Innocent Until Proven Guilty

adminMarch 18, 2016

Anyone can get arrested for driving under the influence, whether you are the President of the United States or an Academy Award Winning Director. How society reacts to the arrest is different. Being the President you have to set an example. Where as a director could get away with driving under the influence because he is not in a position of power. People who are in public service face scrutiny when committing any mistake. That was the case for 2 LA City Hall staffer who were both arrested for separate incidents last weekend on a count of driving under the influence. A staffer by the name of Fredy Ceja was arrested Saturday morning after hitting a parked metro bus in Downtown Los Angeles and suspicion of driving under the influence. Fredy Torres, a field deputy for a city councilman, was arrested for driving under the influence after being questioned by police. Torres was arrested while driving a city-issued vehicle.

A man matching Ceja’s name and date of birth has been arrested three times for driving under the influence. The most recent took place in December 2009 while driving southbound on the 101 freeway. He was charged with reckless driving and driving under the influence. He pleaded no contest to reckless driving according to court records.

In 2006, a man matching both Ceja’s name and date of birth pleaded no contest to driving under the influence of alcohol and spent 6 days in the LA County Jail.

In 2003, a man matching both Ceja’s name and date of birth pleaded no contest to driving under the influence and was sentenced to a three-year probation term.

This past Thursday, Ceja’s attorney arrived at a Downtown Los Angeles courtroom and entered the not guilty plea. Ceja’s next hearing will take place on April 20th.  Ceja said to be “committed to public service” and intends to keep on working in LA City Hall.

Torres on the other hand, is on leave following his driving under the influence arrest.

Ceja’s driving under the influence arrest took place out of office hours, so should he be placed on leave for breaking the law? Should people working in a government office face the same punishment as a regular person convicted of a driving under the influence? Is it fair to have Torres go on leave and Ceja is allowed to keep working, despite the three previous driving under the influence arrests and damaging Metro property?

As someone who is committed to public service, one should not be held on a pedestal because we are only human, we make mistakes. We need to learn from our mistakes and if Ceja pleads no contest once again, then he should learn once and for all to not drink and drive.  

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Avoid a Saint Paddy’s Day DUI

JonathanMarch 14, 2016

Although unknown to many in this country, Saint Patrick’s Day commemorates the arrival of Christianity in Ireland. It also marks the death of the patron saint of Ireland, Saint Patrick. March 17th, has more commonly become associated with celebrating Irish culture in America. This means pinching those who don’t wear green, eating corned beef and cabbage, and drinking Guinness and green beer.

It should not come as a surprise when I tell you that DUI arrests and drunk driving incidences skyrocket on Saint Patrick’s Day. As such, it should also not come as a surprise to know that law enforcement will be out in full force this Thursday to thwart those who think that they can drive home after drinking one too many green beers.

Bar-goers can expect increased an increased number of checkpoints and saturation patrols throughout Southern California in high traffic areas.

The luck of the Irish won’t keep you from getting busted for a California DUI, but there are a few things that you can do that will:

  • Use public transportation, as difficult as this may be on an evening like St. Paddy’s Day. This means calling a cab, an Uber, a Lyft, or even taking a bus
  • If you’re not up for waiting around for cab or ridesharing vehicle, plan on staying the night. Of course this is only an option if you attend a St. Patrick’s Day party as I doubt the bar will be okay with you sleeping it off under the bar.
  • Appoint a designated driver. But it’s not enough to merely appoint the DD. You need make sure that they remain sober. Being a designated driver means actually remaining sober, not just drinking less that their passengers.
  • Don’t drink. As difficult as this may be, it is the only surefire way to avoid a California DUI if you plan on driving this St. Patrick’s Day.

 

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Law Enforcement Posts DUI Arrestees’ Pictures on Facebook

JonathanMarch 9, 2016

 

When we think of DUI prevention, we think of ignition interlock devices, suspended licenses, and hospital and morgue programs. But the Chesterfield Sheriff’s Office in Chesterfield, Virginia, has added a new DUI preventative measure to their repertoire; stigmatization.

The Chesterfield Sheriff’s Office has been posting the mugshots of people who have been arrested for drunk driving on their website.

“[We] began posting DUI arrest photos in January in an effort to bring awareness to impaired driving in our community,” said Chesterfield County Sheriff’s Office Captain Donald Huff. “The response from the citizens has been overwhelmingly positive. We hope that the practice of posting the photos will serve as an additional deterrent to driving while intoxicated.”

The photos which have appeared on the Chesterfield Sheriff’s Office Facebook page have garnered some well-deserved criticism from Facebook users which I wholeheartedly agree with.

“I understand these pics are public record, but consider the effect this can have on someone later acquitted,” said one comment by a user named Robbie. “Even if they get their record legally expunged, you’ve memorialized their arrest forever. Maybe mugshots should only be public record after conviction.”

Robbie is absolutely correct.

An arrest means nothing without a conviction. I’ve represented numerous clients who had been arrested on suspicion of DUI, it was later shown that they were sober, and the cases were dismissed or the person was acquitted.

Law enforcement, who let’s remember is supposed to be objective, should not be stigmatizing people before they know whether the arrestee has done anything wrong. You don’t see me publically accusing the Chesterfield Sheriff’s Office of arresting innocent people without actually knowing what their false rate is.

 

 

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Ford’s Drugged Driving Suit

JonathanMarch 2, 2016

 

Ford Motor Company has added a unique exhibit to its “Driving Skills for Life” traveling program which is aimed at providing exactly what its title suggests to newly licensed drivers and their parents. That exhibit is a wearable “Drugged Driving Suit.”

Wearing the suit purportedly simulates the physical effects of having ingested several illicit drugs including stimulants, depressants, and hallucinogens. The purpose of having participants wear the suit is to show them how difficult it is to drive while under the influence of drugs on a closed course.

The suit consists of neck, knee and elbow bandages which restrict movement. Weights affixed to the person’s wrists and ankles affects the person’s balance and slows reaction time. A “tremor generator” makes the hands shake. Headphones play background noises and are meant to distract the person. Lastly, “vision impairment glasses” blurs the wearer’s vision and creates tunnel vision.

While the suit is intended to mimic the effects of driving under the influence of drugs, it seems to me that suit really only shows the wearer of the suit what it’s like to drive while being obstructed by the suit, the effects of which only tangentially resemble the effects of drugs. Different drugs have different effects and affect each person differently.

This is not to say that driving under the influence of drugs is easy, nor should a person think that it is okay to drive while under the influence of drugs. Whatever the effect may be or how a person experiences any particular type of drug, it is nonetheless driving under the influence, it is extremely dangerous, and it could land you a California DUI of drugs.

Ford’s “Driving Skills for Life” program is in its 13th year and has provided about 800,000 new drivers with skills on safe driving. This year, the program will have 15 stops in Alabama, Arizona, Delaware, Georgia, Hawaii, Michigan, New York, North Carolina, Oregon, Pennsylvania, Texas, right here in California, and several foreign countries.

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Man Confesses to Fatal DUI Crash on Live News

JonathanFebruary 26, 2016

Sometimes reporters have to find the stories. But sometimes, just sometimes, the story comes right up to them, tells them to start rolling, and confesses to a fatal DUI crash.

Such was the case with a FOX11 news crew who responded to a collision in Los Angeles on the evening of Monday, February 22nd.

A man, known only by the name Jose, approached the news crew and said, "We were drinking. Record it."

Jose proceeded to tell the reporter that, after his evening of drinking with his cousin Juan, Juan began driving home. After driving for some time, however, Juan stopped in the middle of the freeway and made Jose drive.

"He was drunk already, and I told him I couldn’t drive, so he made me drive,” Jose told the reporter. “And he made me drive, and I told him I couldn’t drive.”

Jose also told the reporter that, after he took the wheel, he lost control of the vehicle and slammed into a light pole. Jose then said that he left the scene to get help. According to Jose, when he returned is when he found paramedics and the news crew on the scene.

Unbeknownst to Jose at the time of his impromptu confession was that Juan was already dead as a result of the collision. Jose asked the reporter how Juan was doing and police had to give him the bad news.

In addition to the confession, officers also noticed the signs of intoxication and gave Jose field sobriety tests. He was subsequently arrested for driving under the influence.

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