Visalia Criminal Law Blog

A 31-year-old California man has been sentenced to state prison for two years for selling cocaine out of his home. He pleaded guilty to multiple charges in December and was sentenced on January 3. Apparently, the plea agreement did not dismiss any of the charges.

According to Riverside County authorities, narcotics investigators received a tip in April that the defendant was selling cocaine from his residence on the 42000 block of Kaffirboom Court in Temecula. As a result of that tip, investigators began surveilling the home and observed another defendant drive up to the home on May 4 and go inside. After he exited the home and drove away, law enforcement officers pulled him over and searched him. They found an unspecified amount of cocaine in his vehicle and placed him under arrest.

More DUI offenders in California will soon be required to submit to and pass a breath test (breathalyzer) before starting their vehicles. Starting in 2019, a pilot program that started in certain Golden State counties will be expanded statewide because of a bill that was passed with unanimous support. The new law requires first-time DUI offenders involved in incidents that resulted in injuries to use an ignition interlock device (IID) that only allows a vehicle to be started if a breath test is passed.

Drivers convicted of DUI charges for the first time will have to use an IID device to start their vehicles for six months. Repeat DUI offenders will have to leave the device in place for a year or more. The device also requires drivers to submit to random tests while their vehicle is being operated to discourage individuals from waiting until they pass their initial test to consume alcohol. A spokesperson for the company that installs the devices believes IIDs will provide added protection "like no other process will."

A study suggests that veterans in California and across the United States may be drunk driving and binge drinking more now than in past years. Researchers for American Addiction Centers looked at data provided by the Center for Disease Control. The data showed observations for behavior risks and looked at the number of incidents of binge drinking by veterans, drunk driving accidents involving a veteran and the number of veterans who experience emotional trauma that may lead to alcohol abuse.

The CDC defines "binge drinking" as consuming more than four alcoholic drinks in a two-hour period for women and five alcoholic drinks in a two-hour period for men. Veterans who binge drink have increased from 14 percent in 2013 to almost 17 percent in 2017. While the total of male veterans who binge drink had a 1.6 percent increase, the number jumped to 3 percent in women, suggesting that female veterans may be responding to greater emotional and physical trauma now than in past years.

About 30 percent of the motorists involved in fatal accidents in California each year test positive for drugs or alcohol, which is why police departments in the state take impaired driving extremely seriously. Roadside DUI checkpoints and roadblocks have been ruled unconstitutional in 10 states, including Oregon and Washington, but they are often used by law enforcement in California in the battle against drunk and drugged driving.

According to media reports, one such checkpoint conducted by the Temecula Police Department on the evening of November 16 and the morning of November 17 led to the arrests of two motorists suspected of driving with blood alcohol concentrations higher than California's .08 percent legal limit. Another driver was cited for violating health and safety laws, and 11 motorists were ticketed for driving either without a driver's license or with a suspended or revoked driver's license.