Pics allegedly show cops, under-21 females, drinking


EXETER – Borough officials are looking into photos that surfaced on the Internet that allegedly show a current and former borough police officer consuming alcohol with underage females.

Some of the photos, posted on the popular Internet site MySpace.com, depict part-time officer Joseph DeMark and former officer Dion Fernandes standing with several women, all of whom are allegedly underage, holding large red cups commonly used at beer-keg parties.

In another photo, DeMark, who was also under the legal drinking age of 21, is seen sitting on a couch with a woman, with several bottles of liquor and a can of beer on a table in front of them. DeMark also is depicted in a poolside photo with Sgt. Leonard Galli in which both men are holding cups that contain an orange beverage and swizzle stick.

The photos were obtained by attorney Barry Dyller as part of a federal civil-rights lawsuit he filed on behalf of William Slavoski, a U.S. Secret Service Agent who alleges Galli and Fernandes unlawfully arrested him because he had questioned their handling of an underage-drinking investigation involving his son.

On Friday, attorneys for the borough filed a motion seeking to prohibit Dyller from introducing the photos as evidence should the case go to trial, arguing they were not relevant to the case and would prejudice the jury against police.

Dyller said he has been able to confirm through independent sources that all the women in the photos were under the legal drinking age. In May, the photos were posted on the MySpace.com account of a person whom he did not identify. The pictures have since been taken down, he said.

Dyller said borough police Chief John McNeil was shown the photos in June, when Dyller took McNeil’s deposition as part of the lawsuit. Dyller said he asked McNeil if he planned to ask DeMark, whom McNeil confirmed was age 20 at that time, if the containers in the photos contained alcoholic beverages, and McNeil replied, “Yes.”

Whether McNeil conducted an investigation afterward could not be determined Friday. He did not respond to a phone message left at the police station. Attempts to reach him at home were unsuccessful.

Contacted Friday, Mayor Joseph Coyne and Councilmen P.J. Pribula and Joseph Esposito said McNeil never brought the issue up to council. The men said they did not even know the photos existed until told so by a reporter.

“This absolutely is news to me,” Pribula said. “As soon as we get off the phone I’m going to make some calls to find out who knows what.”

Pribula stressed he has not made a judgment regarding whether DeMark or the other officers did anything inappropriate.

“I don’t want to jump to conclusions,” Pribula said. “I want to know what the circumstances were. It’s easy to take a picture of someone sitting at a table with a bottle of beer.”

DeMark did not respond to a phone message left for him through his father Friday afternoon. Fernandes, who no longer works for the borough, could not be reached for comment. Galli declined to comment when reached at the police station Friday.


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NFL picks: Pros and cons

We'd all be richer if someone was giving odds on player arrests

To the surprise of many, the New Orleans Saints are one of six teams heading into the weekend with an undefeated 3-0 record.

It has been pointed out that someone, somewhere, should offer odds on off-the-field activities. For instance, it would have been a savvy play to bet that yet another Cincinnati Bengal -- in this case, linebacker Odell Thurman, who was already under suspension for violating the league's substance abuse agreement -- would be arrested by, say, Week 3.

It would have been savvier still had you bet on the infraction in question (DUI), and on the NFL's punishment (a season-long suspension). And if you could have teased a bet that receiver Chris Henry would have been involved -- the four-arrest man was in the car, which may have violated the terms of a bond Henry was granted in a case of allegedly providing three underage girls with alcohol in June -- you, friend, would be richer. But not by a lot, because betting on Chris Henry getting into trouble would not involve long odds.

As for betting on when the Dallas Cowboys would truly regret signing receiver/cancer Terrell Owens, you might have guessed Week 3, but you would probably have not wagered on the words "attempted suicide" applying to Owens rather than to, say, coach Bill Parcells.

Meanwhile, we screwed up yet another prediction last week. We foresaw a .500 week, when in fact, this space went 9-5. Frankly, we're as shocked as you are.

All times are Eastern. All lines could change.

SAN DIEGO (-2.5) AT BALTIMORE ,1 P.M.

In other happy news, Chargers strong safety Terrence Kiel was arrested at team headquarters this week on felony drug charges. On the plus side, he will still be paid for missing this week's game. The NFL is having a terrific week, no? Pick: San Diego

NEW ORLEANS (+7) AT CAROLINA, 1 P.M.

In the feel-good story of the season, the Saints -- the Saints! -- are one of only six teams at 3-0. Still, we somehow doubt the contention that their win on Monday over Atlanta made everything OK in ravaged New Orleans, even for just one night. Pick: New Orleans

MIAMI (-3.5) AT HOUSTON, 1 P.M.

On one side, we could wager on Daunte Culpepper. On the other, the Texans. Is there a third option? Pick: Miami

INDIANAPOLIS (-9) AT N.Y. JETS, 1 P.M.

If you told us before the season that we would pick the Jets to cover less than, oh, a 28-point spread against the Indianapolis passing machine, we would have said you were crazy. Now, we would ask whether you see Tie Domi and Belinda Stronach tying the knot. Which we favour, because we've always wanted to see a Bizarro Wayne Gretzky wedding. Pick: N.Y. Jets

DALLAS (-9.5) AT TENNESSEE, 1 P.M.

Dallas police corporal Glenn White, as quoted by The Associated Press, on Owens and his publicist claiming the police report was wrong: "[The officers] are being put under a microscope by some fancy little football person. Give me a break. Those officers are 10 times better than this man." Agreed. Pick: Tennessee

MINNESOTA (+1) AT BUFFALO, 1 P.M.

All we know is that many in the Toronto area will resent being forced to watch this turkey rather than, say, San Diego-Baltimore. Pick: Minnesota

ARIZONA (+7.5) AT ATLANTA, 1 P.M.



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What You Need to Know About Cadet Training at the CHP Academy



Welcome to the California Highway Patrol Academy. You have made the decision to become part of a remarkable organization. The California Highway Patrol is known as one of the finest law enforcement agencies in the world.

The road to becoming an officer will be a challenging one. You will be tested mentally, physically and emotionally on a daily basis. The purpose of the training regimen is to instill pride and discipline in each cadet.

The California Highway Patrol is often described as a "paramilitary" department, and that is true. The uniforms, ranks and insignias, chain of command, and the long-standing traditions resemble a military organization.

There is a remarkable esprit de corps in the California Highway Patrol that is unique to this organization. On graduation day you will have earned and will take great pride in your new position as an Officer of the California Highway Patrol.

You will need to arrive at the Academy for your first day by 0730 hours. You will be greeted by an officer from the Academy. Upon arrival, you will fill out various Department and Academy forms. After you have completed the forms process, you will be greeted by Officers from the Staff Office. They will be with you for the remainder of the day.

What to wear to Cadet Training

Male and Female cadets should report to the Academy in appropriate business attire.

Males
Suit (Sport Coat), tie, dress shoes
Females
Business suit, dress shoes
(Skirts, Dresses and High-heel shoes not recommended)
Uniform items will then be issued and you will be required to be in uniform for the remainder of the day. (Bring enough "proper attire" for at least three days, as the Cadet Uniform may not be ready.)

Grooming Standards

Males
Hair - Short (Not Shaved)
Clean Shaven
Females
Hair - Short or off the collar
NO MAKE-UP
Fingernails - Short, no colored polish
What to bring

As a cadet, the most important item to take to training is a positive attitude. It is imperative that each cadet possesses certain documents and information for the first day processing.

Driver's License
At least two blank checks, with $350 to $500 in account to cover checks
Social Security Numbers of Beneficiaries
Emergency contact information
Vehicle information - License Plate Number, Color, Make and Model
Other Items to Bring

One clock-radio
Dusting supplies (Pledge, dust rags, etc.)
Shoe Polishing items
Plain white Crew Neck t-shirts
A minimum amount of civilian attire
Swimsuit
Toiletries (Prescription Medications)
Boots / Shoes - Black, all leather
A pair of running shoes and non-marking court shoes
Your cadet training will range from Academics and Physical Training to Enforcement Tactics, Weapons Training and Vehicle Operations. You will be required to meet the standards set forth by the Commission on Peace Officer Standards and Training (POST) and the Academy. The following descriptions will give you a brief overview of the type of training and what you should expect of yourself in each phase.

Academics

Academically, you will be responsible for 42 "learning domains" (LD's) mandated by POST, in addition to agency specific policies and procedures. During your approximately 6-month program, you will receive over 1,000 hours of training. You will be trained by Officers and Sergeants who are experienced in training cadets. If you fail to pass any LD examination, you will be required to take a remedial exam in addition to serving a weekend restriction. Failure of the remedial exam will result in termination from cadet training.

You are also required to complete and pass an Accident Investigation course, Spanish language training and Criminal Law courses. You will also be certified as an Emergency Medical Responder (EMR) during your Academy training.

Physical Training

This is the most challenging phase of training for most cadets. You will need to report for training prepared for a strenuous conditioning program. The Physical Training (PT) Staff will motivate you to push your body to its limits and beyond. You will be expected to pass a variety of Physical Fitness Tests and the Physical Performance Program Test.

To prepare yourself, you should be involved in some form of strength training program. A circuit training program is advisable. You should also be running at least 3 miles, 3 times a week, at a 9-minute-per-mile pace. You should also be able to perform 50 sit-ups, 50 push-ups and 4 pull-ups prior to reporting to the Academy. This will ensure that you meet the minimum acceptable level for incoming cadets.

Enforcement Tactics

The Enforcement Tactics Staff will train you in various aspects of enforcement procedures. During the 66-hour course, you will learn the basics for Use of Force, Patrol Techniques, Vehicle Pullovers, and Crimes in Progress. You will be tested on your general knowledge in each phase, as well as your ability to apply that knowledge during both day and night scenario testing.

Weapons Training

The program is realistic weapons training that prepares officers to meet the challenge of "real world" encounters.

Each cadet will be instructed in the safe handling and effective use of the Department's general duty weapons - Smith & Wesson model 4006 semiautomatic pistol, and Remington model 870 shotgun, both in daylight and night conditions. Each cadet will also complete a firing course to familiarize him/herself with the Colt AR15A2 rifle.

Also covered in the Weapons portion of training is the proper use of Oleoresin Capsicum (OC), "pepper spray", operations in a chemical environment (CS gas), and basic recognition and handling of confiscated and clandestine weapons.

Emergency Vehicle Operations Course

The Emergency Vehicle Operations Course is famous throughout the world as the finest law enforcement driver training program available. You will be trained in enforcement driving at the Emergency Vehicle Operations Course. You will receive a minimum of 20 hours of lecture on vehicle dynamics, performance driving techniques, and departmental policy. You will also receive a minimum of 16 hours of hands-on driver training. This training includes vehicle placement, skid control techniques, performance driving, defensive driving and Code-3 pursuit driving.

Each cadet will be required to meet minimum performance objectives during each phase of hands-on training, as well as showing knowledge by successfully completing a written examination.

Customs and Courtesies

The following are some customs for cadets to become familiar with:

When called upon by a staff member or any person on the Academy grounds, state "Sir (or Ma'am), Cadet ______".
When speaking to a staff member or any person, state "Yes, Sir (or Ma'am)." "No Sir (or Ma'am)."
Upon contacting, meeting, or passing any person on the Academy grounds, make eye contact and state "Good morning, (afternoon, or evening), Sir (or Ma'am)."
When reporting to any office or officer, state, "Sir (or Ma'am), Cadet ______ reporting as ordered."
Any time you report to a staff member, and before leaving, you will assume the position of attention and remain in that position until told otherwise.
Training Day

The Academy is a live-in training facility that will accommodate 408 students. This will be your home for the next several months. Your training day will typically begin at 0800 hours and end at approximately 1700 hours. You will be required to remain on the Academy grounds after training hours.

Drill

Cadets learn the drill procedures necessary to participate in ceremonies and tactical formations, such as riots and civil disturbances. Drill Instructors provide instruction in the proper techniques of marching. You will have many opportunities to practice marching while in training. This is the first area you will notice your class working as a team.

Inspections

Personnel and Dorm inspections are held at various intervals in your training. This will ensure that each cadet adheres to the high standards of the Department. You will be responsible for maintaining the cleanliness and appearance of both your dormitory room and your uniform. These inspections are important in your overall performance evaluation.

Liberty

You will receive liberty on Wednesday nights and weekends, contingent on your passing the tests each week and absent any disciplinary actions.

Wednesday - 1700 to 2359 hours
Weekends - 1700 hours Friday to 2359 hours Sunday
Cadets are required to be in appropriate civilian attire when leaving and returning from liberty.

Meals

Meals are served between 0645-0730, 1145-1230 and 1700-1730 hours Monday through Saturday, and 0800, 1200, and 1700 hours or Sunday. The cafeteria provides a variety of prepared foods. You will be responsible for choosing your meals appropriately. Cadets not meeting the body composition requirements will be placed on the training table and must adhere to a strict diet.

Salary / Pay

Cadet pay warrants will be issued after the first of every month. Keep in mind that you will only receive one pay warrant per month, so plan your finances accordingly.

Medical Care

You will have medical and dental benefits provided after your first thirty days of training. Should you become ill during the first thirty days of training, you will be responsible for any medical costs. Treatment for injuries that you suffer as a result of training will be covered by the Department.

Mail / Mailing Address

Incoming mail is delivered to the Academy on a daily basis, except Sundays and holidays. You will need to inform all correspondents to address your mail:

Cadet ______
C.T.C. ____
California Highway Patrol Academy
3500 Reed Avenue
West Sacramento, CA 95605-1699

Housing

Each cadet is assigned to a dormitory quad upon arrival to the Academy. Eight cadets will be assigned to each quad, sharing common restrooms and showers. You will share a room with another cadet from your class and will be responsible for maintaining its appearance.

Emergencies

Cadets may receive emergency telephone calls once an emergency is verified. You should tell your family and friends that you cannot receive any other phone calls during your 26 weeks of training.

Personal Affairs

Cadets should have their personal affairs in order prior to reporting to the Academy. Be prepared to be separated from your family for several months. Personal and family conflict (marriage problems, being homesick, etc.) is the main cause for early separation from cadet training.

Mission statement

The Department's mission is to ensure safety and provide service to the public as they utilize the highway transportation system and to assist local government during emergencies when requested. The Department has established the following values to accomplish its mission: respect for others, fairness, ethical practices, and equitable treatment for all.

Academy Rules and Regulations

The Academy is designed to be very stressful, testing each cadet's ability to adapt to varying situations and manage stress. You must be prepared to handle a tremendous workload, while being able to maintain your appearance, demeanor and professionalism.

When you first report to the Academy, you will feel overwhelmed by the amount of studying and physical exercise you will perform. From the beginning, you are held to the highest of standards. The Staff will push you to perform and assist you if and when you need it.

Graduation will be a proud day for you and your family. On graduation day, the Academy grounds will be opened to families and friends accompanied by graduating cadets.

Cadets who excel in training are recognized during the graduation ceremony. The cadets who achieve the highest point score in Academics, Physical Training, and Weapons Training will receive awards. Awards will also be given to the cadet(s) selected as the Most Inspirational Cadet and the Outstanding Cadet in each class. Each cadet receiving an award will have his/her name permanently displayed in the Recreation Building.

Badge numbers will be assigned based upon the overall Academy performance. The highest point total will be assigned the first badge number for that class.

Cadets should prepare to relocate and report to any area within California. The assignments will be given prior to graduation day.

Each cadet is faced with a number of obstacles during the training. Most cadets have difficulty with the regimentation and some with the physical testing, yet most cadets have one thing in common: they failed to prepare themselves properly for the rigors of the Academy lifestyle.

The following is information you will be required to know as a cadet. You may wish to get a head start by preparing now.

"CHP Cadets do not lie, cheat or steal,
nor do they tolerate those who do."

This is the motto that all cadets are expected to live by. Cadets must conduct themselves honorably and are held to higher standards of conduct both on and off duty.

Physical fitness is a must, so start getting into shape now and be at your best when you report. The ability to organize your time and manage many tasks is essential for survival at the Academy.

Writing Format

As a cadet you will write numerous reports and complete a variety of tests and forms. Printing shall be in upper case, block letters, using six digit dates and military time.

Example: "1700 HOURS ON 022898" "VEHICLE #1 SUSTAINED MAJOR FRONT END DAMAGE."

Military Time

The Department uses standard military time on most documents. Military time has no colon to separate hours and minutes. The hours are number 1 through 24 (a zero precedes the numbers 1 through 9).

0100 Zero one hundred 1:00 a.m.
0200 Zero two hundred 2:00 a.m.
0300 Zero three hundred 3:00 a.m.
0400 Zero four hundred 4:00 a.m.
0500 Zero five hundred 5:00 a.m.
0600 Zero six hundred 6:00 a.m.
0700 Zero seven hundred 7:00 a.m.
0800 Zero eight hundred 8:00 a.m.
0900 Zero nine hundred 9:00 a.m.
1000 Ten hundred 10:00 a.m.
1100 Eleven hundred 11:00 a.m.
1200 Twelve hundred 12:00 noon
1300 Thirteen hundred 1:00 p.m.
1400 Fourteen hundred 2:00 p.m.
1500 Fifteen hundred 3:00 p.m.
1600 Sixteen hundred 4:00 p.m.
1700 Seventeen hundred 5:00 p.m.
1800 Eighteen hundred 6:00 p.m.
1900 Nineteen hundred 7:00 p.m.
2000 Twenty hundred 8:00 p.m.
2100 Twenty one hundred 9:00 p.m.
2200 Twenty two hundred 10:00 p.m.
2300 Twenty three hundred 11:00 p.m.
2400 Twenty four hundred 12:00 midnight
0005 zero zero zero five 12:05 a.m.



Phonetic Alphabet

A Adam N Nora
B Boy O Ocean
C Charles P Paul
D David Q Queen
E Edward R Robert
F Frank S Sam
G George T Tom
H Henry U Union
I Ida V Victor
J John W William
K King X Xray
L Lincoln Y Yellow
M Mary Z Zebra

Professional Values

Courage Stand up for what is right despite the threat of adversity.
Honesty Uphold the truth, and maintain the trust and confidence placed upon us by the citizens of California.
Professionalism Constantly strive for quality and excellence.

Principles Adhere to the highest conduct which promotes moral and ethical ideals.

Respect Display a positive, service-oriented attitude towards the public and each other.
Integrity Be honorable, open, and fair; this is the cornerstone of our profession.
Dedication Commit to the mission of the Department and our oath.
Esprit de Corps Encourage personal and organizational success through group effort and team spirit.

CHP Star

The California Highway Patrol "Star" has seven points, each point representing the qualities that each member of this Department must possess.

California Highway Patrol

Code of Honor

I, a member of the California Highway Patrol, subscribe in word and deed to the following:

"To serve the United States of America and the State of California honestly, and conscientiously; and fulfill my oath as a soldier of the law;

To uphold and maintain the honor and integrity of the California Highway Patrol;

Be loyal to my fellow officers; respect and obey my seniors in rank; and enforce the law without fear, favor or discrimination;

Assist those in peril or distress, and, if necessary, lay down my life rather than swerve from the path of duty;

My personal conduct shall at all times be above reproach and I will never knowingly commit any act that will in any way bring discredit upon the California Highway Patrol or any member thereof;

To all this I do solemnly pledge my sacred honor as an Officer of the California Highway Patrol."



Chain of Command (C.O.C.)

Commissioner Executive Officer of the CHP.
Deputy Commissioner Second in command, responsible for the operation of the Department.
Assistant Commissioner, Field Director of Field operations, responsible for delivery of service to the motoring public.
Assistant Commissioner, Staff Responsible for five Headquarters Divisions.
Personnel & Training Division (P&TD) Chief Responsible for the overall planning, organization, direction and control of P&TD.
Academy Commander Captain in charge of the Academy.
Tactical Program Manager, Lieutenant Responsible for all tactical training at the Academy.
Academic Program Manager, Lieutenant Responsible for all academic training at the Academy.
Staff Office Supervisor Supervises the Officers, and controls all actions of the Staff Office.
Staff Officer or Counselor Directly responsible for cadet supervision and evaluation.



End of Training at the CHP Academy

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CINCINNATI – Coach Marvin Lewis expects middle linebacker Odell Thurman to be suspended for the rest of the season following his arrest early Monday on a drunken driving charge, making him the sixth Cincinnati Bengal arrested this year.
Thurman, already serving a four-game suspension for violating the NFL's substance abuse policy, could get an additional one-year suspension from the league.

The arrest came less than a week after commissioner Roger Goodell visited Cincinnati and reminded players of their responsibility to stay out of trouble and represent the league honorably. It also drew Lewis' most stinging comments since receiver Chris Henry was arrested last December, starting the streak of court appearances by Bengals players.
Henry and receiver Reggie McNeal were passengers in the sport utility vehicle Thurman was driving Monday, but were not charged. Police said Thurman registered 0.18 percent on a blood alcohol test, more than twice the legal limit of 0.08.

“I am not pleased,” Lewis said. “It's not right, it's not what we stand for, it's not what the National Football League should represent.”

Thurman, a second-round draft pick from Georgia last year, started all but one game during the Bengals' first winning season and first playoff appearance since 1990. The league suspended him in the offseason for missing a drug test.

He was arrested at 3 a.m. Monday, a few hours after the team returned from a 28-20 victory in Pittsburgh. Henry had five catches for 69 yards and a pair of touchdowns in that game.

Police Capt. Dan Gerard said an officer working near a DUI checkpoint on the city's east side saw Thurman drive the sport utility vehicle across a double yellow line and stopped him. Although police declined to identify the two Bengals who were passengers, McNeal told The Associated Press he and Henry also were in the vehicle.

McNeal declined to go into detail about what happened or why Thurman was driving.

“Just a misunderstanding,” McNeal said, as he left Paul Brown Stadium on Monday afternoon.

Thurman was given the breath test, then released to a sober companion who drove him home, Gerard said. He is scheduled for a court appearance on Oct. 2, the day his four-game suspension ends.

If convicted, Thurman could get a tougher sentence because of the high blood-alcohol level, Sgt. Jon Payer said. The average sentence for a first-time offender in Ohio is three days in jail or an alcohol-education program and a $500 fine, he said.

Lewis expects Thurman to get an additional punishment from the league. Another violation of its substance abuse policy brings a minimum one-year suspension in addition to the one he is already serving.

“He just obviously doesn't understand the privilege and the right to play in the National Football League,” Lewis said. “This will probably be dealt with very severely.”

Lewis has repeatedly drafted players who were in trouble with the law or their coaches during their college careers, and has steadfastly defended them following their arrests once they joined the Bengals. He came down harshly on Thurman, but sidestepped questions about the teammates that were with him.

“It's socially and morally not right to be – if by the test that is true – that you are intoxicated behind the wheel,” Lewis said. “It's not correct. It's not right for our society, and I think that's a bad message. These guys all have the ability to do the right thing and call a cab or do whatever it takes.”

Henry has been arrested four times and convicted twice, avoiding jail time so far. He pleaded guilty to marijuana possession in northern Kentucky, and this month pleaded guilty to a weapon charge in Orlando, Fla.



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New law cracks down on uninsured motorists

WATSONVILLE — Got liability insurance for your car?

If you don't buy it by Sunday, there's a chance that the Department of Motor Vehicles could find out and suspend your vehicle registration under a new law designed to reduce the number of uninsured motorists in the state.

At last count in 2003, there were roughly 3.4 million uninsured motorists in California, according to the Department of Insurance in Sacramento.

The new state law aims to reduce those numbers, which are on the rise due to more motorists on the road, according to the DMV.

The law, which passed in both houses of the state Legislature during the 2004 session, was signed by Gov. Arnold Schwarzenegger in September 2004 and went into effect in January 2006.

But it's just now being enforced because it took more than two years to create the database that automatically notifies DMV when motorists either fail to renew their insurance policies or neglect to buy insurance for a new vehicle.

In Watsonville, many uninsured motorists or those who have just bought new cars have been making mad dashes to insurance brokers around town to make sure they comply with the law before it takes effect.


"We're averaging between 10 and 20 customers a day," said an elated Leticia Klay of Leticia Klay Insurance Services on Freedom Boulevard. "A lot of the people we insure don't drive very far so we've been able to get them some pretty cheap policies. Basically, they just want to get to and from work without running some sort of risk."

The author of the legislation is state Sen. Jackie Speier, D-San Mateo, who also was instrumental in passing an Assembly bill when she served as an assemblywoman in 1997 that requires all California motorists to carry proof of insurance while driving.

Since 1979, buying car insurance has been state law, but the problem has always been getting people to heed it, said Speier spokeswoman Tracy Fairchild.

Some motorists have been known to buy insurance merely to register their vehicles, only to cancel the policy after they were registered, Fairchild said.

"Too many people have learned how to game the system," she said.

Since the 1997 law requiring proof of insurance was passed, however, accidents involving uninsured motorists have dropped to 13 percent from 25 percent, Fairchild said.

"This is the final loophole and it basically entails the sharing of data between the insurance companies and the DMV," Fairchild said. "It shows that you have insurance. It's in the computer. All police officers have access to it now. And if your insurance lapses, then the insurance company automatically notifies DMV."

According to the DMV, policyholders will have 45 days to reinstate their policies after they've been canceled, and the owners of new vehicles have 30 days to provide proof of insurance.

"The intent of the law is to get more uninsured motorists off the road and that, in turn, could hopefully lead to cheaper premiums," said Mike Miller, a DMV spokesman in Sacramento.

The slogan of the new law sounds a lot like a "Don't Drink and Drive" advertisement.

"Insure it or lose it," so the slogan goes. "It's the law."

The fear of the new law is driving many Watsonville residents to Klay's auto insurance business.

"It's only right to be insured," said Daisy Fernandez, who purchased a policy through Klay on Tuesday for a used Honda Accord she recently bought. "My husband was in an accident a couple of years ago and the people who hit him were uninsured and they ended up taking off from the scene because of it. We learned the hard way."

In 2005, 19,146 people statewide were convicted of driving without insurance after being involved in crashes, said the DMV's Miller.

In 2004, the number of uninsured motorists involved in accidents was 17,987.



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New law cracks down on uninsured motorists

WATSONVILLE — Got liability insurance for your car?

If you don't buy it by Sunday, there's a chance that the Department of Motor Vehicles could find out and suspend your vehicle registration under a new law designed to reduce the number of uninsured motorists in the state.

At last count in 2003, there were roughly 3.4 million uninsured motorists in California, according to the Department of Insurance in Sacramento.

The new state law aims to reduce those numbers, which are on the rise due to more motorists on the road, according to the DMV.

The law, which passed in both houses of the state Legislature during the 2004 session, was signed by Gov. Arnold Schwarzenegger in September 2004 and went into effect in January 2006.

But it's just now being enforced because it took more than two years to create the database that automatically notifies DMV when motorists either fail to renew their insurance policies or neglect to buy insurance for a new vehicle.

In Watsonville, many uninsured motorists or those who have just bought new cars have been making mad dashes to insurance brokers around town to make sure they comply with the law before it takes effect.


"We're averaging between 10 and 20 customers a day," said an elated Leticia Klay of Leticia Klay Insurance Services on Freedom Boulevard. "A lot of the people we insure don't drive very far so we've been able to get them some pretty cheap policies. Basically, they just want to get to and from work without running some sort of risk."

The author of the legislation is state Sen. Jackie Speier, D-San Mateo, who also was instrumental in passing an Assembly bill when she served as an assemblywoman in 1997 that requires all California motorists to carry proof of insurance while driving.

Since 1979, buying car insurance has been state law, but the problem has always been getting people to heed it, said Speier spokeswoman Tracy Fairchild.

Some motorists have been known to buy insurance merely to register their vehicles, only to cancel the policy after they were registered, Fairchild said.

"Too many people have learned how to game the system," she said.

Since the 1997 law requiring proof of insurance was passed, however, accidents involving uninsured motorists have dropped to 13 percent from 25 percent, Fairchild said.

"This is the final loophole and it basically entails the sharing of data between the insurance companies and the DMV," Fairchild said. "It shows that you have insurance. It's in the computer. All police officers have access to it now. And if your insurance lapses, then the insurance company automatically notifies DMV."

According to the DMV, policyholders will have 45 days to reinstate their policies after they've been canceled, and the owners of new vehicles have 30 days to provide proof of insurance.

"The intent of the law is to get more uninsured motorists off the road and that, in turn, could hopefully lead to cheaper premiums," said Mike Miller, a DMV spokesman in Sacramento.

The slogan of the new law sounds a lot like a "Don't Drink and Drive" advertisement.

"Insure it or lose it," so the slogan goes. "It's the law."

The fear of the new law is driving many Watsonville residents to Klay's auto insurance business.

"It's only right to be insured," said Daisy Fernandez, who purchased a policy through Klay on Tuesday for a used Honda Accord she recently bought. "My husband was in an accident a couple of years ago and the people who hit him were uninsured and they ended up taking off from the scene because of it. We learned the hard way."

In 2005, 19,146 people statewide were convicted of driving without insurance after being involved in crashes, said the DMV's Miller.

In 2004, the number of uninsured motorists involved in accidents was 17,987.



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Naughty cops

TAMPA, Fla. – Hillsborough County vice officers spent $6,400 for more than 90 lap dances, drinks and tips in an investigation into nudity and liquor law violations at an adult bikini bar that spanned more than two years, county records show.

“Sometimes that's what it takes to get rid of the problems – a lot of attention,” Sheriff David Gee said of the investigation into Lil Tootsie's nightclub.

Gee said vice detectives first targeted the club, which features bikini-clad women available for private dance sessions, in February 2004 after deputies responded to numerous calls ranging from violence to DUI arrests, The Tampa Tribune reported.

Hillsborough bikini bars can serve alcohol as long as they don't allow nudity. Sheriff's detectives sought 41 misdemeanor nudity charges against 15 dancers at the club, but were unable to identify another 34 dancers, records show. Detectives bought seven lap dances from “Cherry” but never identified her, records show.

The agency recently asked county commissioners to revoke the club's special permit to serve alcohol. A vote is set for November.

The owner of the property, JEM-N-I Inc., is suing to stop the revocation process, saying the company was not given enough notice about the county hearing.




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Rookie District Attorney Cracks Down on Drunk Drivers

MINEOLA, N.Y. (Sept. 25) - Kathleen Rice's eyes begin to well up when she talks about the victims of drunken driving.
Nassau County, N.Y., District Attorney Kathleen Rice has nixed plea deals in DWI cases, plans to put alcohol sensors on some offenders and is trying a man for murder in one horrific case.


She cannot fathom why so many people - more than 4,100 arrested in her community last year - turn the ignition after having a few drinks. More troublesome, she said, is that one-third have been caught before.

Rice, however, can do something about it: As Nassau County district attorney, she has launched an aggressive assault on drunken driving in one of the nation's busiest traffic corridors.

She does not allow plea deals in DWI cases. She put a man on trial for murder in a horrific drunken-driving crash. And she plans to slap alcohol-sensors on the ankles of admitted alcoholics.


"If I'm a one-term DA, then I'm a one-term DA, but I am going to do everything that I can to make the changes in this county."
-Nassau County, N.Y., District Attorney Kathleen Rice


The moves have drawn jeers from defense attorneys who believe her approach leaves little leeway for judicial discretion. But Rice doesn't care.

"Look, if I'm a one-term DA, then I'm a one-term DA, but I am going to do everything that I can to make the changes in this county," Rice said in an interview with The Associated Press.

Rice's office is currently prosecuting a 25-year-old insurance salesman on murder charges - a rarity in drunken-driving cases - following an accident that killed a 7-year-old flower girl and the chauffeur who was driving her family home from a wedding.

While the murder case is getting national media attention, Rice said it's only one part of an effort to get drunks off Long Island highways.

Plea deals in DWI cases are no longer acceptable, she said, and this summer her office obtained a warrant for a blood sample from police inspector who was later charged with drinking and driving after crashing his unmarked police cruiser into a utility pole while off duty.

She said while getting blood samples is standard practice in other jurisdictions, it is something new in Nassau County. She also intends to use a $110,000 state grant to purchase high-tech alcohol-detecting ankle bracelets for DWI offenders who, as part of their probation, are required to stay sober.

There were 26 people killed in drunken-driving crashes last year in Nassau County, which is adjacent to New York City.


"People need some degree of hope, and under Kathleen Rice's policies, they're not getting it."
-Defense attorney Thomas Liotti


Rice keeps her emotions barely beneath the surface when she talks specifically about the family of Kate Flynn, the little flower girl who was decapitated as she slept in the back seat of a limousine that crashed head-on into a pickup truck. The driver of the pickup was allegedly three times over the legal limit and was going the wrong way on a highway when the crash occurred.

"The pain that that family is going through, they will never be the same," said Rice. "They talk to you about how now they put three kids to bed, but they say goodnight to four. I mean it just breaks your heart."

When she ran against 31-year incumbent District Attorney Denis Dillon last year, Rice hammered away at what she said was her opponent's propensity for allowing defendants to plea bargain. Once in office, she discovered that more than one-third of all the pending DWI cases involved repeat offenders.

"I almost fell to the floor when I saw that," the former federal prosecutor said. "It was clear to me that there was no deterrent message. The message was you can do this as many times as you want and you're always going to be given the option to plead out to the equivalent of a traffic infraction."

"When you have someone who gets caught one time and they learn their lesson and they never come back, well that's good for them and good for us. But that's not what's happening."

Denna Cohen, president of the Long Island chapter of Mothers Against Drunk Driving, enthusiastically endorses Rice's efforts.

"She's absolutely correct that there's an epidemic of drunk driving on Long Island," said Cohen, whose 21-year-old daughter Jodi was killed in a DWI-related accident in 1989. "There's not a day that you can open the paper and not read about another DWI crash. I am so proud of the way she is handling the situation."

Not everyone is so happy.

Defense attorney Thomas Liotti held a news conference in August claiming Rice's refusal to yield on plea bargains is too stringent. "She's basically looking at this as a black-and-white issue," he said. "People need some degree of hope, and under Kathleen Rice's policies, they're not getting it."

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San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



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The trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State, where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.” - US Constitution Article III, Section 2, Paragraph 3

One of the most important constitutional rights is the right to a fair and open trial. The Sixth Amendment guarantee is apparently a personal right of the defendant, which he may in some circumstances waive in conjunction with the prosecution and the court, but it is the defendant's decision.

Because this right is so fundamental in the United States, the US Supreme Court in the past has had little occasion to deal with the right. It is a right so fundamental that it is protected against state deprivation by the due process clause, but it is not so absolute that reasonable regulation designed to forestall prejudice from publicity and disorderly trials is foreclosed.

Yet there are those working within our nation's legal system who wish to change the process by which civil liberties are protected for someone accused of a criminal offense or faced with civil litigation. The most serious but little known trend is the reduction in use of the jury trial.

A respected jurist, Hugh Bownes, recently wrote, "There are several good arguments for [eliminating juries]. [In] doing so, it saves time, saves money and a judge is better equipped by training and experience to cope with the nuances and complications of complex issues. Any judge will attest to that. Yet to understand whether trial by jury should be eliminated in complex civil cases, we first have to look at what the purpose of a civil trial is and the function of the jury in it."

While Bownes advocates elimination of juries in civil cases, it is this tinkering with our judicial process that should disturb all clear-thinking Americans. It is but another first step in the march to creating an imperial judiciary. What may appear expedient in a civil trial may seduce the lawyers in black robes to advocate non-jury trials for criminal cases in the very near future.

If Americans accept as the law that which a judge states, then they have accepted the exercise of absolute authority of a government employee and have surrendered a power and right that once was the citizen’s safeguard of liberty.

For instance, in the State of Oregon, the Oregon Judicial Department's Future of the Courts Committee is quoted as saying in their “Justice 2020 The New Oregon Trail,” "The state courts have worked to reduce inappropriate uses of jury trials."

Of course, the Oregon Judicial Department qualifies this statement by saying they are committed to preserving the defendant's right to a trial by a jury of his/her peers, but they are also committed to "reducing the public's reliance on jury trials to resolve disputes" by the year 2020.

“To some Americans, this may seem reasonable. It may sound reasonable until one considers human nature and the potential for corruption of the court process if removed from the hands of citizens and placed into the hands of black-robed attorneys and so-called justice practitioners,” says one attorney who spoke on condition of anonymity.

“Quite simply, it is far more difficult to bribe, blackmail or coerce 12 members of a jury than it is to bribe, blackmail or coerce one judge. And the jury process to a certain extent prevents the political back-scratching so common in the two other branches of government,” he said.

Also, in most jurisdictions, judgeships are political entities relying on the same political foibles that exist in electing mayors, governors, senators and other federal, state and local officials. Defendants should not have to worry that the man who sits in judgment over them is a "conservative" or "liberal" or "libertarian." To be sure, jury members have political biases, but they are not professional politicians with their own agendas.

In Oregon, the Justice Department encourages the use of what it calls Alternative Dispute Resolution. Most disturbing is the fact that the Oregon Bar Association endorses the acceleration in the use of ADR. In fact, one goal is the integration of ADR methods and techniques in criminal cases. They also advocate the elimination of what they call "outmoded, redundant or unnecessary court functions."

Now, it's obvious they aren't looking to eliminate the judges, defense attorneys or prosecutors. The courts will still require bailiffs, protection officers, court reporters and administrators. So who do you suspect they seek to eliminate? Could it be the jury?

In the case of Oregon, the state government is in the process of "educating" the public in the need for "multi-door justice systems," which includes alternatives to jury trials. The strategy appears to be: denigrate juries as being ineffective and obsolete, while at the same time trumpet the praises of a system that relies on the judgment and conduct of "justice professionals."

The elimination of jury trials will not be accomplished in one felled-swoop. In several states it's being accomplished piecemeal. Arizona has just joined a small but growing list of states that have taken away the right to jury trial in DUI cases, even though DUI charges may lead to incarceration and other penalties.

This may be a frightening trend. It puts the fate of DUI defendants in the hands of elected judges. Given the power of groups like MADD, that will mean the further erosion of the rights of alleged San Diego DUI suspects. It saves the criminal justice system money, which means every jurisdiction in the state will likely want to scrap jury trials for DUI cases.

However, Jim Kouri, a vice president with the 14,000-member National Association of Chiefs of Police sees things in a different light.

"With all the violence occurring due to courtroom injustices, such as "deadbeat dad" cases or domestic violence, there is fear among judges that they are in physical danger. If they can conduct a closed session with only court employees in the courtroom and the suspect in his jail cell participating in his trial by judge, the danger to the judge is reduced," said Kouri, a 30-year law enforcement and security veteran.


In direct violation of the US Constitution, the US Supreme Court recently ruled that you don't have to be given a jury trial if you face less than six months in prison. And if you have a dispute with the IRS, EPA or any of a dozen other regulatory agencies, your case will usually be heard by an administrative law judge employed by the same agency you are disputing. Judges routinely deny the traditional right of jurors to judge the law, as well as the facts of a case, and vote their conscience.

Thomas Jefferson considered the jury trial "the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.''

If Americans allow those in power to bypass trial by jury, that concept -- in fact, all of our Bill of Rights -- will be in danger of extinction.

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Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122

Rack 'em:

An alleged drunken motorist who brandished a pool cue while driving at a group of motorcyclists was hit by his own car after he attempted to approach the bikers on foot, authorities said.

Richard Brooks, 50, of Concord was pulled to safety by the motorcyclists Thursday after his car – which he left in reverse – knocked him into the highway, said Officer Scott Yox of the California Highway Patrol.

Brooks, who was arrested on suspicion of assault with a deadly weapon and driving under the influence, told authorities he was offended by skeletons some of the riders wore on their leather Harley-Davidson jackets and what he perceived as their attempts to appear tough.

“It was his impression that they thought they were better than him,” Yox said. “They were irritating to him, and he felt he needed to do something about it.”



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Study Finds Repeat DUI Offenders Have High Mental Illness Rates


ALBUQUERQUE, N.M., Sept. 21 /PRNewswire/ -- A new study shows that
alcohol may not be the only problem for repeat drunk drivers. More than
half of DUI offenders also suffer from at least one mental illness in
addition to a drug or alcohol-use disorder. The study found almost 60
percent of those with two or more DUI convictions reported experiencing
major depression, bipolar disorder, obsessive-compulsive disorder or
posttraumatic stress disorder over their lifetime.
The study consisted of people convicted of at least two DUI offenses in
the past 10 years, and 40 percent had three or more DUI arrests. The
majority of both men and women reported having at least one psychiatric
disorder, as well as alcohol- or drug-abuse or dependence. Women had higher
rates of depression than men and were more likely to suffer PTSD.
"People who deal with drug and alcohol abusers need to understand there
are often other disorders that need to be dealt with as well," said Sandra
Lapham, M.D., M.P.H., principal investigator of the study. "That's why we
need to screen repeat offenders for multiple disorders. The offender should
be viewed as a unique person with a unique set of issues. If they include
psychiatric problems, these should be treated along with drug and alcohol
issues."
Lapham is director of the PIRE Behavioral Health Research Center of the
Southwest in Albuquerque, New Mexico. She says the data suggests DUI
evaluations by the courts and treatment programs should include psychiatric
screening and assessments.
The study participants were part of a three-year program called Driving
Under the Influence of Intoxicants Intensive Supervision Program (DISP)
developed by Multnomah County Circuit Court in Portland, Oregon. The
volunteer program requires intensive probation, close monitoring and
built-in punishments and rewards, in exchange for reduced jail time.
"The results of this study should encourage the courts to develop a
more comprehensive approach to dealing with the hard-to-treat drinking
driver," says Multnomah County Circuit Court Judge Eric J. Bloch.
"Assessing the mental health of a DUI offender will help us choose the
program that will reduce the chance of a re-offense."
The study published in the September edition of Journal of Studies on
Alcohol was funded by the National Institute on Alcohol Abuse and
Alcoholism.
PIRE, or Pacific Institute for Research and Evaluation, is a national
nonprofit public health research institute, funded mostly by federal
science grants and contracts, with centers in eight U.S. cities. PIRE's
website, http://www.PIRE.org, offers original content about PIRE research
and programs. To stay informed about the latest research on public health
problems, go to http://www.PIRE.org/subscribe to receive monthly updates on
the vital work produced by PIRE.


SOURCE Pacific Institute for Research and Evaluation

--------------------------------------------------------------------------------

Related links:

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Q. What is one of the best possible things you San Diego DUI drivers can do to help to stop San Diego DUI Police from making so many San Diego drunk driving arrests?



The San Diego DUI answer comes from our lucky friends across the ocean.



From the State where drink driving is considered a sport, comes a true
story from Carrick-on-Suir Ireland.



Recently a routine Gardai patrol parked outside a local neighbourhood
tavern. Late in the evening the Garda noticed a man leaving the bar so
intoxicated that he could barely walk.



The man stumbled around the car park for a few minutes, with the Garda
quietly observing.



After what seemed an eternity and trying his keys on five vehicles, the man
managed to find his car which he fell into. He was there for a few minutes
as a number of other patrons left the bar and drove off.



Finally he started the car, switched the wipers on and off (it was a fine
dry night), flicked the indicators on, then off, tooted the horn and then
switched on the lights.



He moved the vehicle forward a few cm, reversed a little and then remained
stationary for a few more minutes as some more vehicles left.



At last he pulled out of the car park and started to drive slowly down the
road.



The Garda, having patiently waited all this time, now started up the patrol
car, put on the flashing lights, promptly pulled the man over and carried
out a Breathalyzer test.



To his amazement theBreathalyzer indicated no evidence of the man having
consumed alcohol at all!



Dumbfounded, the Garda said "I'll have to ask you to accompany me to the
Police station this Breathalyzer equipment must be broken."



"I doubt it," said the man, "tonight I'm the designated decoy".



True story...
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Underage Drinking

College and high school students-and even younger children-drink for numerous reasons: curiosity about alcohol; liking the taste of alcohol; rite of passage; peer pressure; to relieve tension and stress; relax; gain confidence; boredom; or just to get drunk on purpose for the so-called fun of it. According to the 2004 National Survey on Drug Use and Health: National Findings ((Substance Abuse and Mental Health Services Administration [SAMHSA], U.S. Department of Health and Human Services), alcohol is the drug most commonly used by children and adolescents. Up to 81 percent of high school students have tried alcohol at some point in their lives, compared with 70 percent who have smoked cigarettes and 47 percent who have used marijuana.

The minimum legal drinking age (MLDA) is 21in all 50 states and the District of Columbia. But the mean age at which teenagers begin drinking is 15.6 years and each day approximately 7,000 children under the age of 16 take their first drink (SAMHSA). The 2003 National Youth Risk Behavior Survey (Centers for Disease Control and Prevention) reported that 27.8 percent of the adolescents interviewed had their first drink before the age of 13.

Teen Tipplers: America's Underage Drinking Epidemic, a report produced by Columbia University's National Center on Addiction and Substance Abuse (CASA), revealed that nationwide, 40.6 percent of 9th graders, 49.7 percent of 10th graders, 50.9 percent of 11th graders, and 61.7 percent of 12th graders reported current use of alcohol. Children under the age of 21 drink 19.7 percent of the alcohol (mostly beer) consumed in the United States. And college students spend about $5.5 billion each year on alcohol, more than they spend on soft drinks, milk, juice, tea, coffee, and books combined.

The CASA report also stated that the annual costs to society of alcohol use and abuse are estimated conservatively at $184.6 billion. Of that, about 30 percent, or $53 billion, is the result of underage drinking. Early use of alcohol has its effects on young minds and bodies, just as it does on adults. CASA reports that alcohol damages young brains and other organs, interferes with mental and social development, and interrupts academic progress. Alcohol increases the chances of juvenile delinquency and crime, and it is a major factor contributing to the three leading causes of teen death: accidents, homicide, and suicide.

On college campuses, where 44 percent of students binge drink (five or more drinks in a row), alcohol is the number one substance of abuse implicated in date rape, sexual harassment, racial disturbances, drop outs, overdose deaths from alcohol poisoning, and suicides.

In spite of the MLDA of 21, the National Highway Traffic Safety Administration reported in Traffic Safety Facts 2004: Young Drivers, that of the 3,620 drivers between the ages of 15 and 20 who died in vehicle crashes in 2004, 24 percent had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher. The .08 g/dL BAC is the level at which it is illegal to drive in 45 states, the District of Columbia, and Puerto Rico.

How does it start?

Fueled by the reasons described in the first paragraph, underage drinking can start at home, at the home of friends, or at parties, sports events-in other words, in many places where young people gather to socialize. Often, older siblings, friends, or other adults buy the alcohol for them, or they use fake IDs. And, as reported in Reducing Underage Drinking: A Collective Responsibility (National Academies Press), studies of alcohol purchases across the nation reveal that 40 to 90 percent of retail outlets have sold alcohol to underage buyers (depending on the location and environmental context) without asking for identification.

Parental attitudes, also, can influence whether a minor will drink. Some adults excuse underage drinking as a rite of passage and many say that it is acceptable to give alcohol to their children in the privacy of their homes.

What can be done?

Responsibility begins with parents, of course, but schools, community groups, legislators, law enforcement personnel, and even teens themselves, can play a part in educating young people about alcohol and in changing attitudes about drinking. Dozens of resources are available to provide information about the problem of underage drinking and how to deal with, or prevent, it. An example is the COPS Office Problem Oriented Policing Guide on Underage Drinking that provides information on the role of police. The CASA report, referenced above, describes the problem, obstacles to, and strategies for, reducing underage drinking. The Alcohol Epidemiology Program at the University of Minnesota describes specific strategies that police, parents, civic groups, schools and colleges, and faith organization can follow to reduce youth access to alcohol. These and related resources are described in Guides and Reports, Links to Other Resources, and Training and Technical Assistance. [US Dept of Justice http://www.cops.usdoj.gov/Default.asp?Item=1695]

Here is what can be done if a minor needs help?

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Free Evaluation Today*



San Diego DUI / DMV Attorney Rick Mueller specializes in California DUI and
DMV law.



San Diego DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 5 DUI seminars in San Diego County in the last few
years.



San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association.




Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as
California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI
work is also featured in the Association of California Deuce Defenders' materials. San Diego DUI Lawyer Rick Mueller actively defends these cases, and files DMV writs and appeals. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar (#114305).



Get Help Today:



* COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM" href="http://www.sandiegodui.com">http://www.sandiegodui.com/survey.html



Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail


Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/




Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .


San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIlawyer.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/




Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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The San Diego County DUI Law Center provides complete San Diego drunk driving information for those accused of a San Diego DUI.

This worry-free DUI information shows what you really need to know about San Diego court, San Diego DMV, and how to save your license.

Rick Mueller is a Top-Rated San Diego Drunk Driving, DUI & DMV Defense Attorney with over 22 years of experience and dedicates his law practice to aggressively defending those accused of Driving Under the Influence of Alcohol and/or Drugs.



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In what could be the strangest DUI suspect we've seen all summer, RMG News ( http://www.youtube.com/watch?v=ZW-sIry5t2Y ) caught this compelling video which shows that even if you only have one good arm and two prosthetic legs, the LAPD does not play when it comes to drivers who make them chase them for 15 minutes on the freeway.

RMG says, "A man driving a Ford van erratically refused to stop when Los Angeles police officers attempted to pull him over on the eastbound Santa Monica (10) Freeway near Hoover Street. CHP officers picked up the chase on the southbound Harbor (110) Freeway. The chase ended on the eastbound Glenn Anderson (105)Freeway near Atlantic Avenue when the driver, whose name was withheld, pulled onto the shoulder of the freeway."

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com


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Protecting your green card is vital during this period of American history.

The Department of Homeland Security (DHS) is under severe political, and public pressure to strictly enforce any violations of lawful permanent resident status (green card). Violations of the rules may result in the loss of green card status.

Green card holders do not have the same rights as U.S. citizens in criminal legal matters and freedom of residency. In matters involving the law, any felony and some misdemeanor convictions can result in the loss of a green card. Driving under the influence of alcohol and drugs (DUI) could result in removal proceedings in an immigration court (especially if a child is in the vehicle or an injury occurs). Multiple drunk driving arrests, without injuries involved, can also result in removal proceedings by the DHS. Presenting a false identification to a police officer or other public official can also initiate an attempt by the government to take away someone’s green card.

A person who has a green card really cannot afford any problems with law enforcement authorities with the exception of minor, misdemeanor traffic tickets. In this day in age, many people are finding out the hard way, that even past brushes with the law will result in removal proceedings. It is now quite common for people with green cards to be stopped at immigration when returning to the U.S. because of a past arrest or conviction. The US VISIT requirements will soon require all green card holders to be electronically fingerprinted when re-entering the U.S. to check their identification and compare their fingerprints against any previous arrests.

Green card immigrants are also checked for residency in the U.S. It is important to inform the DHS through the immigration service each time you change your place of residency. This is a something that people often forget to do. If you move, you are required to file a form (called AR-11) and send it to the immigration service in London, Kentucky. Presently, the DHS is not attempting to remove people who forget to do this, but this could happen in the future. That is why you should give them your change of address now, before it becomes a major issue.

People who leave the U.S. for more than six months are also subject to increased questioning about their length of departure from the U.S. upon re-entering. Green card holders are required to maintain continuous residence in the country in order to maintain their status as permanent residents.

The question is this. Have they relinquished their residency, or broken their continuous residency by being away from the U.S. for more than six months? If you are away for more than six months, you will need to give the reason that your were gone for such a long time. A family member’s illness or extended schooling would most likely be judged as reasonable reasons by immigration, but you should have some documentary evidence of the facts. If you are out of the country for a year or more, you will automatically lose your green card as a matter of law. A one-year absence from the U.S. is deemed as evidence that you have given up your permanent residence. If this happens, then you would have to start all over. A sponsor would have to file a new petition on your behalf and wait for the required priority dates.

There are some exceptions to this. You would need to go to the U.S. embassy and prove unusual circumstances that kept you from returning to your residency in the U.S. Allowable exceptions are few and the reasons would have to be extraordinary for the embassy to grant an exception and give you entry papers to the U.S. Attempting to enter the U.S. after a one year absence will not be possible unless the embassy allows it.

Students going to school abroad will be allowed to return if they go to the embassy when they start school and receive special permission in advance to study and stay outside the U.S. for more than a year because they are in school.

Attorney Glenn Rose was born in Manila and came to the U.S. when he was six years old. He is a naturalized citizen. His office is located in downtown San Francisco at 580 California St. He is a member of the American Immigration Lawyers Association and American Bar Association. He is experienced in securing green cards for people and is also experienced practicing before immigration courts. His web site is: www.immigrationlawattorney.com


San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.

San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:



Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html



San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html



You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html



http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.



Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.



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For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.



Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122



San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.

San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:



Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



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San Diego DUI Blood Test Defenses
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You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html



http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.



Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.



For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.



For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.



Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122

California to go hands-free in the car
Cellphones

Banning phone use while driving is all the rage these days -- despite evidence suggesting it doesn't help -- and now California's the latest to join the bandwagon. The law, which goes into effect January 1, 2008, requires the use of a hands-free device when chatting behind the wheel, lest some Erik Estrada type pulls you over and slaps you with a $20 fine. Repeat offenders get their fine upped to $50, but apparently has no adverse effect on the driver's insurance premium; we suspect a sizable number of Californians are going to view an occasional $50 chat with a CHiP as more of a price of doing business than a deterrent (but then again, maybe that's the idea). And no, being parked in LA traffic won't count as an exemption.

<
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.

San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:



Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html



San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html



You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html



http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.



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For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.



For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.



Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122

SAN DIEGO - Authorities are seeking drunk driving charges against Steve Foley, the Chargers linebacker who was shot and seriously wounded by an off-duty police officer earlier this month.

Investigators have recommended that prosecutors charge Foley with misdemeanor DUI, the San Diego County District Attorney's office confirmed Wednesday. Charges have not been filed.

Foley's blood alcohol level was not disclosed, but the San Diego County Sheriff's Department said it exceeded the legal limit.

Foley was shot three times - twice in the back of the left leg and once on the outside of the left thigh - by an off-duty Coronado police officer Sept. 3 near his home. Sheriff's officials said the officer followed Foley's car on suspicion that the driver was drunk.

Foley got out of the car and began walking toward the officer, who said he was armed and fired a warning shot, according to a sheriff's department report. The officer shot Foley after the linebacker reached into his pants with his right hand.

The officer, Aaron Mansker, has been placed on paid administrative leave. Foley was hospitalized in fair condition and will miss the season.

His agent, David Levine, did not immediately return a phone message Wednesday.

The shooting was Foley's second run-in with authorities in 4 1/2 months. He was arrested April 21 for investigation of resisting arrest after police said he scuffled with officers. He also was booked for investigation of battery on a police officer and public drunkenness.

The district attorney's office decided there wasn't enough evidence to charge him in that case.


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SAN DIEGO – A San Bernardino County man was under arrest Tuesday on suspicion of crashing an SUV while drunk on Interstate 5 near Oceanside, leaving an 18-year-old passenger dead and injuring two others.
Greg Maynard, 30, remained hospitalized Tuesday afternoon with injuries he suffered in Monday night's crash, which killed fellow Rancho Cucamonga resident Mary Lu Vasquez.

Maynard allegedly was speeding to the north about 9 p.m. when he lost control of the 2001 Lincoln Navigator he was driving just south of Basilone Road, according to the California Highway Patrol.
The vehicle swerved to the right off the roadway and overturned on an embankment, rolling over several times and ejecting Maynard and Vasquez, CHP public affairs Officer Tom Kerns said. Vasquez died at the scene.

Two other 18-year-old passengers, Lisa Moreno of Pomona and John Zarragoazon of Rancho Cucamonga, suffered serious injuries.

Medics took them to a Mission Viejo hospital along with Maynard, who was admitted and later arrested on suspicion of felony drunken driving and vehicular manslaughter.

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VISTA – A 25-year-old San Diego man who was drunk when his car crashed into a disabled vehicle on Interstate 5 in Encinitas, killing two Camp Pendleton Marines, was sentenced Monday to four years in state prison.

Jason Carl Gollmer pleaded guilty in July to two counts of gross vehicular manslaughter while intoxicated.


Witnesses said Gollmer was speeding and driving erratically when his car crashed into a Volvo containing Douglas Hunter and Justin Trevenicek in the fast lane of the freeway near Encinitas Boulevard last Dec. 3.
The Marines were ejected from the car, which was split in half by the force of the collision. Both men died at the scene.

Deputy District Attorney Natalie Villaflor said the defendant had attended a work party that night and then went to a Gaslamp District Bar.

Gollmer had a .21 blood-alcohol level when tested after the crash, nearly three times the legal limit, Villaflor said.

Travenicek's mother, Beverly Ives, told Vista Superior Court Judge Joan Weber that he was “our hero” who served his country and volunteered in Mexico and with handicapped children.

Trevenicek, who joined the Marines with Hunter and was celebrating his friend's birthday that night, had recently returned from a tour of duty in Iraq.

The judge noted that Gollmer – who spent the hearing with his head bowed and frequently dabbed at his eyes with a handkerchief – was remorseful, wanted to accept culpability early and had no previous criminal record.

The defendant was “a young man who made a tragic and criminal mistake” but had – up to that time – “lived an exemplary life,” the judge said.

Gollmer could have been sentenced to as much as 10 years behind bars.

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SAN DIEGO -- A high-speed chase involving an on-duty Coronado police officer ended with the suspect being stunned by two Taser guns.

Coronado police said William Warner refused to pull over when an officer attempted to stop the Jeep at the intersection of Fifth Street and Orange Avenue.


Police said the Jeep was clocked as fast as 90 mph as they chased it from Coronado to La Mesa. A spike strip deflated the two front tires of Warner’s jeep, and Warner eventually exited the vehicle, police said.

"However, he would not follow any commands by any officers," said Coronado Police Cmdr. Laszlo Waczek. "He was failing to get down on the ground or do any of commands, and, subsequently, Coronado police as well as El Cajon police deployed a non-lethal Taser.”

Fifty-thousand volts to Warner's chest and lip caused him to fall and hit his head, police said.

"He had two bottles of alcohol in his vehicle and on his breath, so obviously we're treating this as DUI and failure to yield to police," Waczek said.

The chase involved an on-duty officer with a supervisor following.

Last weekend, Chargers linebacker Steve Foley was shot and wounded by an off-duty Coronado police officer who suspected the athlete of driving under the influence and followed Foley to Poway.

Coronado police were reluctant to discuss how the Foley case may have influenced its officer in this incident.

"I really can't comment about last week, I appreciate no more questions about last week," Waczek said.

Warner was brought down without police using lethal force.

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'Drunkenness' Changing, Study Finds

OAKLAND, Calif., Sept. 5 -- Tipsy. Legless. Or downright drunk. All of these terms can be used to describe that all too familiar moment when people begin to feel sick, dizzy or "out of control" after drinking.

Yet the definition of drunkenness appears to be changing in the United States, according to a study published on behalf of the Society for the Study of Addiction in its October edition of the scientific journal Addiction.

Produced by researchers at the Public Health Institute's Alcohol Research Group, the study tracked over time the number of drinks Americans said they need to feel drunk.

What they found when they interviewed roughly 3,800 male and female drinkers in 1979, 1995 and 2000 was "a clear and statistically significant reduction" in self-reported tolerance levels.

That's because in 1979, the men interviewed claimed to be able to drink almost 10 drinks before starting to feel drunk. In 1995 that number dropped to 7.5 drinks. Five years later, the figure dropped again to almost seven.

During the same time period, accounts of female drinkers reflected a similar downward trend. In 1979, women said they needed almost six drinks to feel drunk. Sixteen years later, that number dropped to almost five. And in 2000, females said they could only drink about four before starting to feel tipsy.

The results reflect a significant change in American attitudes about intoxication, write the study's co-authors William Kerr, Thomas Greenfield and Lorraine Midanik.

"Back then, it wasn't until you couldn't physically control yourself that you were considered drunk," Kerr said, citing a report from the 1950s, when researcher L.A. Greenberg defined drunkenness as having a Blood Alcohol Concentration of 0.15 percent.

Scientists attribute this declining trend to several factors. First, more stringent driving limits for Blood Alcohol Concentration and increased penalties for drunk driving accounted for about 16 percent of the change from 1997 to 2000, according to the report. "This shows that driving policies can have effects beyond simple deterrence," said Kerr. Higher educational attainment levels also have affected people's perceptions of drunkenness, according to the study's authors, who write that "Having less education, particularly not graduating high school, is seen to be associated with reporting more drinks to feel drunk."

Although more information is needed about the connection between cultural attitudes about drunkenness and actual per capita consumption, this study has furthered scientific discussion, said Michael Hilton, Associate Director Division of Epidemiology & Prevention Research at the National Institute for Alcohol Abuse and Alcoholism, which funded the research.

In the future, establishing an even stronger correlation between two could have wide-reaching implications, said Hilton.

"If you know how attitudinal changes are linked to actual consumption changes, then you might conceivably be able to target consumption better," he said. "It could potentially give you a lever for knowledge useful in prevention."

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Sudan man forced to 'marry' goat

A Sudanese man has been forced to take a goat as his "wife", after he was caught having sex with the animal.

The goat's owner, Mr Alifi, said he surprised the man with his goat and took him to a council of elders.

They ordered the man, Mr Tombe, to pay a dowry of 15,000 Sudanese dinars ($50) to Mr Alifi.

"We have given him the goat, and as far as we know they are still together," Mr Alifi said.

Mr Alifi, Hai Malakal in Upper Nile State, told the Juba Post newspaper that he heard a loud noise around midnight on 13 February and immediately rushed outside to find Mr Tombe with his goat.

"When I asked him: 'What are you doing there?', he fell off the back of the goat, so I captured and tied him up".

Mr Alifi then called elders to decide how to deal with the case.

"They said I should not take him to the police, but rather let him pay a dowry for my goat because he used it as his wife," Mr Alifi told the newspaper.



Nude coach suspended

The Lions suspended defensive line coach Joe Cullen for Sunday's game against the Seahawks. Cullen was arrested twice in the last two weeks. He was charged with indecent conduct after he entered a restaurant drive-thru and placed an order in the nude. A week later, he was charged with drunk driving. The Detroit Free Press reports that Cullen will continue to serve as the defensive line coach after he serves his suspension.

I'd like an order of naked ribs, please







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SAN DIEGO Drunk driving news -- The woman who was with a San Diego Charger the night he was shot by an off-duty officer was in court Thursday.

Lisa Maree Gaut is accused of using a car as a deadly weapon when Steve Foley was shot in the early morning hours of Sept. 3. Attorney Raymond Vecchio said his client's story is very different from the one being told by off-duty officer Aaron Mansker, who shot Foley three times.

Vecchio claims that Gaut actions were heroic, not criminal.

"I believe she acted heroically, because after she observed Mr. Foley being shot, the only reason she moved the vehicle was to pick him up and move him to safety," Vecchio told NBC 7/39.

Gaut pleaded not guilty to DUI and assault-with-a-deadly-weapon charges in San Diego court.

"She is scared to death, because she knows these are all trumped-up charges," Vecchio said.

According to police, Gaut tried to use Foley's car as a deadly weapon, quickly driving toward Mansker after the officer tried repeatedly to pull them over. Both Foley and Masker were out of their cars when the shooting occurred.

In Gaut's defense, Vecchio said that the high-speed revving of the engine reported by the officer and witnesses was caused by her inability to get Foley's car into gear.

"She coasted, she claimed, down the hill at a very slow speed," said Vecchio. "Never did she put the officer in any jeopardy."

Addressing another key point in the case, Vecchio said that neither Gaut nor Foley understood that they were dealing with a police officer, so he maintains that the assault against an officer charge must be dropped.

"Foley got out his car to finally ascertain who this was who was following him," said Vecchio. "It could have been a carjacker, it could have been an over-exuberant fan he did not know -- she did not know."

Prosecutors argued to raise Gaut's bail because of an outstanding warrant for her arrest in Northern California for driving a stolen car. The judge agreed and almost doubled the bond amount. It now stands at $35,000.

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September 7, 2006

Detroit Lions: Assistant arrested for driving nude

Lions defensive line coach Joe Cullen was arrested twice in the last two weeks. First, he was charged with drunk driving. Then, in a separate incident, he was charged with indecent and obscene conduct when police found him driving nude, according to Thursday's Detroit Free Press. Cullen was on the practice field with the team on Wednesday.

Since when is it a crime to drive nude?

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Los Angeles
September 7, 2006

Paris Hilton was arrested in Hollywood early on Thursday for suspected drunk driving, but she said the incident had been blown out of proportion and that she may have been speeding to get a late-night burger.

Hilton, 25, the heiress to the Hilton hotel dynasty known for her hard-partying lifestyle, was pulled over by police in Hollywood around 1 a.m. for driving erratically.

She told KIIS-FM radio in an interview on Thursday morning that she had been to a charity fund-raiser party after a long day shooting a music video and had just one margarita.

"I had one margarita (and) was starving because I had not eaten all day," she said. "Maybe I was speeding a little bit and I got pulled over. I was just really hungry and I wanted to have an In-N-Out Burger."

The star of reality show "The Simple Life," who had a surprise summer hit with her first pop single "Stars are Blind," said that as usual there were a lot of photographers around.

"I think they (the police) wanted to make a statement. They even said 'there are a lot of people watching. We don't want them to think we are giving you special treatment'," Hilton said.

Police said Hilton failed a sobriety test but she has not been charged with any offense. That decision will be made by the Los Angles County District Attorney in the next few days.

Hilton's publicist Elliot Mintz, who picked up his client from the police station, said Hilton was affected more than usual by the one drink she had because it was "one drink on an empty stomach after a full day's work."

"It's the absolute minimum amount of alcohol in your system that would justify an arrest," he told reporters.

The incident made national headlines on Thursday.

"Everything I do is blown out of proportion," said Hilton, not known for shying away from publicity. "It really hurts my feelings."

Mintz said Kimberly Stewart, the daughter of rocker Rod Stewart, was in Hilton's Mercedes-Benz SLR McLaren when she was pulled over.

Hilton shot to fame for an amateur sex video that showed up on the Internet in 2003. Her party-going and complex love life have ensured that she has rarely been off the celebrity radar since.

Earlier this year, a judge ordered Hilton to stay away from a Los Angeles party planner who accused her of bombarding him with angry phone calls, shoving him and threatening his life.



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It is tough representing DWI drivers in Texas. There are now over 100 people in Texas prisons doing 99 years or life for DWI -- regular DWI, without any dead or seriously hurt bodies. The DWI Dude is a tough attorney.


Texas cornerback Tarell Brown, who was arrested and charged early Monday with misdemeanor drug and weapon charges, has been suspended for the No. 2 Longhorns' game this Saturday against top-ranked Ohio State, coach Mack Brown announced Tuesday.

Tyrell Gatewood, a backup junior linebacker and special teams player who was also charged with misdemeanor marijuana possession, will not play either, Brown said.

"I'm just trying to get through Saturday," Brown said. "As a head coach, No. 1 you have to look at the legal system and cooperate with the authorities completely. No. 2, you must go through the university because that's who we work for. No. 3, you are concerned about distractions for your football team. We want to move forward because it's No. 1 playing No. 2 and it's such an exciting game for all of us.

"No. 4, you care about the three young men involved and their families. We will try to help the families individually and move forward with our team for the ballgame on Saturday."

Brown did not say if the suspensions would extend beyond Saturday's game.

"We've got good players and good coaches and we will be ready to play," he said.

Also Tuesday, the lawyer representing the suspended players alleged Travis County deputies unnecessarily used Tasers on his clients. Lawyer Jamie Balagia said he wants a videotape of the arrest made public.

"They were both unnecessarily tasered," Balagia said in a story posted Tuesday on the Austin American-Statesman's Web site. "If a tape is there, let them release it to the media."

Travis County Sheriff's spokesman Roger Wade declined comment on the case.

"We don't respond until we get to court," Wade said.

The loss of Brown, a senior and Texas' top cover corner, represents a huge blow to a defensive unit considered the Longhorns' strength this season. Brown was likely to draw the assignment of covering Buckeye wide receiver Ted Ginn Jr., one of Ohio State's top playmakers.

The Longhorns could start junior Brandon Foster or sophomore Ryan Palmer. Foster has played in 22 games and Palmer in 10 last season. Neither has been a starter.

Brown was charged with unlawfully carrying a weapon, a loaded 9 mm handgun, a Class A misdemeanor, and possession of under 2 ounces of marijuana, a Class B misdemeanor.

Gatewood and former Texas linebacker Aaron Harris were charged with the same drug misdemeanor.

The attorney for Brown and Gatewood said Monday that Gatewood legally purchased the gun earlier this year and that neither of them smoked the marijuana found in the car.

The gun charge carries a maximum penalty of one year in jail and a $4,000 fine. The drug charge carries a maximum of 180 days in a jail and a $2,000 fine.

Brown and Gatewood were released on personal recognizance bond Monday afternoon and Harris was released later in the day.

According to the arrest affidavit filed by Travis County deputies, the three were in a car Harris was driving on Interstate 35 about 2:50 a.m. A deputy pulled the group over after watching the car weave erratically and nearly strike another car.

According to the report, Harris got out of the car when pulled over and Brown and Gatewood were asleep. Harris passed a field sobriety test but told the deputy he had been smoking marijuana and there was "some" in the car.

When deputies approached the vehicle they saw Brown, who was sitting in the back seat asleep, with his hand on a gun in his lap.

Under state law, a person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

The officers also reported finding a marijuana "blunt" under the front seat and charged all three with possession. Only Brown was charged with a weapons violation.

Balagia said Gatewood bought the gun at a store and left it in the car after going to a shooting range a couple weeks earlier.

Balagia said Brown picked up the gun only after it slid out from under the front seat and intended to bring it inside when the players got home.

"It was in his lap but he was not intentionally violating the law," Balagia said. "Tarell does nothing to suggest he's doing anything illegal or intentionally violating the law. I think what we have is a misunderstanding."

Balagia also said Brown and Gatewood underwent urine tests at school Monday to prove they didn't smoke the marijuana.



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San Diego DUI News -

San Diego Chargers' Steve Foley's season is over before it even began. Following a truly bizarre incident that resulted in the eight-year veteran being shot three times by an off-duty police officer, the Chargers promptly ended Foley's season on Monday by placing him on the non-football injury list. Because his injury wasn't related to football, the Chargers don't have to pay his salary for the 2006 season.

By placing Foley on the non-football injury list, the Chargers don't have to pay his $1.65 million salary this season, which consists of a $775,000 base and an $875,000 roster bonus. Players put on the non-football injury list normally don't collect their salary because the injury isn't related to the football field.

Foley was considered a team leader and one of the biggest impact players in the Chargers' 3-4 defense. He signed with San Diego in 2004 and started 29 games with the team. He had 14 sacks over the last two seasons.

Chargers general manager, A.J. Smith told the ESPN.com the Chargers had to make the best decision for their team, but Foley's health is their biggest concern at this point.

"It's a personal matter," Smith said. "This is a personal matter for Steve Foley, his family and his attorney. They are handling the matter. They are the first ones who deal with us."

"I can't reveal all of that information except that I had enough information that I had to make a football decision," Smith told AP. "I had to ask, 'What's the timetable?' We felt in the best interest of him and the team, that he would be out of action for the year.

"Obviously this is a big blow," Smith continued. "It's a tragedy in itself, as far as the player is concerned. And it's a blow to our football team."

Foley was in stable condition on Monday following the shooting and the wounds to his shoulder, chest and leg aren't considered to be life threatening.

Early Sunday morning, Foley was shot at least three times by an off-duty policeman. Foley was shot near his suburban home at around four o'clock in the morning on Sunday after the officer chased him for several miles when he suspected the car was being driven by a drunk driver.

Foley's agent, David Levine, said that Foley was shot three times and had surgery for wounds to his leg, arm and chest.

At about 3:30 a.m., an off-duty police officer began following a suspected drunk driver around northbound Highway 163 and Highway 52.

The officer claimed the vehicle was weaving in and out of traffic, reaching speeds of 90 mph. According to the policeman, the vehicle nearly hit several other cars on the road.

Foley's car stopped three different times while the officer pursued them. Lisa Maree Gaut was identified as a passenger in the car. The officer said that she yelled out the window during one of the car's stops.

When Foley reached a cul-de-sac in Poway, which is the neighborhood where he lives, he got out of the car and began walking toward the officer's car. As Foley advanced toward the police car, Gaut got behind the wheel of the car and followed Foley along his side. The officer identified himself and fired a warning shot into some nearby bushes.

Upon hearing the shots, Gaut revved the engine and drove directly at the officer, who had exited the car at that point. The officer fired two shots at the car. The car did not strike the officer.

Foley continued to walk toward the officer and then reached into his pants with his right hand. That's when the officer fired and hit Foley. Foley acknowledged he had been shot, but he continued to come at the officer, and the officer fired and hit him again, sending him to the ground.

Foley was taken to a local hospital while the female passenger was taken to the Poway sheriff's station for questioning.

No charges have been filed against Foley, as of yet. It is still unclear whether Foley was armed.

Gaut, 25, was brought into the Las Colinas Detention Facility on suspicion of DUI and assault with a deadly weapon. Bail was set at $17,500.

This is the second time in four and a half months that Foley has had a run-in with the law. He was arrested April 21 on charges of resisting arrest following a scuffle with police. He was booked on charges of battery on a police officer and public drunkenness.

Foley played college football for Northeast Louisiana from 1994-97. He has played eight NFL seasons for the Cincinnati, Houston and San Diego. He signed with the Chargers in 2004. That year he had the best season of his career: 64 tackles, 10 sacks, two interceptions and five forced fumbles.




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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUILawyer.com


San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .


San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIlawyer.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

MADD against lowering DUI level
Anti-drunk driving group opposes reducing blood alcohol limit

SAN BERNARDINO “ A public advocacy group wants tougher laws for drinking and driving.

But even Mothers Against Drunk Driving “ long known for its efforts to keep boozy drivers off the road – said the proposal could do more harm than good.

The Pacific Institute for Research and Evaluation has proposed lowering the legal blood-alcohol limit from .08 percent - the current standard to .05 percent.

The change, the group said, would save lives on the road.

But Mothers Against Drunk Driving is opposed, fearing a backlash could erode legal gains.

"Do you know how hard it was to get it from .10 down to .08?" said Virginia Gautier, executive director of MADD's San Bernardino County chapter.. "We're trying to keep what we have, and that is a battle in itself."

The .08 percent limit has been established nationwide, but some states are pushing for a return to the 0.10 figure. According to MADD, law enforcement and most of the public supports the .08 percent figure.




Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone.
http://www.sandiegoduilawyer.com/




Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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Partial List of San Diego DUI / DMV Victories &
Drivers' Licenses Saved In Past Few Years

Name BAC% Type of Test/Other

Adams .14 Breath/Military Gate + Prior
Adams Neg Blood + Refusal
Arana .03 Breath - Under 21/Speeding
Archer .08 Breath/Erratic, weaving
Arcia .14 Breath/Accident
Arredondo .21 Blood/Weaving
Atkinson .30 Blood/Accident + child in car
Babak .20 Blood/Refusal + Prior
Babauta .08/.09 Breath
Badway .10 Breath/Accident
Bafi .16 Breath/Improper U-turn
Bak .13 Blood/Driving without headlights
Balmer .08/.07 Breath/California roll+ Prior
Beckel .07 Blood/Ran Red Light
Beglinger .08/.07 Breath/Ran out of gas
Bohs .22 Breath/Weaving per citizen
Boughner .10/.06 Blood + Breath/Speeding
Boud .06 Breath - Under 21/Accident
Boud .06 Breath - Under 21/Accident
Brady .13 Blood + Prior
Brooks .13/.14 Breath/Drive on Center Median
Burns .14 Blood/Speeding
Cameron .27 Blood
Camper .08/.07 Breath
Carrillo .05/.06 Breath + Under 21/US Border
Cheney .19/.17 Breath-Mouth Alcohol/Weaving
Cherico .14/.15 Breath + Blood/Accident
Chipman neg op Accident
Choitner .11/.11 Breath/Speeding - stop others
Cotton neg op Speeding/illegal movement
Coulthard .22 Breath/Weave/No signal/Speed
Cox .08/.07 Breath/Blood
Diehl .18 Breath/Accident
Dimeff .11/.10 Breath - GERD/Speed/Weaving
Downing Drugs Blood/Weaving
Dufau .20 Blood + Under 21/Accident
Choitner .11/.11 Breath/Speeding - stop others
Coulthard .22 Breath/Weave/No signal/Speed
Diehl .18 Breath/Accident
Dolan .22 Blood/Speed/Straddle + Prior
Dufau .20 Blood + Under 21/Accident
Eaves .12/.13 Breath/Weaving
Edmett .15/.16 Breath/Failure to stop
Elmashini .11 Breath/Blood - 90/30 mph zone
Erbschloe .17 Blood/Accident + Hit & Run
Ericson Drugs Blood/Breath + Hit & Run
Even .23 Blood/Erratic per citizen
Ezzati .17/.18 Breath/Accident
Fall .23 Blood/Accident
Frederick .10 Breath/Obstructed lic. plate
Gallaher .04 Breath/50/20 mph zone + Under 21
Greer .08/.09 Breath/Blood/Speeding
Guiterrez .15/.17 Breath/No headlights
Gundersen .13 Breath/Not Stop @ stop sign
Gunion .17 Blood/Breath/Ignition running
#1 lane + Under 21 years old
Hall .09 Breath/No front license plate
Hammett .07/.08 Breath
Harpell .19 Blood/Weaving
Harris .15/.16 Breath/Failed to go on green
Hauck .11 Blood/Speeding + Prior
Hawkins .09/.10 Blood/Breath + Under 21 years
Hawkins .28 Blood/Drunk per citizen
Heinonen .10 Blood/Headlight not on
Hernandez .17 Blood/Blocking roadway+ Prior
Heitman .05/.06 Breath + Under 21 years old
Hughes .03 Breath + Under 21/No Seatbelt
Hunt .19 Blood/DUI Checkpoint
Iburg .08 Breath/Impede Right of Way
Jackson .15 Breath/Refusal
Johnson .15 Breath + Under 21 years old
Johnston .14/.15 Breath/Accident
Kelley .06 Breath/Under 21
Kennedy .15 Blood/Weaving
Kohrig .16 Breath
Kowalski .08 Breath
Kuma .17 Blood + Accident
Ledyarb .16 Breath/Under 21
Lewis .11.12 Breath/On side of highway
Lind .17 Blood/Fail to use turn signal
Logsdon .40 Blood/Accident + Hit & Run
Lorber Refusal Refusal + Prior
Lowe .15 Blood/Wide turns
Martineau .25 Blood/Speeding + Straddling
McCalley .13 Breath/Weaving
McCarthy .09/.10 Breath/Drove to Military gate
McMahon .11 Blood/Speeding
Mejia .15 Blood/Broken Tail Lamp
Michael .09 Breath/Weaving
Montoya .15 Blood/Weaving
Murphy .13 Blood/Weaving
Pardoen .04 Breath/No stop + Under 21
Parish .05 Breath/Accident
Patton .15 Blood/Urinating in Public
Philip .11 Breath
Porter .06 Breath + Under 21
Proctor .08/.09 Breath/El Centro Bureau of
Land Management + Prior
Quintero .08/.06 Breath/Speeding + Under 21
Raeihle .09 Breath/Failure to stop @ sign
Ramirez .10 Breath/Stopped by MP at Gate
Reinicke .11 Blood/Wrong way-near hit cop
Rinard .08/.07 Breath
Roberts .20 Blood
Robeiro .09 Breath + Accident
Rudden .19 Blood/Speeding
Sadiarin .15 Blood/Passing thru Cal Trans
Scales .18 Breath + Accident
Schaefer .04/.03 Breath/Speeding + Under 21
Schmidt .16 Breath/Red Light/Speed+ Prior
Schulte Drug Blood/Accident
Schwartz .12 Blood/Weaving
Serrano .11 Breath/Officer Miller
Servis .05/.06 Breath/U.S. Border Stop
Shoemaker .09/.10 Breath
S Shirey .08 Blood/Speeding
Shook .09/.10 Breath/Driving-no headlights
Shubert .08/.06 Breath
Snyder .05 Blood/Drugs
Spindler .06/.08 Blood/Breath
Sticka .16 Breath/Tailgating
Sukhinin .09 Blood/Unauthorized BL. Drawer
Tangeman .11 Blood
Taylor .16 Breath/No front license plate
Tchernycheva skills Rear-end accident
Thomas .16 Blood/Unauthorized BL. Drawer
Thompson .08/.06 Breath
Thurm .11 Breath/Weaving + Speeding
Vera Cruz .17 Blood/Weaving side to side
Wait .021 Breath/Under 21-no headlights
Watts skills Improper turning
Weaver .09/.07 Breath
Weber .18 Blood/Accident
Whitcomb .26/.27 Breath/Accident + Prior
White .09 Blood/Accident
Whiteman .08 Blood/Accident
Williams .22 Blood/Tinted Windows
Yeargin .09 Breath
Zuckerman .08 Breath/Accident



DMV Orders of Set Aside (of each DMV suspension action) are public records, available
upon request. Above are all DMV victories resulting in saving driver license or privileges
- avoiding DMV APS suspensions ranging from 4 months to 1 or 2 years.

Every case Mr. Mueller defends is different with respect to the facts, strategy and/or tactic. The victories listed were dependent on the facts of the particular cases. The results will differ if based on different facts. The victories do not in themselves constitute or guarantee a prediction in your DMV or DUI outcome. Of course, your likelihood of prevailing significantly increases if you hire a DUI Specialist.

http://www.sandiegodui.com

http://www.sandiegoduihelp.com

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September 4, 2006

Summary: Chargers linebacker Steve Foley underwent surgery for gunshot wounds yesterday after being shot by an off-duty police officer outside his Poway home.

San Diego Chargers Update: Chargers placed LB Steve Foley on the non-football injury list, ending his season.

Team impact: The Chargers can now avoid paying Foley the $1.655 million he was owed in 2006. It's a huge loss for a rugged Chargers linebacker group. Shaun Phillips will likely take his place in the starting lineup.

SAN DIEGO DUI news - Chargers linebacker Steve Foley was recovering after being shot near his upscale suburban house by an off-duty police officer following the player's second run-in with law enforcement in 4 1/2 months.

Foley was shot three times and had surgery for wounds to his leg, arm and chest.

"He's out of danger at this point," his agent Levine said.

Coach Marty Schottenheimer said the wounds were not life-threatening.

"All we're worried about is that he's OK," Schottenheimer said.

The 3:41 a.m. shooting occurred after the Coronado officer followed Foley's car for about 10 miles, according to the San Diego County Sheriff's Department. The officer suspected a drunken driver when he spotted Foley's vehicle weaving in and out of lanes of northbound traffic on state Route 163, nearly colliding with several other cars, investigators said.

Foley, 30, was shot standing near his car, said sheriff's homicide Lt. Dennis Brugos. He more than once had refused the officer's order to pull over, Brugos said.

The officer, whose name was not released, was driving an unmarked car and was not in uniform. The officer told investigators he fired his weapon several times at Foley after the athlete stepped out of his vehicle on the quiet, upscale cul-de-sac of Travertine Court, and reached into his pants.

It was not clear whether Foley was armed, Brugos said.

Chargers coach Marty Schottenheimer said Foley's injuries were not life-threatening. Schottenheimer said he did not know whether Foley would miss any time on the playing field as a result.

“The only thing we're thinking about is to make sure he is well,” Schottenheimer said. “Beyond that, it's not appropriate in my view to comment.”

On Saturday evening, hours before the incident, Foley had attended the Chargers' rookie dinner, where new players treat veterans to a lavish meal.

Police said Foley was taken to Sharp Memorial Hospital. A city of San Diego dispatcher confirmed an ambulance sent to Travertine Court at 3:47 a.m. took a patient to Sharp Memorial Hospital in Kearny Mesa. Foley underwent surgery about noon.

It is unknown whether any charges will be filed against Foley. His female companion, Lisa Maree Gaut, 25, was booked into Las Colinas jail yesterday afternoon on suspicion of assault with a deadly weapon and driving under the influence of drugs or alcohol, according to the Sheriff's Department. A court hearing for Gaut is set for Thursday afternoon in El Cajon.

Foley signed with the Chargers as a free agent before the 2004 season, starting 13 games last season and missing three games with an abdominal injury. He tied for third on the team with 4½ sacks. Quentin Jammer says he's a leader.

Homicide detectives have taken over the investigation, because the shooting involves a police officer. The officer is on administrative leave, according to the Sheriff's Department, a standard procedure in such shootings.

The Coronado Police Department referred questions to the Sheriff's Department.

Foley has had previous run-ins with law enforcement. Last week, the San Diego County District Attorney's Office said it would not pursue charges against Foley for an incident in April. He was accused of resisting arrest, battery on a police officer and being drunk in public after an altercation on a University City street about 1:30 a.m. April 21.

After several incidents in Cincinnati in 1999 and 2000, where he played for the Bengals, Foley was enrolled in an NFL alcohol program.

According to the initial report from the Sheriff's Department, yesterday's incident started about 3:30 a.m. when the Coronado officer said he noticed Foley's car weaving on state Route 163 near state Route 52, traveling at speeds ranging from 30 mph to 90 mph.

The officer followed Foley's car as it exited Interstate 15 at Pomerado Road, the report said. Officials said the officer radioed other law enforcement agencies about his actions. When Foley stopped at a red light, the officer said he pulled his car alongside Foley's, identified himself as a police officer, and ordered him to pull over. Foley continued driving, investigators said.

After a short distance, Foley's car stopped again. Foley got out of the vehicle and approached the officer, who had stopped his vehicle behind Foley's. The officer identified himself again and pulled out his handgun, according to the report.

Foley kept approaching and said, “that's a BB gun,” the officer told investigators.

Foley then walked back to his car and drove away. Foley stopped again at the corner of Treadwell Drive and Travertine Court, near his house. The officer backed up his car and then stepped out at the end of the cul-de-sac, according to the report. Foley, who is 6-foot-4 and weighs 265 pounds, walked toward him with his female companion, Gaut, now at the wheel of Foley's customized Oldsmobile Cutlass.

The officer repeated that he was a police officer, and that the gun was real, according to the report. The officer then fired into some bushes as a warning. Gaut then drove the car quickly in the officer's direction, prompting him to fire two times at the vehicle, the report said. That's when Foley reached into his pants with his right hand, investigators said, and continued to approach the officer. The officer fired his gun.

“The suspect acknowledged that he had been shot, but continued toward the officer,” the sheriff's report said.

The officer fired again, the report said, and Foley fell to the ground.

The law sometimes allows off-duty police officers to make arrests when they witness suspected misdemeanor crimes, including drunken driving.

If a person resists arrest, (the officer) has no duty to retreat, if they use deadly force against him, he has the right to defend himself. The San Diego Police Department's review board should scrutinize this as part of its investigation into police shootings and misconduct accusations.

What may become an issue in this case is how the Coronado officer identified himself and whether Foley believed he was legitimate.

There's an (identification) question going on there. Usually if someone has a badge and a gun and displays it in a clear manner, people don't think they're having a BB gun. The question is whether a badge was displayed. And when it was displayed, was it displayed in a manner that could be seen.



San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html

San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html

You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html

San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html

San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html

Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html

Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html

Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html

List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html

What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html

San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html

San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html

San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html

You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html

San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html

San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html

Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html

Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html

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September 2, 2006

SAN DIEGO – A 17-year-old boy was arrested Saturday on suspicion of drunken driving after the car he was driving rammed an electrical power box, knocking out power for a few blocks in the area, police said.


The teenager was speeding a 2001 Honda Accord northbound on Westview Parkway near Galvin Avenue when he lost control of the car, around 5:30 a.m., and hit the curb before crashing into an electrical power box, said San Diego police Sgt. Rich Nemetz.

Electrical service was knocked out for a few blocks in the area. The car ended up on a 3-foot embankment, Nemetz said.
The driver and his 17-year-old passenger were under the influence of an alcoholic beverage, police said. The passenger complained of pain after the accident and sought his own medical treatment after a guardian took custody of him.

The 17-year-old motorist was taken by medics for treatment of an eye and head injury, Nemetz said.



No traffic deaths were reported on San Diego County highways during the first 12 hours of the Labor Day holiday period, compared with one death during the same period last year, 10News reported.

California Highway Patrol officers arrested 30 motorists suspected of DUI, compared with 35 during the same period last year, CHP information Officer Jim Bettencourt said.

Statewide there were 505 DUI arrests, compared with 400 last year, Bettencourt said.

No one died in traffic-related crashes statewide during the first 12 hours, compared with seven in 2005, Bettencourt said.

As with all holidays, the CHP declared a maximum enforcement period for highways and unincorporated areas.

<* COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM" href="http://www.sandiegodui.com">http://www.sandiegodui.com/survey.html



San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html



San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html



You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html


Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html



San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html



You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html


http://www.sandiegodui.com

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http://www.sandiegodui.com/survey.html

Drugged Driving: Michigan Supreme Court Upholds State DUID Law -- Now You Don't Even Have to Be High to Get Busted

If you smoke a joint Friday night and drive to work bright-eyed and bushy-tailed Monday morning in Michigan, you can be arrested, charged, and convicted as a drugged driver because inactive chemical traces of THC, or metabolites, remain in your bloodstream. The Michigan Supreme Court ruled Wednesday that motorists can be convicted of Driving Under the Influence of Drugs (DUID) even if they are not under the influence of drugs. According to the Supreme Court opinion in the consolidated cases Derror v. Michigan and Kurts v. Michigan authored by Justice Maura Corrigan, actual innocence of driving while impaired is "irrelevant. "

In both cases, authorities charged the defendants under the Michigan DUID law based on the presence of cannabis metabolites, an inert byproduct of the body's breakdown of THC, in their blood. The presence of metabolites does not indicate impairment or being "under the influence"; it only indicates that someone ingested THC at some time in the past, as the state Supreme Court acknowledged in its ruling. Both trial courts held that the metabolite was not "marijuana" and thus not a controlled substance under state law, a position upheld on appeal.



But a majority on the Supreme Court disagreed. Neither the DUID nor the controlled substances law "requires that a substance have pharmacological properties to constitute a schedule I controlled substance," the majority held. Neither does the DUID law "require that a defendant be impaired while driving. Rather, it punishes for the operation of a motor vehicle with any amount of schedule I controlled substance in the body."

Then, breathtakingly, Justice Corrigan wrote, "It is irrelevant that a person who is no longer 'under the influence' of marijuana could be prosecuted under the statute. If the Legislature had intended to prosecute only people who were under the influence while driving, it could have written the statute accordingly. "

Now, any Michigan driver who has smoked marijuana in the last few days or, in the case of heavier smokers, up to three or four weeks, is subject to a DUID arrest based on the presence of inert leftover metabolites that do not actually indicate impairment. In a harsh dissent, Justice Michael Cavanaugh warned the court it would criminalize a huge class of people.

"Today's holding now makes criminals out of numerous Michigan citizens who, before today, were considered law-abiding, productive members of our community," he wrote. "Now, if a person has ever actively or passively ingested marijuana and drives, he is [unknowingly] breaking the law, because if any amount of [cannabis metabolites] can be detected -- no matter when [the marijuana] was previously ingested -- he is committing a crime. The majority's interpretation, which has no rational relationship to the Legislature' s genuine concerns about operating a motor vehicle while impaired, violates the United States Constitution and the Michigan Constitution. "

The ruling could have an impact beyond Michigan. Twelve other states have enacted laws making it a criminal offense to drive under the influence of drugs. They use standards similar to those upheld this week -- the presence of trace levels of drugs or metabolites -- to assume impairment. Unlike drunk driving laws, which assume a certain blood alcohol level after which one is considered impaired, the DUID laws assume that the presence of any metabolite or trace proves impairment.




Attorney Rick Mueller specializes in California DUI and
DMV law. He has been in practice since 1983 and received his Juris
Doctor degree from Chicago Kent College of Law.



DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 5 DUI seminars in San Diego County in the last few
years.



Rick Mueller is known as the "DMV Guru" by the Bar Association.




Rick spoke on "Current DMV Suspension Hearing Issues, Techniques &
Writs" at the San Diego County Courthouse on October 28, 2004.



Rick Mueller was the featured Speaker at the February 13, 2004 DUI -
DMV Seminar in downtown San Diego. He also was the DUI - DMV Lecturer at
the 2003 Public Defender's Office criminal defense seminar.



Having been specially recognized as a Contributor to the California
Drunk Driving Law book, he is now the Editorial Consultant for the most
comprehensive reference book for California DUI law. Known as
California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry
Simons, the book features some of San Diego County attorney Rick
Mueller's hard work.



Rick is a Specialist Member of the California DUI Attorneys Association
(formerly the Association of California Deuce Defenders). He is also a
member of the National College for DUI Defense and the National
Association of Criminal Defense Lawyers.



Mr. Mueller speaks at Strategies in Handling DUI Cases seminars, at the
DUI & Drug Defense seminar at the San Diego Bar Building, at the North
San Diego County Bar Association's Drunk Driving - DMV seminars, and at
the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI
work is also featured in the Association of California Deuce Defenders'
materials. He argues in the appellate court. He actively defends these
cases, and files DMV writs and appeals. He is in Good Standing with the
State Bar (#114305).




Contact Information:



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