Nicole Valera – Criminal Defense

Fighting the system, one case at a time…

I was pulled over for a DUI…


…no, I didn’t get arrested.  But I do think that the universe is trying to tell me something – this is the 3rd time in the past 6 months that I have been pulled over for a DUI.  The first two times were the result of a DUI checkpoint.  And no, I’m not driving around the streets drunk out of my mind trying to get arrested.   I thought being a criminal defense attorney would bring interesting insight to this topic and wanted to share it with you.

Saturday night, a friend of mine had a party to celebrate finishing a triathlon.   She lived close by but not within cabbing distance so I agreed that I would be the designated driver.

We get to the party between 8-9pm.  I had some snacks, but didn’t eat too much as I had eaten a big dinner at around 7.  I had one beer – an Amstel Light to be exact.  My other friends were drinking, we were all having a good time, congratulating the triathlete and hanging out.  I did not consume any more alcohol.

At around midnight the party starts to thin out.  A couple people decide to go to a nearby bar and they invite us.  Myself and my friend (whose car I’m driving) decide to meet them over there.  My friend has another beer and we call it a night at around last call.

We stop and get some late night McDonalds (ugh, I know), and head home.  I stop at a red light at an intersection which serves as the border between two cities.  I look in my rearview and see a patrol vehicle.  He’s not lit up.  I tell my friend there’s a cop behind us.  She’s not too worried since she knows I’m fine and I haven’t been drinking.

The light turns green and I cross the intersection from one city into the next.  The minute I hit the other side of the street, I see the lights flashing in the rear view.  I signal to pull over and he directs me over the loud speaker to pull into a side street and off the main road.  I do so.  I put the car in park, roll down the windows and place both hands on the steering wheel.  

The officer comes up and shines his flashlight in my face.  I had Lasik surgery a few years back so my eyes are sensitive to light.  I flinch a bit and he asks for my drivers license.

Me: My license is in my purse which is in the backseat.  I’m going to reach back and get it.

Officer: Ok. (He shines the light in the back seat where my purse is.)

I open my wallet up and smack dab right next to my ID is my bar card.  He’s shining the light into my wallet (probably looking for contraband that isn’t there).  I pull the ID out.  I have no idea if he sees the bar card. Nor am I about to trot it out.

Officer: I need your registration and insurance as well.

My friend opens up her glove compartment – he shines a light into the glove compartment.  It’s chock full of papers.  She’s having problems locating the registration.  She has the insurance.

Officer: I pulled you over because you were weaving within your lane.  And because your back brake light is out.

Me: I wasn’t aware of the brake light – this isn’t my car.

UHHHHH, I WASN’T WEAVING!  And even if I was, weaving *within* my lane is not illegal.  It’s when those tires cross the lines that weaving becomes a problem.

Me: We picked up McDonalds and I might have reached for a french fry.

I am careful not to make an admissions, although, really would it have mattered? I can just imagine how the police report would’ve read, “Suspect admitted to weaving as she was reaching for a french fry.

Officer: Have you been drinking?

Me: I had a beer between 8-9pm.

Silence.  I’ll admit my heart pounded a bit.  Would I get to do the FST’S?!?  Would he pull me out of the car??

Officer: Ok, well, you’re not drunk, so I’ll let you go. I won’t write you a ticket, but get that tail light fixed.

Me: Thank you, Officer.

So what did we learn here?

1.  Don’t ask questions – most police officers I talk to tell me that annoys them.  The “What’s this about, Officer??” question probably gets under their skin.  Let them ask the questions.

2.  Check your friends brake lights before you drive her car to a party.  I’m kidding, but not really.  Small traffic infractions (failed to signal, running a stop sign, etc) and car malfunctions are the easiest form of probable cause to pull you over.

3.  Don’t drink and drive!  Although, technically, as I say in my voir dire, drinking and driving itself is not illegal.  Driving while under the influence (Ca Vehicle Code Section 23152(a)), and/or driving with a blood alcohol content above a .08% (Ca Vehicle Code Section 23152(b)) in California IS illegal, however.  It’s a nuance that is important if you have a client whose blood alcohol content is below the .08% but they are still charged with the (a) count.

Anyway, it was a fascinating experience.  Next week I have jury duty – and I’m sure that it will be fascinating as well.  Of course, I probably won’t get picked, but one can dream, no…?

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November 10, 2010 Posted by | DUI | , , , , , , , , , , , , , | Leave a comment

Never a Dull Moment at a DUI Checkpoint


A sobriety checkpoint in East Haven, CT. Also ...

Image via Wikipedia

After getting stopped at a DUI checkpoint for the 2nd time this year I thought that it was time to blog about it and let you know my perspective which may be unique since I’m a criminal defense attorney.

The first time I was stopped at DUI checkpoint was in Santa Barbara. I had driven up from Los Angeles in order to give a speech at my alma mater UC Santa Barbara – A large part of my speech revolved around how I became a criminal defense attorney. A dear friend of mine, Ashlee, had agreed to come with me, and the free night at Bacara was probably a big draw as well.

I was naive about the traffic and thought that 3 hours would be plenty of time to get there. It wasn’t. I had to start putting on my makeup while sitting in traffic and changed into my suit in the bathroom. I gave my speech and Ashlee and I decided to go back to the hotel right away to shower and change. Right outside of the campus we got stuck in the DUI checkpoint. It was also a license checkpoint and they were stopping every single car. I suppose that’s the new guise now – make it a license checkpoint because then you have a constitutional reason for stopping everyone, whereas if it was only a DUI checkpoint then they would not be able to stop every single car, but instead follow a pattern.

As well pulled into the checkpoint the nice sheriffs deputy asked for my license, which I couldn’t find since in the flurry of rushing to the speech I had frantically thrown every item in the car this way and that. I calmly explained to him I would be happy to look in the trunk for it since I thought that’s where it was. He said ok, followed me to the back of the car and watched as I opened the trunk (which was thankfully free of contraband). I still couldn’t find my wallet. I gave him my drivers license number and he agreed to run it for me. As we were waiting he asked where I was headed and what I was doing in town. I told him I was staying at the Bacara, that I was a lawyer and that I had just given a speech at the university. He asked what kind of law and hesitated. He smiled and said, “Ohhhh, you must be a criminal defense attorney!” I smiled back and he said, “Well, let me know when you want to come to the good side.” I laughed it off and he came back letting me know I was good to go and that I was properly licensed.

Technically he could’ve given me a ticket for driving without my license, despite the fact that I was actually licensed. But the nice deputy didn’t seem to mind so, who am I to argue with the law?

The second time this year I was pulled over in a DUI checkpoint was last night. I was taking my friend’s brother home and the both of them were in my car. The traffic began to get heavy and I looked up to see the DUI checkpoint signs. I saw the motorcycle officers sitting to my left on the corner near the legally required turnout, knowing that just down the street there were more officers waiting to pull over those who were trying to abode the checkpoint.

We started to reminisce about the first time I had been pulled over in a checkpoint (Ashlee was in the car with me again – I’m going to start thinking twice about driving with her…) and as we drove by the motorcycle cops Ashlee decided to give them a nice parade wave.

I looked at her with daggers in my eyes and I said, “What did you wave at them for? Now we’re going to get pulled over for SURE!” She laughed maniacally, and I guess it didn’t matter because I wasn’t intoxicated, but who wants to talk to cops unless they have to?

As I watched several cars in front of us get waved through the checkpoint, I tried to count how many cars in front of me had gone without getting stopped. I was trying to establish that the city of Redondo Beach was complying with the constitutional guidelines set forth for them. I couldn’t figure it out since we had been placed in a single lane there was a gigantic moving truck in front of me blocking my full view.

As expected, we were stopped. I’m almost positive that the motorcycle cops had radioed ahead to the cops at the front to make sure we were stopped. I guess they figured that Ashlee had to be drunk to wave at them during a DUI checkpoint and were thinking that the driver (me) would be drunk as well.

The officer politely (and cheerfully, I might add) asked me for my drivers license. I gave it to him and he immediately asked if I had been drinking. I said no, with a smile and he said, “Just drunk people in the car, huh?” I smiled back at him and said nothing. Ashlee’s brother joked with the cop, “No officer, but we do have a Waver up here in the front” pointing to his sister. The officer laughed and asked if she had perfected her parade wave yet. He handed me back my license and waved me through.

Which brings me to some interesting thoughts – I have often asked a client who is stopped in a checkpoint what the pattern was for pulling cops over. What I mean by that is that cops have to pull over people in a DUI checkpoint with a formula mandated by a supervisor – for example, every 3 cars, or every 4 cars. When I was in that checkpoint, you couldn’t tell what the pattern was just because of the flow of traffic.

Another interesting thought – the officer asked if I had been drinking – if I had said yes I would’ve been pulled out of the car – he didn’t get close enough to smell any alcohol emitting from my breath, nor could he see whether my eyes were bloodshot and/or watery (which they were due to laser surgery that I had years ago). Just that question alone probably gets a lot of people without the officer having to do much work up to that point.

Anyway, Ashlee and I will no longer be driving in the same car. Although it was highly educational, I’ve had enough of going through DUI checkpoints.

September 1, 2010 Posted by | DUI | , , , , , , , , , , , , , , , | 1 Comment

   

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