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:



PLEASE COMPLETE FREE "EVALUATION FORM" href="http://www.sandiegodui.com">http://www.sandiegodui.com/survey.html



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



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122


(858) 587 - 6055

(858) 451 - 9097 fax

(619) 218 - 2997 portable/voice mail

Detecting DUI Drivers
How to Steer clear of potentially impaired drivers and stay safe.



According to the DWI detection guide put out by the U.S. Department of Transportation and its National Highway Traffic Safety Administration (NHTSA), there are many common, telltale signs that can help identify a drunk driver. Police departments and state patrols around the country use this guide to identify and stop potential drunk drivers before they cause accidents.

The NHTSA's identifying factors are divided into four categories: Problems in maintaining lane position, speed and braking problems, vigilance problems, and judgment problems. Here are some potentially lifesaving factors to look for in identifying drunks and steering clear:

Problems in maintaining lane position. If you see signs of erratic steering or an inability of the driver to keep a straight path in his or her lane, be wary. Weaving across lanes, straddling two lanes, riding over lane lines, swerving for no apparent reason, or drifting toward the shoulder or into another lane are all signs that you may be sharing the road with a drunk driver. Almost striking a vehicle or another object, or swinging too wide during a turn, are other potential indicators of a drunk driver.


Speed and braking problems. Braking smoothly becomes a more difficult task for impaired drivers, so look for general problems with stopping, like jerkiness or stopping in too short of long of a distance than needed. Maintaining speed also becomes more challenging for drunk drivers, so also look for drivers that accelerate or decelerate quickly for no apparent reason, or drivers that are going more than ten miles per hour under the speed limit.

Vigilance problems. This simply means that the driver is unable to pay attention to driving. An impaired driver might forget simple elements of driving that sober people find hard to forget. Examples are driving at night without the headlights on, going the wrong way down one way streets or highway ramps, or responding slowly to traffic signals. Another more certain sign is if the driver is stopped in a lane for no apparent reason, looking confused, bewildered, or tired.

Judgment problems. Alcohol can impair a driver's judgment of what is safe and what is not. Drunk drivers will often take risks that endanger other peoples' lives as well as their own. Examples of this is following another vehicle too closely, or making unsafe lane changes like cutting off other vehicles and appearing unaware of any problem. Any erratic behavior like making sudden, erratic turns, jumping medians, or violating no-turn laws can signal a drunk behind the wheel.

What you should do
Seeing any of these identifying factors, you should prepare to take evasive action to avoid trouble or any unpredictable move that the suspected drunk driver might make. If you see two or more of the above factors, the driver is probably drunk, and it's your responsibility to save the lives of other drivers and alert the police. But don't take anything into your own hands.



Keep your distance: Don't get close to the suspected drunk driver. Never try to pass, as the driver may unknowingly swerve into your lane or into your car.

Get out of the way: If the suspected drunk driver is behind you, make a right turn at the next intersection where it's safe to do so, so that the car can pass.



Take evasive action: If any vehicle is ever coming head-on in your lane, move to the right shoulder, come to a complete stop as quickly as possible, honk your horn and blink your headlights.

Get the license plate number and call 911: If the drunk driver is ahead of you, don't get in an accident trying to catch up, and don't get too close. If you can read the license plate from where you are, have a passenger write it down, then pull over in a safe place and call in the license plate number, along with a description of the car and the behavior you saw, to the police.



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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 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.

SANTEE, Calif. -- One person was in critical condition Monday following a multivehicle collision in East County that left several others injured, including a 26-year-old man suspected of drunken driving, authorities said.

The crash in the 11400 block of Woodside Avenue in Santee occurred around 6:45 p.m. Sunday, according to the San Diego County Sheriff's Department.

Jason Halliburton was arrested on suspicion of DUI causing injury, San Diego sheriff's Lt. Dave Myers said.


Halliburton was driving westbound in a Ford Mustang when he allegedly steered into oncoming traffic while trying to pass two vehicles, Myers said.

The Mustang slammed head-on into a 2001 Ford Navigator, which was then rear-ended by a Saturn, the lieutenant said.

A female sitting in the Mustang's front passenger seat was severely injured and airlifted to a hospital, Myers said, adding that she remains in critical condition.

Halliburton suffered a fractured right leg, and another passenger in the Mustang was taken to a hospital with unknown injuries, Myers said.

The man driving the Navigator also suffered a fractured leg, and his granddaughter was transported to a hospital with minor injuries, according to Myers.

The Saturn's driver was not hurt, Myers said.

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The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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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 .

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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 .

The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

Judge Margarita Bernal halted the trial, which is expected to be completed tomorrow, at about 4:25 p.m. because Rhind was available to continue testimony tomorrow.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets,was acquitted.

A fine job by the defense attorney!

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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 .

The arresting officer in Hassan Adams’ misdemeanor DUI trial was questioned during opening testimony at Tucson City Court.

Kent Rhind of the Tucson Police Department said he arrested Adams after pulling him over near the intersection of Park Avenue and Sixth Street just after midnight on March 5, after following him eastbound on Sixth Street for about a mile.

Rhind said Adams was traveling 40 miles per hour in the 30 mph zone, and nearly hit a curb during a weave as he traveled eastbound on Sixth Street just before the intersection with Park Avenue. Rhind said he then turned on his siren and airhorn, but that Adams turned right onto southbound Park and "crept along" at 3-5 miles per hour before turning into an alley about 100 feet south of Sixth.

Rhind said Adams was cooperative during subsequent field tests but exhibited a strong odor of alcohol, watery, bloodshot eyes and was swaying two to three inches in his upper body.

However, when cross-examined by Adams’ attorney, Stephen Paul Bernard, Rhind said Adams bent over to tie his shoes without coordination trouble, and was coherent and cohesive when responding to his inquiries. He said Adams did not have slurred speech consistent of those at high blood-alcohol levels, and responded that red eyes can be caused by allergies while inquiries can be affected by intimidation and nervousness.

The six-member jury consisted of five men and one woman. During a two-hour jury selection process Monday morning, 14 of the 30 prospective jurors said they knew of Adams and/or his DUI charge. Prospective jurors were also asked about any possible connections with DUIs, breathalyzers or serving alcohol.

Adams, who now plays for the NBA’s New Jersey Nets, was acquitted.



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Paris Hilton makes anti-drunk driving ad
Paris Hilton has starred in an advert against drunk driving.

The hotel heiress - who was arrested for drunk driving last month - is featured in a full page public service announcement in a US teen magazine.

Paris warns readers: "All it takes is one drink to mess with the way you drive - it clouds your judgment and slows your reflexes. Don't take any chances. It just isn't worth it."

The 'Simple Life' star was stopped by police in the early hours for speeding from a party where she claims to have only drunk one margarita. Paris said afterwards: "I hadn't eaten all day. I was really hungry. I was driving fast because I needed a burger."

The socialite turned singer also told the magazine that she yet to reach her sexual peak.

She said: "I think you like sex when you're in your thirties. That's what someone told me. We'll see."

Paris, 25, has postponed her court hearing regarding the drunk driving charges and so is yet to enter a plea of guilty or not guilty.

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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.SanDiegoDUIlawyer.com .

Paris Hilton makes anti-drunk driving ad
Paris Hilton has starred in an advert against drunk driving.

The hotel heiress - who was arrested for drunk driving last month - is featured in a full page public service announcement in a US teen magazine.

Paris warns readers: "All it takes is one drink to mess with the way you drive - it clouds your judgment and slows your reflexes. Don't take any chances. It just isn't worth it."

The 'Simple Life' star was stopped by police in the early hours for speeding from a party where she claims to have only drunk one margarita. Paris said afterwards: "I hadn't eaten all day. I was really hungry. I was driving fast because I needed a burger."

The socialite turned singer also told the magazine that she yet to reach her sexual peak.

She said: "I think you like sex when you're in your thirties. That's what someone told me. We'll see."

Paris, 25, has postponed her court hearing regarding the drunk driving charges and so is yet to enter a plea of guilty or not guilty.

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The lawyer for San Diego Chargers Pro Bowl linebacker Shawne Merriman said the former University of Maryland star will continue playing while appealing a four-game suspension for a violation of the NFL's steroids policy.

David Cornwell, Merriman's attorney, said yesterday that the substance for which Merriman tested positive was the anabolic steroid nandrolone. Nandrolone has been central in some controversial international athletic drug-testing cases and Cornwell said the substance, which is banned in the NFL's steroids policy, was in an otherwise legitimate supplement that Merriman has been taking.




"He did not go into the back alley somewhere and put a needle in his butt for steroids," Cornwell said during a news conference. The lawyer also said that nandrolone is often present in tainted supplements.

Merriman said he spoke with the Chargers players and coaches earlier yesterday and that he apologized for any distraction his personal circumstances might create.

"I have no reason to do anything wrong, especially when I'm already in the spotlight and doing things and trying to present to people the right and wrong way to go about things," Merriman said. "This is obviously a mistake that has to be dealt with correctly."

In a telephone conversation with a former high school coach early Sunday, Merriman, the NFL's Defensive Rookie of the Year in 2005, said he had failed a substance test but didn't understand why.

"[Shawne] said it was 'a situation where I tested positive,'" said J.C. Pinkney, head football coach at Douglass High School in Prince George's County who talked with Merriman on Sunday morning. Pinkney said the test Merriman referred to was for performance-enhancing substances, such as steroids.

"He said he had been taking this thing for quite some time. But he said that he had been tested quite regularly, so the positive test result was a surprise to him," Pinkney said.

Pinkney was an assistant coach at Douglass High when Merriman played there and the player lived with the coach for about six months when Merriman was left homeless by a house fire.

Pinkney said Merriman telephoned about 9:30 a.m. Sunday. San Diego lost to the Kansas City Chiefs, 30-27, as Merriman tied for a team-high seven tackles.

"He said he wasn't sure what he tested positive for ... he was definitely surprised," Pinkney said of Merriman. "He said, 'Coach, why would I take something knowingly? I've been tested like 15 times. I would be stupid to do that.'"

Merriman, whose 10 sacks and 41 tackles last season earned him a spot in the Pro Bowl, told Pinkney he didn't want the coach to be blindsided by the news and apologized that his own problems might be a distraction for his former high school team, which faces a big game soon.

This year, the 6-foot-4, 272-pound linebacker has 5 1/2 sacks for the Chargers, who are 4-2 and in second place behind the Denver Broncos in the AFC West.

A spokesman at the NFL's New York office said the league had no comment on Merriman.

First-time offenders of the NFL's steroids policy receive a four-game suspension. Those who violate the policy a second time face an eight-game suspension. And a third violation results in a suspension for a year. Players are not paid while on suspension.

Last week, two other players, Atlanta Falcons guard Matt Lehr and Detroit Lions defensive tackle Shaun Rogers - were suspended for violating the league's substance abuse policy. But Merriman reserved the right to appeal his suspension, according to ESPN, so it was not announced.

At Maryland, Merriman had 22 sacks in a three-year career. A dominating presence, he left college with eligibility remaining and was selected 12th overall by San Diego in the 2005 NFL draft.

Leon Joe, a Chicago Bears linebacker who played with Merriman at Maryland, expressed surprise at the news.

"That doesn't sound like Shawne at all. ... I don't know what the situation was, but he's my guy," Joe said.

Merriman's difficulties are the latest in a series of setbacks for the Chargers this year.

Just before the regular season began, linebacker Steve Foley was shot in the leg by an off-duty police officer. Foley is charged with DUI in that incident.

Safety Terrence Kiel was arrested at team headquarters last month and faces charges related to possession and shipping of prescription cough syrup, a controlled substance.

Injuries to Foley's replacement, Shaun Phillips, and defensive end Igor Olshansky have also taken their toll.

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The lawyer for San Diego Chargers Pro Bowl linebacker Shawne Merriman said the former University of Maryland star will continue playing while appealing a four-game suspension for a violation of the NFL's steroids policy.

David Cornwell, Merriman's attorney, said yesterday that the substance for which Merriman tested positive was the anabolic steroid nandrolone. Nandrolone has been central in some controversial international athletic drug-testing cases and Cornwell said the substance, which is banned in the NFL's steroids policy, was in an otherwise legitimate supplement that Merriman has been taking.




"He did not go into the back alley somewhere and put a needle in his butt for steroids," Cornwell said during a news conference. The lawyer also said that nandrolone is often present in tainted supplements.

Merriman said he spoke with the Chargers players and coaches earlier yesterday and that he apologized for any distraction his personal circumstances might create.

"I have no reason to do anything wrong, especially when I'm already in the spotlight and doing things and trying to present to people the right and wrong way to go about things," Merriman said. "This is obviously a mistake that has to be dealt with correctly."

In a telephone conversation with a former high school coach early Sunday, Merriman, the NFL's Defensive Rookie of the Year in 2005, said he had failed a substance test but didn't understand why.

"[Shawne] said it was 'a situation where I tested positive,'" said J.C. Pinkney, head football coach at Douglass High School in Prince George's County who talked with Merriman on Sunday morning. Pinkney said the test Merriman referred to was for performance-enhancing substances, such as steroids.

"He said he had been taking this thing for quite some time. But he said that he had been tested quite regularly, so the positive test result was a surprise to him," Pinkney said.

Pinkney was an assistant coach at Douglass High when Merriman played there and the player lived with the coach for about six months when Merriman was left homeless by a house fire.

Pinkney said Merriman telephoned about 9:30 a.m. Sunday. San Diego lost to the Kansas City Chiefs, 30-27, as Merriman tied for a team-high seven tackles.

"He said he wasn't sure what he tested positive for ... he was definitely surprised," Pinkney said of Merriman. "He said, 'Coach, why would I take something knowingly? I've been tested like 15 times. I would be stupid to do that.'"

Merriman, whose 10 sacks and 41 tackles last season earned him a spot in the Pro Bowl, told Pinkney he didn't want the coach to be blindsided by the news and apologized that his own problems might be a distraction for his former high school team, which faces a big game soon.

This year, the 6-foot-4, 272-pound linebacker has 5 1/2 sacks for the Chargers, who are 4-2 and in second place behind the Denver Broncos in the AFC West.

A spokesman at the NFL's New York office said the league had no comment on Merriman.

First-time offenders of the NFL's steroids policy receive a four-game suspension. Those who violate the policy a second time face an eight-game suspension. And a third violation results in a suspension for a year. Players are not paid while on suspension.

Last week, two other players, Atlanta Falcons guard Matt Lehr and Detroit Lions defensive tackle Shaun Rogers - were suspended for violating the league's substance abuse policy. But Merriman reserved the right to appeal his suspension, according to ESPN, so it was not announced.

At Maryland, Merriman had 22 sacks in a three-year career. A dominating presence, he left college with eligibility remaining and was selected 12th overall by San Diego in the 2005 NFL draft.

Leon Joe, a Chicago Bears linebacker who played with Merriman at Maryland, expressed surprise at the news.

"That doesn't sound like Shawne at all. ... I don't know what the situation was, but he's my guy," Joe said.

Merriman's difficulties are the latest in a series of setbacks for the Chargers this year.

Just before the regular season began, linebacker Steve Foley was shot in the leg by an off-duty police officer. Foley is charged with DUI in that incident.

Safety Terrence Kiel was arrested at team headquarters last month and faces charges related to possession and shipping of prescription cough syrup, a controlled substance.

Injuries to Foley's replacement, Shaun Phillips, and defensive end Igor Olshansky have also taken their toll.

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Assistant State Attorney Earl Varn has asked the courts not to accept any pleas on DUI cases involving the new Intoxilyzer 8000 breathalyzer.

"We would ask the court to enter a not-guilty plea," Varn stated in a memo to Sarasota County Judge David Denkin, "and set any new cases for a pretrial date."

Varn stated that his office needs more time to review the 8000's reliability.

Denkin had not responded by press deadline Thursday.

Venice attorney Robert Harrison has been at the forefront of the breathalyzer challenge.

"It is actually is a very smart and prudent move by the state," Harrison said, "because right now anybody who has been convicted or pleads guilty has the possibility of coming back and saying, 'I entered a (guilty) plea (after the breathalyzer results) but the state didn't tell me they were having problems with it."

According to Laura D. Barfield, Florida Department of Law Enforcement Alcohol Testing Program Manager, the machine will post unreliable results if the subject does not blow a minimum of 1.1 liters of breath into the machine within three minutes.

The software is not instructed to report a "Volume Not Met" flag, Barfield stated, if the subject breathes less than 1.1 liters of breath into the machine.


Holding pattern

In a letter to the Sarasota County Sheriff's Office which operates the county's five breathalyzers, Barfield claims FDLE "discovered" the volume problem, when in fact Harrison's research was responsible for uncovering the issue.

"If the state found it and didn't tell us," Harrrison said, "that could be an even bigger mess which could have civil rights implications."

FDLE is responsible for breathalyzer operations in Florida.

Barfield also wrote that the anayltical functions of the 8000 are not affected by the volume issue. She said there will be a software revision to correct the volume problem.

Barfield said the volume problem only showed up in a "small number of breath samples."

Harrison said FDLE has discovered at least 189 cases of Intoxilyzer 8000s reporting "suspect" volume results.

"If somebody registers a .277 and they didn't blow into the machine (an incident supported by FDLE's own data)," Harrison said, "that is indefensible."

Harrison said breathalyzer evidence is not the only evidence used in DUI cases.

Several hundred DUI cases in Sarasota County alone are in a holding pattern until the Intoxilyzer issues can be resolved.
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SAN DIEGO -- San Diego police and health experts are asking for an intervention.

A group that is part of the San Diego County Policy Panel on Youth Access to Alcohol asked lawmakers Friday for legislation on alcohol advertising and access to alcoholic beverages.

A group that is part of the San Diego County Policy Panel on Youth Access to Alcohol asked lawmakers Friday for legislation on alcohol advertising and access to alcoholic beverages.

The group said the alcohol industry targets young people with products known as "alcopops," bottled alcoholic beverages that resemble drinks such as soft drinks and lemonade. It also claims that liquor stores make 20 to 30 percent of their profits from sales to minors and intoxicated customers.


Both are illegal, said Dr. Cleo Malone, founder and director of The Palavra Tree, Inc., a local treatment and prevention center in downtown San Diego.

"They make an awful lot of money on illegal sales," Malone said.

The group said alcohol-related deaths among young people is on the rise in San Diego County, and that DUI arrests of 16 to 25-year-olds have also increased 16 percent.


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October 19, 2006

The off-duty police officer who shot Chargers linebacker Steve Foley last month admitted yesterday he never showed a badge to Foley or his female companion after following them to a Poway neighborhood. Coronado Police Officer Aaron Mansker testified that he was not in uniform and was in his own car the morning of Sept. 3 when he saw Foley driving erratically on state Route 163.

Mansker said he followed Foley, who was driving a custom Oldsmobile Cutlass at up to 90 mph, and identified himself verbally when Foley stopped his car on several occasions while driving home.

The first time Mansker shouted from car to car, Foley drove off, he said. The second time, Foley got out of his car on Pomerado Road and approached Mansker, who said he had his handgun drawn and shouted, “Police officer! Stop!”



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Mansker said Foley looked at the weapon, said it looked like a BB gun, turned, walked back to his car and drove off.
Then, Mansker said, he again shouted who he was after Foley got out of his car near his home on Travertine Court.

“Throughout this whole incident you didn't show him your badge?” asked Ray Vecchio, the lawyer for Lisa Maree Gaut, the passenger in Foley's car that morning.

“I did not,” the officer said.

Mansker's testimony came during the second day of Gaut's preliminary hearing in San Diego Superior Court. After the hearing, Judge Frederick Maguire ordered Gaut to be tried on felony and misdemeanor charges including assault with a deadly weapon on a peace officer.

The judge warned Gaut, 25, to take the case seriously, saying he had noticed her “making faces” during the hearing. If convicted, Gaut could be sent to prison for up to five years.

Foley, 31, has pleaded not guilty to misdemeanor drunken driving charges. He was recently released from a hospital and is recovering from wounds to a leg and hand.

Mansker, on administrative leave from the Coronado Police Department, has not been charged.

Prosecutors contend that at the end of the pursuit, Gaut got behind the wheel of Foley's Oldsmobile and tried to ram the officer, who said he was waiting for a uniformed police officer or sheriff's deputy to arrive.

Mansker shot at the Oldsmobile and at Foley – who again was walking toward the officer – hitting him at least three times. Mansker testified he feared for his life because he saw Foley reach into his waistband.

Foley was unarmed.

Vecchio denied the accusations against his client, telling the judge neither Gaut nor Foley knew that Mansker was a police officer rather than a carjacker.

Vecchio said state law prohibits motorists from evading a peace officer if the officer is in uniform and driving a marked vehicle with at least one visible red lamp and siren.

“How could you know a person is a police officer unless they identify themselves based on the requirements of the law?” Vecchio said.

Prosecutor James Koerber argued that Mansker's power as a police officer wasn't limited to the hours he was on duty or to the jurisdiction in which he was sworn to work.

“A police officer in the state of California is a police officer 24 hours a day, seven days a week,” Koerber said.

Maguire acknowledged the defense's argument that a key element of the case is whether Gaut knew Mansker was a police officer, saying “you don't want cowboys stopping people.”

However, the judge said, the evidence presented during the hearing was enough for the case to go forward. Citing testimony, the judge said he heard Mansker demonstrate the commands he gave to Gaut and Foley.

“He's got a booming voice,” Maguire said. “And frankly, if anybody looks like a cop it's Mansker.”

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SAN DIEGO -- Chargers linebacker Steve Foley pleaded not guilty Monday to misdemeanor DUI charges stemming from a confrontation with an off-duty Coronado police officer, who shot him three times near his Poway home.

A readiness conference was set for Nov. 17.

A defendant is not required to appear in court to answer misdemeanor charges.

The 31-year-old Foley is charged with DUI within 10 years of a prior conviction on such a charge, and with driving with a blood-alcohol level of more than the .08 legal limit.

The second charge carries an allegation that the blood-alcohol level was more than .15.

Officer Aaron Mansker has said he followed Foley's car in the early morning hours of Sept. 3 because he suspected the driver was drunk.

During the course of the subsequent investigation, it was learned that Foley thought he was either being followed by a fan or being carjacked by the person following him, sheriff's homicide Detective Thomas Ness wrote in an affidavit for a search warrant.

Mansker, driving an unmarked car, had followed Foley to the football player's home after allegedly seeing his car swerving across freeway lanes and traveling at speeds up to 90 mph.

Foley eventually stopped and got out of the car to confront Mansker. When he allegedly refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning and then shot the football player, who was hospitalized for several weeks.

The officer also opened fire on his companion, Lisa Maree Gaut, when she allegedly accelerated the Oldsmobile toward him, but she was uninjured.

A preliminary hearing is scheduled tomorrow for Gaut, who is charged with felony assault with a deadly weapon with force likely to produce great bodily injury and assault with a deadly weapon on a peace officer. She also faces misdemeanor charges of driving under the influence of alcohol and driving with a measurable blood-alcohol above the legal limit of .08.

According to search warrant affidavits, a sample of Foley's blood revealed a .23 blood-alcohol level, taken at 4:29 a.m. on Sept. 3.

On Sept. 13, Ness said he learned from the Sheriff's Crime Lab that Foley's blood-alcohol level measured .16 and Gaut's blood-alcohol level measured .15.

The sample of blood revealing that result was taken from Foley at 6:45 a.m. on Sept. 3, according to the affidavits.

According to the affidavits, Ness said it was explained to him that hospital blood-alcohol test results consistently measure higher than a criminalist's results due to hospital testing methods.

Foley has been put on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.

Mansker, 23, will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.

Judge Jeffrey Fraser has issued a gag order that prohibits the lawyers in the case from talking about possible steroid use, polygraphs and witness credibility.

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Sept 2003 DOT Report — State of Knowledge of Drug-Impaired Driving

http://www.nhtsa. dot.gov/people/ injury/research/ StateofKnwlegeDr ugs/StateofKnwle geDrugs/pages/ TOC.html

See Specifically:

3 - DETECTION AND MEASUREMENT OF DRUGS

GENERAL METHODS AND SPECIMENS FOR DRUG SCREENING

Urinalysis

The drug testing methodology for urinalysis is well established. With the advent of workplace testing, where large numbers of drug tests are conducted daily in the United States, urinalysis methods have become the standard by which other technologies are being compared. Drugs and drug metabolites are detectable in urine for several days after the drug has been used. This several-day window of detection can overlap with intoxication, impairment, and being "under the influence," and can extend even beyond these states of behavioral impairment. Therefore, while a positive urine test is solid proof of drug use within the last few days, it cannot be used by itself to prove behavioral impairment during a focal event. There are national standards for urine testing in place as well as national certification programs for laboratories performing forensic urine drug testing. A number of states with per se "zero tolerance" laws are currently using urine tests to enforce their laws under which the prosecutor must show only that the driver of the car had prohibited metabolites in his/her system.


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Willie Nelson's public statement regarding being caught

with a bag of Marijuana earlier this week:



"It's a good thing I had a bag of Marijuana.

If it had been a bag of spinach, I would have been dead by now."

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Wreckage littered parts of Highway 67 on Monday night and early Tuesday after two people died in separate traffic crashes in the Ramona area, authorities said.

They said a four-vehicle collision just before 9 p.m. west of the rural community claimed the life of 22-year-old Amy Marie Kortlang of Ramona and injured four people, including the suspected hit-and-run driver.

California Highway Patrol officers and sheriff's deputies later arrested Ramona resident Rafael Perez, also 22, on suspicion of murder, felony driving under the influence and felony hit-and-run, said Officer Brian Pennings, Highway Patrol spokesman.


"He has quite a substantial record for previous DUIs," Pennings said. "He does not have a license."

About four hours after the first crash, authorities said, 42-year-old Frank S. Eskins of San Diego died when his white Toyota Tacoma pickup truck smashed into a eucalyptus tree near South Hunter Street in Ramona.

"Witnesses said that he had difficulty keeping his vehicle in the lanes," Pennings said.

He said the Highway Patrol will rely on the autopsy, particularly the toxicology report, to help determine the cause of the crash.

Mark Lewan, a Ramona firefighter engineer and paramedic who worked both crashes, said the fatal collisions were unusual on that rural stretch of the highway.

"It was just a fluke thing," Lewan said.

He said firefighters worked quickly to find all the victims after the first crash about 8:50 p.m. in a dark area south of Mussey Grade Road.

Witnesses said a Ford 150 pickup truck traveling north at a high rate of speed was crossing over double yellow lines, Pennings said. He said Perez is an employee at a construction company that owns the truck.

The officer said the pickup veered into the opposite lane and sideswiped an oncoming Dodge Caliber before slamming head-on into the red Honda Civic that Kortlang drove.

"Unfortunately, she sustained fatal injuries," he said. "The Honda overturned."

Pennings said a Ford Explorer sport utility vehicle then struck the Dodge. Meanwhile, he said, the truck driver got out and ran.

Authorities shut down the highway for at least three hours between Archie Moore and Highland Valley roads to help victims, investigate the crash and remove debris.

A Mercy Air helicopter flew a female passenger in the Dodge to Palomar Medical Center in Escondido, Lewan said.

That woman, whose name wasn't available; Dodge driver Ernesto Ochoa, 29, of Spring Valley; and the Explorer driver, Gabriel Garcia, 24, of Ramona, suffered minor to moderate injuries, officials said.

Pennings said about midnight Perez was found walking beside Highway 67 about two miles north of the crash.

Paramedics treated Perez before he was booked into San Diego Central Jail, where he was being held without bail pending a Thursday court appearance in El Cajon.

"He had minor injuries, a little bit of shoulder pain," Lewan said.

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Wreckage littered parts of Highway 67 on Monday night and early Tuesday after two people died in separate traffic crashes in the Ramona area, authorities said.

They said a four-vehicle collision just before 9 p.m. west of the rural community claimed the life of 22-year-old Amy Marie Kortlang of Ramona and injured four people, including the suspected hit-and-run driver.

California Highway Patrol officers and sheriff's deputies later arrested Ramona resident Rafael Perez, also 22, on suspicion of murder, felony driving under the influence and felony hit-and-run, said Officer Brian Pennings, Highway Patrol spokesman.


"He has quite a substantial record for previous DUIs," Pennings said. "He does not have a license."

About four hours after the first crash, authorities said, 42-year-old Frank S. Eskins of San Diego died when his white Toyota Tacoma pickup truck smashed into a eucalyptus tree near South Hunter Street in Ramona.

"Witnesses said that he had difficulty keeping his vehicle in the lanes," Pennings said.

He said the Highway Patrol will rely on the autopsy, particularly the toxicology report, to help determine the cause of the crash.

Mark Lewan, a Ramona firefighter engineer and paramedic who worked both crashes, said the fatal collisions were unusual on that rural stretch of the highway.

"It was just a fluke thing," Lewan said.

He said firefighters worked quickly to find all the victims after the first crash about 8:50 p.m. in a dark area south of Mussey Grade Road.

Witnesses said a Ford 150 pickup truck traveling north at a high rate of speed was crossing over double yellow lines, Pennings said. He said Perez is an employee at a construction company that owns the truck.

The officer said the pickup veered into the opposite lane and sideswiped an oncoming Dodge Caliber before slamming head-on into the red Honda Civic that Kortlang drove.

"Unfortunately, she sustained fatal injuries," he said. "The Honda overturned."

Pennings said a Ford Explorer sport utility vehicle then struck the Dodge. Meanwhile, he said, the truck driver got out and ran.

Authorities shut down the highway for at least three hours between Archie Moore and Highland Valley roads to help victims, investigate the crash and remove debris.

A Mercy Air helicopter flew a female passenger in the Dodge to Palomar Medical Center in Escondido, Lewan said.

That woman, whose name wasn't available; Dodge driver Ernesto Ochoa, 29, of Spring Valley; and the Explorer driver, Gabriel Garcia, 24, of Ramona, suffered minor to moderate injuries, officials said.

Pennings said about midnight Perez was found walking beside Highway 67 about two miles north of the crash.

Paramedics treated Perez before he was booked into San Diego Central Jail, where he was being held without bail pending a Thursday court appearance in El Cajon.

"He had minor injuries, a little bit of shoulder pain," Lewan said.

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State Admits New Alcohol Breath Tests Could Be Unreliable

October 12, 2006

ORLANDO, Fla. -- Channel 9 in Florida has learned there's a glitch in the state's new breath testing procedure.

An Orlando defense attorney first discovered the problem. During a state hearing Wednesday, the Florida Department of Law Enforcement's inspector admitted that the results of several new machines are scientifically unreliable.

In some cases, the Intoxilyzer-8000's print-outs don't disclose that an inadequate breath volume was tested on the accused driver.



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