Friday, December 29, 2006

 

DUI Murder charge for driver who killed 5 year old

LAKE ELSINORE – A 35-year-old woman who allegedly caused a crash that fatally injured a 5-year-old Lake Elsinore girl has been charged with murder and other counts, a deputy district attorney said Wednesday.

Michelle Coplen, who was originally booked under the false name of Kimberly Marie Tormey, was arrested Dec. 11 and held in lieu of $1 million on charges of hit-and-run with death or injury, DUI with injury, DUI with bodily injury and driving on a suspended or revoked license.

A felony settlement conference was held, the bail was lowered and a preliminary hearing date set, but then the little girl died.
Sierra Heidrich was pronounced dead about 7:45 a.m. Wednesday, according to Valerie Zuker, a prosecutor with the district attorney's office.

The D.A.'s office amended the complaint and Coplen was arraigned Tuesday on charges of murder, vehicular manslaughter while intoxicated, DUI with injury, hit-and-run with injury, falsely impersonating someone else and driving with a suspended license.

Coplen also faces allegations that she caused great bodily injury while driving on a .08 or higher blood alcohol level, said Chris Bouffard, deputy district attorney.

The defendant also has two prior DUI convictions, he said.

A felony settlement conference was set for Jan. 9

Amber Heidrich, 30, of Lake Elsinore, was driving a Nissan sedan south on Corydon Street about 9:30 p.m. Dec. 10 when a Ford pickup being driven the wrong way came head-on at the Nissan, Riverside County sheriff's deputies said.

Heidrich tried to swerve to miss the pickup but her vehicle was struck on the right side, near the rear passenger door, sheriffs officials said.

The woman's 5-year-old niece, who was strapped into a child's booster seat, suffered “major injuries” and was rushed to Loma Linda University Medical Center, according to the Sheriff's Department.

Investigators identified Coplen, who gave her name as Tormey, as the driver of the 1993 Ford F-150 pickup that allegedly caused the collision. Neither she nor her passenger were injured, according to sheriff's officials.

Heidrich also suffered injuries but information on the extent of those injuries was not available.


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.


Thursday, December 28, 2006

 

San Diego DUI can cost $10,000

SAN DIEGO -- San Diego DUI drivers pulled over for San Diego drunk driving charges can expect a hefty bill, San Diego's NBC 7/39 reported Wednesday.



A San Diego drunk driving conviction will cost an estimated almost $10,000 in attorney fees, court fines, insurance and attending recovery programs.



Fines Up to $3,000 +
Statutory Assessment Penalties
Tow/Impound Fee $187.
Alcohol Education Class $500.
Auto Insurance Increase $7,300
Restitution Fund $100.
Attorney Fees $2500-4,500+
DMV license reissue fee $125.
Booking, fingerprinting and photo fee $156.
MADD class $20 (optional).



Mothers Against Drunk Driving, the California Highway Patrol and the California schools superintendent held a joint news conference Wednesday urging everyone to have a safe and sober celebration on New Year's Eve.



The group said $30 for cab fare is a lot cheaper than $10,000.



For San Diego DUI help, visit http://www.SanDiegoDUI.com .

 

Free San Diego DUI / DMV evaluation

Complete San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI.



Worry-free San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.



San Diego DUI Attorney Rick Mueller is the Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 22 years of experience. Known as the San Diego DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.



Simply complete Free Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become Clients.

Tuesday, December 26, 2006

 

San Diego DUI / DMV information

San Diego DMV / DUI Hearing



The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.



http://www.sandiegodui.com/


http://www.sandiegoduihelp.com


 

San Diego DUI Blog

San Diego DUI Blog

Sunday, December 24, 2006

 

Driving While Nude (DWN) + DUI gets Coach NFL Suspension

Lions assistant suspended for drunken, nude driving arrests

Detroit Lions assistant coach Joe Cullen was suspended by the NFL for Sunday's game against the Chicago Bears for two arrests -- one for drunken driving and one for nude driving. He also was fined $20,000 in addition to the one-week suspension.

NFL commissioner Roger Goodell cited the defensive line coach for conduct detrimental to the league, NFL spokesman Greg Aiello said Tuesday.


The Lions suspended Cullen from the season opener against Seattle. But Cullen met with Goodell on Dec. 1 in New York and the commissioner decided a one-game suspension wasn't enough.

Cullen was pulled over Aug. 24 in the Detroit suburb of Dearborn and ticketed on suspicion of indecent and obscene conduct after police said he was driving nude. The Lions said alcohol was involved.

On Sept. 1, police stopped his vehicle and determined he had a blood-alcohol content of 0.12 percent, according to court records. The legal limit for drivers in Michigan is 0.08 percent.

The misdemeanor cases have been adjourned until Jan. 11 to allow Cullen to complete counseling.

www.sandiegodui.com

 

Things the Police would like you to know

Dear Civilian,

Your 5 year old kid getting pushed down by another 5 year old kid is NOT a police matter; talk to the other kid's parents, not the police.

If your kid won't do his homework or do his chores, 911 is not the answer.

If a cop causes a car accident we usually get a ticket, and sometimes we get suspended. When is the last time you got 3 days off (without pay) for rear-ending a guy at Wal-Mart?

We know you've had more than two beers. When I've had two beers, I didn't hit six parked cars, drive my car through the front doors of a Toys-R-Us, pee my pants or pass out at a traffic light.

When you see an emergency vehicle behind you with its lights and sirens on, pull to the RIGHT, and stop. We are usually required to pass cars on the left.

When you're driving in the fast lane and you see a cop behind you, don't go 5 MPH under the speed limit. We are not impressed by how safe of a driver you can be, we're trying to go help someone (or catch that guy in SUV that just cut you off). Safely move over and let us pass please.

If we park our cruiser across the road with lights flashing, don't ask if the road is closed or if there is an accident, just take an alternate route and DON'T DRIVE AROUND US!

If you get a warning instead of a ticket from a motorcycle cop, go buy a lottery ticket, because you've already beaten the odds.

When you see an officer conducting a traffic stop, or with a suspect in handcuffs, it is generally not a good idea to approach him and ask for directions. If you do, don't expect the officer to be nice when he tells you to get lost, and don't expect the officer to take the time to explain.

Here's how to get out of a ticket. Don't break the law.

If you drive a piece of crap, that is why you're getting pulled over.

In one week I pulled over 10 cars for minor traffic violations. 5 out of 10 had no vehicle insurance. 3 out of 10 had suspended driver's licenses. 2 out of 10 had warrants. 1 out of 10 had felony warrants. 1 was a known sex offender with his 12 year old niece in the car without her mothers knowledge.

If you've just been pulled over doing 70 in a 35, do not greet the officer with, "What seems to be the problem, officer?"

We get coffee breaks too.

When you're the victim of a burglary, take the time you spend waiting for the officer to find the model number and the serial number of the stuff that was taken.

Some cops are just jerks, but take heart in the fact that other cops don't like them either.

If it's night time and you're driving a vehicle with tinted windows and I pull you over, it's not because of your skin color. I usually can't tell if the vehicle even has a driver until the windows rolled down.

Every time you hear on the news about people running away from a crazed gunman, someone's son or daughter in a police uniform is running TOWARD that crazed gunman.

Yes, it's true, cops usually don't give other cops tickets. Think of it as an employee discount, perk or benefit. Other cops are family and you wouldn't give your brother a ticket if you were a cop either.

If your local police agency has a helicopter, everyone knows it's loud and annoying, but did you know it can cover the same area as 20 patrol officers and safely chase criminals that are driving 90 MPH through city streets. Many times the guy has no idea it's there and slows down.

Police work is.... Writing reports.

If you rob a gas station you're only going to get about $100, but I get to see a K9 dog use your arm as a chew toy. For all I care you can keep the $100.

In one year of patrol work in a large city, only about ten minutes would be cool enough to be on the television show Cops.

Every traffic stop could end in gunfire, but we have to be polite and professional until that time .

I've taken about the same amount of men and women to jail for domestic violence, so NO, it's not always the man.

If the light was yellow, we wouldn't be having this conversation.

Cops know you pay taxes and that your taxes pay cops' salaries.

Cops also pay taxes, which also pay cops' salaries so, hey, this traffic stop is on me. Now sign here; press hard. There are several copies.

Police Officers... Our job is to protect your butt, not kiss it!


Thank You,
The Police






If the police are interfering with your rights, go to http://www.sandiegodui.com/survey.html

 

DUI death rate down - National Highway Traffic Safety Administration changes tune

Accordingly, NHTSA has revised its Drunk Driving & anti- DUI propaganda:

NHTSA's new Drunk Driving statement:

"In spite of the tireless efforts of thousands of highway safety advocates over the past 25 years, drunk driving continues to be a major problem in this country. Nationwide, one person every 40 minutes, approximately 35 people a day, or nearly 13,000 people each year die in traffic crashes involving a driver or a motorcycle operator with a BAC of .08 or higher."

NHTSA's Original DUI statement:

"Despite the tireless efforts of thousands of advocates, impaired drivers continue to kill someone every 30 minutes, nearly 50 people a day, and almost 18,000 citizens a year."

http://www.sandiegoduihelp.com

http://www.sandiegodui.com

Saturday, December 23, 2006

 

DUI Checkpoint in Pomona today

DUI checkpoint in Pomona today
Article Launched: 12/22/2006 12:00:00 AM PST


POMONA - Officers from two police agencies will conduct a wide-ranging driving under the influence operation today and into Saturday morning in the city.
Pomona and Claremont police will join forces with the Los Angeles County Probation Department to target intoxicated drivers over the holiday season, according to a police statement.

The Pomona Police Department command post will be at the corner of Holt Avenue and Indian Hill Boulevard, according to the statement. The operation will be from 4 p.m. to 2 a.m. the following morning, according to a statement.

Pomona was awarded $798,000 grant in October for the operation.

The Selective Traffic Enforcement Program grant is funded through the California Office of Traffic Safety.

Questions about this operation can be directed to the Pomona police Traffic Bureau.

 

DUI Death rates decline

Drunken-driving death rates decline



WASHINGTON - Drunken-driving deaths declined slightly across the nation in 2005, and the rate of drunken-driving deaths fell in 23 states last year, transportation officials said Friday.

The National Highway Traffic Safety Administration reported that 23 states and Puerto Rico had a decrease in the fatality rate for crashes involving a driver with an illegal blood alcohol level of at least 0.08. The death rate involving those circumstances increased in 21 states and the District of Columbia and remained flat in six other states.

The government said 12,945 motorists died in a crash involving a legally drunk driver in 2005, compared with 13,099 in 2004. Alcohol-related fatalities also fell during that span: from 16,885 in 2005 to 16,919 in 2004.

"These statistics confirm what every police officer patrolling America's streets already knows: that irresponsible use of alcohol and driving are a tragic and toxic combination that robs people of their potential and families of their loved ones," said Transportation Secretary Mary Peters.

All 50 states have a 0.08 standard with Minnesota's adoption of the law last year.

States with lower fatality rates involving at least one driver with an illegal blood-alcohol level were: Alabama, Arkansas, Colorado, Connecticut, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah and Virginia.

States with higher rates were: Arizona, California, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Minnesota, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, South Dakota, Vermont, Washington state, Wisconsin and Wyoming.

The six states with the same rates were: Alaska, Kansas, Nebraska, Ohio, Pennsylvania and West Virginia.

Transportation officials said they were spending $7 million for advertising during the December holiday season as part of its "Drunk Driving. Over the Limit. Under Arrest" campaign.

Wednesday, December 20, 2006

 

San Diego County DUI Cops in the news / Holiday DUI Patrol this Friday

Officers plan holiday DUI patrol December 22

OCEANSIDE – Officers will spread out over city streets Friday night in search of drunken drivers as part of a holiday DUI patrol.

The enforcement efforts will focus on shopping and restaurant areas along Vista Way, El Camino Real and Jefferson Street.

The detail will be from 7 p.m. Friday until 3 a.m. Saturday.

Officers will also walk through bars to check for violations, such as over-serving alcohol.


SAN DIEGO – One man was injured and two drivers were arrested early Wednesday morning after a California Highway Patrol car was rammed from behind by a vehicle driven by a suspected drunken driver.

Two officers in a patrol car had pulled over to help a driver who had stopped his Nissan on southbound state Route 15 just past University Avenue around 2 a.m. when the cruiser was hit by a Chevrolet that drifted to the right, said California Highway Patrol Officer Alicia Contreras.

After it was struck, the patrol car was pushed into a person standing next to the disabled car. The man, who had been a passenger in the Nissan, was hospitalized with minor injuries, Contreras said.

The driver of the Chevrolet, a 23-year-old man, was not injured and was taken into custody on suspicion of drunken driving, Contreras said.

Officers also arrested the driver of the Nissan on the same charge.

One of the CHP officers complained of a hurt ankle but was not hospitalized.



http://www.1800thelawdui.com

Tuesday, December 19, 2006

 

43 fans arrested at San Diego Chargers game, some for DUI

Monday, December 18, 2006

Chiefs-Chargers game: 43 fans arrested

Forty-three fans were arrested, 79 were ejected and 78 were issued misdemeanor citations during the Chiefs-Chargers game Sunday in San Diego.
One fan tried to run onto the field, two were cited for playing ball, and one was so drunk he had to be sent to the hospital instead of being arrested, police said. They said they didn't have any detail on exactly what the two guys were doing "playing ball".
Thirty-six arrests were for public drunkenness, one each for DUI, assault with intent to do great bodily injury, battery, domestic violence, and interfering with police during arrest.
The misdemeanor citations included theft, minors in possession of alcohol or drugs, urinating in public, and having glass bottles, which are banned.
Most of the ejections resulted from alcohol-related fighting, police said, but there were also ejections for violating a non-smoking rule.
These figures beat last year's game at San Diego, which were highest in the NFL except for Oakland.

Here are fan-ejection stats so far this season, with lots of holes where I was on vacation and missed the games. Those numbers are coming for Kansas City and I hope for other towns.




Posted by Greg Reeves on Monday, December 18, 2006 at 02:40 PM in Drunken fan arrest rates, Sports crime corner | Permalink

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Comments
Well it only makes sense that the records coincide with L.T.'s performance. The more he runs the more they drink. Therefore L.T. should be ejected from football for fear of the publics level of drunkedness.

(Just trying my hand at some open free & liberal thought - how am I doing so far?)

Posted by: Not sure why I Post | Monday, December 18, 2006 at 02:48 PM

Not Sure:

They should have done that before the game, then he wouldn't have ripped off that 85 yarder on us...

Posted by: The DB | Monday, December 18, 2006 at 03:07 PM

Any idea what was meant by "two were cited for playing ball"?

Posted by: Larry | Monday, December 18, 2006 at 06:22 PM

I was a little disappointed by the lack of respect that was shown to Lamar Hunt by the San Diego Chargers owner and its fans.

Posted by: Plombage | Monday, December 18, 2006 at 06:48 PM

Do you ever work? I see four weeks of "vacation"?

Posted by: sd2000 | Tuesday, December 19, 2006 at 12:26 AM

The drunks were chiefs fans ,the whole chiefs bence played like they were drunk,
And they are still crying about the lost,
Big LJ was on the news last night crying about changes,
THE CHIEFS ARE CRY BABIES,Hooray SAN DIEGO

Posted by: smoothk | Tuesday, December 19, 2006 at 07:30 AM

A well thought out post smoothk i'm impressed with your grasp of the english language.

Posted by: Sid Vicious | Tuesday, December 19, 2006 at 07:37 AM

sd2000,
Four? I get six. :)

Posted by: Crime Scene KC | Tuesday, December 19, 2006 at 08:25 AM

I call them like I see them, Am I wrong, I don't think so , He{LJ} was on channel 4 crying and so was Trent Green.

Posted by: smoothk | Tuesday, December 19, 2006 at 08:42 AM

Meanwhile, Whitlock (and those of you who have never been to a game) will continue to insist that we have the most intoxicated, belligerent fans in the NFL.

Posted by: Duke | Tuesday, December 19, 2006 at 09:03 AM

You say that like it's a bad thing

Posted by: jpbikerfreak | Tuesday, December 19, 2006 at 10:05 AM

Whitlock is one of those intoxicated, belligerent fans ... as well as the spokesman for Overeaters Anonymous.

Posted by: scott | Tuesday, December 19, 2006 at 10:05 AM

i am drunk right now.

Posted by: cochese | Tuesday, December 19, 2006 at 10:29 AM

Anyone know if the two men arrested for "playing ball" were on the Chiefs offense or defense?

Posted by: LonghairedRocker | Tuesday, December 19, 2006 at 04:46 PM

Monday, December 18, 2006

 

More money used to fight DUI's

STATE: A $3.3 million grant aims to raise the conviction rate and lower alcohol-related deaths.


A years-long increase in California traffic deaths from drunken-driving accidents spurred a $3.3 million statewide campaign to reverse the trend, top prosecutors from Riverside, San Bernardino and Orange counties announced Tuesday.

Orange County District Attorney Tony Rackauckas left, and Riverside District Attorney-elect Rod Pacheco unveil a campaign Tuesday against drunken driving called "Make it Home for the Holidays." Traffic deaths from alcohol-related accidents in California hit 1,719 in 2005, accounting for 40 percent of all traffic-related fatalities, the California District Attorneys Association says.
The money, in the form of a grant worth more than $3.3 million, will be used to train prosecutors to more effectively handle driving-under-the-influence cases, Riverside County District Attorney-elect Rod Pacheco said Tuesday.

DUI cases have their own language and expert witnesses, he said.

"On the top of it, most of the time you have newer deputy district attorneys handling those cases, and they need more training and they need more experience," Pacheco said.

Traffic deaths from alcohol-related accidents in California hit 1,719 in 2005, accounting for 40 percent of all traffic-related fatalities, the California District Attorneys Association said.

Recent annual reports from the state Department of Motor Vehicles took note of the rise. The upward trend started in 1999, after more than a decade of continuous decline, the reports note.

The announcement of the grant program was presented as "Make It Home for the Holidays," tying the enforcement effort to the season of social drinking and driving to parties. The three-year program itself is in the fledgling stage, with its five regional traffic-safety-resource prosecutors not yet hired.

San Bernardino County District Attorney Michael Ramos said there has been an increase of driving-under-the-influence cases along with the Inland area's population increase.


Riverside District Attorney-elect Rod Pacheco, left, and San Bernardino District Attorney Mike Ramos say the "Make it Home for the Holidays" program will save lives.
"We have that traffic that goes to Las Vegas ... and that is a huge problem," Ramos said. "People are going there to party, they're coming back from partying, so we really want to crack down in that area."

The most recent statistics in a 2006 DMV report shows Riverside County with a 2003 DUI conviction rate of 86.6 percent, including 7,195 misdemeanors and 227 felonies. San Bernardino's rate was 73.5 percent, with 8,094 misdemeanors and 339 felonies.

The grant's goal is to reach an overall DUI conviction rate of more than 77 percent.

A first misdemeanor DUI conviction can result in a jail sentence and a fine of up to $1,000. Offenders also face suspension or revocation of their driver's license that is independent of the court-imposed penalties.

One of the plans for the grant money is to employ "vertical prosecution" -- using the same deputy district attorney to follow certain types of DUI cases all the way through the system.

Typically, several prosecutors handle cases through the courts.

A DUI defense attorney said the high-volume courts in Riverside, San Bernardino and Orange counties make that part of the plan seem impossible.

"Logistically, it's not going to work," said Craig Sturm, a managing attorney with the Riverside office of The Kavinoky Law Firm. "It is obviously a waste of resources."

Orange County District Attorney Tony Rackauckas suggested that the new campaign has a larger purpose.

"Things will really change when we have a cultural change, when people get the picture that driving under the influence is not acceptable," he said.

http://wwww.sandiegodui.com

Sunday, December 17, 2006

 

The Nevada Supreme Court on Tuesday ruled a doctor's letter recommending medical marijuana is no defense in Nevada DUI case

The Nevada Supreme Court on Tuesday ruled a doctor's letter recommending medical marijuana is no defense in a DUI case.

George Peter Lynard was convicted of two counts of driving under the influence of a controlled substance causing the death of another person. He was sentenced to two consecutive terms of up to 20 years each.

But the district court granted his petition for a writ of habeas corpus, finding his trial lawyer ineffective for not presenting in evidence that Lynard had a California prescription for medical marijuana.

The state appealed, arguing a letter from a California doctor recommending use of marijuana for a medical condition should not be allowed as a defense to Nevada DUI charges.

Justices Nancy Becker, Ron Parraguirre and James Hardesty agreed with Washoe district attorneys and reversed the district court decision.

They pointed out the letter from Lynard's doctor is not a valid California prescription for a controlled substance. And, in any event, they said, it isn't a valid out-of-state prescription.

They also pointed out there is no language in Nevada law which allows drivers who have valid prescriptions to drive while impaired.

"Thus, the fact that Lynard may have legally ingested marijuana in California before the accident was irrelevant to the DUI counts charged under an impairment theory," they wrote.



http://www.sandiegoduihelp.com

Saturday, December 16, 2006

 

DUI Prosecutors in Northern California vow to increase DUI conviction rate

NORTH BAY PROSECUTORS LAUD GRANT TO UP DUI CONVICTION RATE
12/13/06 4:00 PST
SANTA ROSA (BCN)

The district attorneys of Napa, Sonoma and Marin counties announced a statewide effort Tueday morning to increase the conviction rate for driving under the influence and to reduce the number of traffic fatalities.

Sonoma County District Attorney Stephan Passalacqua, Napa County District Attorney Gary Lieberstein and Marin County District Attorney Ed Berberian joined district attorneys across the state this morning to announce a $3.4 million grant from the National Highway Safety Administration to the California District Attorneys Association.

The association will use the grant to finance six regional "resource centers'' and six specialized prosecutors in the state, including Northern California, and a DUI prosecutor mentoring program.

The goal is to improve the statewide DUI conviction rate of 77 percent, the district attorneys said. Some areas of the state have a DUI conviction as low as 70 percent, Berberian said.

The DUI conviction rate in Sonoma, Napa and Marin counties is closer to 90 percent, Lieberstein, Passalacqua and Berberian said. The grant will augment law enforcement agencies' "Avoid campaigns'' to reduce alcohol related traffic fatalities in the state, the prosecutors said.

In 2005, there were 1,719 alcohol-related fatalities in California, the prosecutors said. The current theme of the National Highway Traffic Safety Administration is "Drunk Driving: Over the Limit, Under Arrest.''

The California District Attorneys Association has adopted "Make it Home for the Holidays'' as its slogan.

"When nearly 43 percent of all DUI arrests involving a traffic collision results in an injury or fatality, we need to make a concerted effort to reduce the number of casualties and protect our citizens on the roadway,'' Passalacqua said.

Passalacqua said filing a murder charge in a DUI incident that caused death is a tool prosecutors have to reduce traffic fatalities.

Berberian said 1,492 DUI cases were referred to his office last year and charges were filed in 1,336 cases. In Marin, 35 percent of young people attending parties where alcohol is available wind up driving home, Berberian said.

Three people were sentenced in Marin County Superior Court Monday to county jail time for conspiring to provide alcohol to minors at a Novato birthday party last year. Two men who attended the party died later in a vehicle accident, Berberian noted.

"A lot of parents are in denial,'' Lieberstein said. A generation accustomed to text messaging can organize a party attended by up to 100 people without their parents' consent or knowledge within an hour,'' Lieberstein said.

"The kids are left to police themselves,'' Lieberstein said.

 

DMV issues 7,000 invalid boat numbers

Boaters wishing to be reimbursed for removing and reapplying their CF numbers must file a grievance with the DMV.


SACRAMENTO - As a former Washington Post reporter, Samuel "Sandy" Golden has seen his share of bureaucratic bungling.

That still didn't prepare the now-retired journalist and Del Rey Yacht Club member for a recent missive from the California Department of Motor Vehicles telling him the CF number issued for his Mercury motorized dinghy was in error, thus requiring him to reapply for a new number while removing the previously approved one.

And there are a lot of others in the same boat.

According to DMV spokesman Mike N. Miller, approximately 7,000 California boaters received notice in late November that they'd been erroneously assigned a CF number containing the letter "I," that along with "O" and "Q," are prohibited by the Code of Federal Regulations for Navigation and Navigable Waters as they can be mistaken for numbers.

"The invalid CF number series that ended with 'RI' and 'UI' were ordered by DMV without realizing that they violated federal regulations," Miller said. "The problem was identified and immediate steps were taken to correct it and to bring the program in line with federal law."

And though there's no charge for the new number and the application can be mailed, there's still the time and money involved in removing the old CF number and replacing it with the re-issued one.

Golden thought those costs should be picked up by the state, as it was their mistake. And though there was nothing in his letter regarding reimbursement, a few calls by the former investigative reporter found reimbursement had just been addressed and approved; however actually getting it wasn't a simple matter.

"We realize this error may cause be an inconvenience to those provided with invalid vessel registration numbers and since this program was the DMV's responsibility, we created a reimbursement system to compensate owners as they agree to correct our inadvertent mistake," said Miller, admitting the compensation idea was raised after complaints were received.

Sounds good, thought Golden. However, he and other boaters seeking compensation for the expense of applying or paying someone to apply the number, and now remove and reapply the new CF number, must pay a $25 fee to file a grievance with the Board of Control Claims through the California Victim Compensation.

Golden voiced concern his reimbursement would come at the expense of valid crime victims. Miller said it would not.

"They are one and the same entity and in addition to victim compensation claims, they also process claims with regard to grievances against the state," Miller said. "Grievance forms are referred to the appropriate department for review and approval. If approved, the $25 filing cost and the claim would be reimbursed by the DMV from the Motor Vehicle Account."

Miller directed boaters seeking reimbursement to visit www.boc.ca.gov and go to the "Government Claims" section, which will direct the user to the proper form.

For Golden, the entire snafu is grating.

"Anyone can make a mistake, but I think they were rather ingenuous about it," Golden said. "The letter I got made no mention of compensation for correcting the mistake; I had to find that out after making a few calls. They are not telling boaters unless they ask."

Golden also took umbrage that the DMV form requires boaters to sign "under penalty of perjury" that they will remove the invalid CF number upon receipt of the new one.

Miller predicted the CF number problem will not reoccur.

"A programming request has been requested to omit any CF number configuration containing "I," "O," or "Q" at the end of any vessel registration number during the indexing process," he said. "Programming should completely eliminate incorrect characters from being placed at the end of a designation."

Affected boaters can also call (800) 955-0045 for more information.

 

San Diego DUI / DMV information

San Diego DMV / DUI Hearing



The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.



Friday, December 15, 2006

 

San Diego DUI / Drunk Driving Crackdown: "Operation Full Throttle"

Checkpoints, patrols to monitor sobriety

December 15, 2006

A major effort to prevent alcohol-related accidents and underage drinking over the holidays kicks off tonight with one of the biggest countywide law enforcement operations ever amassed.

Operation Full Throttle runs through Jan. 5 and involves as many as 300 police officers, sheriff's deputies, prosecutors, agents and other officials.
The program, coordinated by the San Diego Police Department, is being financed in large part by a $1.1 million grant from the state Office of Traffic Safety.

The operation will include sobriety checkpoints, roving drunken-driving patrols, underage decoys and enforcement of social host and alcohol sales laws, said San Diego police Officer Mark McCullough of the traffic division.

“This is the first time we have coordinated an effort of this magnitude,” McCullough said. In the past, agencies largely worked on their own during holidays, sometimes at cross purposes, he said.

Over this holiday period, law enforcement will be manning up to six operations through the region on particular nights, often the most dangerous time of the year for alcohol-related deaths.

Statewide over an eight-day holiday period in 2004, the last year in which statistics were available, 83 people were killed and 4,365 were injured in alcohol-related deaths.

In San Diego County, 18 people died during that same period.

Operation Full Throttle has a two-fold purpose: education and enforcement, said Chris Cochran, marketing and public affairs manager for the traffic safety in Sacramento.

“We want people to think twice if they plan to drink and drive,” Cochran said. “If you do, we will be all over you.”

The effort has aside benefit as far as the San Diego Police Department is concerned. The police force, which is about 200 officers short, will have help.

For instance, officers from several agencies may operate a sobriety checkpoint in the city limits. The same pooling would hold true for other jurisdictions.

The effort also includes enforcement of so-called house party laws that target people who have gatherings where underage drinking occurs.

The cities of San Diego, San Marcos, La Mesa, and the county of San Diego recently strengthened their social host laws, which can cost violators thousands of dollars in fines and assessments.

Thursday, December 14, 2006

 

DUI Cop charged in alcohol-related crash injuring 10 folks

An off-duty central Illinois police officer honored two years ago for cracking down on drunken driving has been charged in an alcohol-related crash that injured 10 people.

Greg Heiken, 37, a 13-year veteran of the El Paso police department, was charged Tuesday with driving under the influence of alcohol, aggravated DUI and failure to reduce speed to avoid an accident.

Heiken, honored by the Illinois Department of Transportation's traffic safety division in 2004 for making the most DUI arrests in Woodford County, faces up to three years in prison and could lose his job if convicted of the felony aggravated DUI charge.

He was released Tuesday after posting $1,000 bond and is scheduled to appear Jan. 18 in Tazewell County court.

Authorities say Heiken was driving a truck that rear-ended a sport utility vehicle Monday night on Illinois Route 116 in East Peoria, triggering a chain-reaction crash that injured 10 people.

Two people had to be extricated from their vehicles, but none of the injuries were life-threatening, authorities said. Traffic was diverted for about three hours around the crash scene, near the Par-A-Dice riverboat casino.

In a court affidavit, Heiken admitted to striking a car, but denied starting the crash.

Heiken admitted drinking at the Par-A-Dice, but refused blood-alcohol testing, according to the affidavit. Blood was taken against his wishes because people were injured in the accident, but test results were not available.

Heiken's wife - contacted at the family's home in El Paso, about 20 miles north of Bloomington - said her husband was advised not to comment on the accident.

"There will be no comment," she said. "It's not something we want to discuss all over the town."

El Paso Police Chief Jeff Price said he will consult city officials about possible discipline for Heiken, who he said began a two-week vacation Sunday.

"I'm totally shocked," Price said. "The department is in shock. One of our guys made a bad decision on what to do ... Our thoughts and prayers go out to the people involved."

 

San Diego DUI / Drunk Driving - The $10,000 + DUI

DUI: The $10,000 ride home

A fine is just the start of what you'll pay for a drunken-driving conviction. Insurance-rate increases, legal bills, alcohol treatment and licensing fees can push the cost into five figures.

If you need any more reasons not to drink and drive, consider this: A driving-under-the-influence conviction is a financial wrecking ball. A typical DUI costs about $10,000 by the time you pay bail, fines, fees and insurance, even if you didn't hit anything or hurt anybody.

The penalties are intended to be discouraging. Alcohol played a role in nearly 40% of U.S. automobile fatalities in 2005. That's 16,885 deaths, a figure nearly unchanged over the past decade, according to the National Highway Traffic Safety Administration.

But states are cracking down. The last of the 50 states have lowered their thresholds for DUI to 0.08% blood-alcohol content. Police arrested 1.37 million people last year for driving under alcohol's grip, about one in every 140 licensed drivers, the FBI says.

But forget the humiliation and hassle for now. Forget the toll on lives. Just look at what a DUI does to your wallet:

Bail. You'll have to shell out bail to get released after your arrest. Cost: $150-$2,500.

(Costs shown in this article are for first-time DUI offenders. Costs and penalties are often more severe if you're a repeat offender or your blood-alcohol content is above 0.15%.)


Towing. When you're arrested, your car gets towed. In some places, retrieving it costs only $100 or so. But Chicago, sensing a moneymaking opportunity, ensures it really hurts: The city charges about $1,200 for the first 24 hours and $50 for each additional day of storage, says Chicago DUI defense attorney Harold Wallin. If you can't afford to get your car after 30 days, the city auctions it and then comes after you with a civil judgment for the impoundment bill, if the car's sale didn't cover the fees. Some cities around Chicago are doing the same, Wallin says. Cost: $100-$1,200.

Insurance. One of the biggest hits a drunken driver takes is in his insurance premiums.

"If you get a DUI conviction, it will likely affect your insurance rates for (at least) the next three to five years," says Carole Walker, the executive director of the Rocky Mountain Insurance Information Association.

How much? "They could double, triple, even quadruple," Walker says. Some companies such as State Farm Insurance will move you to a portion of the company that handles higher-risk policies.

But "many insurance companies will drop you even upon arrest, regardless of conviction," says Steven Oberman, a Knoxville, Tenn., DUI attorney. And if your policy isn't renewed, you'll have to try to find insurance someplace else or see whether your state has an assigned-risk pool for insurance. Either way, you'll pay for it. For example: Illinois estimates that the high-risk insurance costs an additional $1,500 a year for three years, on average.

The roadside embarrassment is just the start. Watch out for the hidden cost of a traffic ticket. Don't pay the price if you don't have to. Click here to play the video.


Why three years? Most insurance companies look at records for at least three years and sometimes for five years, Walker says. To begin rebuilding your reputation in an insurer's eyes, you have to keep your nose completely clean -- no speeding tickets or other traffic citations.

But the financial impact of that DUI doesn't end after three years: You'll likely have to go as many as five more years, incident-free, to get back to the "preferred" status with the lowest premiums that you perhaps once enjoyed. In short, "it can be up to eight years afterward" that the DUI can affect you, Walker says. Ouch. Cost: $4,500 or more.

Legal fees. Attorneys might charge as little as $500 to enter a quick plea. But with so much at stake, many people accused of DUI fight the charge. That's when things start to add up.

Attorney Oberman says legal representation can cost anywhere from $2,500 to $25,000, depending on the rigor and complexity of the defense. But that's not the only fee. Oberman says a vigorous defense sometimes requires hiring an investigator ($1,000 to $3,000) to examine the arrest scene to poke holes in the arresting officer's story. There may be a need for expert witnesses who can testify about the accuracy, or lack thereof, of field sobriety tests ($3,000 and up). Usually, attorney Wallin says, fees are a few thousand dollars for a trial on a first-offense case, although they can climb to $7,500 or more with some lawyers. "A lot of times, my fees are some of the smallest expenses that people have to worry about," given all the other costs, he says. Cost: $2,000-$25,000.

Fines. Fines and court fees for breaking the law range from state to state, from a minimum of $300 in Colorado and $685 in Washington to as much as $1,200 in Illinois. "The fines have gone up dramatically over the last few years in Illinois," says Wallin. "A few years ago in Chicago, the typical DUI fine was about $300 on the first offense. And now it's $900 to $1,200." Cost: $300-$1,200.

Alcohol evaluation. An evaluation is usually required of anyone who is sentenced by the court for drunken driving. Cost: $181 in Colorado, for example.

Alcohol education and treatment. If you're convicted, you usually have to undergo an education or treatment program, especially if you want to get your license again. Treatment can vary hugely in scope and extent. Cost: $350-$2,000 for basic treatment.


License reinstatement fees. Once a driver has shown, by completing courses and treatment, that he deserves his license back, the state charges him for the reissue. Cost: $60-$250.

Additional fees. Colorado, for example, will slap you with myriad other fees:

$10 jail filing fee.

$78 Victim Assistance Fund payment.

$25 Victim Compensation Fund payment.

$90 for the Law Enforcement Assistance Fund.

$15 Brain Injury surcharge.

$25 Victim Impact Panel assessment.

If you had been particularly drunk, a judge might order that an ignition lock be placed on your car to test your breath and prevent your car from starting if you're intoxicated. In Tennessee, for example, this costs $65-$70 a month. Cost: $308 and up.

The unexpected and sometimes unquantifiable costs
Finally, there are several other costs that you need to remember:

Life-insurance-premium increases. With a DUI arrest or conviction, you could see an increase in your life-insurance bills because insurers may ask if your license has ever been suspended.

Lost time = lost money. People who've gotten DUIs report missing a lot of work (and therefore losing a lot of income) dealing with their mistake, as a result of court dates, community service and sometimes a jail sentence. That doesn't even count the lost free time.

Lose the license? Lose the job. For many people who need to drive to and from their jobs -- much less those who drive for their jobs -- losing a license can be devastating. And here's a shocker: In several states, including Washington, your license may be suspended for 90 days simply upon your arrest for DUI, regardless of whether you end up being convicted. If you're convicted, your license can be revoked for a year, or longer in other states, until you complete all the court's requirements and pay all fines.

No drunks in the cockpit or the ER. If you're a doctor, stockbroker, airline pilot, lawyer or nurse, a DUI conviction could affect the status of your professional license, Oberman said.

It's not good for the résumé. A DUI lingers on your criminal record for employers to see if they do a background check, harming your future job prospects. In Washington state, a DUI conviction also stays on your driving record for 14 years, and an employer can ask for and receive that information.

Adding it up
So in the end, how much does a DUI cost?

The STOP-DWI Office in Erie County, N.Y., estimates that a drunken-driving conviction there costs $9,500 -- if no one is injured and there's no accident. Colorado estimates about the same thing.

Illinois' secretary of state pegs the amount closer to $10,600 but says the figure would be nearly $15,000, on average, if people counted the lost income from all the hassles.

Any way you slice it, it's a pricey mistake.

But the biggest thing that's lost isn't money, Oberman says. "The biggest thing here is the stigma that you get. Everybody looks at you and says, 'Yeah, he's the drunk driver.' And the stigma doesn't have a financial cost. But the stigma does have both a social cost and an employment cost."

The deadliest states for DUI Location % Fatalities DUI-related Location % Fatalities DUI-related
Washington, D.C.
54.17%
Maryland
38.27%

Hawaii
50.71%
Wyoming
38.24%

Rhode Island
49.43%
Ohio
38.17%

Montana
49.40%
Alabama
37.40%

Delaware
49.25%
Michigan
37.29%

Alaska
48.61%
Nevada
37.24%

North Dakota
47.15%
New York
36.67%

Washington
45.44%
Virginia
36.64%

Wisconsin
45.28%
Tennessee
36.54%

Texas
44.78%
Oregon
36.27%

Connecticut
43.80%
New Hampshire
36.14%

South Dakota
43.01%
Minnesota
35.96%

Illinois
42.62%
Arkansas
35.96%

South Carolina
42.45%
North Carolina
35.79%

Arizona
41.80%
Oklahoma
35.29%

Florida
41.52%
Kansas
35.28%

Louisiana
41.26%
New Jersey
35.16%

Missouri
40.97%
Maine
34.91%

Colorado
40.26%
Indiana
34.12%

Mississippi
39.85%
West Virginia
33.69%

Vermont
39.73%
Nebraska
32.97%

California
39.71%
Idaho
32.36%

Pennsylvania
39.36%
Kentucky
31.78%

U.S. average
38.87%
Georgia
31.52%

New Mexico
38.73%
Iowa
26.22%

Massachusetts
38.69%
Utah
13.12%



Sources: Coalition to End Needless Death on Our Roadways and National Highway Traffic Safety Administration

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Wednesday, December 13, 2006

 

San Diego DUI - DUI filings up

Orange County and maybe Statewide DUI filings expected to jump

A $3.6 million federal grant aims to help California curb drunken driving.


Drunken driving cases in Orange County are expected to rise nearly 18 percent from 2005 as drivers ride a wave of candy-flavored martinis and fruity coolers.

Law enforcement officials say drinking has become more socially acceptable with sweet bar concoctions and fewer public awareness campaigns extolling the virtues of staying dry compared with the 1980s.

"People's drinking habits have seemed to go up more than it was 20 years ago," California Highway Patrol spokesman Tom Marshall said. "You see all these drinks nowadays, like flavored martinis. Drinking is more acceptable."

Federal officials are pumping $3.6 million into reducing drunken driving and deaths caused by inebriation. California prosecutors announced the grant Tuesday as part of a campaign coined "Make It Home for the Holidays."

The grant from the federal Office of Transportation Safety will be split among five regions in the state, according to the California District Attorneys Association. In each region, there will be a prosecutor focusing solely on training other prosecutors to handle DUI cases better, with the goal of reducing such cases.

"If I were an offender, this would send a message to me that the judicial system is taking the issue of drunk driving seriously," said Paula Birdsong, state spokesperson for Mothers Against Drunk Driving.

Prosecutors filed 14,530 drunken driving cases in 2005 in Orange County. That number is projected to increase to 17,122 this year.

Statewide, 77 percent of all DUI arrests lead to convictions. David LaBahn, the association's executive director, said the goal is to increase that rate.

CHP arrests have edged up a 0.5 percent from January to November 30, compared with the same time last year, Marshall said. In 2005, there were fewer deaths on highways statewide than the year before –1,025 compared with 1,147. Deaths for 2006 were not immediately available.

In Orange County, two court-related programs target DUI offenders. A popular program is DUI Court in Harbor Justice Center in Newport Beach. Instead of going to jail, repeat offenders plead guilty, go to group therapy and have random drug testing.

LaBahn said Orange County is only one of two counties statewide to implement such a court. He said he hopes other state courts would start similar programs.

http://www.sandiegoduilawyer.com


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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 FREE SAN DIEGO DUI "EVALUATION FORM" http://www.sandiegodui.com/survey.html


http://www.sandiegodui.com


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Tuesday, December 12, 2006

 

San Diego DUI news: San Diego DUI DA will stop San Diego Holiday drunk driving

SAN DIEGO -- San Diego County District Attorney Bonnie Dumanis joined about 40 of her counterparts from throughout the state Tuesday in launching a first-of-its-kind coordinated effort to combat drunken driving during the holidays.

Dubbed Make it Home for the Holidays, the campaign will be funded by a $3.3 million grant awarded to the California District Attorneys Association by the Office of Traffic Safety.

"Drunk driving has got to stop," Dumanis said. "And beginning Tuesday, the DAs across the state are united in getting this point across."


California has one of the highest DUI fatality rates in the nation, Dumanis said.

So far this year in San Diego County, prosecutors have charged nearly 11,000 people with driving under the influence, she said.

About 1,000 of those cases were charged as felonies because someone was injured or killed, Dumanis said.

She said the death toll so far this year in San Diego County as a result of DUI-related accidents stands at 16.

"Sixteen innocent people are gone because of someone else's selfish decision to drive while they're drunk," Dumanis said. "And we know the number will increase because, unfortunately, drinking and driving is way too common during this holiday season."

The three-year grant for the OTS will provide for better prosecutorial training statewide to help increase the DUI conviction rate, Dumanis said.

"This grant will allow us to better ensure that the drunk driver who causes serious injury or kills someone will be prosecuted and convicted," Dumanis said. "When a drunk driver kills someone, other lives are destroyed. Every family member, every friend, every loved one is touched by this preventable crime."

Luann Howard, whose 14-year-old nephew, Marchello Howard, was killed by an impaired as he walked along a road two years ago, told reporters that the victim's life was taken in a split second by a repeat DUI offender

"You can't prepare yourself for this," she said.

The defendant was convicted and sentenced to 15 years to life in prison, but the victim's family received a "life sentence," Luann Howard said.

"This guy gets to see his family, spend time with his kids, but we get to go to the cemetery," she said. "How fair is that? It's not."

Howard said drunken driving is a crime that is 100 percent preventable. "So please, if you drink, don't drive," she said. "Save a life. It just might be your own or someone you love."

Dumanis said more needs to be done to increase penalties for first-time drunken drivers. Under current law, a person could be convicted of three misdemeanor DUIs before the crime becomes a felony, she said.

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Monday, December 11, 2006

 

DUI news: Judge driving with beer-pouring boss charged for DUI

An Illinois judge driving with his boss was charged with drunken driving after a wreck that sent another motorist to the hospital, and the other judge was seen by an officer pouring out a can of beer, police said.

St. Clair County Circuit Judge Patrick Young, 58, was handcuffed and arrested and charged with drunken driving after crash Dec. 3, about 20 miles from St. Louis. He refused a sobriety test, authorities said.

Another officer, Jeffrey Sheary, reported seeing Young's passenger, Chief Judge Jan Fiss, 64, pour out an open beer can on the road and try to hide it in his coat.

It was not immediately clear Thursday if Fiss had been charged.

In his report, Belleville, Ill., police Patrolman Shane Brown said Young was apparently turning left in his sport utility vehicle when he entered the path of a pickup truck. Its driver, Abel Muhammad, 39, was trapped in the wreckage and later hospitalized complaining of a broken leg.

Brown reported detecting "a strong odor of an alcoholic beverage" on Young's breath. He wrote Young "also had glassy, red bloodshot eyes."

Young's attorney, Clyde Kuehn, said Thursday his client was "absolutely within his rights" to refuse a field sobriety test and a Breathalyzer test, saying the tests have proven unreliable.

Refusing a blood alcohol test leads to a six-month license suspension in Illinois. The misdemeanor DUI count carries a maximum punishment of a year in jail and $1,000 in fines, Kuehn said.

Young was released after posting his driver's license and $100 as bond.

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Sunday, December 10, 2006

 

San Diego DUI Lawyer: Warrior fights for Client's Rights!

A Carlsbad Warrior, San Diego County lawyer Richard Duquette, launched a legal fight in Superior Court on behalf of a woman who wants to exercise her right not to be present at a San Diego DUI misdemeanor trial.

Christina Harris, an Arizona college student, was vacationing in San Diego County in July when she was arrested and charged with a DUI offense.

Warrior Duquette argues that California law grants his client the right to be absent from her upcoming trial on a misdemeanor charge of driving under the influence of alcohol.

Attorney Richard Duquette is seeking to defend Christina Harris, a senior at Arizona State University, without her ever seeing the inside of the courtroom. Making Harris travel to the Vista courthouse for a trial expected to last three days would be a financial hardship on her, Duquette said.

Aside from travel, food and lodging costs, Harris, 22, also would lose income from her job as a pet sitter in the Phoenix area.

Under California law, defendants can be ordered to appear in misdemeanor cases only if the judge finds a “proper purpose” exists for their presence, said Shaun Martin, a law professor at the University of San Diego. An example would be a defendant with a history of not showing up in court, Martin said.

Duquette argues that judges at the Vista courthouse enforce a “blanket policy” of ordering all misdemeanor defendants to appear at trial, which he claims is a violation of their constitutional rights.

A ruling in Harris' favor could impact the estimated 22,000 misdemeanor defendants who request a trial in San Diego County annually. Misdemeanor cases are crimes with a maximum punishment of one year in county jail. If convicted, most first-time offenders, such as Harris, are spared jail time.

The appellate division of the Superior Court has ordered court officials to respond to Duquette's challenge by tomorrow, and has scheduled oral arguments for Friday. Court officials would not discuss any details of the case.

“The court is currently reviewing this case,” Michael Roddy, executive officer of the court, said in a written statement. “However, because this is a pending case, the court cannot comment on the issues raised by the defendant.”
Duquette said in an interview that he was preserving his client's rights.

“This is not about convenience. This is about violations of the law,” he said. “You can confront your accuser through your attorney.”

Martin, the USD law professor, says the issue has merit.

“You can appear through counsel unless the judge tells you otherwise,” Martin said about the current state of the law. “Whether or not it's the right policy call, that's another question.”

Harris was vacationing in San Diego County on July 2 when she was stopped by a California Highway Patrol officer about 2 a.m. on Carlsbad Boulevard near Carlsbad Village Drive.

She was arrested and charged with driving under the influence, and is accused of driving with a blood-alcohol level of .10 percent, above California's legal limit of .08, according to court records.

Harris, a chemistry major who wants to pursue a career as a crime scene technician, hired Duquette to fight the charge. She says she is not guilty, and is concerned a conviction would hurt her career aspirations, Duquette said.

The issue came to a head Nov. 9 when Duquette appeared before Judge K. Michael Kirkman and said he was ready to go to trial without his client present.

Court papers from a Sept. 8 hearing show that Judge Richard E. Mills ordered Harris to appear for her trial, but Duquette argued that the judge did not make that order and cited a tape recording of the hearing as proof.

Deputy District Attorney Matthew Tag said it was Mills' “practice” to order misdemeanor defendants present for trial, according to court records. Tag also said he had to prove Harris was the person behind the wheel and she needed to be present to do that.

“If jurors are taking time out of their lives to . . . stand in judgment of the defendant, I believe it's only appropriate . . . that the defendant be present and participate in the process,” Tag told the judge, according to court records.

Tag did not return phone messages last week seeking comment.

Kirkman issued a warrant for Harris' arrest for violating a court order, but held it to allow Duquette to pursue his challenge.

Duquette argues in court papers that identity is not an issue because he is willing to admit his client was driving.

Further, Duquette wrote, it is clear Mills did not order Harris to appear for her trial and it would be illegal to enforce a policy requiring all misdemeanor defendants to be present at their trials.

Such a policy may discourage defendants from fighting the charges, the lawyer said in an interview.

“It is an oppressive tactic to force people to plead guilty,” Duquette said. “She has the choice. It's her case. It's her right to give up.”

If Harris is convicted, she may have to appear in court. Effective Jan. 1, a new law gives judges the option of ordering a defendant convicted of driving under the influence to appear for sentencing.

That law appears to support Duquette's challenge, said Martin, the USD professor.

“Some judges do have unwritten rules like that because if it was a written rule, then it would be improper,” Martin said. “The (challenge) takes a very reasonable position, given the wording of the statute.”

Experts say being convicted of drunken driving can cost tens of thousands of dollars in legal fees, court costs and fines.

Duquette said Harris paid for his initial appearances on the case, but has run out of money. Duquette said he agreed to continue working for free because he believes strongly in her case, but he is asking the court to award him attorney fees for his work on the challenge.


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Saturday, December 09, 2006

 

San Diego DUI Holiday crackdown

SAN DIEGO COUNTY ---- San Diego County sheriff's authorities are asking drivers to call 911 if they spot drunk motorists as a way to help deputies minimize alcohol-related crashes and deaths this holiday season.

The effort is part of the statewide "Don't Spend Your Holidays With Us" campaign, which is funded by a $500,000 grant from the state Office of Traffic Safety and provides increased sobriety checkpoints and patrols, traffic coordinator Lt. Alex Dominguez said.

The enforcement coincides with a national DUI crackdown and takes place throughout the month at all sheriff's contract cities, including Vista, San Marcos, Poway and Encinitas.


Authorities are taking a "different perspective" on DUI enforcement and asking motorists to watch for signs of drunken driving, such as drivers turning illegally, weaving or braking erratically, Dominguez said.

"Awareness goes a long way in preventing these types of incidences," he said.

Authorities will also suspend the DUI quick-release program, meaning that suspected drunk drivers will be jailed until their court date or until they post bail, he said.


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San Diego County DUI checkpoint news / San Diego Drunk Driving Update

SAN DIEGO - Eight people were arrested for either driving under the influence or drug possession in a San Marcos sobriety checkpoint that ended Saturday, the sheriff's department announced.

The checkpoint was conducted from 7 p.m. yesterday to 1 a.m. Saturday at 300 S. Twin Oaks Valley Road, said Sgt. C. Hensley.

Out of 1,172 vehicles that passed through the checkpoint, 363 were inspected.

That resulted in four people being arrested for DUI, four for drug possession, 28 citations issued for various offenses and 10 vehicles being stored because of license or registration violations.

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Wednesday, December 06, 2006

 

Huntington Beach police have stopped hiding guns in cars of people pulled over

Huntington Beach police have stopped hiding guns in cars of people they pull over — a way to test how rookie officers search a suspect's vehicle — because "it's probably not the way we should be operating," a department spokesman said Tuesday.

The training practice was revealed when a driver who was stopped Jan. 3 on suspicion of hit and run complained that an officer had tossed a loaded handgun into the trunk of his car. The pistol was discovered by a rookie officer who searched the car while the driver, Tom Cox, watched.

Cox, a construction superintendent, said he was standing about eight feet away when Officer Brian Knorr walked up, opened the trunk and tossed in a snub-nosed revolver with a rubber grip.

"It bounced off the bottom, hit the back of the trunk, then the left side and came to rest toward the back," said Cox, 45. "Knorr then closed the trunk, and this young kid comes along later and searches the trunk and finds the gun."

Cox said he was terrified that the officers had planted the weapon.

"I knew that wasn't proper procedure," he said. "They later said it was a training exercise, but I believe they were playing a prank on the young kid or me."

In November, he was convicted of reckless driving, DUI and hit and run. He will be sentenced next week.

Cox said his father was a San Diego reserve officer for 17 years, and he considered himself "pro-law enforcement."

Police spokesman Lt. Craig Junginger said that in August, Cox filed a complaint with the department against Knorr and another officer. Using a loaded handgun in the exercise is against department policy. Knorr, a senior officer, was cleared because "training officers didn't fully understand the policy against using loaded weapons," Junginger said.

The OC Weekly first reported the incident last month.

Junginger said that although he had been a Huntington Beach officer for 20 years, he was unaware of that type of training exercise.

He said he learned that trainers typically used unloaded guns and that this was the only time a loaded pistol was used. Chief Ken Small put a stop to the practice last week, the spokesman said.

"It might just be a few officers doing this type of thing," Junginger said. "How long it's been going on, we don't know. Obviously, it was brought to our attention by the complaint filed by Cox. We conducted an investigation and found it's probably not the way we should be operating."

Retired Los Angeles Police Officer Bob Stresak, now spokesman for the California Commission on Peace Officer Standards and Training, said hiding firearms, especially loaded ones, in civilian cars was not included among the training courses offered by the group, which sets the training standards for more than 600 law enforcement agencies and 90,000 officers.

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San Diego DMV (San Diego DUI arrest)

San Diego DMV / DUI Hearing



The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.



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Tuesday, December 05, 2006

 

Complete San Diego DUI / Drunk Driving / DWI attorney / lawyer information

Complete San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI.



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Monday, December 04, 2006

 

San Diego DMV Hearings (following a San Diego DUI arrest)

San Diego DMV / DUI Hearing



The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.



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Saturday, December 02, 2006

 

San Diego DUI - Misbehave at your holiday party using alcohol

Misbehave at your company’s holiday party and you could be out of a job. Gone are the days when bad and outrageous behavior at company parties is forgiven or overlooked. Now you have to be very, very careful or you could get fired.

How to ensure employees don’t step over the line: good question. The contracting economy, depressed housing market and stress at work are going to drive people to the open bar more than ever.

Alcohol is the primary fuel that gets people going in the wrong direction; heading for disaster with their co-workers or even worse, their boss!

Visual stimulants play a significant role. Most people dress up for the party, striving to look their finest, which also includes looking as ‘hot’ as they can. Add alcohol, tight clothing, and a little dance music to the recipe, shake, and stir - then watch the sparks fly!

List of the top five holiday behaviors that could get you fired:

1. SPEAKING TRUTH UNDER THE INFLUENCE: Drinking so much alcohol that you proclaim – at the top of your lungs to all that will listen - what you really think of your company’s management;

2. PUBLIC LASCIVIOUSNESS. “Hitting on” your subordinates, your colleagues and/or your boss, their spouses or significant others in view of other partygoers;

3. SNEAKING OFF. Heading for a “private place” with your boss’ spouse or significant other; someone is bound to notice and spill the beans;

4. PUBLIC NUDITY. Revealing or barely covering your “unmentionables” while dancing;

5. DUI. Drinking, driving and getting arrested for DUI and/or getting into an auto accident.


Identify some people to be the ‘adults’ at the party.

These ‘adults’ should be given the authority to handle any ugly or inappropriate behavior as quickly and discreetly as possible. Give out two drink coupons per person and instructing bartenders to keep a close eye out for inebriated guests.

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