Dealing with Sobriety Checkpoints and Roadblocks

Whether or not you have had a drink and could possibly be near the legal limit of .08% BAC, you do have certain rights you may choose to exercise your rights and limit your participation in a sobriety roadblock or DUI checkpoint.

1. You DO have the right to avoid the drunk driving checkpoint and turn around. By law, the police are supposed to provide a safe turn out area for drivers who choose to not go through. Often times, there is an extra cop parked in a squad car or on a motorcycle who can go after you and ask why you avoided the roadblock. Is this probable cause? Did you do something wrong or illegal? DON'T MAKE AN ILLEGAL UTURN.

2. For adult drivers 21 years and over: You do NOT have to perform any field sobriety tests, nor blow into a handheld breathalyzer. The roadside gymnastics are completely voluntary, regardless of whether you're asked or just ordered to start doing the leg and pen and tricks. Drivers under 21 years of age, considered minors as far as drinking, do have to submit to roadside tests under California's Zero Tolerance laws.

3. When you stop at the designated check, the police officer's first goal is to smell your breath and look at your eyes, so he or she will want the window rolled down so they can get close to your face. You do have the option of leaving the driver's side window rolled up three quarters of the way, which will leave enough room for you to hand the officer your drivers license, registration, and proof of insurance. The officer will be watching your motor skills, alertness, and coordination while asking you questions and requesting your license, etc. If it appears you can't do two things at once, answer the questions while retrieving registration from the glove box, etc., you will arouse the officer's suspicion. They will probably ask you to roll down the window, if you don't comply, they will probably ask you to proceed to the secondary inspection area, where you'll be asked to step out of the car.

4. Once requested to exit the car, you'll need to do so. Be sure and be polite and respectful, but don't answer any questions other than those required by law. you must identify yourself ( provided by your drivers license info ), confirm your current address, provide registration, and proof of insurance. Any additional questions you can decline to answer by saying "I choose to not participate except as required by law", or "I would like to speak to an attorney if I'm going to be questioned", or "I choose to not answer questions", "am I free to leave?", "Would you like to see my driver's license again?", again, "am I free to leave now?" or "have I answered the questions required by law?".

What is an Expungement?

Once you’ve paid your debt to society with fines, a jail sentence, or successfully completing probation, it is time to clean up your criminal record. Expungement of your criminal record can help you in many areas of your life, such as getting jobs, achieving an education, obtaining professional licensure and perhaps most importantly, gaining peace of mind.

An expungement will seal your criminal records from your file. Once your record is expunged, you no longer need to disclose your criminal record on job applications, except when applying for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Otherwise, it's as if the offense never happened.

California has made big changes in its expungement laws as of January 1, 2008. In the past, you could have a criminal conviction such as DUI, hit-and-run, vehicular manslaughter or evading a police officer expunged merely by fulfilling the requirements of your sentence and probation.

However, California’s new law requires that you have a formal court hearing regarding your expungement, and the presiding judge has complete discretion over whether your criminal conviction is removed from your record or remains as written.

Therefore, the hearing may require calling witnesses, filing legal declarations, preparing additional information for the court about you and your particular circumstances, and outlining how your good conduct and reform justify expunging your conviction.

However, despite the new requirements, it is still entirely possible to have your California criminal conviction expunged. Once you do so, you can truthfully assert that you were never convicted of that offense.

A juvenile record can be sealed through the juvenile court after a successful hearing. Once this has been done, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; it is as if the offense never happened and cannot be revisited.

If you were convicted of a felony, it’s often possible to have the offense reduced to a misdemeanor and then expunged. Other types of record-cleansing include obtaining a Certificate of Rehabilitation and Pardon.

Although California lawmakers have made expungement more difficult, it’s still entirely possible to clear your criminal record and move forward with your life.

Lindsay Lohan May Be Going Back to Jail for a DUI

Lindsay Lohan will appear in court today to respond to a judge's inquiry about a violtion of her probation in a 2007 DUI case. As part of her rehab, Lohan was ordered to undergo alcohol education classes.

Lohan's initial DUI sentencing included an 18-month education program, 24 hours in jail and 10 days of community service while on probation; the probationary period was set to last 36 months. The sentence came when Lohan pleaded guilty to drunk driving, reckless driving and driving under the influence of cocaine.

Witnesses claim that Lohan, who has been in and out of rehab multiple times for alcohol and drug abuse, is out partying again. Many of these reports claim the young actress never stopped her hard party lifestyle after her DUI arrest and rehabilitation stint.

Lohan will have to appear in court in person; if she is found to be in violation of her probation, she will have to spend time in jail. In some cases, a defendant will have to spend the remainder of the probationary period in jail if the terms of probation have indeed been violated.

Nick Nolte's Son Arrested for a DUI

he son of actor Nick Nolte, Brawley King was arrested on October 6, in Santa Monica, CA. He was charged with suspicion of DUI and possession of marijuana.

Apparently, Brawley hit a car while attempting to change lanes. A field sobriety test was performed upon the suspicion of intoxication. Nolte was arrested, booked and held on $5,000 bail.

His father, Nick Nolte, was also arrested for a DUI in 2002. I guess, like father like son.

Mel Gibson's Ticket Expunged

Mel Gibson’s DUI was expunged from his record by a judge yesterday.

Mel Gibson was arrested for DUI in Malibu in 2006, but became infamous because of his anti-semitic comments made to the arresting officer.

Expungement clears a criminal conviction from your record if you meet certain requirements. Once cleared, you do not need to divulge the conviction in job applications. For the most part, it looks like it never even happened.

If you have a felony, it might be possible for the felony to be reduced to a misdemeanor then expunged. Speaking to a good criminal attorney can ensure that all your options are open.