SOBRIETY STAKEOUTS TARGET REPEAT DUIS.

Byline: Jason Kandel Staff Writer

Frustrated by the high number of DUI crashes, LAPD officers have come up with a novel tactic: staking out the homes of repeat drunk drivers in the San Fernando Valley and waiting for hours - days, in some cases - until they violate conditions of their probation.

A task force of five Valley Traffic officers launched the pilot program in December, making 18 arrests for probation violations since that time.

Working with the City Attorney's Office, the team has so far identified 721 people in the Valley who have at least two DUI convictions on their record. Out of that number, 40 people have three misdemeanor DUI convictions. Those offenders have been put at the top of the Valley Traffic Division's priority list.

``Unfortunately, we need this kind of approach,'' Valley Traffic Capt. Greg Meyer said. ``They might intend to comply with their probation conditions, but a lot of them are not going to be able to go along with the program.''

Today, Meyer and Police Chief William Bratton plan to announce the citywide expansion of the task force, citing the success of the Valley's program in keeping the deadliest drivers off the streets.

``Every one of these suspects are potential killers,'' said Officer Doug Gerst, who spearheaded the task force.

``They're out here with no insurance, no driver's license. Most of them drink. They are the ones who are the most likely to take out a family.''

Officials said the extra effort is needed to prevent repeat offenders from creating traffic catastrophes. City records show there were 192 alcohol-related crashes in the Valley between Jan. 1 and March 27 this year, compared with 195 during the same period in 2003 and 173 during that time period in 2002.

``In an ideal society, we shouldn't need folks checking up on people. But we don't have that kind of society,'' said Supervising Los Angeles City Attorney Richard A. Schmidt, who is working with the LAPD on the task force.

``When you put people in a 3,000-pound car and it's aimed at someone else's family, these repeat drunk drivers are tremendously dangerous people.''

One of the task force's earliest arrests set the stage for the kinds of offenders police would be encountering. On Dec. 17, a two-officer team staked out the North Hollywood home of a 65-year-old retired studio worker who had three drunk driving convictions. He had been put on probation for five years, and his driver's license had been suspended.

After waiting two hours, officers saw the man pull into his driveway and stagger out of the car. His blood-alcohol level was 0.15 percent, nearly two times the legal limit for driving drunk.

Prosecutors and Mothers Against Drunk Driving see the benefits of the effort, but some say they believe the operation violates the probationers' right to privacy.

``Big Brother is consistently watching,'' said Jonathan Kelman, a Los Angeles attorney who specializes in drunk-driving cases. ``Granted, no one should be violating the terms of their probation. But why now are we having Big Brother waiting at our homes for us to commit an offense?''

Laurie Levenson, a professor of law at Loyola Law School, said the task force is unusual and creative, but its actions are not illegal.

``Legally, there's no violation of any constitutional rights if the police are out in a public space watching somebody driving. They're being very proactive.''

Exacerbating the problem, police say, is a cost-cutting program implemented by Los Angeles County Sheriff Lee Baca that allows the early release of jail inmates convicted of misdemeanors - including DUI. The Sheriff's Department said 4,700 convicted drunk drivers were given early release between December 2002 and February 2004.

``Sadly and incorrectly, impaired drivers are considered the lowest threat to society on the totem pole,'' said Tina Pasco, the executive director of Mothers Against Drunk Driving Los Angeles. ``But it's a violent crime. They're just as devastating as other crimes.''

City Councilman Greig Smith, who last week proposed a city ordinance to seize the cars of suspected drunk drivers, praised the pilot program and the proposal to expand it citywide.

``I might even ask to work some of those details,'' said Smith, who is a reserve police officer.

``Drunk drivers are a threat to the health and safety of the public. If they have done it two or three times, chances are they will do it again, and the impact on society is tremendous.''

Staff Writer Rick Orlov contributed to this report.

Jason Kandel, [phone]

jason.kandel(at)dailynews.com

CAPTION(S):

2 photos, box

Photo:

(1) LAPD Sgt. Dave Ferry, left, reviews strategy with Officer Doug Gerst, a member of the Habitual DUI Offender Surveillance Team.

Charlotte Schmid-Maybach/Staff Photographer

(2) no caption (Meeting)

Box:

DUI PENALTIES

SOURCE: City Attorney's Office

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