Wednesday, January 31, 2007
Top Nationwide DUI Expert witnesses
Expert Witnesses for DUI/DWI Cases
1. Top Expert in the Country: Mary McMurray. Blue Mounds, WI. Chemistry degree. Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech. Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110. Expert on preliminary breath testing devices. Expert on software applications for breath instruments. Also former SFST instructor in 1980s and early 1990s. Mary’s e-mail: ethosinc@aol.com and home phone: 608-437-5344; cell: 608-772-1055.
2. Jay Zager of Ft. Lauderdale, FL. Ex-cop in Broward County. Medical retirement after 15 years. CMI factory trained on BOTH the Intoxilyzer 8000 and 5000. Repair technician approved by factory. Also, NHTSA SFST Instructor. E-mail: JayHZager@aol.com. Phone: (954) 709-0033; FAX (954) 752-9788.
3. Robert (Bob) LaPier, (208) 754-4632, (800) 257-4643, SFST Instructor. Ex-cop who has trained thousands of cops on SFSTs. DRE instructor. Accident reconstruction. Intoxilyzer 5000 maintenance and instructor certified. www.LaPier.com.
4. Steve Rubenzer, Houston, TX; steverubenzer@sbcglobal.net; website is www.SteveRubenzerPhD.com; 11914 Astoria, Suite 490, Houston, TX 77089; Ph: 281-481-5715, Fax: 281-922-5903. Bachelors of Science, Psychology, University of Wisconsin, Oshkosh, 1981; Master of Science, Clinical Psychology, University of Houston, 1984; Doctor of Philosophy, Clinical Psychology, University of Houston, 1990; Licensed Psychologist in Texas since 1992. SFST Instructor. ABPP Diplomate in Forensic Psychology (one of 220 in USA), American Board of Professional Psychology.
5. Walden, Platt & Associates – Bryan, TX - Two Master Police Trainers (Troy Walden and Lance Platt) with Ph.D. degrees; retired from police work as NHTSA & IACP DRE and SFST trainers of the trainers; also handle in-depth police investigation and analysis of DUI/DWI case files and are available for testimony in court proceedings. www.waldenplatt.com. (979) 822-3060; fax: (979) 822-3061. troy@waldenplatt.com or lance@waldenplatt.com. Supervise SFST Student and Instructor Courses across the USA.
6. Bob Awtrey – LaGrange, Georgia; Accident Reconstruction Specialist, 706-645-1643 or 706-773-5250 [cell]; 706-663-4081 [fax]; 706-663-4018 [home] (former mathematics teacher and then 20 years with Georgia state patrol; taught reconstruction for Georgia officers in statewide program). Website address: www.southeasternsafetyassociates.com; E-mail: bawtrey@bellsouth.net
7. Stefan Rose, MD, Physician trained in General Psychiatry, Clinical Pathology and Forensic Toxicology, 10130 Northlake Blvd., Suite 214, #300, West Palm Beach, FL 33412, 561-795-4452, fax 561-795-4768, pager 800-555-6449; toxdoc1@bellsouth.net; expertise in drugs, especially cocaine, plus expert on Intoxilyzer 5000, drug dog expert.
8. David Stafford, Ph.D. Memphis, TN; Toxicologist (formerly with University of Tennessee Medical School over 30 years, now retired); Breath, Blood, Urine, SFST. Drugs, alcohol, arson investigation. Call at home 901-726-4876.
9. Pat Demers, Retired Pharmacist and Masters in Forensic Science. Formerly ran crime lab in Massachusetts. Currently resides in Maine. Phone 207-636-2908; Cell 207-459-0981; E-mail pmdemers@earthlink.net; 124 10th Street, Acton, ME 04001 (207) 636-7840
10. Rick Swope – Davie, FL- SFSTs, Accident Reconstruction, Engineer - 8211 SW 28 Street, Davie, FL 33328 Office: (954) 476-7640; Fax: 954-476-9224 . Masters Degree, Engineering; ex-cop and ex-DUI task force officer. SFST Master Instructor. swprcn@aol.com; www.swoperecon.com.
11. Edward F. Fitzgerald, JD, Mesa, AZ; wrote book on Intoxication Test Evidence, 480-699-9334; 480-688-0831, general information on breath test principles and blood/urine testing. E-mail at: ed@edwardffitzgerald.com. www.edwardffitzgerald.com.
12. Dr. Michael Hlastala, Ph.D., breath testing device expert, Professor of Lung Physiology and Biophysics and of Medicine, Seattle, Washington, (206) 543-3166; fax: (206) 685-8673; voice message (206)-685-8436; mphlastala@comcast.net; home: (425) 742-7811 (425) 280-7319 (cell). Practicing since 1969, with over 350 published articles or books. www.mphlastala.com.
13. Dr. James Woodford, Ph.D., Chemistry, Chattanooga, TN; jameswoodford@comcast.net or woodford@mindspring.com, 423-821-1146 or 423-432-2606 (cell); breath, blood, urine, drugs or alcohol. Also, attended my first SFST student course in 1994. http://www.mindspring.com/~woodford
14. Harvey Cohen, Ph.D, C.I.H., Cambridge Technical Associates, PO Box 920113, Needham, MA 02492, (781) 449-4335, fax# (781) 449-1539, Co-Author of Harvey M. Cohen & Joseph B. Green, APPREHENDING AND PROSECUTING THE DRUNK DRIVER (Matthew Bender 2002). harveycohen@alum.mit.edu.
15. Dr. Robert Middleberg, Pharm. D., Ph.D., 3701 Welsh Road, Willow Grove, PA, 215-657-4900; fax: 215-657-2972. Intoxilyzer 5000; pharmacology issues, toxicology. He currently directs the Forensic Toxicology unit of National Medical Services, as well as serving as a laboratory director. He previously served as the Director of Expert Services for NMS, and coordinated medico-legal issues for courts, attorneys, etc.
16. Charles E. Smith, DUI Consultant, Ex-cop (23 years) with Factory Maintenance and Repair Training by CMI (40 hours); over 30 years of O-T-J training; SFST Instructor; DRE Instructor; plus has been court qualified to do retrograde work as a toxicologist in Florida (from job training, not educational degrees). SFST Instructor Training in 1983, plus has taught DRE course; 772-286-5761 & 772-286-6732 (fax); duiexpt@bellsouth.net.
17. Francis Gengo, Pharm.D, Ph.D., Pharmacology; Toxicology; 64 Dan Troy Dr., Williamsville, NY 14221-3550, (716) 634-0915. See web information at http://www.dentinstitute.com/document_26_4.html. Dr. Gengo currently serves as an Associate Professor of Pharmacy and Neurology and a Clinical Assistant Professor of Neurosurgery at the SUNYAB School of Medicine.
18. Steven W. Rickard, Accident Reconstruction Expert & Animation of Accidents, Prior PA State Trooper with over 30 years total experience; 1644 Whitley Drive, Harrisburg, PA 17111, (717) 540-3451 or 3457.
19. William C. Fischer, Endicott, NY, 607-785-5766; fax: 607-748-8404, Accident Reconstruction and Vehicle Fault Expert.
20. David Sweeney, Conway, SC; Pharmacokinetics, Pharmacology, Infrared Breath Testing (BAC Datamaster and basic issues for Intoxilyzer 5000); effects of EITHER alcohol or drugs-- prescribed and non-prescribed (contraband) – 843-241-3108 (cell); 843-347-0352 (work); 843-365-7201 (home). E-mail: davenorm1945@aol.com
21. Tony Corroto, 17 years of police work with Atlanta PD – Master Instructor of Instructors in BOTH SFSTs and DREs – Oversaw breath test program & ran over 10,000 Intoxilyzer 5000 breath tests – Web site: http://www.duiexpertwitness.com; E-mail: tcorroto@comcast.net; Phone: (404) 906-2153; Fax: (770) 693-9852.
22. Lawrence Masten, Ph.D in Toxicology, Board Certified in Toxicology; 873 West Bay Drive, 186, Largo, FL 33770, 727-595-6575; fax: 727-595-0785; toll free: 866-329-9262; lwten@sprintmail.com. Handles collection, transport, storage, and analysis of legal and hospital blood for BACs & the interpretation of BACs and factors that affect BAC readings and/or blood/urine drug levels. 33 years experience.
23. Dominick A. Labianca, Ph.D., Department of Chemistry, Brooklyn College of The City University of New York, Brooklyn, NY 11210; 718-951-5458 or home: 516-489-3247. Expert in blood, urine, proper testing, conversion from serum to whole blood.
24. Dr. Alfred E. Staubus, Pharm.D., Ph.D., (614) 451-1406 (phone), (614) 451-1407 (fax) (Alcohol and drug issues; blood, breath or urine testing). E-mail: staubus.2@osu.edu. 1015 Kenway Court, Columbus, OH 43220.
25. Dr. David Schneider, Pharm D., BA in Biology; Practicing Pharmacologist for 30+ years, Royal Oak, MI; 313-577-1579; fax: 810-545-2475
26. William Giguiere; B.S. in Zoology, with minors in chemistry and political science; grad studies in marine biology; masters in secondary education to teach biological and physical sciences; graduate studies in toxicology, pulmonary functioning and respiratory therapy and in alcohol studies; presently works at Park-Gilman Clinics, Inc. Burlingame, CA 94010; 650-259-7564 or fax: 650-259-7952.
27. David (Dave) Fries – Live Oak, FL; Intoxilyzer 5000, SFST Field Testing (Instructor) - 386-344-1770 cell; 386-658-3464 work; 386-658-2687 fax; fries@alltel.net. Ex-cop with extensive experience on the Intoxilyzer 5000.
28. Kenneth Glaza, K & R’s Recording Studio, Inc., http://www.knr.net/, V:(248)557-8276 F:(248)557-0441, forensic audio or video enhancement or filtering, plus other engineering services. See vita: http://www.knr.net/vita2.htm
29. Bill Taylor – Standardized and Non-Standardized Field Testing and Intoxilyzer 5000- 770-534-1501. E-mail: taylorbm@aol.com. Ex-cop (27+ years) who has trained in excess of 3000 instructors and students on SFSTs. Retired Police Captain, in charge of the DUI task force. Formerly headed up State of Georgia original training on NHTSA SFSTs & alcohol/drug training for 3 years, after retirement as cop in 1991.
30. Dr. Terry Martinez, Toxicologic Associates Inc., 6614 Clayton Road, #107 Richmond Heights, Mo 63117; Ph: (618)- 345-0786; (618) 367-8700; ext. 1404. Holds Ph.D. in Pharmacology. He is also an expert on methamphetamine manufacture cases.
31. Jerry W. Bush, MD, medical degree, University of Alabama; B.S. in Pharmacy, Auburn University (1st in Class); Board Certified in Internal Medicine; background in pharmaceutical research; certified independent medical examiner; presently in private medical practice south of Atlanta; P.O. Box 39, Williamson, GA 30292;
32. Gil Snowden, Brick, NJ; snowden@home.com; Phone: 732-458-4014; fax: 732-458-3449; former New Jersey State Police Breath Test Coordinator/Instructor and DWI/SFST instructor, now expert for breath testing and SFSTs.
33. Mike McDermott, Forensic Audio & Tape Expert, Great Falls, VA; 703-757-0103; fax: 703-757-0262; E-mail: mike@mcdltd.com.
34. Dr. David Benjamin, Pharm. D., www.DoctorBenjamin.com; 77 Florence Street, Suite 107, Chestnut Hill, MA 02467, Telephone: 617-969-1393, Fax: 617-969-4285. Alcohol or drugs are within his realm of expertise.
35. Joe Citron, MD, JD (board-certified ophthalmologist for 30+ years), Atlanta, GA – HGN guru (from both medical standpoint and SFST training) and other SFSTs (certified); Intox 5000 (factory certified instructor); medical testimony such as symptoms that mimic alcohol impairment after traffic accident; medical degree, Albert Einstein College of Medicine, NY; residency at Mayo Clinic, Rochester, MN - 404-261-2911 or 404-386-1100 or 404-784-5297. e-mail: joecitron@aol.com
36. Dr. Richard Saferstein, Ph.D., 20 Forrest Court, Mount Laurel, NJ 08054, (856) 234-7134 voice, (856) 778-4841 fax.Ph.D. in Chemistry. Noted author of books on Forensic Science. Former Chief Chemist for the State of New Jersey.
37. Stan Alari, Radar and Laser Expert, 412 North Pacific Coast Hwy #237, Laguna Beach CA 92651, 1- 877- SOX RADAR Cell: 562- 682- 5372 Fax: 760- 406- 6222 stanley.alari@verizon.net. Stanley Alari & Associates. http://www.stantheradarman.com/
38. Joseph William Huff, Ph.D. in Physiology from Medical College of Georgia, Masters in Pharmacology from University of Georgia, B.S. in Chemistry with minors in Biology and Mathematics from West Georgia College, 118 Lyle Way, Carrollton, GA 30117, CEO, Materials and Surfaces, Ltd; Adjunct Professor, State University of West Georgia; 770-834-8611; fax: 770-832-1028; josephhuff@netzero.net. Previously worked as Assistant Professor teaching Ophthalmology at the Bethesda Eye Institute.
39. Dr. Spurgeon Cole, Ph.D., Psychology (formerly with Clemson University); Expert in Psychophysical Testing protocol and devastating witness regarding the lack of scientific method in implementation of SFSTs and “Validation Studies”; 1040 McNutt Crossing, Bogart, GA 30622, (864) 710-1293 (cell), 706-208-8167 (home), cspurg@bellsouth.net
40. Dr. Ronald Nowaczyk, Ph.D., received BA from Northwestern University, MA and Ph.D. Miami University (Ohio), Associate Vice Chancellor for Economic and Community Development, Head of Department, Professor of Psychology, Office of Economic and Community Development, 300 E. First Street, 301 Willis Building, East Carolina University, Greenville, NC 27858; Phone: (252) 328-6650 ext. 231, Fax: (252) 328-4356, email address: nowaczykr@mail.ecu.edu
41. Gil Sapir, Forensic Science Consultant, undergrad degree in Microbiology and Biology, Colorado State University, Master of Science in Criminalistics, University of Illinois-Chicago; JD degree, Chicago-Kent College of Law; extensive publications and law review articles on breath testing deficiencies and SFST unreliability; has taken factory training on most breath testing devices, including EC-IR, DataMaster, Intoximeter 3000. SFST trained. gsapir@interaccess.com; P.O. Box 6950, Chicago, IL 60680; 312-458-0665.
42. Ron Lloyd, Villa Rica, GA; former Georgia State Trooper for 13 years; NHTSA SFST Instructor; DRE Instructor; Top Instructor in Georgia when he departed to be a private investigator and expert in DUI cases; Intoxilyzer 5000 operator trained (as a cop), but not a factory ‘technician”. (770) 463-8823 Business; (770) 463-8813 Fax; (404) 822-4003 cell; 12 North Alexander Creek Road, Newnan, GA 30263. E-mail: duiinv@aol.com
43. James Johnson, Polygraph Expert, Former Chief Polygrapher for U. S. Air Force (Europe), 11 Deerwood Drive, Litchfield, NH 03052-8004, 603-424-6365
44. Lonny E. Horowitz, MD – Was an EMT prior to attending medical school; worked for 4 years during residency and internship in trauma units in NY and NJ area; can provide expert testimony about symptoms of traumatic head injury mimicking alcohol intoxication; also expert in diabetes, hypoglycemia and high protein diet issues for breath test interference defense. No training on breath testing devices, but can explain how ketone conversion to isopropyl alcohol may be misread by an infrared device as ethyl alcohol. 770-393-3438. Woodstock, GA location. dietmd@bariatrics.com
45. Forensic Gait Analysis Group, Two podiatrists [Dr. Clark D. Miller and Dr. Paul N. Greenberg] provide medical and scientific review of DUI-DWI suspects regarding foot function and “gait” analysis. Use computer technology to quantitatively measure and analyze gait patterns for purposes of refuting police claims of impairment as shown through field sobriety testing procedures. 212-794-2060 (NY) or 973-379-4965 (NJ). www.forensicgait.com and E-mail at: Forensic.Gait@verizon.net .
46. Ronald Henson, Ph.D. Peoria, IL (309) 360-5614; website: www.beron.us P.O. Box 10706, Peoria, IL 61612-0706. Ph.D. (Dissertation: Workplace Drug & Alcohol Testing), M.P.A., B.S. Ex-police officer and previously worked for State of Illinois as an Instructor for Breath, Blood, and Urine Alcohol Testing and SFSTs. Expert experience with the Intoximeter EC/IR, Intoximeter 3000, AlcoSensor Models III & RBT IV, Intoxilyzer 5000 & 4011s, BAC Verifier, BAC DataMaster, portable breath test devices, and related physiology and pharmacology principles associated with alcohol testing.
47. Dr. Sarah Kerrigan, Ph.D., Forensic Toxicologist. A Scotland Yard training toxicologist whose specialty is drugs that impair, Dr. Kerrigan received her BS in Chemistry/Analytical Chemistry and Toxicology and her Ph.D. in Chemistry in the field of drugs of abuse testing. Mailing Address: P.O. Box 7429, Houston TX 77248-7429; Office: 713 868 2440; Cell: 713 817 2229; E-mail: sarah.kerrigan@earthlink.net
48. Dr. Gerald P. Simpson, Ph.D., 846 Woodlawn Dr, Thousand Oaks, CA 91360, home number is 805-495-3652.
49. Jan Semenoff, a factory certified instructor for the Intoxilyzer 5000, and a former Canadian police officer. E-mail: info@itd2.com; Web site: http://www.itd2.com; offers breath training course for Intoxilyzer 5000.
50. J. Robert Zettl, Forensic Toxicologist (Bachelor of Science in Bacteriology with minor in Physical Chemistry; Masters in Public Administration), (Intoxilyzer 5000, blood tests; urine tests) Littleton, CO, Voice/cell 720-363-9900; Fax 303-795-1654; Home 303-795-9271; JRZETTL1@msn.com; formerly with State of Colorado Alcohol Program for over 25 years.
51. JoAnn Samson, Ph.D., Toxicologist/Physiologist, NHTSA Certified Instructor, Breath, Blood and Urine Expert, 17 Princeton Street, Concord, NH 03301, (603) 229-0073; Fax: (603) 224-6933, jsamson1126@aol.com [Former State Toxicologist]
52. Thomas E. Workman, Esq., - Patent Attorney with 30+ years in high-level computer software, firmware and hardware development; understands “Source Code” issues and can analyze code and can testify about flaws in programs running breath computers; www.computers-forensic-expert.com. 41 Harrison Street, Taunton, MA 02780; 508-822-7777; Fax: 508-824-2420; E-mail: tom@computers-forensic-expert.com.
http://www.SanDiegoDUI.com
1. Top Expert in the Country: Mary McMurray. Blue Mounds, WI. Chemistry degree. Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech. Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110. Expert on preliminary breath testing devices. Expert on software applications for breath instruments. Also former SFST instructor in 1980s and early 1990s. Mary’s e-mail: ethosinc@aol.com and home phone: 608-437-5344; cell: 608-772-1055.
2. Jay Zager of Ft. Lauderdale, FL. Ex-cop in Broward County. Medical retirement after 15 years. CMI factory trained on BOTH the Intoxilyzer 8000 and 5000. Repair technician approved by factory. Also, NHTSA SFST Instructor. E-mail: JayHZager@aol.com. Phone: (954) 709-0033; FAX (954) 752-9788.
3. Robert (Bob) LaPier, (208) 754-4632, (800) 257-4643, SFST Instructor. Ex-cop who has trained thousands of cops on SFSTs. DRE instructor. Accident reconstruction. Intoxilyzer 5000 maintenance and instructor certified. www.LaPier.com.
4. Steve Rubenzer, Houston, TX; steverubenzer@sbcglobal.net; website is www.SteveRubenzerPhD.com; 11914 Astoria, Suite 490, Houston, TX 77089; Ph: 281-481-5715, Fax: 281-922-5903. Bachelors of Science, Psychology, University of Wisconsin, Oshkosh, 1981; Master of Science, Clinical Psychology, University of Houston, 1984; Doctor of Philosophy, Clinical Psychology, University of Houston, 1990; Licensed Psychologist in Texas since 1992. SFST Instructor. ABPP Diplomate in Forensic Psychology (one of 220 in USA), American Board of Professional Psychology.
5. Walden, Platt & Associates – Bryan, TX - Two Master Police Trainers (Troy Walden and Lance Platt) with Ph.D. degrees; retired from police work as NHTSA & IACP DRE and SFST trainers of the trainers; also handle in-depth police investigation and analysis of DUI/DWI case files and are available for testimony in court proceedings. www.waldenplatt.com. (979) 822-3060; fax: (979) 822-3061. troy@waldenplatt.com or lance@waldenplatt.com. Supervise SFST Student and Instructor Courses across the USA.
6. Bob Awtrey – LaGrange, Georgia; Accident Reconstruction Specialist, 706-645-1643 or 706-773-5250 [cell]; 706-663-4081 [fax]; 706-663-4018 [home] (former mathematics teacher and then 20 years with Georgia state patrol; taught reconstruction for Georgia officers in statewide program). Website address: www.southeasternsafetyassociates.com; E-mail: bawtrey@bellsouth.net
7. Stefan Rose, MD, Physician trained in General Psychiatry, Clinical Pathology and Forensic Toxicology, 10130 Northlake Blvd., Suite 214, #300, West Palm Beach, FL 33412, 561-795-4452, fax 561-795-4768, pager 800-555-6449; toxdoc1@bellsouth.net; expertise in drugs, especially cocaine, plus expert on Intoxilyzer 5000, drug dog expert.
8. David Stafford, Ph.D. Memphis, TN; Toxicologist (formerly with University of Tennessee Medical School over 30 years, now retired); Breath, Blood, Urine, SFST. Drugs, alcohol, arson investigation. Call at home 901-726-4876.
9. Pat Demers, Retired Pharmacist and Masters in Forensic Science. Formerly ran crime lab in Massachusetts. Currently resides in Maine. Phone 207-636-2908; Cell 207-459-0981; E-mail pmdemers@earthlink.net; 124 10th Street, Acton, ME 04001 (207) 636-7840
10. Rick Swope – Davie, FL- SFSTs, Accident Reconstruction, Engineer - 8211 SW 28 Street, Davie, FL 33328 Office: (954) 476-7640; Fax: 954-476-9224 . Masters Degree, Engineering; ex-cop and ex-DUI task force officer. SFST Master Instructor. swprcn@aol.com; www.swoperecon.com.
11. Edward F. Fitzgerald, JD, Mesa, AZ; wrote book on Intoxication Test Evidence, 480-699-9334; 480-688-0831, general information on breath test principles and blood/urine testing. E-mail at: ed@edwardffitzgerald.com. www.edwardffitzgerald.com.
12. Dr. Michael Hlastala, Ph.D., breath testing device expert, Professor of Lung Physiology and Biophysics and of Medicine, Seattle, Washington, (206) 543-3166; fax: (206) 685-8673; voice message (206)-685-8436; mphlastala@comcast.net; home: (425) 742-7811 (425) 280-7319 (cell). Practicing since 1969, with over 350 published articles or books. www.mphlastala.com.
13. Dr. James Woodford, Ph.D., Chemistry, Chattanooga, TN; jameswoodford@comcast.net or woodford@mindspring.com, 423-821-1146 or 423-432-2606 (cell); breath, blood, urine, drugs or alcohol. Also, attended my first SFST student course in 1994. http://www.mindspring.com/~woodford
14. Harvey Cohen, Ph.D, C.I.H., Cambridge Technical Associates, PO Box 920113, Needham, MA 02492, (781) 449-4335, fax# (781) 449-1539, Co-Author of Harvey M. Cohen & Joseph B. Green, APPREHENDING AND PROSECUTING THE DRUNK DRIVER (Matthew Bender 2002). harveycohen@alum.mit.edu.
15. Dr. Robert Middleberg, Pharm. D., Ph.D., 3701 Welsh Road, Willow Grove, PA, 215-657-4900; fax: 215-657-2972. Intoxilyzer 5000; pharmacology issues, toxicology. He currently directs the Forensic Toxicology unit of National Medical Services, as well as serving as a laboratory director. He previously served as the Director of Expert Services for NMS, and coordinated medico-legal issues for courts, attorneys, etc.
16. Charles E. Smith, DUI Consultant, Ex-cop (23 years) with Factory Maintenance and Repair Training by CMI (40 hours); over 30 years of O-T-J training; SFST Instructor; DRE Instructor; plus has been court qualified to do retrograde work as a toxicologist in Florida (from job training, not educational degrees). SFST Instructor Training in 1983, plus has taught DRE course; 772-286-5761 & 772-286-6732 (fax); duiexpt@bellsouth.net.
17. Francis Gengo, Pharm.D, Ph.D., Pharmacology; Toxicology; 64 Dan Troy Dr., Williamsville, NY 14221-3550, (716) 634-0915. See web information at http://www.dentinstitute.com/document_26_4.html. Dr. Gengo currently serves as an Associate Professor of Pharmacy and Neurology and a Clinical Assistant Professor of Neurosurgery at the SUNYAB School of Medicine.
18. Steven W. Rickard, Accident Reconstruction Expert & Animation of Accidents, Prior PA State Trooper with over 30 years total experience; 1644 Whitley Drive, Harrisburg, PA 17111, (717) 540-3451 or 3457.
19. William C. Fischer, Endicott, NY, 607-785-5766; fax: 607-748-8404, Accident Reconstruction and Vehicle Fault Expert.
20. David Sweeney, Conway, SC; Pharmacokinetics, Pharmacology, Infrared Breath Testing (BAC Datamaster and basic issues for Intoxilyzer 5000); effects of EITHER alcohol or drugs-- prescribed and non-prescribed (contraband) – 843-241-3108 (cell); 843-347-0352 (work); 843-365-7201 (home). E-mail: davenorm1945@aol.com
21. Tony Corroto, 17 years of police work with Atlanta PD – Master Instructor of Instructors in BOTH SFSTs and DREs – Oversaw breath test program & ran over 10,000 Intoxilyzer 5000 breath tests – Web site: http://www.duiexpertwitness.com; E-mail: tcorroto@comcast.net; Phone: (404) 906-2153; Fax: (770) 693-9852.
22. Lawrence Masten, Ph.D in Toxicology, Board Certified in Toxicology; 873 West Bay Drive, 186, Largo, FL 33770, 727-595-6575; fax: 727-595-0785; toll free: 866-329-9262; lwten@sprintmail.com. Handles collection, transport, storage, and analysis of legal and hospital blood for BACs & the interpretation of BACs and factors that affect BAC readings and/or blood/urine drug levels. 33 years experience.
23. Dominick A. Labianca, Ph.D., Department of Chemistry, Brooklyn College of The City University of New York, Brooklyn, NY 11210; 718-951-5458 or home: 516-489-3247. Expert in blood, urine, proper testing, conversion from serum to whole blood.
24. Dr. Alfred E. Staubus, Pharm.D., Ph.D., (614) 451-1406 (phone), (614) 451-1407 (fax) (Alcohol and drug issues; blood, breath or urine testing). E-mail: staubus.2@osu.edu. 1015 Kenway Court, Columbus, OH 43220.
25. Dr. David Schneider, Pharm D., BA in Biology; Practicing Pharmacologist for 30+ years, Royal Oak, MI; 313-577-1579; fax: 810-545-2475
26. William Giguiere; B.S. in Zoology, with minors in chemistry and political science; grad studies in marine biology; masters in secondary education to teach biological and physical sciences; graduate studies in toxicology, pulmonary functioning and respiratory therapy and in alcohol studies; presently works at Park-Gilman Clinics, Inc. Burlingame, CA 94010; 650-259-7564 or fax: 650-259-7952.
27. David (Dave) Fries – Live Oak, FL; Intoxilyzer 5000, SFST Field Testing (Instructor) - 386-344-1770 cell; 386-658-3464 work; 386-658-2687 fax; fries@alltel.net. Ex-cop with extensive experience on the Intoxilyzer 5000.
28. Kenneth Glaza, K & R’s Recording Studio, Inc., http://www.knr.net/, V:(248)557-8276 F:(248)557-0441, forensic audio or video enhancement or filtering, plus other engineering services. See vita: http://www.knr.net/vita2.htm
29. Bill Taylor – Standardized and Non-Standardized Field Testing and Intoxilyzer 5000- 770-534-1501. E-mail: taylorbm@aol.com. Ex-cop (27+ years) who has trained in excess of 3000 instructors and students on SFSTs. Retired Police Captain, in charge of the DUI task force. Formerly headed up State of Georgia original training on NHTSA SFSTs & alcohol/drug training for 3 years, after retirement as cop in 1991.
30. Dr. Terry Martinez, Toxicologic Associates Inc., 6614 Clayton Road, #107 Richmond Heights, Mo 63117; Ph: (618)- 345-0786; (618) 367-8700; ext. 1404. Holds Ph.D. in Pharmacology. He is also an expert on methamphetamine manufacture cases.
31. Jerry W. Bush, MD, medical degree, University of Alabama; B.S. in Pharmacy, Auburn University (1st in Class); Board Certified in Internal Medicine; background in pharmaceutical research; certified independent medical examiner; presently in private medical practice south of Atlanta; P.O. Box 39, Williamson, GA 30292;
32. Gil Snowden, Brick, NJ; snowden@home.com; Phone: 732-458-4014; fax: 732-458-3449; former New Jersey State Police Breath Test Coordinator/Instructor and DWI/SFST instructor, now expert for breath testing and SFSTs.
33. Mike McDermott, Forensic Audio & Tape Expert, Great Falls, VA; 703-757-0103; fax: 703-757-0262; E-mail: mike@mcdltd.com.
34. Dr. David Benjamin, Pharm. D., www.DoctorBenjamin.com; 77 Florence Street, Suite 107, Chestnut Hill, MA 02467, Telephone: 617-969-1393, Fax: 617-969-4285. Alcohol or drugs are within his realm of expertise.
35. Joe Citron, MD, JD (board-certified ophthalmologist for 30+ years), Atlanta, GA – HGN guru (from both medical standpoint and SFST training) and other SFSTs (certified); Intox 5000 (factory certified instructor); medical testimony such as symptoms that mimic alcohol impairment after traffic accident; medical degree, Albert Einstein College of Medicine, NY; residency at Mayo Clinic, Rochester, MN - 404-261-2911 or 404-386-1100 or 404-784-5297. e-mail: joecitron@aol.com
36. Dr. Richard Saferstein, Ph.D., 20 Forrest Court, Mount Laurel, NJ 08054, (856) 234-7134 voice, (856) 778-4841 fax.Ph.D. in Chemistry. Noted author of books on Forensic Science. Former Chief Chemist for the State of New Jersey.
37. Stan Alari, Radar and Laser Expert, 412 North Pacific Coast Hwy #237, Laguna Beach CA 92651, 1- 877- SOX RADAR Cell: 562- 682- 5372 Fax: 760- 406- 6222 stanley.alari@verizon.net. Stanley Alari & Associates. http://www.stantheradarman.com/
38. Joseph William Huff, Ph.D. in Physiology from Medical College of Georgia, Masters in Pharmacology from University of Georgia, B.S. in Chemistry with minors in Biology and Mathematics from West Georgia College, 118 Lyle Way, Carrollton, GA 30117, CEO, Materials and Surfaces, Ltd; Adjunct Professor, State University of West Georgia; 770-834-8611; fax: 770-832-1028; josephhuff@netzero.net. Previously worked as Assistant Professor teaching Ophthalmology at the Bethesda Eye Institute.
39. Dr. Spurgeon Cole, Ph.D., Psychology (formerly with Clemson University); Expert in Psychophysical Testing protocol and devastating witness regarding the lack of scientific method in implementation of SFSTs and “Validation Studies”; 1040 McNutt Crossing, Bogart, GA 30622, (864) 710-1293 (cell), 706-208-8167 (home), cspurg@bellsouth.net
40. Dr. Ronald Nowaczyk, Ph.D., received BA from Northwestern University, MA and Ph.D. Miami University (Ohio), Associate Vice Chancellor for Economic and Community Development, Head of Department, Professor of Psychology, Office of Economic and Community Development, 300 E. First Street, 301 Willis Building, East Carolina University, Greenville, NC 27858; Phone: (252) 328-6650 ext. 231, Fax: (252) 328-4356, email address: nowaczykr@mail.ecu.edu
41. Gil Sapir, Forensic Science Consultant, undergrad degree in Microbiology and Biology, Colorado State University, Master of Science in Criminalistics, University of Illinois-Chicago; JD degree, Chicago-Kent College of Law; extensive publications and law review articles on breath testing deficiencies and SFST unreliability; has taken factory training on most breath testing devices, including EC-IR, DataMaster, Intoximeter 3000. SFST trained. gsapir@interaccess.com; P.O. Box 6950, Chicago, IL 60680; 312-458-0665.
42. Ron Lloyd, Villa Rica, GA; former Georgia State Trooper for 13 years; NHTSA SFST Instructor; DRE Instructor; Top Instructor in Georgia when he departed to be a private investigator and expert in DUI cases; Intoxilyzer 5000 operator trained (as a cop), but not a factory ‘technician”. (770) 463-8823 Business; (770) 463-8813 Fax; (404) 822-4003 cell; 12 North Alexander Creek Road, Newnan, GA 30263. E-mail: duiinv@aol.com
43. James Johnson, Polygraph Expert, Former Chief Polygrapher for U. S. Air Force (Europe), 11 Deerwood Drive, Litchfield, NH 03052-8004, 603-424-6365
44. Lonny E. Horowitz, MD – Was an EMT prior to attending medical school; worked for 4 years during residency and internship in trauma units in NY and NJ area; can provide expert testimony about symptoms of traumatic head injury mimicking alcohol intoxication; also expert in diabetes, hypoglycemia and high protein diet issues for breath test interference defense. No training on breath testing devices, but can explain how ketone conversion to isopropyl alcohol may be misread by an infrared device as ethyl alcohol. 770-393-3438. Woodstock, GA location. dietmd@bariatrics.com
45. Forensic Gait Analysis Group, Two podiatrists [Dr. Clark D. Miller and Dr. Paul N. Greenberg] provide medical and scientific review of DUI-DWI suspects regarding foot function and “gait” analysis. Use computer technology to quantitatively measure and analyze gait patterns for purposes of refuting police claims of impairment as shown through field sobriety testing procedures. 212-794-2060 (NY) or 973-379-4965 (NJ). www.forensicgait.com and E-mail at: Forensic.Gait@verizon.net .
46. Ronald Henson, Ph.D. Peoria, IL (309) 360-5614; website: www.beron.us P.O. Box 10706, Peoria, IL 61612-0706. Ph.D. (Dissertation: Workplace Drug & Alcohol Testing), M.P.A., B.S. Ex-police officer and previously worked for State of Illinois as an Instructor for Breath, Blood, and Urine Alcohol Testing and SFSTs. Expert experience with the Intoximeter EC/IR, Intoximeter 3000, AlcoSensor Models III & RBT IV, Intoxilyzer 5000 & 4011s, BAC Verifier, BAC DataMaster, portable breath test devices, and related physiology and pharmacology principles associated with alcohol testing.
47. Dr. Sarah Kerrigan, Ph.D., Forensic Toxicologist. A Scotland Yard training toxicologist whose specialty is drugs that impair, Dr. Kerrigan received her BS in Chemistry/Analytical Chemistry and Toxicology and her Ph.D. in Chemistry in the field of drugs of abuse testing. Mailing Address: P.O. Box 7429, Houston TX 77248-7429; Office: 713 868 2440; Cell: 713 817 2229; E-mail: sarah.kerrigan@earthlink.net
48. Dr. Gerald P. Simpson, Ph.D., 846 Woodlawn Dr, Thousand Oaks, CA 91360, home number is 805-495-3652.
49. Jan Semenoff, a factory certified instructor for the Intoxilyzer 5000, and a former Canadian police officer. E-mail: info@itd2.com; Web site: http://www.itd2.com; offers breath training course for Intoxilyzer 5000.
50. J. Robert Zettl, Forensic Toxicologist (Bachelor of Science in Bacteriology with minor in Physical Chemistry; Masters in Public Administration), (Intoxilyzer 5000, blood tests; urine tests) Littleton, CO, Voice/cell 720-363-9900; Fax 303-795-1654; Home 303-795-9271; JRZETTL1@msn.com; formerly with State of Colorado Alcohol Program for over 25 years.
51. JoAnn Samson, Ph.D., Toxicologist/Physiologist, NHTSA Certified Instructor, Breath, Blood and Urine Expert, 17 Princeton Street, Concord, NH 03301, (603) 229-0073; Fax: (603) 224-6933, jsamson1126@aol.com [Former State Toxicologist]
52. Thomas E. Workman, Esq., - Patent Attorney with 30+ years in high-level computer software, firmware and hardware development; understands “Source Code” issues and can analyze code and can testify about flaws in programs running breath computers; www.computers-forensic-expert.com. 41 Harrison Street, Taunton, MA 02780; 508-822-7777; Fax: 508-824-2420; E-mail: tom@computers-forensic-expert.com.
http://www.SanDiegoDUI.com
Multi - DUI Woman Crashes into Cars at DUI Court
Third time unlucky for alleged drunk driver
January 31, 2007
A WOMAN driving to a Brisbane court to face a drink-driving charge crashed into cars outside the building because she was drunk, police allege.
The 54-year-old woman's vehicle hit cars parked outside Cleveland Magistrates Court in Brisbane's bayside area yesterday.
The woman allegedly registered an alcohol reading of 0.262 - more than five times the legal limit.
She had been on her way to court to face a drink-driving charge from December 11 last year when she allegedly registered a reading of 0.25, police said.
Her licence was suspended after yesterday's incident.
She appeared in court and bailed reappear at a later date but police said she was allegedly caught again about 6.30pm (AEST), driving with a blood alcohol level of 0.211.
She was remanded in custody to appear in court today charged with driving drunk and driving while suspended.
http://www.sandiegoduihelp.com
January 31, 2007
A WOMAN driving to a Brisbane court to face a drink-driving charge crashed into cars outside the building because she was drunk, police allege.
The 54-year-old woman's vehicle hit cars parked outside Cleveland Magistrates Court in Brisbane's bayside area yesterday.
The woman allegedly registered an alcohol reading of 0.262 - more than five times the legal limit.
She had been on her way to court to face a drink-driving charge from December 11 last year when she allegedly registered a reading of 0.25, police said.
Her licence was suspended after yesterday's incident.
She appeared in court and bailed reappear at a later date but police said she was allegedly caught again about 6.30pm (AEST), driving with a blood alcohol level of 0.211.
She was remanded in custody to appear in court today charged with driving drunk and driving while suspended.
http://www.sandiegoduihelp.com
Tuesday, January 30, 2007
Rancho Santa Fe DUI suspect rams police car
SAN MARCOS – A sheriff's deputy and two other people were injured early Tuesday morning after a suspected drunk driver slammed into the back of the deputy's patrol car.
The off-duty deputy was heading east on West San Marcos Boulevard just after 1 a.m. and was about to make a right turn on Cribbage Lane when a 21-year-old man driving a 2003 Mercedes-Benz CL500 rear-ended his car at a high rate of speed, the San Diego Sheriff's Department said.
After hitting the patrol car, the driver lost control and crashed into a tree in the center island. The driver, who is from Rancho Santa Fe, and a young female passenger were taken to the hospital with what appeared to be serious injuries.
The deputy was treated and released, the Sheriff's Department said.
The accident is under investigation.
http://www.sandiegoduihelp.com
The off-duty deputy was heading east on West San Marcos Boulevard just after 1 a.m. and was about to make a right turn on Cribbage Lane when a 21-year-old man driving a 2003 Mercedes-Benz CL500 rear-ended his car at a high rate of speed, the San Diego Sheriff's Department said.
After hitting the patrol car, the driver lost control and crashed into a tree in the center island. The driver, who is from Rancho Santa Fe, and a young female passenger were taken to the hospital with what appeared to be serious injuries.
The deputy was treated and released, the Sheriff's Department said.
The accident is under investigation.
http://www.sandiegoduihelp.com
Rancho Santa Fe DUI suspect rams police car
SAN MARCOS – A sheriff's deputy and two other people were injured early Tuesday morning after a suspected drunk driver slammed into the back of the deputy's patrol car.
The off-duty deputy was heading east on West San Marcos Boulevard just after 1 a.m. and was about to make a right turn on Cribbage Lane when a 21-year-old man driving a 2003 Mercedes-Benz CL500 rear-ended his car at a high rate of speed, the San Diego Sheriff's Department said.
After hitting the patrol car, the driver lost control and crashed into a tree in the center island. The driver, who is from Rancho Santa Fe, and a young female passenger were taken to the hospital with what appeared to be serious injuries.
The deputy was treated and released, the Sheriff's Department said.
The accident is under investigation.
http://www.sandiegoduihelp.com
The off-duty deputy was heading east on West San Marcos Boulevard just after 1 a.m. and was about to make a right turn on Cribbage Lane when a 21-year-old man driving a 2003 Mercedes-Benz CL500 rear-ended his car at a high rate of speed, the San Diego Sheriff's Department said.
After hitting the patrol car, the driver lost control and crashed into a tree in the center island. The driver, who is from Rancho Santa Fe, and a young female passenger were taken to the hospital with what appeared to be serious injuries.
The deputy was treated and released, the Sheriff's Department said.
The accident is under investigation.
http://www.sandiegoduihelp.com
Monday, January 29, 2007
Misdemeanor client does not have to be present for San Diego DUI case
Attorney Richard Duquette wins again!
A Superior Court panel yesterday found that judges at the Vista courthouse do not have a policy of ordering all misdemeanor defendants to appear for trial, dismissing a case brought by a lawyer who claimed the practice was illegal.
The three judges further ruled that a 22-year-old college student has the right to be absent from her upcoming misdemeanor trial on charges of driving under the influence of alcohol and can be represented by her attorney.
The decisions end a legal fight brought by attorney Richard Duquette on behalf of Christina Harris, an Arizona State University senior who said traveling to San Diego County for a trial would be a financial hardship on her.
The Carlsbad lawyer used Harris' case to change what he described as a “blanket policy” at the North County court requiring all misdemeanor defendants to appear at trial, which he said violated state law and their constitutional rights.
The case began Nov. 9, when Duquette appeared before Judge K. Michael Kirkman prepared to go to trial without his client in the courtroom. When prosecutor Matthew Tag objected, and Kirkman questioned whether that was allowed, the case was stopped to allow Duquette time to present the issue to the court's appellate division.
Court records from a Sept. 8 hearing show that Judge Richard E. Mills ordered Harris to appear for her trial. Duquette argued that the judge never made that order while sitting on the bench, and said a tape recording of the hearing proved it.
Yesterday, Judges Peter Deddeh, Louis Hanoian and Esteban Hernandez unanimously agreed, sent the case back to Vista for trial and gave Harris the option of being present.
“Somehow on the court's minute order (paperwork), the defendant is ordered to appear,” Hanoian said. “That didn't come from Judge Mills.”
Another judge suggested it may have been human error.
“Maybe a clerk made a mistake in a high-volume (courtroom),” Deddeh said.
As for the issue of a blanket policy, the judges found there was no evidence to support that argument and dismissed that portion of the case.
Duquette declared victory in an interview.
“The court's decision was a just decision. It was appropriate,” he said. “This is not a case where her appearance is required.”
Prosecutor Anna Winn initially disagreed with the court's decision, arguing that Harris was properly ordered to appear for her trial. She later relented, and said in an interview she was pleased with the appellate panel's decision.
“I'm glad that the judges found there is no blanket policy ordering people to appear at trial,” Winn said. “I think we can work the other issues out.”
Harris, a chemistry student who wants to pursue a career as a crime-scene technician, was pulled over about 2 a.m. July 2 by a California Highway Patrol officer on Carlsbad Boulevard near Carlsbad Village Drive.
The vacationing student was arrested, charged with DUI and accused of driving with a blood-alcohol level of 0.10 percent, above California's legal limit of 0.08, according to court records.
Harris, who lives in the Phoenix area, is fighting the charges because she is not guilty and is concerned that a conviction could cost her a career in law enforcement, her attorney said.
Duquette, who was paid initially, said he agreed to continue working for free after his client ran out of money because he believed strongly in the case. The judges yesterday declined his request to be reimbursed for working on the challenge.
Misdemeanors are crimes with a maximum punishment of one year in county jail. Most first-time offenders, like Harris, avoid jail time if convicted.
http://www.SanDiegoDUIhelp.com
A Superior Court panel yesterday found that judges at the Vista courthouse do not have a policy of ordering all misdemeanor defendants to appear for trial, dismissing a case brought by a lawyer who claimed the practice was illegal.
The three judges further ruled that a 22-year-old college student has the right to be absent from her upcoming misdemeanor trial on charges of driving under the influence of alcohol and can be represented by her attorney.
The decisions end a legal fight brought by attorney Richard Duquette on behalf of Christina Harris, an Arizona State University senior who said traveling to San Diego County for a trial would be a financial hardship on her.
The Carlsbad lawyer used Harris' case to change what he described as a “blanket policy” at the North County court requiring all misdemeanor defendants to appear at trial, which he said violated state law and their constitutional rights.
The case began Nov. 9, when Duquette appeared before Judge K. Michael Kirkman prepared to go to trial without his client in the courtroom. When prosecutor Matthew Tag objected, and Kirkman questioned whether that was allowed, the case was stopped to allow Duquette time to present the issue to the court's appellate division.
Court records from a Sept. 8 hearing show that Judge Richard E. Mills ordered Harris to appear for her trial. Duquette argued that the judge never made that order while sitting on the bench, and said a tape recording of the hearing proved it.
Yesterday, Judges Peter Deddeh, Louis Hanoian and Esteban Hernandez unanimously agreed, sent the case back to Vista for trial and gave Harris the option of being present.
“Somehow on the court's minute order (paperwork), the defendant is ordered to appear,” Hanoian said. “That didn't come from Judge Mills.”
Another judge suggested it may have been human error.
“Maybe a clerk made a mistake in a high-volume (courtroom),” Deddeh said.
As for the issue of a blanket policy, the judges found there was no evidence to support that argument and dismissed that portion of the case.
Duquette declared victory in an interview.
“The court's decision was a just decision. It was appropriate,” he said. “This is not a case where her appearance is required.”
Prosecutor Anna Winn initially disagreed with the court's decision, arguing that Harris was properly ordered to appear for her trial. She later relented, and said in an interview she was pleased with the appellate panel's decision.
“I'm glad that the judges found there is no blanket policy ordering people to appear at trial,” Winn said. “I think we can work the other issues out.”
Harris, a chemistry student who wants to pursue a career as a crime-scene technician, was pulled over about 2 a.m. July 2 by a California Highway Patrol officer on Carlsbad Boulevard near Carlsbad Village Drive.
The vacationing student was arrested, charged with DUI and accused of driving with a blood-alcohol level of 0.10 percent, above California's legal limit of 0.08, according to court records.
Harris, who lives in the Phoenix area, is fighting the charges because she is not guilty and is concerned that a conviction could cost her a career in law enforcement, her attorney said.
Duquette, who was paid initially, said he agreed to continue working for free after his client ran out of money because he believed strongly in the case. The judges yesterday declined his request to be reimbursed for working on the challenge.
Misdemeanors are crimes with a maximum punishment of one year in county jail. Most first-time offenders, like Harris, avoid jail time if convicted.
http://www.SanDiegoDUIhelp.com
Tuesday, January 23, 2007
Tyson's legal woes in the news again
January 23, 2007
Former heavyweight champion Mike Tyson pleaded not guilty in Arizona yesterday to charges of drug possession and driving under the influence of drugs.
Tyson spoke only to give his name and his birth date during the brief hearing before Maricopa County Superior Court Commissioner Lisa Vandenberg, who entered the plea on Tyson's behalf. Tyson stood with his arms crossed while Vandenberg spoke to his attorneys. He didn't speak to reporters after the hearing.
One of Tyson's four lawyers, David Chesnoff, said Tyson is seeking professional help “for whatever problems he has” and would fight to stay out of prison.
Tyson was indicted earlier this month on felony drug possession and paraphernalia possession counts and two misdemeanor counts of driving under the influence of drugs.
If convicted of all four charges, he could be sentenced to up to 7½ years in prison.
Maricopa County Attorney Andrew Thomas has said he would pursue prison time for Tyson.
www.sandiegoduihelp.com
http://www.sandiegodui.com
Former heavyweight champion Mike Tyson pleaded not guilty in Arizona yesterday to charges of drug possession and driving under the influence of drugs.
Tyson spoke only to give his name and his birth date during the brief hearing before Maricopa County Superior Court Commissioner Lisa Vandenberg, who entered the plea on Tyson's behalf. Tyson stood with his arms crossed while Vandenberg spoke to his attorneys. He didn't speak to reporters after the hearing.
One of Tyson's four lawyers, David Chesnoff, said Tyson is seeking professional help “for whatever problems he has” and would fight to stay out of prison.
Tyson was indicted earlier this month on felony drug possession and paraphernalia possession counts and two misdemeanor counts of driving under the influence of drugs.
If convicted of all four charges, he could be sentenced to up to 7½ years in prison.
Maricopa County Attorney Andrew Thomas has said he would pursue prison time for Tyson.
www.sandiegoduihelp.com
http://www.sandiegodui.com
Sunday, January 21, 2007
MADD praises non-arrest of .14 DUI State Representative
OCEAN CITY, MARYLAND
Mothers Against Drunk Driving praised Ocean City Police on Jan. 11 for officer's handling of the Oct. 29 traffic stop and non-arrest of Delaware State Rep. John C. Atkins. MADD representatives were particularly quick to support decisions made by Officer Douglas A. Smith, OCPD's toughest DUI enforcement officer, who along with trainee Natalie R. Smolko, performed the stop.
OCPD came under fire when news broke that Smith and Smolko stopped Atkins, who was swerving in his car and blew a .14 in his preliminary breath test, but decided against making a DUI arrest. “We feel very confident that the officers followed the proper procedures and protocols,†said Caroline Cash, executive director for the Chesapeake Region of MADD.
The decision to not arrest was made based on Atkins speaking clearly and not fumbling when retrieving his license and stepping out of his vehicle. The fact that he blew a .14 was irrelevant in Smith’s decision not to arrest since PBT readings are not admissible in court, Ocean City Police Chief Bernadette DiPino said.
It’s allegedly on this sole principle of Maryland law that the Ocean City, Maryland Police Department claims they had no grounds to arrest Rep. John Atkins.
Even if we accept the unverifiable and unlikely claim that the police detected no other indicia of impairment (unlike any other person I have ever represented who was anywhere close to .14), we do have the following clues:
1) His car was swerving between two lanes of traffic.
2) He reeked of alcohol.
3) There were several empty beer bottles on the floor of the vehicle.
4) His eyes were glassy and bloodshot.
5) He admitted to drinking alcohol that evening.
These facts would have been more than enough to justify an arrest in Georgia, and when you add in a portable breath test result that was “positiveâ€, which is what we call it when you blow a .14 in Georgia, I know of no police officer in Georgia who would not have arrested a “regular citizen†under the same circumstances.
So, despite the Ocean City Police denials that there were any other clues of Atkins’ intoxication besides the portable breath test result, the only people sufficiently clueless to believe their claims are the guardians of morality - MADD.
Now… if only the Delaware State Police can explain why they sent an officer down to Ocean City to drive the legislator and his wife home.
http://www.SanDiegoDUIhelp.com
http://www.SanDiegoDUI.com
Mothers Against Drunk Driving praised Ocean City Police on Jan. 11 for officer's handling of the Oct. 29 traffic stop and non-arrest of Delaware State Rep. John C. Atkins. MADD representatives were particularly quick to support decisions made by Officer Douglas A. Smith, OCPD's toughest DUI enforcement officer, who along with trainee Natalie R. Smolko, performed the stop.
OCPD came under fire when news broke that Smith and Smolko stopped Atkins, who was swerving in his car and blew a .14 in his preliminary breath test, but decided against making a DUI arrest. “We feel very confident that the officers followed the proper procedures and protocols,†said Caroline Cash, executive director for the Chesapeake Region of MADD.
The decision to not arrest was made based on Atkins speaking clearly and not fumbling when retrieving his license and stepping out of his vehicle. The fact that he blew a .14 was irrelevant in Smith’s decision not to arrest since PBT readings are not admissible in court, Ocean City Police Chief Bernadette DiPino said.
It’s allegedly on this sole principle of Maryland law that the Ocean City, Maryland Police Department claims they had no grounds to arrest Rep. John Atkins.
Even if we accept the unverifiable and unlikely claim that the police detected no other indicia of impairment (unlike any other person I have ever represented who was anywhere close to .14), we do have the following clues:
1) His car was swerving between two lanes of traffic.
2) He reeked of alcohol.
3) There were several empty beer bottles on the floor of the vehicle.
4) His eyes were glassy and bloodshot.
5) He admitted to drinking alcohol that evening.
These facts would have been more than enough to justify an arrest in Georgia, and when you add in a portable breath test result that was “positiveâ€, which is what we call it when you blow a .14 in Georgia, I know of no police officer in Georgia who would not have arrested a “regular citizen†under the same circumstances.
So, despite the Ocean City Police denials that there were any other clues of Atkins’ intoxication besides the portable breath test result, the only people sufficiently clueless to believe their claims are the guardians of morality - MADD.
Now… if only the Delaware State Police can explain why they sent an officer down to Ocean City to drive the legislator and his wife home.
http://www.SanDiegoDUIhelp.com
http://www.SanDiegoDUI.com
Friday, January 19, 2007
Founder of MADD punished - MADD" Fundraising" in question
MADD's outspoken founder punished
The founder of MADD Canada, who spoke out against the national organization's fundraising practices, has been stripped of his role on the charity's two key committees.
"I feel betrayed," said John Bates, 79, whose quarter-century battle against drinking and driving earned him the Order of Canada.
Bates learned Monday evening he was gone from the charity's finance and policy committees, which monitor the organization's expenditures and revenues, and set the tone for the charity.
The news came to Bates during a brief teleconference involving five of the 17 board members of Mothers Against Drunk Driving.
"This seems to be in response to asking too many questions," Bates said yesterday. "But I don't believe in spending donor money the way MADD head office does and I feel I had a responsibility to speak out."
A recent Star investigation, in which Bates was quoted, revealed that most of the millions MADD raises stays with the paid telemarketers, door knockers and direct mail companies hired by the charity to raise cash.
While MADD insists that 83.6 per cent of donated funds goes to the charity's programs, the Star found that it was virtually the reverse, with about 81 per cent of MADD money spent on fundraising and administration.
MADD is doing an internal review of its fundraising practices and has hired consultants to survey chapters to see if they are happy with the organization. The results of those initiatives would normally be discussed next month at the two committees from which Bates has been removed.
A MADD lawyer who spoke during the conference call told Bates "it would be inappropriate, perhaps uncomfortable" for him to remain on the committees, but did not elaborate. The lawyer did not return a call from the Star.
The Star received an email from the board's vice-chair, Al Newton, who said Bates was removed because he is a non-voting member of the board and the board had decided that only voting members should be on committees.
The Star has attempted to ask Newton why only five members of the 17-member board were able to remove Bates but Newton did not respond.
Tony Carvalho, one of the five board members who voted in the Monday night meeting, was helped by Bates in 1990 when Carvalho's son was killed in a drunk driving accident.
Told later by the Star that Bates felt betrayed by the board members who voted, Carvalho said: "Yes, John was helpful to me. We are friends and he was very supportive when we went through our situation (when his son was killed)."
Carvalho would not discuss his reasoning for voting against Bates. "I think there are always two sides to a story and I would like to leave it at that."
Long-time MADD volunteer Nancy Codlin, of the Durham chapter, reacted with dismay when she learned what had happened to Bates. "It's a sad day when the founder of MADD cannot ask questions. John is a dear, dear man who has the organization's best interests at heart."
At his home in Etobicoke yesterday, Bates tried to make sense of what happened.
On a wall in his cramped office hangs a series of plaques, including the Order of Canada, the country's highest civilian honour. Bates was awarded the distinction in 1998 for "his tireless dedication over the years to raising awareness of the tragic consequences of impaired driving."
It notes that his work resulted in a groundswell of support for legislative reform; made roads safer; reduced drunk driving fatalities; and his leadership and voluntary efforts with MADD "led to the development of a nation-wide support network for accident victims."
Bates, a retired magazine executive, took up the anti-drunk driving crusade in the early 1980s after a friend of his daughter's was killed by an impaired driver.
Bates was also awarded the title of "Founder of MADD" in 1993 for his "outstanding achievement and dedication" to the cause. This gave him a lifetime seat on the board.
MADD's top honour – the John Bates Volunteer of the Year award – is awarded in his name.
Strewn on his desk yesterday were unused notes for the Monday night call. Unused, because MADD chief executive officer Andrew Murie (who is not a board member) spoke up and called for the vote.
Bates had just told the people on the call: "Even though I am the one being held out as a bad guy (by MADD head office) I am the one trying to save this organization."
Bates told the Star he had very much wanted to discuss the fundraising issue and also remark on the importance in any organization of speaking out.
He had planned to quote slain civil rights leader Martin Luther King, who once said "Our lives begin to end the day we become silent about things that matter."
Bates, who founded MADD in the early 1990s (he was founder of an earlier group started in the 1980s which became MADD), remains on the board but he does not have voting rights.
MADD is Canada's largest anti-drunk driving charity, with revenues of about $12 million annually.
In its investigation, the Star found that the local, volunteer-driven chapters of the charity do a great deal of good work on a shoestring budget. But the majority of the fundraised millions stay with paid fundraisers.
Murie, MADD's chief executive officer, has told the Star that the telemarketers and others the charity hires to ask for cash are conducting charitable works because they are spreading the message of the organization.
The federal charity regulator does not condone this type of accounting.
Murie, who has previously said his charity is being criticized by a few "disgruntled" volunteers, did not respond to a request for an interview yesterday.
http://www.SanDiegoDUIhelp.com
The founder of MADD Canada, who spoke out against the national organization's fundraising practices, has been stripped of his role on the charity's two key committees.
"I feel betrayed," said John Bates, 79, whose quarter-century battle against drinking and driving earned him the Order of Canada.
Bates learned Monday evening he was gone from the charity's finance and policy committees, which monitor the organization's expenditures and revenues, and set the tone for the charity.
The news came to Bates during a brief teleconference involving five of the 17 board members of Mothers Against Drunk Driving.
"This seems to be in response to asking too many questions," Bates said yesterday. "But I don't believe in spending donor money the way MADD head office does and I feel I had a responsibility to speak out."
A recent Star investigation, in which Bates was quoted, revealed that most of the millions MADD raises stays with the paid telemarketers, door knockers and direct mail companies hired by the charity to raise cash.
While MADD insists that 83.6 per cent of donated funds goes to the charity's programs, the Star found that it was virtually the reverse, with about 81 per cent of MADD money spent on fundraising and administration.
MADD is doing an internal review of its fundraising practices and has hired consultants to survey chapters to see if they are happy with the organization. The results of those initiatives would normally be discussed next month at the two committees from which Bates has been removed.
A MADD lawyer who spoke during the conference call told Bates "it would be inappropriate, perhaps uncomfortable" for him to remain on the committees, but did not elaborate. The lawyer did not return a call from the Star.
The Star received an email from the board's vice-chair, Al Newton, who said Bates was removed because he is a non-voting member of the board and the board had decided that only voting members should be on committees.
The Star has attempted to ask Newton why only five members of the 17-member board were able to remove Bates but Newton did not respond.
Tony Carvalho, one of the five board members who voted in the Monday night meeting, was helped by Bates in 1990 when Carvalho's son was killed in a drunk driving accident.
Told later by the Star that Bates felt betrayed by the board members who voted, Carvalho said: "Yes, John was helpful to me. We are friends and he was very supportive when we went through our situation (when his son was killed)."
Carvalho would not discuss his reasoning for voting against Bates. "I think there are always two sides to a story and I would like to leave it at that."
Long-time MADD volunteer Nancy Codlin, of the Durham chapter, reacted with dismay when she learned what had happened to Bates. "It's a sad day when the founder of MADD cannot ask questions. John is a dear, dear man who has the organization's best interests at heart."
At his home in Etobicoke yesterday, Bates tried to make sense of what happened.
On a wall in his cramped office hangs a series of plaques, including the Order of Canada, the country's highest civilian honour. Bates was awarded the distinction in 1998 for "his tireless dedication over the years to raising awareness of the tragic consequences of impaired driving."
It notes that his work resulted in a groundswell of support for legislative reform; made roads safer; reduced drunk driving fatalities; and his leadership and voluntary efforts with MADD "led to the development of a nation-wide support network for accident victims."
Bates, a retired magazine executive, took up the anti-drunk driving crusade in the early 1980s after a friend of his daughter's was killed by an impaired driver.
Bates was also awarded the title of "Founder of MADD" in 1993 for his "outstanding achievement and dedication" to the cause. This gave him a lifetime seat on the board.
MADD's top honour – the John Bates Volunteer of the Year award – is awarded in his name.
Strewn on his desk yesterday were unused notes for the Monday night call. Unused, because MADD chief executive officer Andrew Murie (who is not a board member) spoke up and called for the vote.
Bates had just told the people on the call: "Even though I am the one being held out as a bad guy (by MADD head office) I am the one trying to save this organization."
Bates told the Star he had very much wanted to discuss the fundraising issue and also remark on the importance in any organization of speaking out.
He had planned to quote slain civil rights leader Martin Luther King, who once said "Our lives begin to end the day we become silent about things that matter."
Bates, who founded MADD in the early 1990s (he was founder of an earlier group started in the 1980s which became MADD), remains on the board but he does not have voting rights.
MADD is Canada's largest anti-drunk driving charity, with revenues of about $12 million annually.
In its investigation, the Star found that the local, volunteer-driven chapters of the charity do a great deal of good work on a shoestring budget. But the majority of the fundraised millions stay with paid fundraisers.
Murie, MADD's chief executive officer, has told the Star that the telemarketers and others the charity hires to ask for cash are conducting charitable works because they are spreading the message of the organization.
The federal charity regulator does not condone this type of accounting.
Murie, who has previously said his charity is being criticized by a few "disgruntled" volunteers, did not respond to a request for an interview yesterday.
http://www.SanDiegoDUIhelp.com
Tuesday, January 16, 2007
Prewritten DUI arrest reports uncovered
Orlando, FL - 9 Investigates has uncovered dozens of DUI suspects that may go free because sheriff's deputies appear to be using pre-written arrest reports. There are some experts who believe this may even amount to perjury.
When a deputy makes a DUI bust, the officer writes an arrest report. It's the official record of what the deputy says happened. But Eyewitness News has uncovered dozens of Orange County DUI arrest reports that apparently have come from pre-written templates.
One report, for instance, says the suspect "stumbled slightly when walking and swayed moderately ... with a three inch to five inch orbital rotation/sway." At least ten reports, written by the same deputy over a six-month period, use the exact same phrase. Even reports written by other deputies contain that exact phrase.
In many reports, the deputy noticed the "strong odor of an alcoholic beverage within my interior cab." That exact phrase appears in report after report. And it's there whether the suspect's blood alcohol content was anywhere from .03 to .16. 9 Investigates found 11 other reports, written by a different deputy, that use those exact words, again, no matter how much the suspect had to drink.
"It just doesn't smell right," said DUI defense attorney Stu Hyman. "It's a sad state of affairs when somebody hasn't even committed the offense yet, but the report has already been written."
9 Investigates found one deputy whose suspects always do an "orbital rotation" and always "counter-clockwise." Five deputies always leave their suspects in the car for exactly five minutes before smelling alcohol. In one case, a suspect was described as "he/she."
It all leads Hyman to believe the reports were pre-written.
"Why is it that everyone is swaying three to five inches? Why isn't it two to eight? Why not one to seven inches?" questioned Hyman....
9 Investigates found court testimony where a deputy indicated the sheriff's office has computer DUI templates. The deputy testified, "I've been told people use them. I just choose not to."
http://www.sandiegodui.com
www.sandiegoduihelp.com
When a deputy makes a DUI bust, the officer writes an arrest report. It's the official record of what the deputy says happened. But Eyewitness News has uncovered dozens of Orange County DUI arrest reports that apparently have come from pre-written templates.
One report, for instance, says the suspect "stumbled slightly when walking and swayed moderately ... with a three inch to five inch orbital rotation/sway." At least ten reports, written by the same deputy over a six-month period, use the exact same phrase. Even reports written by other deputies contain that exact phrase.
In many reports, the deputy noticed the "strong odor of an alcoholic beverage within my interior cab." That exact phrase appears in report after report. And it's there whether the suspect's blood alcohol content was anywhere from .03 to .16. 9 Investigates found 11 other reports, written by a different deputy, that use those exact words, again, no matter how much the suspect had to drink.
"It just doesn't smell right," said DUI defense attorney Stu Hyman. "It's a sad state of affairs when somebody hasn't even committed the offense yet, but the report has already been written."
9 Investigates found one deputy whose suspects always do an "orbital rotation" and always "counter-clockwise." Five deputies always leave their suspects in the car for exactly five minutes before smelling alcohol. In one case, a suspect was described as "he/she."
It all leads Hyman to believe the reports were pre-written.
"Why is it that everyone is swaying three to five inches? Why isn't it two to eight? Why not one to seven inches?" questioned Hyman....
9 Investigates found court testimony where a deputy indicated the sheriff's office has computer DUI templates. The deputy testified, "I've been told people use them. I just choose not to."
http://www.sandiegodui.com
www.sandiegoduihelp.com
Sunday, January 14, 2007
Outstanding San Diego Criminal Lawyer posts informative blog
Outstanding San Diego Criminal Defense Attorney Mary Prevost has informative blog: http://www.california-dui-defense.blogspot.com/ .
She is one of the lecturers at the January 26 seminar and has impressive credentials.
She is one of the lecturers at the January 26 seminar and has impressive credentials.
January 26 2007 San Diego DUI / DMV Seminar
Strategies In Handling DUI Cases
San Diego, CA January 26, 2007
Single Attendee: $329.00
Two or More: $319.00
Seminar ID: 373884
Agenda
9:00 a.m. – 10:00 a.m.
I. Developing a Theme, Pretrial Strategies and Motions in Limine
- Jon Bryant Artz
A. Exclude Evidence of Tolerance
B. Exclude PAS Test Results: Foundational Motion and Fourth Amendment Motion (1538.5)
C. Motion to Exclude FSTs and Other Creative Stuff
II. Jury Instructions
- Jon Bryant Artz
A. Memorandum of Law to Convince the Court to Give Specials
B. Instruction on Why the Court Must Tell the Jury to Disregard the Chemical Test If Foundational Facts Not Proved Beyond a Reasonable Doubt
C. The Presumptions Disappear When Contrary Evidence is Introduced Under New Cal.Crim.
D. Other Nifty Instructions
E. Instructions on Refusal
10:00 a.m. – 10:15 a.m.
Break
10:15 a.m. – 11:15 a.m.
III. Cross-Examination of the Arresting Officer
- Felipe Plascencia
A. The Expert
B. Tactics vs. Strategy
C. Field Sobriety Tests (Including Nystagmus)
D. How to Discredit the Officer in 10 Easy Steps
11:15 a.m. – 12:15 p.m.
IV. 15 Tricks in 60 Minutes
- Donald Bartell
A. an Insider's Guide to the Tips That Actually Work in the Real World
12:15 p.m. – 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. – 2:15 p.m.
V. How to Attack the Blood Test and the High Blood Alcohol Reading (0.15 to 0.40)
- Charles J. Unger
A. The High Blood Alcohol Case
1. Why They Are Often Easier
2. How to Use the Reading
B. Blood Test
1. It Is More Attackable Than Breath
2. How to Attack
2:15 p.m. – 3:15 p.m.
VI. Discovery
- Mary Frances Prevost
A. Discovery From the Prosecution
1. The Informal Request
2. What Must Be Provided
3. What Need Not Be Provided
4. Discovery Beyond Penal Code Section 1054
5. The Discovery Motion (Substance and Timing)
B. Public Records Discovery Under Government Code Section 6250 et seq.
C. Tort Claim Discovery
D. Police Officer Discovery
E. Subpoenas
1. Fighting Motions to Quash
2. Protecting Your Work Product
3:15 p.m. – 3:30 p.m.
Break
3:30 p.m. – 4:30 p.m.
VII. Administrative Per Se (APS) Hearings
- Rick Mueller
A. Strategies and Tactics at the DMV Hearing
1. Objections, Arguments and Contentions
2. Attacking Blood Test Evidence
3. Attacking Breath Test Evidence
4. Under 21/Zero Tolerance Cases
5. Refusals
B. Handing Writs From A to Z
1. Making a Winnable Administrative Record
2. Filing the Writ
3. Exparte Stay/Alternative Writ
4. Points and Authorities
5. Dealing With DMV Legal and Attorney General's Office
http://www.SanDiegoDUIhelp.com
San Diego, CA January 26, 2007
Single Attendee: $329.00
Two or More: $319.00
Seminar ID: 373884
Agenda
9:00 a.m. – 10:00 a.m.
I. Developing a Theme, Pretrial Strategies and Motions in Limine
- Jon Bryant Artz
A. Exclude Evidence of Tolerance
B. Exclude PAS Test Results: Foundational Motion and Fourth Amendment Motion (1538.5)
C. Motion to Exclude FSTs and Other Creative Stuff
II. Jury Instructions
- Jon Bryant Artz
A. Memorandum of Law to Convince the Court to Give Specials
B. Instruction on Why the Court Must Tell the Jury to Disregard the Chemical Test If Foundational Facts Not Proved Beyond a Reasonable Doubt
C. The Presumptions Disappear When Contrary Evidence is Introduced Under New Cal.Crim.
D. Other Nifty Instructions
E. Instructions on Refusal
10:00 a.m. – 10:15 a.m.
Break
10:15 a.m. – 11:15 a.m.
III. Cross-Examination of the Arresting Officer
- Felipe Plascencia
A. The Expert
B. Tactics vs. Strategy
C. Field Sobriety Tests (Including Nystagmus)
D. How to Discredit the Officer in 10 Easy Steps
11:15 a.m. – 12:15 p.m.
IV. 15 Tricks in 60 Minutes
- Donald Bartell
A. an Insider's Guide to the Tips That Actually Work in the Real World
12:15 p.m. – 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. – 2:15 p.m.
V. How to Attack the Blood Test and the High Blood Alcohol Reading (0.15 to 0.40)
- Charles J. Unger
A. The High Blood Alcohol Case
1. Why They Are Often Easier
2. How to Use the Reading
B. Blood Test
1. It Is More Attackable Than Breath
2. How to Attack
2:15 p.m. – 3:15 p.m.
VI. Discovery
- Mary Frances Prevost
A. Discovery From the Prosecution
1. The Informal Request
2. What Must Be Provided
3. What Need Not Be Provided
4. Discovery Beyond Penal Code Section 1054
5. The Discovery Motion (Substance and Timing)
B. Public Records Discovery Under Government Code Section 6250 et seq.
C. Tort Claim Discovery
D. Police Officer Discovery
E. Subpoenas
1. Fighting Motions to Quash
2. Protecting Your Work Product
3:15 p.m. – 3:30 p.m.
Break
3:30 p.m. – 4:30 p.m.
VII. Administrative Per Se (APS) Hearings
- Rick Mueller
A. Strategies and Tactics at the DMV Hearing
1. Objections, Arguments and Contentions
2. Attacking Blood Test Evidence
3. Attacking Breath Test Evidence
4. Under 21/Zero Tolerance Cases
5. Refusals
B. Handing Writs From A to Z
1. Making a Winnable Administrative Record
2. Filing the Writ
3. Exparte Stay/Alternative Writ
4. Points and Authorities
5. Dealing With DMV Legal and Attorney General's Office
http://www.SanDiegoDUIhelp.com
Saturday, January 13, 2007
San Diego DUI Attorney Links & Info
SAN DIEGO DUI "EVALUATION FORM" http://www.sandiegodui.com/survey.html
http://www.sandiegodui.com
http://www.sandiegoduihelp.com
http://www.1800thelawdui.com
http://wwww.sandiegodui.com/criminal
http://www.sandiegoduihelp.com
http://www.sandiegodui.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUI.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
http://www.sandiegoduihelp.com
http://www.1800thelawdui.com
http://wwww.sandiegodui.com/criminal
http://www.sandiegoduihelp.com
http://www.sandiegodui.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUI.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegodui.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegodui.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegodui.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegodui.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
<
http://www.sandiegodui.com
http://www.sandiegoduihelp.com
http://www.1800thelawdui.com
http://wwww.sandiegodui.com/criminal
http://www.sandiegoduihelp.com
http://www.sandiegodui.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUI.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
http://www.sandiegoduihelp.com
http://www.1800thelawdui.com
http://wwww.sandiegodui.com/criminal
http://www.sandiegoduihelp.com
http://www.sandiegodui.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUI.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegodui.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegodui.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegodui.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegodui.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
<
Thursday, January 11, 2007
Big DUI / DMV win in new blood test case
Glatman v. Valverde
http://www.courtinfo.ca.gov/opinions/documents/G036880.PDF
DMV cannot use a blood test report unless it is made at or near the time of the blood analysis. [Downer v. Zolin, Evidence Code 1280(b)] P. v. Martinez does not apply.
Having been specially recognized as a Contributor to the California Drunk Driving Law book, San Diego DUI Lawyer Rick Mueller is 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.
Section 11:73.3 shows Rick's attack on these blood test cases.
Section 11:219 From 11-9 is Rick's Blood Test Motion verbatim.
For help, http://www.SanDiegoDUIhelp.com
http://www.courtinfo.ca.gov/opinions/documents/G036880.PDF
DMV cannot use a blood test report unless it is made at or near the time of the blood analysis. [Downer v. Zolin, Evidence Code 1280(b)] P. v. Martinez does not apply.
Having been specially recognized as a Contributor to the California Drunk Driving Law book, San Diego DUI Lawyer Rick Mueller is 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.
Section 11:73.3 shows Rick's attack on these blood test cases.
Section 11:219 From 11-9 is Rick's Blood Test Motion verbatim.
For help, http://www.SanDiegoDUIhelp.com
US Postal Worker arrested for DUI at .31
WAUKESHA, Wis. - A mail carrier had a blood-alcohol level nearly four times the legal limit when he was arrested for driving his delivery truck into oncoming traffic and crashing into a sign, police said.
Thomas Lahiff was incoherent Friday when he returned to the post office, where he was arrested about an hour after the crash, Police Capt. Mike Babe said. He said tests showed the 46-year-old’s blood-alcohol level was 0.31 percent.
Lahiff now faces a drunken driving charge and was ticketed for hit-and-run causing property damage, Babe said. Police said Lahiff’s postal truck had crossed into oncoming traffic, jumped a curb and hit a “no parking” sign.
It happened about an hour before he returned to the post office, and it’s not clear where he was in the meantime, Babe said.
Postal Service spokeswoman JoAnne Blackburn said Lahiff was involved in an accident and would not be delivering mail pending an investigation, but she would not elaborate.
http://www.SanDiegoDUIhelp.com
Thomas Lahiff was incoherent Friday when he returned to the post office, where he was arrested about an hour after the crash, Police Capt. Mike Babe said. He said tests showed the 46-year-old’s blood-alcohol level was 0.31 percent.
Lahiff now faces a drunken driving charge and was ticketed for hit-and-run causing property damage, Babe said. Police said Lahiff’s postal truck had crossed into oncoming traffic, jumped a curb and hit a “no parking” sign.
It happened about an hour before he returned to the post office, and it’s not clear where he was in the meantime, Babe said.
Postal Service spokeswoman JoAnne Blackburn said Lahiff was involved in an accident and would not be delivering mail pending an investigation, but she would not elaborate.
http://www.SanDiegoDUIhelp.com
Wednesday, January 10, 2007
New 2007 San Diego California DUI Laws
Driving Under the Influence (DUI).
See also, Vehicle and traffic offenses (other then DUI).
Driver's license suspension (SB 1756; Ch. 692)
Amends Health and Safety Code 11836, adds Vehicle Code section 13352.1,
and amends Vehicle Code sections 13352, 13352.4, 23536, and 23538.
This bill increases the period of suspension if the person is placed on
probation for a first DUI, whose blood alcohol concentration was 0.20%
or more, or who refused to take a chemical test, from 6 months to 10
months.
Ignition Interlock Devices and suspended driver's licenses.
(AB 3045; Ch. 835)
Amends Vehicle Code sections 13386, 14601.2, 14601.4, and 14601.5.
Existing law requires DMV to certify or cause to be certified ignition
interlock devices, for use as specified.
Under this bill DMV requires that each interlock device operate in the
manner for which it was certified, prohibits manufacturers from
furnishing installers, service centers, technicians, or consumers with
technology or information allowing use of the device contrary to its
certified purpose, and prohibits an installer, service center, or
technician from changing the device from its certified criteria.
Existing law prohibits a person from driving a vehicle when his or her
driver's license has been suspended or revoked for violating specified
DUI provisions. Also, a court must require a person convicted of
specified offenses to install a certified ignition interlock device on a
vehicle that the person owns or operates.
This bill would prohibit the department from reinstating the privilege
to operate a motor vehicle until the department receives specified proof
that the certified ignition interlock device has been installed as
ordered.
Manslaughter while DUI (AB 2559; Ch. 91)
Amends Penal Code sections 191.5, 192, 192.5, 193, and 193.5.
Existing law defines as one type of vehicular manslaughter, the unlawful
killing of a human being while driving a vehicle in violation of
specified [DUI] provisions and in the commission of an unlawful act, not
amounting to a felony, but without gross negligence. Existing law
defines as another type of vehicular manslaughter, the unlawful killing
of a human being while driving a vehicle in violation of those specified
DUI provisions and in the commission of a lawful act that might produce
death, in an unlawful manner, but without gross negligence.
This bill requires the killing to be the proximate result of the
commission of the unlawful act or the proximate result of the commission
of the lawful act.
This bill also reorganizes the provisions relating to vehicular
manslaughter, including those on manslaughter involving vessels and
specified water devices.
Persons under age 21 driving with specified blood alcohol levels
(AB 2752; Ch. 899)
Amends Vehicle Code section 42001, adds Vehicle Code sections 42001.25
and 42002.1, and repeals Vehicle Code section 13390.
Existing law makes it unlawful for a person under the age of 21 years
who has a blood-alcohol concentration of 0.01% or greater, to drive a
vehicle; violators are subject to civil penalties.
This bill, instead, would make the above-described unlawful conduct an
infraction subject to criminal fines.
Existing law makes it is an infraction for a person under the age of 21
years who has 0.05% or more, by weight, of alcohol in his or her blood
to drive a vehicle. Violation is punishable by a fine up to $100 for a
1st conviction, a fine not exceeding $200 for a 2nd infraction occurring
within one year of a prior infraction resulting in a conviction, and a
fine up to $250 for a 3rd or subsequent infraction occurring with one
year of 2 or more prior infractions that resulted in convictions.
This bill, increases that third fine up to $300.
www.SanDiegoDUIhelp.com
See also, Vehicle and traffic offenses (other then DUI).
Driver's license suspension (SB 1756; Ch. 692)
Amends Health and Safety Code 11836, adds Vehicle Code section 13352.1,
and amends Vehicle Code sections 13352, 13352.4, 23536, and 23538.
This bill increases the period of suspension if the person is placed on
probation for a first DUI, whose blood alcohol concentration was 0.20%
or more, or who refused to take a chemical test, from 6 months to 10
months.
Ignition Interlock Devices and suspended driver's licenses.
(AB 3045; Ch. 835)
Amends Vehicle Code sections 13386, 14601.2, 14601.4, and 14601.5.
Existing law requires DMV to certify or cause to be certified ignition
interlock devices, for use as specified.
Under this bill DMV requires that each interlock device operate in the
manner for which it was certified, prohibits manufacturers from
furnishing installers, service centers, technicians, or consumers with
technology or information allowing use of the device contrary to its
certified purpose, and prohibits an installer, service center, or
technician from changing the device from its certified criteria.
Existing law prohibits a person from driving a vehicle when his or her
driver's license has been suspended or revoked for violating specified
DUI provisions. Also, a court must require a person convicted of
specified offenses to install a certified ignition interlock device on a
vehicle that the person owns or operates.
This bill would prohibit the department from reinstating the privilege
to operate a motor vehicle until the department receives specified proof
that the certified ignition interlock device has been installed as
ordered.
Manslaughter while DUI (AB 2559; Ch. 91)
Amends Penal Code sections 191.5, 192, 192.5, 193, and 193.5.
Existing law defines as one type of vehicular manslaughter, the unlawful
killing of a human being while driving a vehicle in violation of
specified [DUI] provisions and in the commission of an unlawful act, not
amounting to a felony, but without gross negligence. Existing law
defines as another type of vehicular manslaughter, the unlawful killing
of a human being while driving a vehicle in violation of those specified
DUI provisions and in the commission of a lawful act that might produce
death, in an unlawful manner, but without gross negligence.
This bill requires the killing to be the proximate result of the
commission of the unlawful act or the proximate result of the commission
of the lawful act.
This bill also reorganizes the provisions relating to vehicular
manslaughter, including those on manslaughter involving vessels and
specified water devices.
Persons under age 21 driving with specified blood alcohol levels
(AB 2752; Ch. 899)
Amends Vehicle Code section 42001, adds Vehicle Code sections 42001.25
and 42002.1, and repeals Vehicle Code section 13390.
Existing law makes it unlawful for a person under the age of 21 years
who has a blood-alcohol concentration of 0.01% or greater, to drive a
vehicle; violators are subject to civil penalties.
This bill, instead, would make the above-described unlawful conduct an
infraction subject to criminal fines.
Existing law makes it is an infraction for a person under the age of 21
years who has 0.05% or more, by weight, of alcohol in his or her blood
to drive a vehicle. Violation is punishable by a fine up to $100 for a
1st conviction, a fine not exceeding $200 for a 2nd infraction occurring
within one year of a prior infraction resulting in a conviction, and a
fine up to $250 for a 3rd or subsequent infraction occurring with one
year of 2 or more prior infractions that resulted in convictions.
This bill, increases that third fine up to $300.
www.SanDiegoDUIhelp.com
Monday, January 08, 2007
San Diego drunk driving news: Star College Point guard arrested for DUI & out for the season
One of the star players on this year's BYU basketball squad is out for the rest of the season.
Shaun Brodus is in trouble after being arrested early yesterday morning, just hours after playing his best game of the season.
The arrest comes as a shock to the BYU basketball program, which was starting to see improvement over the last couple of weeks. But now the team will have to play on, without the starting point guard.
This afternoon, the BYU players were informed that they will be without Broadus for the rest of the season. Broadus was pulled over for going 79 miles per hour on I-15 near the University Parkway exit around 5 yesterday morning. The UHP trooper who stopped Broadus smelled a strong odor of alcohol on both Broadus and a female passenger.
Broadus denied drinking, but the trooper suspected he was driving impaired and gave some field sobriety tests. From that he arrested Broadus on drunk driving, and then refused a breathalyzer test. He was released from jail about two hours later. From meetings today with Broadus, Coach Rose suspended him for the rest of the season.
Dave Rose, Head Coach, BYU Basketball Team: "Shaun's behavior this weekend is not in line with the standards we've set for ourselves and so I've decided to suspend Shaun for the rest of the season. And our team will get together this afternoon and will start to move forward from here."
And Broadus will likely face some discipline from the university, if the allegations prove true, because BYU's honor code prohibits students from drinking alcohol. He is a senior and in his last semester.
As far as the criminal case against him, Broadus will have to appear in court on the charges, which are misdemeanors and he could face fines and possible jail time, if he is convicted.
www.sandiegoduihelp.com
Shaun Brodus is in trouble after being arrested early yesterday morning, just hours after playing his best game of the season.
The arrest comes as a shock to the BYU basketball program, which was starting to see improvement over the last couple of weeks. But now the team will have to play on, without the starting point guard.
This afternoon, the BYU players were informed that they will be without Broadus for the rest of the season. Broadus was pulled over for going 79 miles per hour on I-15 near the University Parkway exit around 5 yesterday morning. The UHP trooper who stopped Broadus smelled a strong odor of alcohol on both Broadus and a female passenger.
Broadus denied drinking, but the trooper suspected he was driving impaired and gave some field sobriety tests. From that he arrested Broadus on drunk driving, and then refused a breathalyzer test. He was released from jail about two hours later. From meetings today with Broadus, Coach Rose suspended him for the rest of the season.
Dave Rose, Head Coach, BYU Basketball Team: "Shaun's behavior this weekend is not in line with the standards we've set for ourselves and so I've decided to suspend Shaun for the rest of the season. And our team will get together this afternoon and will start to move forward from here."
And Broadus will likely face some discipline from the university, if the allegations prove true, because BYU's honor code prohibits students from drinking alcohol. He is a senior and in his last semester.
As far as the criminal case against him, Broadus will have to appear in court on the charges, which are misdemeanors and he could face fines and possible jail time, if he is convicted.
www.sandiegoduihelp.com
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.
www.sandiegodui.com
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.
www.sandiegodui.com
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.
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.
Wednesday, January 03, 2007
San Diego drunk drivers can soon let a cellphone check to see if too drunk to drive
Too drunk to drive? Let a cellphone make the call
Tokyo, Japan - Japanese drivers concerned about whether they've had too much to drink can now find out - from their cellphones.
Service provider KDDI has helped develop a combined breathalyser and cellphone – called the Alc-Mobile - that will let bus and taxi companies know if their drivers can safely take the wheel.
When a driver blows into a tube on the phone it measures his or her level of intoxication and immediately sends the results to the employer's computer via the phone.
The phone also transmits a snapshot of the driver's face and his location, using the satellite-based global positioning system
When a driver blows into a tube on the phone it measures his or her level of intoxication
.
An alarm will be triggered on the employer's computer if the driver is inebriated.
KDDI says sales of the Alc-Mobile shot up following a nationwide campaign against drunk driving after a drunk driver killed three children in the south-western city of Fukuoka.
KDDI's Takeshi Ariizumi engineered the product with Tokai Electric.
"Up to now devices to measure intoxication were placed at taxi and bus stations," he said. "Companies could only see a driver's state when he left in the morning or when he returned at the end of the day."
Ariizumi said the real goal of the Alc-Mobile was to encourage people not to drive after drinking.
"It's not meant to catch drunk drivers but rather as a warning signal to prevent them from picking up a can of beer during lunchtime
The real goal of the Alc-Mobile is to encourage people not to drive after drinking
."
Four hundred ALC-Mobile sets have been sold to more than 30 companies at about ¥89 000 (R5300) each. The computer software costs another ¥58 000 (R3500).
Japan's national police agency said the country had nearly 14 000 drunk driving accidents in 2005, killing 707 people.
It plans to ask the Japanese parliament to increase the penalty for driving under the influence from three years in prison to a maximum of five and to double the fine to one million yen (R60 000).
http:/www.sandiegodui.com
Tokyo, Japan - Japanese drivers concerned about whether they've had too much to drink can now find out - from their cellphones.
Service provider KDDI has helped develop a combined breathalyser and cellphone – called the Alc-Mobile - that will let bus and taxi companies know if their drivers can safely take the wheel.
When a driver blows into a tube on the phone it measures his or her level of intoxication and immediately sends the results to the employer's computer via the phone.
The phone also transmits a snapshot of the driver's face and his location, using the satellite-based global positioning system
When a driver blows into a tube on the phone it measures his or her level of intoxication
.
An alarm will be triggered on the employer's computer if the driver is inebriated.
KDDI says sales of the Alc-Mobile shot up following a nationwide campaign against drunk driving after a drunk driver killed three children in the south-western city of Fukuoka.
KDDI's Takeshi Ariizumi engineered the product with Tokai Electric.
"Up to now devices to measure intoxication were placed at taxi and bus stations," he said. "Companies could only see a driver's state when he left in the morning or when he returned at the end of the day."
Ariizumi said the real goal of the Alc-Mobile was to encourage people not to drive after drinking.
"It's not meant to catch drunk drivers but rather as a warning signal to prevent them from picking up a can of beer during lunchtime
The real goal of the Alc-Mobile is to encourage people not to drive after drinking
."
Four hundred ALC-Mobile sets have been sold to more than 30 companies at about ¥89 000 (R5300) each. The computer software costs another ¥58 000 (R3500).
Japan's national police agency said the country had nearly 14 000 drunk driving accidents in 2005, killing 707 people.
It plans to ask the Japanese parliament to increase the penalty for driving under the influence from three years in prison to a maximum of five and to double the fine to one million yen (R60 000).
http:/www.sandiegodui.com
Tuesday, January 02, 2007
San Diego DUI & Escondido Drunk Driving news
No San Diego drunk driving fatalities on county highways during first 12 hours of New Year's weekend
SAN DIEGO DUI news - No fatalities occurred on San Diego County highways during the first 12 hours of the New Year's holiday period, but 33 people were arrested on suspicion of driving under the influence, the California Highway Patrol reported Saturday.
During the same period a year ago, 31 DUI arrests had been made in the region in the same time period, according to the CHP.
In neighboring Orange County, no fatalities were reported in the 12-hour period ending at 6 this morning, while DUI arrests stood at 30, compared to 18 in the same stretch last year.
But in Los Angeles County, three highway deaths were reported, compared to none during the same time period last year, according to the CHP.
Statewide, eight fatalities were reported in the 12-hour period that began at 6 last night, compared to six during the same stretch last year. DUI arrests were up -- at 388 from 340 a year ago.
CHP officers in Los Angeles County arrested 86 motorists on suspicion of driving under the influence of alcohol or drugs in the first hours of the holiday period, down from 97 in the same period last year.
Escondido DUI:
Escondido police arrested five motorists on suspicion of driving while intoxicated Friday during a roving sweep, authorities said.
City police, with assistance from San Diego police, patrolled Escondido from 7 p.m. Friday to 1 a.m. Saturday looking for motorists under the influence of alcohol or drugs, Lt. Mike Loarie said.
Police arrested another person for a misdemeanor arrest warrant and impounded 15 vehicles whose drivers were without a valid license, he said. Officers also cited 31 motorists for various violations, Loarie said.
The program was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
www.sandiegoduihelp.com
SAN DIEGO DUI news - No fatalities occurred on San Diego County highways during the first 12 hours of the New Year's holiday period, but 33 people were arrested on suspicion of driving under the influence, the California Highway Patrol reported Saturday.
During the same period a year ago, 31 DUI arrests had been made in the region in the same time period, according to the CHP.
In neighboring Orange County, no fatalities were reported in the 12-hour period ending at 6 this morning, while DUI arrests stood at 30, compared to 18 in the same stretch last year.
But in Los Angeles County, three highway deaths were reported, compared to none during the same time period last year, according to the CHP.
Statewide, eight fatalities were reported in the 12-hour period that began at 6 last night, compared to six during the same stretch last year. DUI arrests were up -- at 388 from 340 a year ago.
CHP officers in Los Angeles County arrested 86 motorists on suspicion of driving under the influence of alcohol or drugs in the first hours of the holiday period, down from 97 in the same period last year.
Escondido DUI:
Escondido police arrested five motorists on suspicion of driving while intoxicated Friday during a roving sweep, authorities said.
City police, with assistance from San Diego police, patrolled Escondido from 7 p.m. Friday to 1 a.m. Saturday looking for motorists under the influence of alcohol or drugs, Lt. Mike Loarie said.
Police arrested another person for a misdemeanor arrest warrant and impounded 15 vehicles whose drivers were without a valid license, he said. Officers also cited 31 motorists for various violations, Loarie said.
The program was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
www.sandiegoduihelp.com
Monday, January 01, 2007
Free DUI evaluation for San Diego DUI arrest
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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.
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.
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
