Recent Updates
September 04, 2010
Labor Day Weekend DUI Saturation Patrols - SAN DIEGO (2)
September 04, 2010
Labor Day Weekend DUI Saturation Patrols - Santa Monica Area
September 04, 2010
Labor Day Weekend DUI Saturation Patrols - Anaheim, Aliso Viejo, Laguna Hills, Laguna Nigel
September 04, 2010
Labor Day Weekend DUI & DWI - POWAY
September 03, 2010
Labor Day Weekend DUI & DWI - SAN DIEGO (1)
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Understanding DUI & DWI
Labor Day Weekend DUI Saturation Patrols - SAN DIEGO (2)
Posted by: Michael Holmes
September 04, 2010
San Diego: According to Sgt Jason Rothlein of the San Diego County Sheriffs Department, more than 700 individuals have been arrested for suspicion of DUI.
The California Highway Patrol reported 0 fatalities on San Diego County freeways or streets during the first 12 hours of the Labor Day weekend.
Between the hours of 7:30 pm Friday evening and 2 am this morning, 16 people were charged with DUI at various Sobriety Checkpoints across San Diego County. Of those 26, 7 were stopped in Escondido, 4 in Encinitas and 5 in San Marcos.
Labor Day Weekend DUI Saturation Patrols - Santa Monica Area
Posted by: Michael Holmes
September 04, 2010
Santa Monica: The Santa Monica Police Department will be conducting a widespread DUI Saturation Patrol on Saturday, September 4th. Funding has been provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration (NHTSA).
The DUI Saturation Patrol will deploy within the city limits of Santa Monica on Saturday night starting at approximately 6:00 p.m.
- Jefferson Boulevard and Western Avenue, South Los Angeles, 6 pm to 1 am.
- Washington Boulevard and Stanford Avenue, Venice, 6 pm to 1 am.
- Reseda Boulevard and Ventura Boulevard, Encino, 8 pm to 1:30 am.
Labor Day Weekend DUI Saturation Patrols - Anaheim, Aliso Viejo, Laguna Hills, Laguna Nigel
Posted by: Michael Holmes
September 04, 2010
Orange County's "Avoid the 38" DUI Taskforce lists coverage for Anaheim, Aliso Viejo, Laguna Hills, Laguna Nigel: DUI Saturation Patrols, 8 p.m. to 4 am Saturday, September 4th.
Labor Day Weekend DUI & DWI - POWAY
Posted by: Michael Holmes
September 04, 2010
POWAY: According to reports, the San Diego Sheriff's Department Poway Station conducted a DUI and sobriety checkpoint last night that resulted in 7 arrests. The checkpoint was located in the 16700 block of Espola Rd between the hours of 7 pm and 2:30 am. 15 deputies participated in the exercise, accounting for approximately 850 cars passing through the checkpoint.
Labor Day Weekend DUI & DWI - SAN DIEGO (1)
Posted by: Michael Holmes
September 03, 2010
San Diego - San Diego County Law Enforcement will be kept busy during the Labor Day Weekend. 14 police agencies across the county will be conducting sobriety checkpoints and deploying extra patrols.
?The timing for the crackdown is significant because Labor Day, a holiday celebrated throughout the nation with parties and parades, has unfortunately become notorious as a day when thousands of drivers make the deadly decision to drive drunk,? says Ross Burns, Executive Director for MADD in San Diego.
Burns said research has shown that highly visible and frequent sobriety checkpoints reduce alcohol-related crashes and fatalities by an average of 40%. As with many statistical claims of this nature, there is little factual evidence to support these figures.
Fiscal Responsiblity of DUI Checkpoints & Saturation Patrols
Posted by: Michael Holmes
September 03, 2010
The Costa Mesa Police Department got an early start on their DUI enforcement, setting up a checkpoint at the Bristol Street and Randolph Avenue intersection Tuesday night.
Throughout the night, 1,181 drivers went through the checkpoint, resulting in the arrest of 4 individuals for suspected DUI.
In Cypress, the police department set up a checkpoint that began at 8 p.m. Saturday and continued until 3 a.m. Sunday. Throughout the night, 733 vehicles went through the checkpoint that resulted in 1 DUI arrest.
Check points like this represent hundreds of man-hours with commensurate payroll implications. On some occasions, this may even require overtime pay.
A checkpoint costs about $13,000 and a saturation patrol costs $4,950, said Escondido police Lt. Tom Albergo.
Labor Day Weekend DUI & DWI - Saturation Patrols - Los Angeles & Riverside
Posted by: Michael Holmes
September 03, 2010
I have some news regarding saturation patrols taking place over this Labor Day Weekend. I mentioned previously that Yorba Linda is a focal point for law enforcement.
Scheduled saturation patrols will take place on Friday and Sunday in Orange and Saturday in Irvine.
The cities of Brea, Newport Beach, Huntington Beach, Fountain Valley, Los Alamitos, Lake Forest, Laguna Niguel, and Tustin also scheduled saturation patrols during the enforcement period.
Labor Day Weekend DUI & DWI - YORBA LINDA
Posted by: Michael Holmes
September 02, 2010
Yorba Linda: A DUI and drivers license checkpoint is scheduled for Friday evening from 9 pm to 2 am on Imperial Highway, east of Valley View.
"If we catch you driving impaired, we will arrest you. No exceptions. No excuses," said Sgt. Bill Smyser.
"We will be contacting drivers, making sure they are not impaired, arresting those who are, and getting the word out that impaired driving and driving without a proper license is not acceptable in Yorba Linda," Smyser added.
In addition, Yorba Linda law enforcement will be conducting saturation patrols.
Labor Day DUI Maximum Enforcement - Latest Update
Posted by: Michael Holmes
September 02, 2010
Enforcement Patrols and DUI Checkpoints will begin their maximum enforcement period Friday September 2nd at 6:01 pm and will continue until 11:59 p.m on September 6th. You can also expect saturation patrols across the expanse of Southern California, including Orange County, Irvine and San Bernardino.
During Labor Day weekend last year, CHP officers throughout the state made 1,417 arrests for driving under the influence. Orange County, Irvine and San Bernardino are including in these estimates.
If you or a loved one is arrested for DUI or DWI charges, please be sure to contact the Offices of Michael J Holmes at either of our conveniently located offices (Irvine & Chino Hills). We are experienced, aggressive and determined in every case we handle. Contact us by calling 714-907-1192. We offer a free consultation and are available to assist you 24 hours a day.
Labor Day Weekend DUI & DWI - Play Safe
Posted by: Michael Holmes
September 02, 2010
According to the Auto Club of Southern California, Southern Californians are more likely to drive for the Labor Day weekend than any other time in the last decade. More than 2.5 million residents of Orange County, Irvine, San Bernardino and Southern California plan to travel, with 91% expecting to get behind the wheel of a car. This represents a 4% increase over last year?s reported numbers.
With the increase in travel and celebratory fun, expect DUI enforcement to be unusually strong. Orange County, Irvine, San Bernardino and Southern California residents are urged to stay safe and exercise good judgment.
I will be posting updates regarding DUI/DWI related holiday information, including checkpoints, roving patrols and other news as it relates to Orange County, Irvine, San Bernardino and Southern California.
4th of July Weekend - San Diego
Posted by: Michael Holmes
July 05, 2010
4th of July Weekend DUI Checkpoints - Los Angeles & Orange County
Posted by: Michael Holmes
July 03, 2010
- Broadlawn Avenue and Cahuenga Boulevard West near Universal Studios.
- Florence Avenue between Broadway and Main Street in South Los Angeles.
- Friday through Sunday from 6 p.m. to 1 a.m. at undisclosed locations in West Covina.
- Atlantic Boulevard south of Hastings Street in East Los Angeles.
- In addition, the Garden Grove police will have a checkpoint next Friday, from 9 p.m. to 3 a.m. at 12301 Magnolia Ave.
- Irvine officers will set up a checkpoint Saturday from 7 p.m. to 3 a.m. at Culver Drive and Alton Parkway.
- Westminster police will have a checkpoint from 8 p.m. Saturday to 2 a.m. Sunday in the area of Beach Boulevard and McFadden Avenue.
- In Cypress, the checkpoint will be at Moody Street and Lincoln Avenue on Saturday, from 7 p.m. to 3 a.m.
- In Buena Park, there will be a checkpoint at Beach Boulevard and Tenth Street.
- The Orange County Sheriff's Department will be stopping cars in San Juan Capistrano.
4th of July Weekend DUI Checkpoints in MONTEREY
Posted by: Michael Holmes
July 03, 2010
4th of July Weekend DUI Checkpoints in RIVERSIDE
Posted by: Michael Holmes
July 03, 2010
Examples of False Positives for HGN Testing
Posted by: Michael Holmes
June 28, 2010
If you have 'failed' the NGH Roadside Sobriety Test, you may have actually only registered a false positive. How can you tell? I am glad you asked!
Even though this test is not a vision test per se, eyeglasses are to be removed in order for the officer to make a more accurate determination of the final total points. If the suspect can not see the stimulus after removing the eyeglasses, they must be allowed to perform the test with them on. According to the manual, hard contact lenses are to be removed so as to avoid dislodging when the eyes are out at maximum deviation or to prevent damage to the eyes. The manual says not to administer the test if the suspect is wearing hard contacts. A person with a glass eye or only vision in one eye can not be given this test.
At an accident scene, if the suspect sustains a concussion, this may bring on a pathological Nystagmus thereby invalidating this test.
As mentioned previously, colorblind individuals are not validated for this test.
If the officer believes that the Nystagmus might be present through non-drug or alcohol-related activities, the results can?t be scored. The benefit of the doubt must be given to the person that is being tested. The officer is also trained to administer this test with the suspect looking into a quiet background, away from police cruisers and other distracting activity. Otherwise, the individual being tested may produce a false positive due to an induced condition known as opto-kinetic Nystagmus. This is brought on when a person focuses on several objects at one time or objects that are moving away. The quiet background that is recommended is away from the view of passing motorists. This opto-kinetic Nystagmus is a defense mechanism of the body in order to keep the eyes from tiring. There are numerous visual or other distractions that may impede this test. Certain environmental factors such as wind, dust, etc. may interfere with the performance of the Nystagmus test.
In summary, the HGN test is justone of several tools that law enforcement are approved to use in order to ascertain sobriety. As I?ve explained, the administration of the test is very complex. Additionally, proper identification of Nystagmus as being directly correlatable to drugs or alcohol should require medical training. There are too many potential pre existing conditions and environmental variables at play.
If you have been charged with DUI or DWI and NGH testing was a component in your arrest, I strongly urge you to seek representation from a qualified Criminal Defense Attorney who can help build your case. An experienced Lawyer will know how to sort through all evidence related to the charges and aggressively defend your rights.
Fail Your HGN Test? Maybe Not...
Posted by: Michael Holmes
June 27, 2010
Some of HGN testing?s most vocal opponents site a variety of facts when disputing the reliability of law enforcement?s administration of HGN. Most police officers neither are trained medical practitioners nor are they licensed ophthalmologists. According to the 2003 American Board of Ophthalmology brochure, there are only 23,662 licensed ophthalmologists in the United States.
There are numerous causes of Nystagmus; meaning diagnosis by non-medical personnel is highly problematic. Nystagmus is naturally found in a significant percentage of people and can be indicative of many medical and physiological disorders. Some of the most common causes of Nystagmus include:
(1) problems with the inner ear labyrinth; (2) irrigating the ears with warm or cold water under peculiar weather conditions; (3) influenza; (4) streptococcus infection; (5) vertigo; (6) measles; (7) syphilis; (8) arteriosclerosis; (9) muscular dystrophy; (10) multiple sclerosis; (11) Korchaff's syndrome; (12) brain hemorrhage; (13) epilepsy; (14) hypertension; (15) motion sickness; (16) sunstroke; (17) eye strain; (18) eye muscle fatigue; (19) glaucoma; (20) changes in atmospheric pressure; (21) consumption of excessive amounts of caffeine; (22) excessive exposure to nicotine; (23) aspirin; (24) circadian rhythms; (25) acute trauma to the head; (26) chronic trauma to the head; (27) some prescription drugs, tranquilizers, pain medications, anti-convulsants; (28) barbiturates; (29) disorders of the vestibular apparatus and brain stem; (30) cerebellum dysfunction; (31) heredity; (32) diet; (33) toxins; (34) exposure to solvents PCBS, dry cleaning fumes, carbon monoxide; (34) extreme chilling; (35) eye muscle imbalance; (36) lesions; (37) continuous movement of the visual field past the eyes, i.e., looking from a moving train; (38) antihistamine use. See State v. Witte, supra; State v. Clark, supra; State v. Superior Court, supra; Mark A. Rouleau, Unreliability of the Horizontal Gaze Nystagmus Test, 4 Am. Jur. Proof of Facts 3d 439 (1989); Louise J. Gordy & Roscoe N. Gray, 3A Attorney's Textbook of Medicine ?? 84.63 and 84.64 (1990), and other cases and treatises hereinbefore mentioned.
How about for those of us who are colorblind? A colorblind individual will likely have a pathological Nystagmus, therefore invalidating their test results. In the United States, about 7% of the male population ? or about 10.5 million men ? and 4% percent of the female population either cannot distinguish red from green, or see red and green differently (Howard Hughes Medical Institute, 2006).
What Is Horizontal Gaze Nystagmus & What They Are Looking For
Posted by: Michael Holmes
June 23, 2010
Horizontal Gaze Nystagmus is used by Law Enforcement as an indication of intoxication. According to agencies such as the NHTSA (National Highway Traffic Safety Administration), the eye movements of a sober person differ significantly from those of an impaired person. With this in mind, HGN is one of the standardized field sobriety tests created by the NHTSA.
The circumstances surrounding all aspects of my clients exposure to HGN Testing is fair game in the court of law. My experience relating to 1000s of DUI and DWI cases has provided me with an arsenal of tools to help benefit my clients.
Alcohol or drugs are involved with the following types of Nystagmus:
- Alcohol Gaze Nystagmus (AGN)
- Positional Alcohol Nystagmus (PAN)
- Horizontal Gaze Nystagmus (HGN)
- Vertical Gaze Nystagmus (VGN)
It is important to note that Nystagmus is a naturally occurring phenomenon of the eyes; drugs and/or alcohol only increase or exaggerate the twitching or jerking of the eyes.
The HGN Sobriety Test ? What Are They Looking For?
The HGN test entails the officer observing the eyes of a suspect as the subject follows a slowly moving object horizontally with his eyes. This implement used by the officer is generally a pen or small flashlight. The examining officer looks for three indicators of impairment in each eye:
- If the eye cannot follow a moving object smoothly.
- If jerking is distinct when the eye is at maximum deviation.
- If the angle of onset of jerking is within 45 degrees of center.
NHTSA research claims that this test allows proper classification of approximately 88 percent of potential suspects. This is a highly contested number among groups such as criminal defense attorneys, ophthalmologists, various other medical practitioners, as well as other groups who are vocal with their critical stance on the NHTSA?s ability to facilitate accurate testing and statistical reporting.
What Is Nystagmus?
Posted by: Michael Holmes
June 08, 2010
Things have finally settled down in my Orange County office. Some of my client's Memorial Day Weekend enjoyment was cut short due to DUI arrests. As I reported during the holiday, saturation patrols and checkpoints were almost everywhere in Southern California.
One of the field sobriety tests that I'm often able to call into question relates to Horizontal Gaze Nystagmus (HGN). There are many potential tactics I've successfully employed in my time as a Criminal Defense Attorney in Orange County and surrounding areas. I'll post those in the next few days. In the meanwhile, let's enhance everyone's understanding of HGN by examining WHAT IS NYSTAGMUS?
Clinically speaking, the term ?Nystagmus? refers to an involuntary twitching or jerking of the eye. The frequency of jerking movements can vary from fast to slow. This phenomenon typically occurs when a person looks in a particular direction at an angle of approximately 45 degrees while the head is still looking forward.
The word origins or Etymology of ?Nystagmus? is not entirely clear. It is most likely derived from Greek verb nystazo 'to feel sleepy,' which comes from the verbs nefstazo or nevo 'to nod' or, according to Homer, 'to bend the head.' By the eighteenth century, the word Nystagmos acquired its current medical meaning as ?involuntary eyeball oscillations.? An eighteenth century medical dictionary described Nystagmus as '?a twinkling of the eyes, such as happens when a person is very sleepy.'
Current medical consensus is that there are there are 47 kinds of Nystagmus and they occur under a variety of different circumstances. For example, an individual experiencing vertigo could be said to be suffering from symptoms of Nystagmus. Spinning around quickly in succession creates post-rotational Nystagmus, caused by the fluids in the vestibular system becoming unbalanced.
Los Angeles DUI Memorial Day - Arrests up 11%
Posted by: Michael Holmes
May 31, 2010
In Los Angeles County, authorities participating in a DUI task force (Avoid the 100) arrested 231 people for suspicion of DUI. These arrests occurred during a 24 hour period, beginning Friday at 6 pm.
This accounts for a year over year 11% increase in the number of Los Angeles County DUI arrests. The statistics were preliminary, as some agencies were yet to report their arrests.
During the same time period last year, officials reported 208 arrests.
