published on: March 9, 2014

Los Angeles DUI Conundrum: What Should Be Done About “Mr. Checkpoint”?

by Michael Kraut

Los Angeles DUI stakeholders – police, attorneys on both sides, judges, criminal defendants, and victims of DUI tragedies alike – don’t know what to make of a Twitter user who goes by the handle “Mr. Checkpoint.”

Also known as Sennett Devermont, the 25-year old Santa Monican has taken to calling himself “the drinking crowd’s Batman,” according to a recent article in the LA Weekly.

Devermont has over 42,000 followers on Twitter and an additional 20,000 text subscribers. His free cell phone app, Mr. Checkpoint, has been downloaded thousands of times. Why?

Devermont reveals the locations of upcoming Southern California DUI checkpoints.

Unsurprisingly, representatives from Mothers Against Drunk Driving (MADD) have been less than thrilled with Devermont’s mission. The Group’s Director of Communications, Anna Duerr, said “We don’t want apps out there that allow people to evade checkpoints.” MADD’s Regional Director for Los Angeles, Pat Rillera, told the LA Weekly: “While we support the publication of checkpoints as a deterrent to drunk driving, sites like Mr. Checkpoint alert drunk drivers so they can evade arrest. It’s not meant as a positive.”

Devermont disagrees. He’s found support from among many people who passionately want to punish DUI drivers and make streets safer. Defenders believe this app can deter people who are on the bubble from driving — that is, to encourage tipsy folks to take a cab, find a designated driver or walk home.

Devermont usually starts sending out his alerts during the evening, based on information provided by Sheriff and Police Departments in Los Angeles and San Diego. The app does have a box — which you must check — wherein you agree that you will not drive under the influence.

Devermont said he came up with the idea while enrolled at San Diego State University. Police pulled him over after a party. He was 18 at the time. Police forced him to go through the paces of several field sobriety tests. (These can include the finger to the nose test; the stand on one leg test; the count backwards by threes test and the horizontal gaze test).

Police told Devermont that he failed, but he hadn’t consumed any alcohol! When he blew into a breathalyzer, sure enough, he scored a 0.00 BAC. Still, he told the LA Weekly “it was humiliating and intimidating. I felt violated. After that, I looked up my rights.”

Do you need help understanding and protecting your rights after a Los Angeles DUI arrest? Please get in touch with Harvard Law School educated attorney, Michael Kraut, of the Kraut Criminal & DUI Lawyers, for a thorough, free consultation.

Published on: February 20, 2014

Do Los Angeles DUI Checkpoints Really Work?

by Michael Kraut

Los Angeles DUI checkpoints have their critics. For instance, the American Beverage Institute complains that checkpoints lead more often to frivolous citations – police cite drivers who don’t have their licenses or who have broken taillights – than they do to stopping dangerous drivers. The ABI is actually far more fond of saturation patrols, also known as roving patrols. The ABI loves to cite a 2007 Virginia Tech study that found that roving patrols are almost 25 times more likely than checkpoints to nab DUI drivers.

Even if the American Beverage Institute’s analysis holds water — and the 2007 study could be replicated and confirmed here in Los Angeles — that doesn’t mean that police will (or should) suspend checkpoints. After all, one of the arguments for checkpoints is that they act as a deterrent. When drivers get behind the wheel, they know that checkpoints are out there “somewhere,” lurking. This fact may encourage drivers who are on the fence about whether to drive after drinking to make the smart choice and call a cab or a designated driver. Advocates of checkpoints argue that they’re also safe and relatively easy for police to run.

Of course, as someone who has been recently arrested — or knows someone who has been arrested — for a DUI, you probably could care less about whether saturation patrols or checkpoints are better enforcement methods.

Instead, you want crystal clear, insightful guidance about how to fight your charges and move on with your life. Look to the Los Angeles DUI defense team at the Kraut Criminal & DUI Lawyers. We can help you get a grip on the charges you face and develop a plan of action to take them on.
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