Sacramento Criminal Defense Lawyer Blog

The California Highway Patrol has announced that it will implement a Maximum Enforcement Period throughout the state over the Christmas and New Year's weekends.

Specifically, CHP will have extra personnel on the state's highways from 6:00 PM on Friday, December 24 through midnight on Sunday, December 26. That will be followed by second period of heightened enforcement from 6:00 PM on Friday, December 31 through midnight on Sunday, January 2.

CHP personnel encourage anyone who plans to drink to choose a designated driver.

Even if you are not drinking but are just traveling to see family and friends, be sure to buckle your seat belt. CHP reports that half of the people killed in collisions within CHP's jurisdiction were not wearing seat belts.

Law enforcement agencies throughout the Sacramento region will conduct DUI checkpoints and saturation patrols this weekend. If you plan to drink, you are well advised to take the steps necessary to prevent a DUI arrest, including having a designated driver and keeping the phone numbers of cab companies in your cell phone.

The list of checkpoints and patrols includes:

Friday, December 17

• DUI checkpoints in Roseville and Rancho Cordova
• DUI saturation patrols in Placerville and activities by the Rancho Cordova Police Department DUI Task Force

• DUI checkpoints in Placerville, south Sacramento, and Auburn

The arrest Thursday morning of Sacramento Kings assistant coach, and former NBA player, Mario Elie for driving under the influence has several important lessons. Elie was charged with DUI after he was pulled over in downtown Sacramento by a CHP officer for having a broken taillight.

The first lesson is that it's easy for a person to misjudge whether the amount of alcohol he is consuming is enough to bring his blood alcohol content to the legal limit of 0.08%. Elie said that he had had "a couple of drinks" and his "blood alcohol level was slightly over the legal limit." The amount of alcohol a person can consume and remain below the legal limit depends on each person's physical characteristics. It's best to play it safe and not drink if you have to drive, or arrange for someone else to take the wheel.

Second, this incident highlights that there is no particular profile of someone who gets arrested for DUI. We've represented people from all walks of life. Certainly, there are some people who unfortunately are multiple offenders. But many people have never been charged with any other offense.

Third, with more bars and restaurants opening in downtown and midtown Sacramento in recent years, the Sacramento Police Department and CHP have stepped up efforts to enforce DUI laws, including increased patrols and sobriety checkpoints.

Finally, if you're facing DUI charges, it's to your benefit to have an experienced defense attorney who knows California DUI law and will fight to protect your rights. All aspects of each case need to be reviewed. Was the traffic stop legal? Were the field sobriety tests (FSTs) administered properly? Is there conflicting evidence in the police report? Your defense lawyer should be able to advise you on these issues and build the best defense possible.

Because of our system of government that distributes power among national, state, and local levels, the location in which a person is arrested determines the departments that will deal with his/her case. If you're not familiar with the legal field, this can cause a great deal of confusion, and even some problems if you fail to communicate with the proper agencies. Seek the help of a qualified and experienced criminal defense attorney to help you determine the right course of action.

When you confer with a defense lawyer, one of the first things he/she will need to know is the county in which the arrest took place, since each county has its own superior court that handles violations of the law - infractions, misdemeanors, and felonies. If the arrest takes place in Yolo County, the case will be heard at the courthouse in Woodland. If the arrest takes place in Placer County, in most instances it will be heard at the courthouse in Roseville. Most cases in Sacramento are dealt with at the main courthouse in downtown Sacramento. Some, however, are heard in courtrooms at the county jail, and traffic cases are heard at the Carol Miller Justice Center. Juvenile cases in all counties are usually heard in facilities separate from those used for adults.

Each county also has its own district attorney's office, which prosecutes criminal cases, and sheriff's department, which staffs the county jail and patrols unincorporated areas or smaller cities that have decided to contract with the sheriff for law enforcement services.

If a city maintains its own police force, people who are arrested are taken to the local county jail. Thus, the City of Elk Grove police take people to the Sacramento County jail, while the City of Rocklin police take people to the Placer County jail.

That's not quite the whole story, though. To complicate matters, there is the California Highway Patrol, which focuses its efforts on freeways and major roads throughout the state. CHP personnel can be involved in arrests throughout the Sacramento region. But they will still take people to the local county jail.

To give a practical example, the DUI checkpoints that you might encounter this holiday season can be run by any of the law enforcement agencies listed above, and perhaps even a combination. If a person is found to be under the influence, he/she will be arrested and taken to the jail in that particular county..