Ouch.

Our Fabulous Built-in Intelligence aka the FBI has quietly built a sophisticated, point-and-click surveillance system that performs instant wiretaps on almost any communications device, according to nearly a thousand pages of restricted documents newly released under the Freedom of Information Act.

The surveillance system, called DCSNet, for Digital Collection System Network, connects FBI wiretapping rooms to switches controlled by traditional land-line operators, internet-telephony providers and cellular companies. It is far more intricately woven into the nation's telecom infrastructure than observers suspected.

It's a "comprehensive wiretap system that intercepts wire-line phones, cellular phones, SMS and push-to-talk systems," says Steven Bellovin, a Columbia University computer science professor and longtime surveillance expert.

Slideshow

Snapshots of the FBI Spy Docs
DCSNet is a suite of software that collects, sifts and stores phone numbers, phone calls and text messages. The system directly connects FBI wiretapping outposts around the country to a far-reaching private communications network.

Many of the details of the system and its full capabilities were redacted from the documents acquired by the Electronic Frontier Foundation, but they show that DCSNet includes at least three collection components, each running on Windows-based computers.

The $10 million DCS-3000 client, also known as Red Hook, handles pen-registers and trap-and-traces, a type of surveillance that collects signaling information -- primarily the numbers dialed from a telephone -- but no communications content. (Pen registers record outgoing calls; trap-and-traces record incoming calls.)

DCS-6000, known as Digital Storm, captures and collects the content of phone calls and text messages for full wiretap orders.

A third, classified system, called DCS-5000, is used for wiretaps targeting spies or terrorists.

What DCSNet Can Do

Together, the surveillance systems let FBI agents play back recordings even as they are being captured (like TiVo), create master wiretap files, send digital recordings to translators, track the rough location of targets in real time using cell-tower information, and even stream intercepts outward to mobile surveillance vans.

FBI wiretapping rooms in field offices and undercover locations around the country are connected through a private, encrypted backbone that is separated from the internet. Sprint runs it on the government's behalf.

The network allows an FBI agent in New York, for example, to remotely set up a wiretap on a cell phone based in Sacramento, California, and immediately learn the phone's location, then begin receiving conversations, text messages and voicemail pass codes in New York. With a few keystrokes, the agent can route the recordings to language specialists for translation.

The numbers dialed are automatically sent to FBI analysts trained to interpret phone-call patterns, and are transferred nightly, by external storage devices, to the bureau's Telephone Application Database, where they're subjected to a type of data mining called link analysis.

FBI endpoints on DCSNet have swelled over the years, from 20 "central monitoring plants" at the program's inception, to 57 in 2005, according to undated pages in the released documents. By 2002, those endpoints connected to more than 350 switches.

Today, most carriers maintain their own central hub, called a "mediation switch," that's networked to all the individual switches owned by that carrier.

SAN DIEGO California DUI Defense attorney news:

A suspected San Diego California drunk driver allegedly lost control of his speeding car, went off the road and crashed into a sign early Friday, causing an unrestrained 17-year-old girl to be ejected from the back seat.

She suffered major injuries in the crash. The accident happened shortly before 2:45 a.m. when the 23-year-old driver of a 1988 Oldsmobile failed to negotiate a slight curve on eastbound Jamacha Road/state Route 54 near Campo Road.

The car allegedly spun out on the shoulder, hit a curb, struck a sign and then was projected into a Carl's Jr. parking lot.

The driver, who was wearing a seat belt and injured, was arrested on suspicion of a San Diego felony DUI.

San Diego California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI.



Worry-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.



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San Diego California DUI defense attorney news

California DUI police said Alton Ray Holston Jr. furiously proclaimed he was being unfairly targeted when they pulled him over after reportedly seeing his Dodge Intrepid weave in and out of its lane and run up on sidewalks.

Law enforcement officials and anti-drunken-driving advocates are equally furious and say the public should be, too.

Holston, it turned out, has already been arrested and convicted five times for California DUI/drunken driving. His recent arrest, which resulted in felony charges, marks his sixth.

While Holston's latest California DUI arrest -- and the fact he was driving with a suspended license -- angers officials, it does not surprise them.

"This repeat-offender issue is a very serious concern," said Chris Murphy, director of the California Office of Traffic Safety (OTS).

The most recent numbers available from the state Department of Motor Vehicles, from 2004, show that 180,957 people were arrested statewide on suspicion of California DUI/drunken driving, resulting in 139,331 California DUI convictions.

About 24 percent of California DUI/drunken driving suspects arrested in California have had a prior arrest during the past seven years, Murphy said.

In response, OTS is funding and promoting multiple programs aimed at aggressive supervision and prosecution of California DUI/drunken driving offenders.

State OTS money is helping to fund the Sacramento County district attorney's new "RED Team," which targets California DUI/drunken driving suspects who have blown off their court dates. The state office also is developing "hot sheet" lists targeting "the worst of the worst," Murphy said.

A program is being developed to provide intensified training for prosecutors. Other programs focus on intervention and treatment, which Murphy sees as crucial.

When a person is wheeled into an emergency room after an alcohol-related crash, or ends up in a detox room at the county jail, he or she may be in "a teachable moment," Murphy said.

Getting that person into a treatment program is a primary goal.

"We all drive these streets, we all have families, we all have a responsibility," Murphy said.

Why does someone who has been caught and punished repeatedly and had their driver's license suspended continue to get behind the wheel after drinking?

There's a simple three-word answer, said Matthias Mendezona executive director of Mothers Against Drunk Driving's California charter office.

"Because he can."

After the fines, the jail time, the license revocation, there is nothing to stop a person from drinking and driving.

"They can still crank up a car and go," Mendezona said.

MADD supports installation of "ignition interlock" devices on any vehicle available to a person convicted of California DUI/drunken driving. The device prevents the car from starting if it detects alcohol, and would be installed after the first offense, Mendezona said.

In California, those provisions are contained in Senate Bill 177, by Sen. Carole Migden, D-San Francisco, but there is no telling whether that legislation will be approved. It won't be acted on before next year.

An ignition interlock program in New Mexico has resulted in a "radical drop" in repeat offenders, Mendezona said.

"Our research shows that when a person is arrested for DUI, that person has been driving under the influence about 87 times before the arrest," Mendezona said. "That is scary for every Joe and Jane like us."

Sacramento County Sheriff John McGinness recently got up close and personal with the issue.

He said he saw a driver blow by him on the shoulder of the freeway, going about 70 mph. McGinness gave chase in his executive cruiser while calling in help from other agencies in the area. The driver was caught and turned out to be a four-time California DUI/drunken driving offender, he said.

McGinness favors trying just about anything that might help address the problem.

"There is no substitute for relentless prosecution of California DUI/drunken drivers. We have to start with that," he said.

And technological innovations like those supported by MADD may have their place, he said.

The big change will occur as people simply decide it is no longer socially acceptable to drink any quantity of alcohol and then drive, McGinness said.

Chronic offenders may never be successfully treated, he said, but he believes there are plenty of ways to reach that larger number of people at risk of racking up one or maybe two California DUI/drunk driving convictions.

http://www.latimes.com

Drunk Driving Police in California on High Alert

The Labor Day holiday typically marks the end of summer, and people tend to spend the three-day weekend barbecuing and partying with friends and family.
The weather is warm and the drinks will be flowing, but if you're planning to consume alcohol, California drunk driving police are warning that they will be looking for you.

Beginning tonight, authorities throughout the Bay Area are embarking on a four-day campaign to keep the roads free of drunken drivers.

Alameda County sheriff's deputies, California Highway Patrol officers and police from all cities will be on the lookout for California drunk driving / intoxicated drivers, said deputy Marty Neideffer, a spokesman for the Avoid the 21 campaign.

"Usually people are having the last fling of the summer, and the warmer it is, the more people drink," he said.

CHP officers will conduct roving patrols on area freeways, sheriff's deputies will be saturating the county's roads seeking California drunk driving / drunken drivers and police in each city will be on high alert looking for potentially dangerous California drunk driving / drivers.

Locally, Newark police have scheduled a California drunk driving / sobriety checkpoint for Monday evening, and teams of officers will be patrolling city streetsall weekend looking for California drunk driving / intoxicated drivers, Newark police Officer Karl Fredstrom said.

Fremont and Union City police are not planning to conduct California drunk driving / sobriety checkpoints, but officers in both cities also will be cracking down on dangerous California drunk driving / drivers.

One twist in this year's Labor Day weekend enforcement is the scheduled closure of the Bay Bridge, Neideffer said.

Authorities believe that California drunk driving / DUI arrests will be higher than normal this year because people will opt to stay away from San Francisco and spend more time in the East Bay.

http://www.YouTube.com

DUI Cops goin' Nuts this Weekend

California Drunk Driving law enforcement agencies are boosting the number of on-duty officers patrolling Peninsula roads this holiday weekend, especially with the scheduled closure of the Bay Bridge.

California Highway Patrol officials call the weekend a "maximum enforcement period" in which an increase in auto accidents and California DUIs is expected. The enforcement period will begin around the time of this afternoon's commute and end at midnight Monday.

"We have augmented our forces somewhat due to the Bay Bridge closure," CHP Sgt. Matt Otterby said.

Otterby would not say exactly how many extra officers the CHP will have on San Mateo County highways, but said the Highway Patrol typically doubles its numbers of on-duty officers during holidays. And with more traffic expected because of the bridge closure, that number will be even higher this weekend, he said.

Additional efforts to crack down on California drunk drivers include the Avoid the 23 campaign in San Mateo County. The campaign is a joint effort of all California law enforcement agencies in the county, including the California CHP.

According to information on the Avoid Web site, the stepped-up efforts will include checkpoints in Millbrae and San Bruno. There will also be DUI strike teams in Redwood City and Daly City, California which will have two officers per vehicle and focus on California DUI enforcement.

"We just want drivers who are on the road to know there are consequences when they drink and drive," said Tim Birch, the program coordinator.

Last year, 58 California DUI arrests were made in San Mateo County during the Labor Day weekend, up slightly from the 50 arrests in 2005. No fatal California DUI-related accidents occurred during the holiday weekend in 2005 or 2006.

http://www.cbs.com

DWI news - It can happen to anybody.

The daughter of Bernalillo County District Attorney Kari Brandenburg pleaded guilty to DWI/driving while intoxicated in Metro Court Thursday morning.

Court spokeswoman Janet Blair says that 23-year-old Brandi Koch received a suspended sentence from Judge Daniel Ramczyk but she must complete the court’s first-offender program.

The first offender program allows people with otherwise clean records to clean a conviction off their record provided they follow the terms of their sentence.

Ranczyk ordered Koch to attend DWI classes, alcohol screening and perform 24 hours of community service, according to Blair.

DUI news:

Collaborators in a state transportation safety plan recommended yesterday the use of car ignition interlock devices to prevent convicted drunken drivers from hitting the road.

Hawaii is one of four states that does not have ignition interlock provisions, said Mitch Roth, co-chairman of the governor's Highway Safety Council.

Officials plan to introduce a bill at the Legislature next year to allow ignition interlocks -- breath-testing devices that prevent a vehicle from starting unless the driver's alcohol level is below a preset blood concentration.

A Senate measure this year that would allow interlock devices was deferred to the 2008 session, while the House passed a resolution calling for further Transportation Department study.

Other strategies to deter drunken driving include urging police departments to adopt a mandatory blood-draw policy for serious vehicle crashes and continue high-visibility sobriety checkpoints.

These are part of a five-year strategic plan to help reduce the high number of traffic-related deaths in the state.

California drunk driving criminal defense attorney Labor Day update

The US of A is in the midst of the deadliest days of the year in terms of alcohol-related collisions, California DUI officials say.

The period beginning Aug. 17 and ending on Labor Day each year are the most dangerous to be on the roads, so it only makes sense that this is when law enforcement steps up patrols and saturations in an effort to reduce local casualties, maintained Traffic Sgt. John Mattke of the San Bernardino County Sheriff’s Department Victorville station.

During this time, county officials have planned seventeen California DUI checkpoints and fifty-five California drunk driving saturations, many of which have already taken place in the High Desert.

This weekend, authorities will end the period with a punch, with each city in the maximum California DUI enforcement effort.

To fund this county-wide the government plans on spending more than $100,000 on overtime from a $597,000 grant from the Office of Traffic Safety.

The California Highway Patrol, which reported 46 deaths statewide last Labor Day weekend will have 80 percent of their uniformed officers patrolling over the weekend.

CHP Commissioner Mike Brown plans to go out on patrol with ticket book in hand, said Officer Jeff Perez of the Victorville office.

“If you’re going to drink, don’t get behind the wheel,” said Victorville CHP Capt. Doug Rich. “It’s that simple.”

In 2005, there were more than 10,000 California DUI arrests in San Bernardino County. In 2006, there were 12,000 California drunk driving arrests, representing a 20 percent increase.

Also in 2005, nearly 2,000 people were injured or killed in San Bernardino County due to motorists DUI, drunk driving or driving under the influence, making it the fourth most dangerous in the state behind Los Angeles, San Diego and Orange counties.

They are trying to impress the public by claiming that California drunk driving is a violent crime that does have real consequences but is avoidable.

http://www.cbs.com

San Diego California DUI Lawyer & drunk driving attoreny - Yahoo & MSN help

SAN DIEGO California

San Diego's CHP, many zealous state agencies and the San Diego chapter of Mothers Against Drunk Driving announced plans Monday for an enforcement blitz targeting San Diego and California drunk driving over the Labor Day weekend.

During a late-morning briefing at the CHP's Border Division headquarters in Kearny Mesa, officials outlined the holiday crackdown, which will consist of long-running sobriety checkpoints and intensified patrols.

Last year, 25 people were killed in alcohol-related crashes statewide over the end-of-summer holiday weekend, noted Chris Murphy of the California Office of Traffic Safety and the Governors Highway Safety Association.


"It is important that we use all the tools and resources available to stop these senseless deaths and to send a clear reminder to drivers: If you are caught driving drunk this Labor Day weekend, you will be arrested," Murphy said. "No exceptions. No excuses."

The CHP is teaming with the National Highway Traffic Safety Administration, the California Office of Traffic Safety, MADD and a San Diego County law enforcement coalition called "Avoid the 14" to implement the crackdown, joining more than 350 state law enforcement agencies that are stepping up their efforts.

The timing for the campaign is significant because Labor Day, a holiday celebrated throughout the nation with parties and parades, has unfortunately become notorious as a day when thousands of drivers make the often deadly decision to drive while intoxicated, officials said.

Alcohol-related traffic deaths are higher than at any time since 1997. Preliminary 2006 data from the California Highway Patrol show that in San Diego County alone, 115 people were killed in 2006 due to DUI crashes, while 3,052 were injured.

Statewide, 1,276 Californians were killed in 2006 in drunk-driving crashes in which the responsible motorist had a blood-alcohol level of 0.08 or higher.

In the past year, nearly 13,500 people across the nation were killed in drunken driving crashes in which the drivers were above that legal limit of inebriation.

"Drunk driving is one of our nation's deadliest crimes, and we're working with our partners to eliminate it from our roadways," said NHTSA Deputy Jim Ports. "We need to come up with new solutions to solve the problem that address fatality numbers that have been too stagnant for too long."

Research has shown that well-publicized, highly visible and frequent sobriety checkpoints reduce alcohol-related crashes and fatalities by an average of 20 percent, California DUI officials said.

"There's just no excuse for driving drunk," said Pat Hodgkin of MADD San Diego, adding that the organization's goal is to "make it literally impossible for people to drive drunk."

CHP Chief Skip Carter echoed those sentiments, saying the ultimate objective of collaborative programs like the Labor Day crackdown is to "eliminate drunk driving in California. The solution is clear: Aggressive enforcement of drunk-driving laws reduces the number of injuries and deaths caused by drunk driving."

http://www.latimes.com

California Drunk Driving Criminal Defense Lawyers update

SAN FRANCISCO California DUI Attorney news

California drunk driving police will stage a California DUI checkpoint in San Francisco starting tonight and continuing through Friday morning to raise awareness against driving drunk.

The San Francisco Police Department is one of the California DUI law enforcement agencies participating in a multi-agency campaign against driving while impaired.

Funding to pay for the California DUI checkpoint is provided through the California Office of Traffic Safety.

Northern California DUI criminal defense attorneys will be checking to see if the California DUI checkpoint is constitutional.

http://www.youtube.com

DUI criminal defense lawyer news - new defense?

Police in Wisconsin have cited a legless man and his friend on a drunk driving charge, saying the amputee was at the wheel while his friend worked the pedals.

It was the third and second such DUI or drunk driving arrests for the men, respectively.

Police say the amputee was sitting in the driver's seat and allegedly told officers he had too much to drink.

The amputee apparently argued he wasn't really driving since the other man was on the brake and accelerator.

Police say a third man in the truck, who was also drunk, walked himself home after the traffic stop

San Diego California Drunk Driving Defense Attorney retained for 7th/12th time?

A man appeared in California DUI court Wednesday to face his 12th charge related to drinking and driving.

The 7th California DUI arrest of 36-year-old Alton Ray Holston Jr. has led some in the drunk driving community to demand tougher penalties for those convicted of California drunk driving.

The Sacramento hearing for Holston was continued until next month.

Holston, who remains in jail, was found in a car with an empty vodka bottle and an open 40-ounce bottle of beer, Citrus Heights police say.

Records show Holston has faced California DUI charges as far back as 1996.

Mothers Against Drunken Driving said state lawmakers need to get tough on those arrested for DUI.

A MADD representative said research shows that for every one time someone is arrested for California DUI, they have likely done it many more times.

"What used to work in terms of protecting us from such people is not working any more," said Matthies Mendezona of MADD.

Holston told KCRA 3 in a jailhouse interview that he had done his time for his past crimes and is "prepared to do what I need to do for what I have done."

Read this first. San Diego California DUI defense lawyers are not ordinarily public defenders. Lots of time is necessary to properly prepare San Diego California drunk driving cases.

San Diego Public Defenders do not do San Diego DMV hearings.

Ethics v. Expediency: Public Defender Fined for
Refusing to Try Case 2 1/2 Hours after Appointment

Washington, DC­ (August 27, 2007) – An Ohio public defender was fined $100 and given a three-day suspended sentence for refusing to go to trial unprepared in a multi-witness assault case the same day he was appointed. Portage County Municipal Court Judge John Plough imposed the sentence on Brian Jones after a three-hour hearing late Friday afternoon.

The sole witness at the contempt hearing was Arkansas lawyer and legal ethics expert John Wesley Hall, president-elect of the National Association of Criminal Defense Lawyers (NACDL). Jones was represented by NACDL member Ian Friedman of Cleveland, who questioned Hall for more than an hour about the ethics of the situation Jones was in. Hall was also questioned by the court.

The alleged contempt arose a week earlier on the day defendant Jordan Scott was scheduled to go to trial on the misdemeanor assault charge. The Portage County Public Defender’s Office was appointed to represent Scott on August 16. When Jones entered his appearance at 11:00 a.m. the next day, he learned that the case was set for trial that very day. The young attorney advised the court that he was unprepared for trial that day, but Judge Plough continued the case to 1:30 p.m., giving Jones 2-1/2 hours to prepare for trial. The public defender's office has a policy against going to trial on a day’s notice, a common occurrence in Judge Plough's court.

Jones tried to remind Judge Plough of his office’s policy, which he said the court had notice of, but the judge cut him off and ordered him arrested in open court. A deputy sheriff took the young lawyer into custody and confined him to an empty room in the courthouse where he was held for five hours before posting $100 bond. Plough continued the contempt hearing until August 24, and berated defendant Scott for not finding his own lawyer before trial.

The Ravenna Record-Courier reported that the incident was not the first time that the judge had threatened a public defender with contempt when appearing after being appointed with little time to prepare.

Ohio defense lawyers were outraged over Jones’ treatment and contacted NACDL. Portage County chief public defender Dennis Lager noted that defense lawyers have an ethical and legal duty to represent their clients competently and effectively, and not to go to trial unprepared.

After a number of phone consultations with Lager’s office and the Ohio Association of Criminal Defense Lawyers, NACDL President Carmen Hernandez, reaffirming the NACDL’s dedication to the right of indigent defendants to constitutionally- effective assistance of counsel, issued a statement condemning the Judge’s jailing of the public defender for standing up for his client’s Sixth Amendment rights. The NACDL press release was sent to news media and posted on the organization’s Web site.

“For the scales of justice to be balanced, both the prosecution and the defense must be prepared,” Hernandez said. “Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient. Harm is inevitable”

NACDL President Hernandez joined Immediate Past President Martin S. Pinales of Cincinnati and NACDL’s Indigent Defense Counsel, Malia Brink on a conference call to discuss what the association could do to help. Friedman volunteered to represent Jones pro bono and Hall volunteered his services as an expert witness. Thanks in part to media coverage – Jones’ arrest was reported in the press from Cleveland to Pittsburgh and also on ABC News’ Web page – the courtroom was packed for Jones’ sentencing on August 24.

“Most of the lawyers in the area showed up,” Hall said. There were a lot of reporters in the courtroom also, from as far away as Pittsburgh, but Hall had to remain outside until he was called to the stand. Expert witnesses can be excluded from hearings in the discretion of the trial judge.

Hall testified that no one could prepare adequately for trial in 2 1/2 hours. “Nobody could. I couldn’t.”

During the sentencing hearing, the judge seemed to defend his action, stressing that he insisted that the defense go to trial as scheduled to avoid inconveniencing the prosecution’s witnesses. The witnesses had been under subpoena for two weeks, even though Scott had no lawyer until Jones was appointed. Plough also said that as a compromise, he would have granted Jones a continuance after the prosecutor had presented its case-in-chief. But, as Hall explained, without having spoken to the defendant’s witnesses cross-examination of the state’s witnesses would not have been meaningful at all because there would be no defense theory for cross-examination. The judge also noted in passing that most defendants plead guilty in his court anyway.

Jones was also assessed less than $50 restitution to compensate two of the state’s civilian witnesses who took a day off from work to attend the trial.

Friedman says that his client will appeal.


The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL’s 12,000-plus direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling more than 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal justice system.

Ethics v. Expediency: Public Defender Fined for
Refusing to Try Case 2 1/2 Hours after Appointment

Washington, DC­ (August 27, 2007) – An Ohio public defender was fined $100 and given a three-day suspended sentence for refusing to go to trial unprepared in a multi-witness assault case the same day he was appointed. Portage County Municipal Court Judge John Plough imposed the sentence on Brian Jones after a three-hour hearing late Friday afternoon.

The sole witness at the contempt hearing was Arkansas lawyer and legal ethics expert John Wesley Hall, president-elect of the National Association of Criminal Defense Lawyers (NACDL). Jones was represented by NACDL member Ian Friedman of Cleveland, who questioned Hall for more than an hour about the ethics of the situation Jones was in. Hall was also questioned by the court.

The alleged contempt arose a week earlier on the day defendant Jordan Scott was scheduled to go to trial on the misdemeanor assault charge. The Portage County Public Defender’s Office was appointed to represent Scott on August 16. When Jones entered his appearance at 11:00 a.m. the next day, he learned that the case was set for trial that very day. The young attorney advised the court that he was unprepared for trial that day, but Judge Plough continued the case to 1:30 p.m., giving Jones 2-1/2 hours to prepare for trial. The public defender's office has a policy against going to trial on a day’s notice, a common occurrence in Judge Plough's court.

Jones tried to remind Judge Plough of his office’s policy, which he said the court had notice of, but the judge cut him off and ordered him arrested in open court. A deputy sheriff took the young lawyer into custody and confined him to an empty room in the courthouse where he was held for five hours before posting $100 bond. Plough continued the contempt hearing until August 24, and berated defendant Scott for not finding his own lawyer before trial.

The Ravenna Record-Courier reported that the incident was not the first time that the judge had threatened a public defender with contempt when appearing after being appointed with little time to prepare.

Ohio defense lawyers were outraged over Jones’ treatment and contacted NACDL. Portage County chief public defender Dennis Lager noted that defense lawyers have an ethical and legal duty to represent their clients competently and effectively, and not to go to trial unprepared.

After a number of phone consultations with Lager’s office and the Ohio Association of Criminal Defense Lawyers, NACDL President Carmen Hernandez, reaffirming the NACDL’s dedication to the right of indigent defendants to constitutionally- effective assistance of counsel, issued a statement condemning the Judge’s jailing of the public defender for standing up for his client’s Sixth Amendment rights. The NACDL press release was sent to news media and posted on the organization’s Web site.

“For the scales of justice to be balanced, both the prosecution and the defense must be prepared,” Hernandez said. “Asking a lawyer to go to trial without preparation is like asking a doctor to perform surgery before diagnosing the patient. Harm is inevitable”

NACDL President Hernandez joined Immediate Past President Martin S. Pinales of Cincinnati and NACDL’s Indigent Defense Counsel, Malia Brink on a conference call to discuss what the association could do to help. Friedman volunteered to represent Jones pro bono and Hall volunteered his services as an expert witness. Thanks in part to media coverage – Jones’ arrest was reported in the press from Cleveland to Pittsburgh and also on ABC News’ Web page – the courtroom was packed for Jones’ sentencing on August 24.

“Most of the lawyers in the area showed up,” Hall said. There were a lot of reporters in the courtroom also, from as far away as Pittsburgh, but Hall had to remain outside until he was called to the stand. Expert witnesses can be excluded from hearings in the discretion of the trial judge.

Hall testified that no one could prepare adequately for trial in 2 1/2 hours. “Nobody could. I couldn’t.”

During the sentencing hearing, the judge seemed to defend his action, stressing that he insisted that the defense go to trial as scheduled to avoid inconveniencing the prosecution’s witnesses. The witnesses had been under subpoena for two weeks, even though Scott had no lawyer until Jones was appointed. Plough also said that as a compromise, he would have granted Jones a continuance after the prosecutor had presented its case-in-chief. But, as Hall explained, without having spoken to the defendant’s witnesses cross-examination of the state’s witnesses would not have been meaningful at all because there would be no defense theory for cross-examination. The judge also noted in passing that most defendants plead guilty in his court anyway.

Jones was also assessed less than $50 restitution to compensate two of the state’s civilian witnesses who took a day off from work to attend the trial.

Friedman says that his client will appeal.
- 30 -

The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL’s 12,000-plus direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling more than 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal justice system.

DUI lawyer news flooding the country

BARTLETT, Illinois

A 20-year-old woman who had to be rescued by firefighters from the roof of her car after she tried driving down a road that was blocked because heavy rains had caused it to flood, has been charged with drunken driving.

A Bartlett police officer on patrol in the area of Stearns and Munger roads about 11:45 p.m. on Friday, Aug. 24, saw a car head south on Munger Road around a set of “Road Closed” barricades, according to a release Tuesday from police. The road was blocked because a portion of Munger was flooded after the recent heavy rainfall and storms.

The car drove into the flooded roadway and, within minutes, was fully submerged in five feet of water before the officer could catch up to it, the release said.

The driver, Megan R. Wood, escaped the car on her own and sat on top of the roof until Bartlett Fire Protection District firefighters carried her out of the water.

Wood, 20, of West Chicago, was charged with two counts of DUI and cited with disobeying a traffic control device and driving in the wrong lane.

SAN DIEGO California DUI defense lawyer update

San Diego's California Highway Patrol and Mothers Against Drunk Driving are planning an enforcement blitz in San Diego that targets San Diego drunk driving over Labor Day weekend.

The San Diego DUI crackdown includes San Diego drunk driving sobriety checkpoints and intensified San Diego DUI police patrols.

San Diego California drunk driving criminal defense attorneys have been alerted.

California Drunk Driving Defense Lawyer news

A California man is charged with felony drunken driving causing death after an Idaho woman died in a weekend crash in southern Nevada.

Henderson police say an officer tried to stop a white Scion after it was allegedly swerving (on Greenway Road near Boulder Highway) about 2 p.m. Sunday.

Police say the car sped away.

Officials say the officer didn't chase the car -- but followed in the same direction.

That's when the car slammed into a light pole at Water Street and Church Street.

The Clark County coroner's office says 20-year-old Cami K. Coronado, of Idaho Falls, was pronounced dead at Sunrise Hospital and Medical Center in Las Vegas.

Police say 23-year-old John Wayne Ascencio of Chino California was taken to St. Rose Sienna Hospital in Henderson. That's where he was arrested for felony DUI.

California drunk driving defense attorney news

Rebecca Broussard, 44, model, actress and baby mama of Jack Nicholson's two youngest children, was arrested Sunday afternoon on charges of a California felony DUI.

She was booked at the Valley Jail in Van Nuys, California late Sunday night and released on $100,000 early Monday morning. Rebecca's current husband, Dennis, was a passenger in the car and suffered a broken arm.

Broussard was arrested for the California drunk driving charge under her former married name of Rebecca Kelly, and is due to appear back in California DUI court September 17th.

Broussard and Nicholson have a daughter, Lorraine, 17, and a son, Raymond, 15.

City DUI Copy arrests Tennessee State trooper on a charge of DUI

While that would be embarrassing enough, consider that Trooper Vernon Pruitt was then booked for DUI at the Charles W. Pruitt Justice Center. It's named for his late father, who was a long-time Millington judge.

The 49-year-old trooper is charged with DUI or driving under the influence, reckless driving and speeding.

The arresting officer's report states Pruitt was stopped Thursday morning and allegedly performed poorly on DUI field sobriety tests, then blew a 0.09 on a blood-alcohol test. That's just above the 0.08 level of presumed intoxication.

San Diego DUI Criminal Defense Attorney news

SAN DIEGO California DUI

A woman was sentenced to six years in California prison for striking a pickup while driving drunk and killing another driver.

Deborah Faye Schofield, 48, pleaded no contest July 30 to gross vehicular manslaughter with intoxication. She had faced a maximum sentence of 10 years.

Schofield cried and hung her head Monday as her 18-year-old son, 21-year-old daughter and father asked Superior Court Judge David Danielsen for leniency. She then apologized to the victim's family before being led away in handcuffs.

"I have to live with what I did the rest of my life," Schofield said. "I accept responsibility."

Joseph Sketcher Raby, 29, died after his pickup was struck the night of Aug. 31, 2006, on state Route 56 in San Diego. According to previous testimony, Schofield was weaving in and out of lanes before she drove off the road. She then swerved back onto the highway and collided with Raby's pickup, causing it to overturn.

San Diego DUI Prosecutors said Schofield's blood-alcohol level was 0.25 percent when tested less than two hours after the collision.

A top San Diego DUI criminal defense lawyer pointed out there may have been problems with the San Diego DUI testing, and that the San Diego DUI arrestee's true blood-alcohol content may have been as low as 0.15 percent.

http://www.msn.com

San Diego California DUI defense attorney update

East Carolina sophomore quarterback Rob Kass was arrested during the weekend on charges of DWI after he was stopped at a police drunk driving checkpoint.

He registered .19 on a DUI breathalyzer, more than two times the legal limit of alcohol.

Kass, 20, is projected as the starting quarterback as the Pirates head into Saturday's season opener at No. 5 Virginia Tech. ECU coach Skip Holtz said Monday he was not ready to address Kass' situation publicly.

Kass also was charged with provisional DWI because he is under the legal age to drink alcohol.

http://www.sandiegodrunkdrivingattorney.net/

San Diego drunk driving defense attorney news

A man was charged with a DUI after he ran into a police horse.

The mounted Tampa police officer and his horse received minor injuries from the crash in Ybor City early yesterday morning.

Police charged Arleis Perez with DUI with property damage or personal injury. He was released from jail on a $500 bond.

Police say the officer and his horse landed on the hood and windshield of Perez's car. They are expected to recover.

San Diego California Drunk Driving Criminal Defense Lawyer news

A motorist was arrested today on suspicion of a California DUI in connection with a four-vehicle crash just off the San Diego Freeway near Los Angeles International Airport.

The crash occurred at Sepulveda and Lincoln boulevards in Westchester about 5 p.m. Sunday, said a California DUI officer at the Los Angeles Police Department's West Traffic DUI Division.

One person was arrested on suspicion of a California DUI.

No one was seriously injured, but at least two people were taken to hospitals with minor injuries.

http://www.sandiegodui.com

Cop with 41 DUI arrests has alleged alcohol charges himself

MADD recently commended Justin Revnell, a sheriff's deputy, as part of its "SALUTE Michigan Law Enforcement program that encourages agencies to prioritize drunk driving arrests.”

Revnell, nephew of Grand Traverse County Sheriff Scott Fewins, was charged with domestic violence after an alleged drunken altercation with a life-in girlfriend in late 2004.

The alleged victim said Revnell was allegedly intoxicated when he drove home from a Garfield Township tavern Dec. 30, 2004, and allegedly assaulted her during an argument. Prosecutors also alleged another alcohol-related incident against Revnell stemming from an earlier encounter with the woman.

Michigan's MADD spokesman, Homer Smith, claimed he wasn't aware of Revnell's troubles. MADD relies on local police to recommend officers for recognition and doesn't do background checks on those officers.

Officers with more than 25 drunk driving arrests over the past year received MADD awards. Revnell had 41 DUI arrests. Which criminal defense lawyer will he call?

http://www.YouTube.com

DUI criminal defense attorney news:

Pima County Arizona DUI sobriety checkpoints have netted a tiny number of DUI arrests despite stopping tens of thousands of drivers since 2005.
Since the Sheriff's Department began staging checkpoints nearly two years ago — overriding authorities' previous concerns that the stops yielded few arrests — fewer than 1 percent of the more than 46,000 drivers stopped have been arrested on suspicion of DUI.
And fewer than half of those arrested have been convicted.
Even with the low arrest rates, proponents defend the checkpoints, saying they deter drunken driving by educating people about its dangers. Every person deputies stop receives anti-drunken-driving pamphlets, which they say means one more person who may avoid driving under the influence.
Still, the number of DUI arrests has remained constant since the stops were reinstituted in September 2005 after a 10-year hiatus. In other words, it doesn't appear fewer drivers are driving while drunk.
But critics of the checkpoints, including DUI criminal defense attorneys and civil libertarians, question their effectiveness and legality. They say police have more sure-fire methods for spotting drunken drivers, such as concentrated patrols.
The Sheriff's Department has spent more than $140,000, mostly in federal and state money, on 63 staffed checkpoints though May.
DUI checkpoints force drivers to stop and talk with a deputy, who asks them if they've consumed alcohol or taken drugs. Depending on the driver's answer, the deputy will inspect the driver for bloodshot eyes, alcohol-tinged breath and other telltale signs of impairment.
How effective those procedures are, and to what degree critics say they constitute an unreasonable search and seizure, is up for debate.
Between September 2005 and May 2007, the Sheriff's Department conducted 1,168 such tests at DUI checkpoints, records show. That means that for every four drivers who were screened, deputies arrested one.
One of those tested that July 4 night was a woman in her 20s who registered 0.119 percent blood-alcohol level on a Breathalyzer, above the state's 0.08 percent DUI level.
In the back seat sat two minors drinking beer, the remnants of a 24-pack between them.
From 9:15 p.m. to 12:15 a.m., deputies counted 1,239 cars that passed through, an arrest rate of less than one-tenth of 1 percent. Thirteen deputies staffed that checkpoint.
Such low rates, critics say, are why authorities should be shifting tactics.
Police officers are trained in how to spot drunken drivers but it's not an efficient use of your time or of taxpayer dollars. Such random stops just waste the time of sober drivers and law enforcement.
While it's hard to say just how effective DUI checkpoints are compared with other enforcement methods, statistics show that their educational component is also debatable: DUI arrests have remained relatively constant each month since they began in September 2005.
That month, the department recorded 125 DUI arrests; in June 2007, there were 127. The most between those months was this May, at 175.
The department stopped DUI checkpoints in the mid-'90s amid concerns of low arrest rates, Woolridge said. But after sheriff's officials examined studies that showed checkpoints have a deterrent effect, the department restarted the program.
Few arrests, fewer convictions
The list of checkpoint arrests is available through a public-records request:
- Sheriff's officials counted 46,781 drivers who went through the checkpoints, most of whom were not arrested or even tested for being impaired.
- Of those drivers who were stopped, deputies arrested 282 on suspicion of drunken driving. That accounts for 0.6 percent of all drivers who went through the checkpoints.
-Of the 180 DUI cases that have been through the courts, 105 have been dismissed. Defense lawyers point to weak evidence, such as a lack of reasonable suspicion, and constitutional violations as reasons why, although they say each case is different.
- While deputies were able to stop drivers who were perhaps the most egregious offenders, they also snagged some who were far below the DUI level. Still, Arizona law prohibits drivers from getting behind the wheel if they're impaired to the slightest degree.
- Although most of the arrests or citations at checkpoints were DUI-related, more than 100 were not. Citations ranged from possession of marijuana to driving on a suspended license.
Five to 30 deputies can staff a checkpoint, statistics show, with a few sergeants at each checkpoint, too. Six to 12 sheriff's volunteers assist the officers. In the last two years, the agency has spent about $142,000 on overtime pay for checkpoints, data show. If divided up yearly, that accounts for a sizable amount of the funds from the National Highway Traffic Safety Administration and the state, according to a calculation of budget figures.
About $120,000 of the federal money given to Arizona went to the Sheriff's Department in fiscal 2007 to help pay for deputies' overtime at checkpoints and DUI patrols, said Michael Hegarty, the deputy director of the Governor's Office of Highway Safety. The state gives the money to Pima County, which then divvies it up to local agencies, including the Sheriff's Department.
Among the checkpoints with the most deputies was one conducted during Labor Day weekend in 2005. Records show 27 deputies staffed the checkpoint for more than three hours, netting four arrests at North La Cholla Boulevard and West Ruthrauff Road out of 571 drivers who passed through.
But to some DUI-checkpoint proponents, hassles for so many sober drivers are worth it even if the stops cause delays.
Still, the most widely cited alternative to sobriety checkpoints are "saturation patrols," which increase the number of police officers on the streets to look for drunken drivers.
Thus, DUI criminal defense lawyers and DUI checkpoint critics say, defendants have more evidence against them as officers can observe more telltale signs of impairment, such as weaving or stopping at a green light.
Some agencies, including the Tucson Police Department, have stopped conducting checkpoints, a spokesman said, but he could not elaborate.
Nonetheless, the Governor's Office of Highway Safety maintains a DUI checkpoint is not about arresting; it's about having a presence and educating the community.
Here and in other states, authorities plan to continue using checkpoints as part of their arsenal against drunken driving.
In fact, state and local officials are planning a crackdown on drunken driving this Labor Day weekend that will include a checkpoint in Pima County.
One professor who has studied the effectiveness of DUI checkpoints said his results show that checkpoints were associated with a 20 percent reduction in drunken-driving crashes in the Maryland-Virginia-Washington, D.C., area. But that's only if they are done often enough and publicized, said Kenneth H. Beck, a professor of public and community health at the University of Maryland. Otherwise, they're not likely to get the deterrent effect.
DUI checkpoints are much more common nationwide. But of the more than 1.5 million people who are arrested for drinking and driving each year, more are arrested for Drunk Driving outside of DUI checkpoints.
Compare how effective various DUI checkpoints have been over the past two years in an interactive map at http://www.azstarnet.com/crime.

California DUI criminal defense lawyer news

Repeat California DUI offender Miguel Garcia will spend a year in jail.

During a hearing at the Barstow courthouse on Friday, Garcia, 53, pleaded guilty to his fourth time driving under the influence in 10 years, which is a felony.

California DUI attorney Prosecutor Standley wanted Garcia to spend 16 months in a California state prison and then go on parole. Based on time served and credits for good behavior, the difference between a possible jail sentence and prison sentence would be about a month, but there is a “shock factor” to going to prison as opposed to jail, California DUI attorney Prosecutor Standley said.

“Felonies go to prison,” California DUI attorney Prosecutor Standley said. “If he got a break the first time, he certainly should not get one the second time.”

Normally a misdemeanor offense, a DUI arrest becomes a felony after the offender’s fourth arrest in 10 years. Garcia’s first of five DUI arrests and convictions occurred in 1994, outside of the 10-year limit.

Garcia has already served jail time for a DUI offense and recently completed an alcohol-rehabilitation program, a fact California DUI attorney John Crouch hoped would help his client’s chances in sentencing.

“I was really hoping I was going to soften the DA’s heart and get credit for the inpatient program,” his California DUI defense attorney said.

There is concern about supervision after release in court on Friday. In his decision to accept the plea, he said that parolees often receive less supervision than people on probation. California DUI attorney Crouch said there are more probation officers than parole agents, allowing them to keep a more watchful eye. California DUI attorney Prosecutor Standley said the supervision issue would depend on Garcia’s probation or parole agent.

“He is really understanding this time and does not plan to drink another drink,” California DUI attorney Crouch said. “I hope he doesn’t.”

California DUI attorney Prosecutor Standley said Garcia’s multiple offenses, even after treatment and jail time, shows he does not care about the consequences of California drunk driving.

San Diego California drunk driving criminal defense attorney news

California DUI law calls for a felony if a person picks up his 4th DUI within 10 dyears.

A repeat drunk driver is going to be the first test of Washington's new felony drunk law. It means if convicted, he will have to serve prison time instead of a few days in jail.

Until now, offenders have gotten away with a misdemeanor, no matter how many previous DUIs they had. The sentences usually led to a bit of county jail time.

But those days are gone. Now five DUI convictions in ten years adds up to a felony, which means at least a year in state prison and a $10,000 fine.

Paul Yahne of Gig Harbor is the first to be snared by the state's new felony drunk driving law. He already had four DUI convictions when he was pulled over along highway 16 in Tacoma by an off-duty transit police officer Tuesday night and turned over to University Place police.

When police looked inside Yahne's truck, they saw the dashboard had been ripped apart. They say it appeared he had disabled the ignition interlock device designed to prevent him from driving while drunk.

They'd already taken away his license, but that didn't prevent him from driving.

Yahne is here being held on $100,000 bail.

They must not have that felony law in Missouri:

A man is behind bars with a 25,000 dollar bond after being arrested for his seventh DUI. Missoula Police arrested Martin Salvador Thursday. Once officers pulled him over, Salvador provided a breath sample at the scene, and police say the result was .228. Officers say Salvador also drove with a suspended drivers license.

Salvador has six prior DUI convictions.

How much did it cost to set up San Diego California DMV's administrative per se license suspension system aka Stop n Snatch? More than $2 million dollars!

A key recommendation of another state's DUI Task Force failed to pass its Legislature. The proposal in question, known as “administrative license revocation,” would require immediate suspension of a drunk driving suspect’s license upon arrest. As things stand now, the suspect keeps his or her driver’s license until the case comes to trial and a judge orders revocation as part of the sentence.

Tennessee is one of just nine states lacking some sort of “administrative license revocation”. The governor was astonished to learn that the $2 million in new spending needed to set up an administrative license revocation system was not included in his budget proposal.

Under the revocation proposal, a police officer would seize a DUI suspect’s license upon arrest. The suspect could have an administrative hearing within 30 days and seek return of the license pending trial. Most of the $2 million estimated cost comes from setting up the hearing system.

The DUI Task Force recommended several other changes, including repeal of a law that calls for first-time offenders to spend part of their 48-hour sentence picking up litter rather than in jail.

Another recommendation would make it a crime for anyone to have an open container of alcohol in a vehicle. Current law prohibits a driver from having an open container, but not passengers. Critics call it a “pass the bottle” law.

http://www.time.com

San Diego California drunk driving defense attorney update

DUI is bad music

Star R & B singer D'Angelo has accepted a DUI plea deal in a Virginia Court for charges from an alleged 2005 DUI incident.

The singing star, real name is Michael Archer was seriously injured in rolling over his vehicle during the alleged alcohol involved accident.

D'Angelo was given a suspended sentence of 9 days in jail, 15 months without a driver’s license, and a $1,000 fine in exchange for pleading guilty to DUI and driving on a suspended license.

The reckless driving charge from the 2005 accident was dropped as part of the plea arrangement.


http://www.YouTube.com

California DUI lawyer news

First time drunken-driving offenders now will have to pass a breath test every time they get behind the wheel, under legislation signed into law Friday.

The measure, among the strictest in the nation, would require an estimated 30,000 first-time offenders whose licenses have been suspended to blow into devices that measure blood-alcohol content. If alcohol is detected, the car will not start.

Known as breath alcohol ignition interlock devices, the gadgets also would test drivers periodically while the car is running.

"This is really a more humane punishment for DUI offenders," said Stephen Carr, director of Mothers Against Drunk Driving of Illinois. "In the past, DUI offenders have had their licenses suspended or revoked, which doesn't allow them to make a living or go to work. This would prevent [drunken] driving while allowing offenders to be contributing members of society."

Illinois is the fourth state to require the devices for first-time offenders, after New Mexico, Arizona and Louisiana, according to the National Conference of State Legislatures.

One of the bill's sponsors, state Sen. John Cullerton (D-Chicago), said the Illinois law will be the most stringent because test results will be monitored by the secretary of state's office.

Those who test positive for alcohol or try to disable the system could face additional punishment.

In 2006, Illinois recorded almost 500 deaths from alcohol-related crashes, according to information from the Illinois Department of Transportation. Supporters of the new law hope it will decrease that number, citing a 12 percent drop in alcohol-related fatalities in New Mexico after that state implemented a similar law in 2005.

About 3,000 Illinois drivers, primarily second-time DUI offenders, have the devices in their vehicles. That number is expected to increase to 30,000 once the law goes into effect on Jan. 1, 2009, said Susan McKinney, manager of the breath alcohol ignition interlock division of the secretary of state's office.

The locks, which are rented, cost about $150 to install, plus an additional $100 or so in monthly fees to cover monitoring by the device's manufacturer and the secretary of state's office.

San Diego Drunk Driving Criminal Defense Lawyer news

Former San Diego Chargers star wide receiver was questionably arrested Thursday even after a negative test for alcohol.

DUI police arrested Tampa Bay Buccaneer David Boston on suspicion or mere hunch of DUI.

DUI Police received a call around 7:30 p.m. about a vehicle sitting through light cycles at the intersection of 49th street and Park boulevard.

Boston was allegedly found passed out behind the wheel. He may have been tired. Wonder if that police officer has ever attended an NFL football camp.

He told police he was headed from a training camp near Orlando to a hotel near Tampa International Airport and said he got lost.

A breath test came back negative so one has to wonder why he was even arrested!
But zealous authorities are waiting on the results from a urine test.

Boston, a wide receiver who starred for the San Diego Chargers, hasn't played in the NFL since 2005. He caught two passes for 24 yards and a touchdown for the Bucs in two preseason games. San Diego DUI attorneys wish him well.


http://www.espn.com

San Diego DUI Defense Attorney update

SAN DIEGO California DUI news

A guilty plea is expected Thursday from a man accused of San Diego drunk driving and allegedly running down a college student crossing a street near San Diego State University, then fleeing the scene.

Eric Joseph Leeman, 21, is charged with murder, gross vehicular manslaughter while intoxicated and hit-and-run in connection with the accident that killed 19-year-old Whitney Young last Nov. 12.

Witnesses testified at a San Diego DUI preliminary hearing in March that Leeman was drunk at a party the night before the 3:15 a.m. accident.

When contacted at his home four days later, Leeman allegedly told San Diego DUI police he thought he'd struck an animal, possibly a raccoon.

Investigators matched vehicle parts found at the scene to damage to the front passenger side of Leeman's 1997 BMW 528i.

Danielle Wagoner, the victim's best friend, testified that she and Young had been at a party and were walking home with three men when the San Diego drunk driving accident occurred on Montezuma Road near Rockford Drive.

The driver allegedly never hit the brakes, and the impact hurled the victim about 30 feet, according to additional San Diego DUI preliminary hearing testimony.

The defendant allegedly told San Diego DUI police that just prior to the accident, he had reached down for his cell phone.

http://www.nbc.com

San Diego DUI drunk driving defense lawyer news

SAN DIEGO California DUI

San Diego Sheriff's DUI deputies in North County said they had to use a Taser to control a suspected San Diego drunk driver at the end of a pursuit.

San Diego Sheriff's Department officials said they received a call about the driver on Wednesday afternoon and then located him and attempted to pull him over. The man, however, allegedly refused to comply.

Deputies gave chase and eventually used a spike strip to get the driver's car to stop. Officers said they then had to use the Taser to control the driver, eventually taking him into custody.

A woman claiming to be a relative of the man taken into custody purportedly reported that he was acting erratically because of "low insulin levels."

http://www.youtube.com San Diego DUI arrest videoed.

San Diego DUI officers will be cracking down on San Diego drunk drivers

San Diego, California

August 23, 2007

Labor Day is just about here.

SDPD DUI officers, San Diego Sheriff's Dept. DUI Deputies and CHP DUI Officers in San Diego say they plan to get tough on San Diego drunk drivers.

The San Diego California Highway Patrol indicated they will perhaps double their traffic safety endeavors over the Labor Day holiday weekend.

This San Diego DUI crackdown is perhaps evident by the 14 arrests and 96 citations that were issued at a California drunk driving / sobriety checkpoint last Saturday night in Victorville. The California DUI checkpoint was conducted by a task force including all 25 law enforcement agencies in San Bernardino County.

San Diego drunk driving offenses also go up over holiday weekends, especially along the beaches, so the San Diego DUI police are stepping up their San Diego DUI enforcement forces for the upcoming weekend. San Diego Police Department reported last year's Labor Day weekend resulted in 13 San Diego DUI arrests made at Mission Beach and Pacific Beach, San Diego California.

Holidays such as Labor Day are when possible errors of judgment are made. When San Diego people make mistakes on the road, there may be severe legal consequences. People will need to be using San Diego Drunk Driving defense attorneys after the upcoming weekend. San Diego DUI defense lawyers are experienced in handling San Diego DUI cases, which occur more often on summer holidays.

For more information about San Diego DUI defense lawyers and San Diego drunk driving cases, go to http://www.SanDiegoDrunkDrivingAttorney.net .

California DUI defense lawyer news

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,
Plaintiff and Respondent,

v.

SHANNON LEVELLE RUFFIN,

Defendant and Appellant.

F051532
(Super. Ct. No. BF113607A)

O P I N I O N


THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. Clarence Westra, Jr., Judge.

Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted appellant Shannon Ruffin of driving while under the influence of alcohol (Veh. Code, § 23152, subd. (a);2 count 1), driving while his driving privilege was suspended or revoked (§ 14601.1, subd. (a); count 2) and willful obstruction of a peace officer in the performance of official duties (Pen. Code, § 148, subd. (a)(1); count 3) and appellant admitted that within the previous 10 years he had suffered a conviction of violating section 23152, subdivision (a), thereby making the count 1 offense a felony under section 23505.5. In a separate proceeding, appellant admitted allegations that he had served four separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).

The court imposed a prison term of six years, consisting of the two-year midterm on count 1 and one year on each of the four prior prison term enhancements. The court imposed concurrent 180-day county jail terms on each of counts 2 and 3.

Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing.

FACTS

Prosecution Case

At approximately 10:00 p.m. on December 14, 2005 (December 14), Shannon Thompson (Shannon) and her husband, Shane Thompson (Shane),3 were driving eastbound on White Lane in Bakersfield when they saw a pickup stopped in the middle lane ahead of them. As the Thompsons drove by, Shannon saw a person, whom she identified in court as appellant, in the driver’s seat, slumped over.

Shane was driving. He pulled over, and he and Shannon got out and approached the pickup. Appellant was unconscious, the keys were in the ignition, the engine was running and the vehicle was in neutral. Shannon called 911, while Shane turned the ignition off and, with the help of another person who had stopped, pushed the pickup out of the roadway and into a parking lot.

Shortly thereafter, police officers arrived on the scene, one of whom shined a flashlight in appellant’s eyes, causing appellant to regain consciousness. The officer then removed appellant from the pickup. Appellant smelled strongly of alcohol and his eyes were bloodshot. Officers administered various field sobriety tests to appellant, and appellant failed them. One of the officers also administered a “preliminary alcohol screening test” (PAS test), which indicated appellant had a blood alcohol content of .191 percent.

Shortly thereafter, one of the officers told appellant he was under arrest, at which point appellant started running. Another officer was able to grab appellant and take him to the ground. Thereafter, the officers placed appellant in a patrol vehicle and transported him to the Kern County jail.

Appellant later telephoned Shane from the jail. During this call, appellant referred to an “incident” in which he “was driving … a little pick up and [Shane] helped [appellant] out the road.”

Appellant’s driving privilege was in “suspended” status on December 14.

Defense Case

Appellant testified to the following. On the evening of December 14 at approximately 7:00 p.m. he arrived at Don Perico’s, a bar and restaurant in Bakersfield. He “had something to eat” and drank one beer. He stayed at the restaurant for approximately one to one and one-half hours, and he left with two women. He got into his pickup and sat on the passenger side. The next thing he remembered was being awakened by a police officer. He did not know how he came to be behind the wheel of his pickup. He did not drive to the location where he was awakened by the officer. At some point during the evening of December 14 he smoked PCP.

DISCUSSION

We have independently reviewed the record and based on that review we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.



* Before Levy, Acting P.J.; Cornell, J.; and Dawson, J.



2 Except as otherwise indicated, all statutory references are to the Vehicle Code.



3 We refer to Mr. and Ms. Thompson by their first names for convenience and clarity. We intend no disrespect in doing so.


http://www.Sandiegoduihelp.com

SAN DIEGO DUI Defense lawyer news

A security guard was jailed Wednesday on suspicion of allegedly driving drunk while crashing his SUV into another vehicle at a stoplight near his Mira Mesa home, killing a woman and seriously injuring two men.

San Diego DUI police arrested Homer Namoca, 39, Wednesday morning upon his release from a hospital, where he was treated for injuries he suffered in Tuesday morning's accident, the San Diego Police Department said.

Namoca was allegedly intoxicated when the westbound Toyota Highlander he was driving smashed into the back end of a stationary Toyota RAV4 at Camino Ruiz and Mira Mesa Boulevard shortly after midnight.

The crash fatally injured Jenily Mendoza, 40, who was in the back seat of the RAV4. Mendoza, a data-entry worker who lived a few blocks from the intersection, died at the scene.

The driver of the RAV4 and a man riding next to him suffered severe, and potentially life-threatening, internal injuries,.

The wreck left Namoca with fractured ribs. He told investigators he was on his way to his Sorrento Valley workplace at the time of the alleged San Diego Drunk Driving accident.

Investigators found no fresh skid marks near the wrecked vehicles, prompting them to believe the Highlander plowed into the compact SUV without Namoca braking, possibly at 50 mph or faster.

Namoca was booked into the county jail on suspicion of gross vehicular manslaughter and San Diego California felony DUI.

No statement yet from his San Diego DUI defense attorney .

http://www.youtube.com

Drunk driving defense attorney news

San Diego California's favorite actor Bill Murray may be facing drunk driving charges in Sweden after allegedly driving drunk in a golf cart.

Bill Murray, who starred in great movies such as 'Groundhog Day', may face a DUI in Sweden after driving around in his golf cart in downtown Stockholm - tipsy!

When Bill Murray was caught on suspicion of DUI, police asked him to perform a breathalyzer test - but he refused to take one.

Murray was given a blood test instead and the results will be ready within the next 2 weeks.

Swedish cops say they stopped the 56-year-old Murray in the slow-moving vehicle and noticed the smell of alcohol on his breath.

Police say: "He refused to blow in the (breath test) instrument, citing American legislation."

"So we applied the old method -- a blood test. It will take 14 days before the results are in."

Murray, who had been at a golf tournament in Sweden, purportedly signed a document admitting that he was driving under the influence, and allegedly agreed to let a police officer plead guilty for him if the case goes to DUI court.

Bill: Call Sweden's A.W. Jones, the leading alcohol expert in the world.

No San Diego DUI defense lawyer can help any other way.

San Diego County drunk driving defense attorney news

Last weekend of the summer: a time when many glasses will be raised at barbecues, river runs and parties across the county.

California DUI law-enforcement agencies warned they will also be out in large numbers - for California drunk driving enforcement.

Avoid the 25, a group of law-enforcement agencies from around San Bernardino County, will be cracking down on motorists' California drunk driving during Labor Day weekend.

"DUI arrests have increased 20 percent between 2005 and 2006, so it is a very serious problem," Sheriff Gary Penrod said at a news conference in San Bernardino.

This year's summer enforcement began Aug. 17 and continues through Sept. 3. Participants plan to conduct 17 California DUI sobriety and driver's license checkpoints, 55 California DUI patrols and at least three operations targeting underage drinking.

It's needed, officials said, because the county ranked fourth in the state for DUI arrests in 2006, with 12,343 arrests overall, according to the state Department of Justice. For felony DUI arrests alone, the county came in third behind San Diego and Los Angeles counties with 441 arrests. Drivers can be charged with a felony California DUI if they cause an injury in a crash or have been convicted of multiple California DUIs.

District Attorney Michael A. Ramos said the Avoid the 25 program will continue to expand and he hopes to train new prosecutors on how to handle California DUI cases, particularly cases involving first-time offenders.

The continuation of the program is supported by a number of groups including the state Office of Traffic Safety and Mothers Against Drunk Driving.

Virginia Gautier of Yucaipa, executive director of MADD in San Bernardino County, said she's been fighting for heftier penalties for drunken driving ever since she lost her brother in a California DUI crash 30 years ago.

San Diego drunk driving defense lawyer news

San Diego PD's Intoxilyzer 8000 breath machine results thrown out of another jurisidiction

A DUI judge's ruling to throw out blood-alcohol breath-test results in four DUI cases could have a big impact on others currently facing drunk driving charges.

On Tuesday, Judge Augustus D. Aikens Jr. ordered that breath tests be thrown out in DUI cases involving four men arrested in 2006. Their breath samples showed blood-alcohol readings above Florida's legal limit of 0.08.

"At this point, it will potentially stop the prosecution of every DUI case in Leon County that has a breath-test result," said Tallahassee DUI defense attorney Lee Meadows, who is representing the men.

Meanwhile, State Attorney Willie Meggs said the ruling likely will be appealed.

In his ruling, Aikens found that breath-test results can vary depending on how long someone breathes into the device, called an Intoxilyzer 8000.

Aikens agreed with an earlier Bay County circuit-court ruling, which said, "Rules that permit a test operator to have the subject blow into the machine as long as he, in his undirected discretion wishes ... is insufficient to create a scientifically reliable test."

Meadows plans to file motions today seeking to adopt the ruling for 30-35 other clients he's representing. He said he expects other local lawyers to do the same thing.

Meggs said he hadn't seen the ruling, but he said it sounded "odd." He said the State Attorney's Office is appealing a number of other rulings by Aikens. Meggs tried to defend the use of the overrated & inaccurate / unreliable Intoxilyzer.

The Intoxilyzer 8000 is used by San Diego DUI Police Dept.

San Diego DUI criminal defense lawyers take note.

Drunk Driving defense attorney news

DUI officer found more than lunch when he stopped at a Wendy's.

An employee told the officer about a possible DUI driver with two children in her car at the drive-thru. When the cop approached the woman, he allegedly found her glassy-eyed with slurred speech and intoxicated.

The 41-year-old woman had a blood alcohol content nearly four times the legal limit.

The children inside the car were 9 and 11 years old.

August 21, 2007

San Diego DUI criminal defense attorney news

SAN DIEGO California

A woman was killed and two other people were seriously hurt early Tuesday after their car was struck from behind at a traffic light in Mira Mesa, possibly by an alleged San Diego drunk driver, San Diego DUI police say.

The vehicle was stopped at the intersection of Mira Mesa Boulevard and Camino Ruiz when it was allegedly rear-ended at high speed shortly after midnight.

A 40-year-old woman riding in the back seat of the stopped vehicle died at the scene, while the driver and the front-seat passenger suffered major internal injuries. The dead woman's name was withheld until family was first notified.

The driver of the second vehicle, whom San Diego DUI police did not yet identify, was taken to a hospital for examination after complaining of pain. He was arrested on suspicion of vehicular manslaughter and San Diego California DUI .

http://www.SanDiegoDUI.com

San Diego California criminal drunk driving defense attorney news

Contrary to a probation report which urged a higher sentence, a suspected drunk driving killer has accepted a plea deal offered by a Sacramento judge in a case where two people were killed.

Michael Dimitras, 20, changed his pleas to guilty, accepting the offer of six years and four months in state prison during a Sacramento court hearing Monday afternoon. That offer is one year lower than the recommendation of a probation report, and the prosecutor told Judge Gary Ransom she wanted the higher sentence. The charges include two counts of vehicular manslaughter and drunk driving causing great bodily injury.

One victim's mother called the deal "an insult to the victims and their families." Peggy Fong's daughter Kendall Lui, and Lui's friend Brian Haight, were killed July 4, 2006 when the SUV in which they were riding went out of control at high speed and crashed into a pole on Folsom Boulvard west of Hazel Avenue.

"He was given a gift of leniency," said Fong after the hearing. "That's why he took it. He realized this was even lower than the lowest. So what does this continue to tell you about Sacramento County and DUI prosecution?"

"He should stay in there (prison) 20 years and lose his youth like our children did," said a visibly shaken Susan Haight, the other victim's mother.

The sentence for two counts of vehicular manslaughter are 16 months and eight months, respectively. Another charge of DUI causing great bodily injury carries a mandatory three years.

Lui, 18, and Haight, 19, were both home for the summer after completing their first year of college. Lui attended UC San Diego, while Haight was attending UC Berkeley.

Dimitras, a former classmate of the victims, was supposed to be the designated driver after a day of rafting on the American River. CHP reports, however, showed Dimitras had a blood alcohol level of .09 which is over the legal limit.

California DUI criminal defense lawyer news

Actor Brad Pitt was recently summoned to DUI jury duty in Los Angeles, California.

Pitt appeared on the appointed day and went through the selection procedure.

Pitt was set to potentially hear a California DUI / California drunk driving case, but the defendant accepted a California DUI plea deal and the California DUI jury dismissed.

http://www.sandiegodrunkdrivingattorney.net

San Diego DUI Criminal Defense Lawyer news

A 45-year-old man was killed Saturday night in a head-on crash involving a suspected San Diego drunk driver on state Route 78 near Julian.

Allan Cole Wolowsky of Julian was driving his 2007 Toyota Tacoma east on SR-78 shortly after 11 p.m. when a 2000 Ford Expedition allegedly crossed the double yellow line and struck the left front of his pickup.

California Highway Patrol Officer Mike Edwards said the Expedition apparently first drifted onto the right shoulder of the road and then purportedly turned left into eastbound traffic lane, hitting the truck.

Wolowsky died at the scene. His wife was in a car driving behind him when the alleged San Diego County DUI accident occurred.

The 42-year-old woman driving the Expedition was injured and taken to a hospital for treatment.

She has been arrested on suspicion of felony San Diego California DUI / driving under the influence and California DUI manslaughter.

http://www.nctimes.com

San Diego California DUI Defense Attorney news

Drunk driving deaths increase in 22 states

DUI fatalities increased in 22 states in 2006 and fell in 28 states, the District of Columbia and Puerto Rico, federal transportation officials said Monday.

The National Highway Traffic Safety Administration released data showing there were 13,470 deaths in 2006 involving drivers and motorcycle operators with blood alcohol levels of 0.08 percent or higher, which is the legal limit for adults throughout the country. The number was down slightly from 2005, when 13,582 people died in crashes involving legally drunk drivers.

The overall number of deaths involving drivers and motorcycle operators with any amount of alcohol in their blood was 17,602 last year. That was up from 17,590 in 2005, according to spokeswoman Heather Ann Hopkins.

''The number of people who died on the nation's roads actually fell last year,'' U.S. Transportation Secretary Mary Peters said at a news conference in this Washington suburb. ''However, the trend did not extend to alcohol-related crashes.''

Transportation officials announced the new figures as they unveiled a $11 million nationwide advertising campaign as part of a Labor Day weekend campaign ''Drunk Driving. Over the Limit. Under Arrest.''

''This crackdown is very, very, very important because it's the penalties that are imposed when someone chooses to ignore the law that really have the ability to make changes,'' Peters said.

Among states, Arizona, Kansas and Texas had the greatest increases in number of drunken driving deaths last year. But Utah, Kansas and Iowa had the largest percentage increases compared with 2005. Texas had the largest actual number drunken driving deaths with a total of 1,354.

Florida, Missouri and Pennsylvania had the greatest decreases in numbers of drunken driving deaths last year, while the District of Columbia, Alaska and Delaware had the largest percentage decreases compared with 2005. The District of Columbia had the smallest actual number of drunken driving deaths with a total of 12.

http://www.yahoo.com

California DUI defense lawyer update:

SAN FRANCISCO California

A high-ranking California Department of Justice official hired by Atty. Gen. Jerry Brown resigned Friday -- a week after he crashed a state-owned vehicle and was arrested on suspicion of California drunk driving.

Peter C. Sarna II, deputy director of the Division of Law Enforcement, helped oversee hundreds of state agents, criminalists and other employees who provide investigative, intelligence, forensic and security services for the department.

"He has offered his resignation and it was accepted," said Brown spokesman Garreth Lacey.

After hitting a tow truck on a freeway offramp in Walnut Creek, Sarna was arrested for California DUI by the California Highway Patrol, and the attorney general's office said it placed him on paid administrative leave while it conducted an investigation.

Sarna on Friday would not discuss the incident but confirmed that he had resigned from his $132,000-a-year job.

"I made one mistake in my 16-year career in law enforcement," Sarna said. "I am prepared to accept the consequences of what I did."

Sarna, 37, is a former Oakland police officer who headed special operations, including gang suppression efforts, when Brown was the city's mayor. One of the few aides Brown brought along when he took office in January, Sarna assumed a leadership role in the attorney general's anti-gang program that recently produced dozens of arrests through joint state-local raids on gang members' homes in Stockton and Atwater in the Central Valley.

He also was widely viewed within the department as a confidant of Brown and an important liaison between the attorney general and local law enforcement.

The accident occurred about 12:45 a.m. Aug. 10 as Sarna was trying to pass the tow truck on an exit from California 24 in Walnut Creek, according to Highway Patrol Sgt. Les Bishop, spokesman for the Golden Gate Division.

An officer arrested Sarna when he appeared to be under the influence of alcohol, and a test later confirmed he was legally intoxicated, Bishop said. Sarna was described as cooperative.

An East Bay resident who commuted to Sacramento, Sarna was cited for a misdemeanor DUI and released to a responsible party, the spokesman said.

No one was reported injured, the CHP said. But Sarna's state-owned Chevy Tahoe SUV received major damage and the tow truck had moderate damage.

The morning after the accident, Sarna informed his superiors, and they asked Department of Justice consultant Glenn Craig, a former CHP commissioner and Sacramento County sheriff, to investigate.

Brown's chief deputy, Jim Humes, said he called Sarna to discuss the investigation report and his options, and Sarna offered his resignation.

"Pete was a deputy director -- the second-highest level in the division -- and it is important to set the right tone," Humes said. "And I do not think any DUI sets the right tone. . . . The whole situation is sad."

No California drunk driving defense attorney on his behalf has yet commented.

http://www.msn.com

San Diego County Drunk Driving / DUI checkpoint update

San Diego County DUI Police arrested six people suspected of San Diego County drunk driving during a California DUI checkpoint operation at Palomar Airport Road east of El Camino Real in Carlsbad, as reported by California DUI officials on Saturday.

More than 2,000 cars passed through the checkpoint, which was held from 7 p.m. Friday until 1 a.m. Saturday, California DUI police said.

The San Diego County DUI checkpoint was staffed by Carlsbad DUI police, the California Highway Patrol's DUI enforcement unit, MiraCosta College DUI police, UCSD DUI police, Escondido DUI police, and Palomar College DUI police.

Present at the San Diego California DUI Checkpoint were representatives from Mothers Against Drunk Driving and the families of CHP Officers Sean Nava and Stephen Linen, who were killed by California drunk drivers.

California Defense Lawyer news

STATE OF CALIFORNIA
BEFORE THE COMMISSION ON JUDICIAL PERFORMANCE
INQUIRY CONCERNING
JUDGE KELLY MacEACHERN,
No. 184.
NOTICE OF FORMAL
PROCEEDINGS
To Kelly MacEachern, a judge of the Orange County Superior Court from
January 6, 2003 to the present:
Preliminary investigation pursuant to Rules of the Commission on Judicial
Performance, rules 109 and 111, having been made, the Commission on Judicial
Performance has concluded that formal proceedings should be instituted to inquire
into the charges specified against you herein.
By the following allegations, you are charged with willful misconduct in
office, persistent failure or inability to perform your duties, conduct prejudicial to
the administration of justice that brings the judicial office into disrepute, and
improper action within the meaning of article VI, section 18 of the California
Constitution providing for removal, censure, or public or private admonishment of
a judge or former judge, to wit:
- 2 -
COUNT ONE
The California Judicial Education and Research (CJER) branch of the
Administrative Office of the Court (AOC) sponsored a judicial education seminar
called the Continuing Judicial Studies Program (CJSP) in San Diego, which was
held Monday through Friday, July 31 through August 4, 2006. On June 16, 2006,
you applied online, through your clerk, to attend two of the CJSP courses: an
Excellence in Judging course that would be held Monday through Wednesday and
a Statements of Decision course that would be held on Wednesday. AOC’s
Education Division sent you an e-mail reply the same day, June 16, that read in
pertinent part:
2006 Summer Continuing Judicial Studies Program
July 31 – August 4, 2006
San Diego
Please print the confirmation below for your records.
Registration Confirmation
Dear Kelly MacEachern:
Please Note: This is only a confirmation that your
CJSP application has been received by CJER.
Notification of acceptance into your course choices(s)
will be sent via e-mail the week following the June 16
application deadline. You will receive further
information regarding travel arrangements with your
acceptance confirmation. We ask that you do not
make hotel or airline reservations until you have
received your Acceptance Email. [Bold in original
e-mail.]
On June 21, 2006, AOC Senior Attorney Bonnie Pollard sent you an e-mail
that included the following:
- 3 -
Here is the status of your application for the summer
2006 Continuing Judicial Studies (CJS) Program
scheduled the week of July 31-August 4 at the Hyatt
Regency Islandia Hotel.
First Choice:
Denied entry into Excellence in Judging (see below
for explanation)
Accepted into Statements of Decisions course (see
below for additional program information)
We are unable to enroll you in the Excellence in
Judging course because it is designed for experienced
judicial officers with approximately eight years or
more on the bench. You indicated on your application
that you did not meet this requirement.
Your Course
You are enrolled in the Statements of Decision
course, which has the following schedule:
Wednesday, August 2; 1:30 - 4:45 p. m.
Overnights allowed: 1**
**Under conditions outlined at §C of the enclosed
manual, and pending the availability of funds, the State
will directly pay for your hotel lodging charges at the
Hyatt Regency Islandia Hotel (up to $110.00 per night
- 4 -
plus tax) .… [¶] … [¶] [Bold, underlining,
parentheticals and asterisks in original e-mail.]
On June 22, 2006, you submitted to the Orange County Superior Court an
Education Leave Request for the full week of the CJSP, July 31 through August 4,
2006.
On July 11, 2006, you attempted to enroll in a CJSP evidence course that
would be held Monday through Friday of the seminar. You contacted Susan
Gordon, AOC’s Education Coordinator responsible for the CJSP, who told you
that the evidence course was full, but that you would be put on a waiting list.
On July 28, 2006, the Friday before the Monday on which the CJSP was to
begin, you contacted Susan Gordon and asked whether there was an opening in the
evidence course. She told you there was not. Nevertheless, you went to San
Diego and stayed at the Hyatt Regency Islandia Hotel overnight Sunday, July 30.
When you appeared at the CJSP registration table the next morning, July 31,
Gordon again told you the evidence course was full.
You stayed at the Hyatt Regency Islandia Hotel in San Diego through
Thursday night, August 3, 2006. Based on your enrollment in the Statements of
Decision course on Wednesday, CJER was billed directly by the Hyatt for your
hotel stay Tuesday night. You paid the Hyatt for Sunday, Monday, Wednesday,
and Thursday nights with your personal credit card.
Shortly after the CJSP ended, you submitted a travel reimbursement claim
to Rick Valadez, the Orange County Superior Court’s travel coordinator,
requesting that the court reimburse your hotel expenses for three nights (Sunday,
Monday, and Wednesday). On August 15, 2006, Valadez sent you the following
e-mail:
Good afternoon your Honor,
I wanted to update you with regards to your claim. I
spoke with Susan Gordon (CJER Coord) and she
- 5 -
informed me that your class schedule was for a
computer class in the AM and a Statements of
Decision in the PM Wed. 8/2. Since that was the only
class you attended CJER only covered one night (8/1
Tues.). Hence, the charges on your credit card for
7/30-31 and 8/2-4.
The court will reimb. you for mileage r/t 180 miles and
dinner for 8/1+2.
Please let me know if this looks ok or if I’m missing
any other info. to add to your reimb. claim from the
court.
You replied to Valadez the next day, August 16, 2006, with the following
e-mail:
Dear Rick,
When I got to the CJSP it turned out there was a mix
up with my registration. SO I just sat in on the judicial
excellence class on Monday, They allowed me to
attend a Tuesday a.m. computer class, and the
Wednesday afternoon S.O.D. class, and I sat in on the
Thursday a.m. D.V. class. I attended no classes on
Friday. I know they won’t cover any other nights,
however I was hoping the county would. Thank you
for your help. JKM
You had registered for a half-day Introduction to Microsoft Word and
Windows course held on Tuesday morning (the “Tuesday a.m. computer class”
referred to in your August 16 e-mail), only after you had arrived at the CJSP, and
therefore CJER was not billed directly by the Hyatt for your hotel stay on Monday
- 6 -
night. However, because the CJSP records indicated that you had attended the
Tuesday computer course, CJER agreed to reimburse you for the hotel on Monday
night.
On August 17, 2006, based on your assertions in your e-mail of August 16,
2006, Valadez submitted an amended Superior Court Judicial Officer
Travel/Training Request on your behalf to Orange County Superior Court
Presiding Judge Nancy Stock, requesting (in addition to travel and meal
allowances) reimbursement to you of $220 for two nights at the Hyatt: Sunday,
July 31, 2006, and Wednesday, August 3, 2006.
Your assertion to Valadez in your e-mail of August 16, 2006, that “when I
got to the CJSP it turned out there was a mix up with my registration” was false
and misleading. When you arrived at the CJSP registration on Monday morning,
after staying in the hotel in San Diego on Sunday night, the status of your
registration was just as you had been told it was before you left for San Diego:
that is, that you were not enrolled in the Monday through Wednesday Excellence
in Judging course because you were not eligible for it; you were not enrolled in the
Monday through Friday Evidence course because it was full; you were only
enrolled in the half-day Wednesday Statements of Decision course.
Your assertion to Valadez in your e-mail of August 16, 2006, that you had
“sat in on the judicial excellence class on Monday” was false and misleading.
Your assertion to Valadez in your e-mail of August 16, 2006, that you had “sat in
on the Thursday a.m. D.V. [Domestic Violence] class” was false and misleading.
Judge Stock had her executive assistant conduct an investigation into your
expense reimbursement claim. On September 8, 2006, Judge Stock called you
into her chambers in the presence of Judge Thierry Colaw, a member of the
court’s executive committee, and confronted you with the results of the
investigation. You admitted that you had not sat in on either the Excellence in
Judging or the Domestic Violence courses and that your e-mail to Valadez of
- 7 -
August 16, 2006, was misleading, and you withdrew your claim for
reimbursement.
Your false and misleading assertions in your August 16, 2006 e-mail in
support of your request to be reimbursed money for hotel expenses were in
violation of the Code of Judicial Ethics, canons 1, 2, 2A and 2B.
YOU ARE HEREBY GIVEN NOTICE, pursuant to Rules of the
Commission on Judicial Performance, rule 118, that formal proceedings have been
instituted and shall proceed in accordance with Rules of the Commission on
Judicial Performance, rules 101-138.
Pursuant to Rules of the Commission on Judicial Performance, rules 104(c)
and 119, you must file a written answer to the charges against you within twenty
(20) days after service of this notice upon you. The answer shall be filed with the
Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San
Francisco, California 94102-3660. The answer shall be verified and shall
conform in style to the California Rules of Court, rule 14(b). The Notice of
Formal Proceedings and answer shall constitute the pleadings. No further
pleadings shall be filed and no motion or demurrer shall be filed against any of the
pleadings.
This Notice of Formal Proceedings may be amended pursuant to Rules of
the Commission on Judicial Performance, rule 128(a).
BY ORDER OF THE COMMISSION ON JUDICIAL PERFORMANCE
DATED: ____July 24, 2007____
______________/s/____________________
HONORABLE JUDITH D. McCONNELL
VICE-CHAIRPERSON


http://www.yahoo.com

DUI Defense Attorney news

Former Miami Heat forward James Posey has agreed to plead guilty to reckless driving in connection with an April arrest on drunk driving and driving with a suspended license charges.

Posey agreed to a deal involving lesser charges. He was arrested April 9 in Miami Beach after he stopped his car on a double-lane road, talking to occupants of other vehicles and pedestrians.

According to the police report, Posey dropped his driver's license when he was handing it to the officer. The officer then asked him to step out of the car and pick up his license.

The report said Posey had "bloodshot eyes, slurred speech and an odor of an alcoholic beverage on his breath." It also said he was unsteady on his feet and swayed while standing.

According to the plea agreement, Posey must perform 50 hours of community service and complete six months of probation. He also must pay court costs, a $250 fine, donate $25 to Jackson Memorial Hospital's Ryder Trauma Center and attend driving under the influence school.

Posey repeatedly said during the latter part of the season that he was innocent of the DUI / drunk driving charge.

http://www.google.com

San Diego DUI Attorney update

Drunk-driving checkpoints set


Kaua'i police will join the other three counties in conducting drunken-driving checkpoint stops from the Admissions Day weekend through Labor Day.

The program is part of a nationwide "Drunk Driving, Over The Limit, Under Arrest" campaign.

"We are glad to be a part of this nationwide campaign and in helping to keep a safe and healthy community during the holiday weekends," said Lt. Mark Scribner of the Kaua'i Traffic Safety Unit.

A new state law distinguishes between intoxicated and highly intoxicated drivers. More severe penalties apply for blood alcohol levels higher than 0.15 percent, nearly double the standard 0.08 percent alcohol limit.

http://www.youtube.com

California DUI - related news

Lindsay Lohan has been sued for assault and negligence by a woman who was a passenger in the vehicle allegedly chased by the singer/actress on July 24.

Tracie Rice filed a lawsuit on Tuesday in Los Angeles County Superior Court that seeks unspecified damages and payment of medical and other expenses for emotional distress.

"What Miss Lohan did that night was extremely dangerous and reprehensible," said a statement issued by Rice. "Someone could easily have been killed or seriously hurt because of her irresponsible decisions that evening."

Rice was a passenger in an SUV driven by Michelle Peck, the mother of Lohan's former personal assistant, who had apparently just quit. She said in her suit that she "was convinced that their lives were in danger and that they had to outrun the pursuing car or they might be killed."

Following the chase, Lohan was charged with cocaine possession, misdemeanour driving under the influence (DUI) and driving with a suspended licence. The 21-year-old celebrity had left a rehabilitation clinic 11 days before that arrest. She was previously booked for DUI and hit and run in connection with a May car accident that prompted her to enter the Promises treatment centre for six weeks.


http://www.sandiegodrunkdrivingattorney.net

Deputy/husband stops deputy/wife; she's charged with DUI

Drunken-driving stories- check out this report in the Elko (Nev.) Daily Free Press.

An off-duty sheriff''s deputy was allegedly pulled over by her husband, a fellow deputy, and charged with DUI / driving under the influence of alcohol.

Charlotte Moore was allegedly placed on paid leave after her arrest, which was processed by officers from the local police department.

When she got home from jail, ouch!

San Diego California DUI Lawyer news

Former San Jose Sharks forward Mark Bell has pleaded no contest to felony drunken driving and hit-and-run charges and will serve six months in a Santa Clara County jail, a prosecutor said Wednesday.

Bell, who was traded to the Toronto Maple Leafs in June, had faced nearly four years in state prison if convicted of the original charges. He entered the plea Tuesday in Santa Clara County Superior Court, said prosecutor Cindy Seeley Hendrickson.

The drunken driving charge is a felony and the hit-and-run charge was reduced from a felony to a misdemeanor as part of the plea agreement, said Bell's California DUI defense lawyer, Ken Robinson. A sentencing date has not been set, Robinson said, adding that Bell will serve his sentence during the summer months so it doesn't conflict with the hockey season.

"This was a fair settlement to a difficult case," Robinson said.

Bell was arrested in September 2006 after his Toyota sedan rear-ended a pickup in an early morning accident in Milpitas, a town in the San Jose foothills.


http://www.yahoo.com

How can you know if you found a qualified San Diego California DUI Lawyer for yourself?

Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.

Some excellent questions to begin asking when searching for a California DUI lawyer are:

What are his California DUI attorney's qualifications?

Is he a Specialist member of the California DUI Lawyers Association?

How long has he been a member of the National College for DUI Defense?

Does he teach other attorneys in San Diego how to handle DUI cases?

Is he a Contributing Editor to the Bible for California DUI Defense - California Drunk Driving Law?

Was he just asked by Author Donald Bartell to be a Contributing Editor/Author to the hottest new DUI book: Attacking and Defending Drunk Driving Tests?

Does he maintain a library of DUI materials, books, manuals, studies, memos, points & authorities and documents solely designed to help a person accused of a San Diego County DUI?

How much of his practice is DUI Defense?

Is he quick and thorough when responding to emailed questions or concerns?

Whether or not you ultimately end up hiring a California DUI Specialist Attorney, it is a smart idea to look closely at the credentials of a California DUI Specialist lawyer in this highly complex field.

You can read more - Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .

California DUI Defense Lawyer news

Summer is winding down, but officers are gearing up.

Today, fourteen law enforcement agencies in San Luis Obispo County announced their joint effort to drive home the message: drunk driving will not be tolerated.

If they catch you driving impaired, you will be arrested.

We want to let people know that we will have officers out there on the streets doing maximum enforcement to arrest DUI drivers," said Erin Taylor with the County of San Luis Obispo DUI Task Force.

"So, you can have a great time. Just designate that driver. Don't take that risk because there are too many people in this county who have died being hit by a drunk driver."

They also want the public to report drunk drivers on the roads by calling 911.

San Diego Military Drunk Driving / DUI criminal defense lawyer news

An Air Force major is serving a five-month jail sentence for his third drunk driving offense.

Maj. Jonathan P. Elliott of the 726th Air Mobility Squadron pleaded guilty to the charge at a court-martial last month. He is serving his sentence at the military jail in Mannheim, said Staff Sgt. Tammie Moore, a Spangdahlem Air Base spokeswoman.

A military judge also sentenced Elliott to a reprimand, according to a news release posted on the base’s Web site.

Elliott admitted to driving drunk from the Spangdahlem area to Kapaun Air Station in Kaiserslautern on July 21, 2006. Kapaun is more than 70 miles away from Spangdahlem Air Base.

When he arrived at Kapaun, members of the 569th U.S. Forces Police Squadron suspected Elliott was intoxicated, the release said. Base police conducted a field sobriety test and two Breathalyzers, which indicated that Elliott was drunk, the release said.

“This case underscores that a decision to drink and drive can have very serious consequences whether you are enlisted or an officer,” the release said. “Anyone caught drinking and driving will face the consequences of that decision.”

But Elliott could have received a harsher sentence. The maximum punishment for driving drunk with no personal injuries involved is a bad-conduct discharge, forfeiture of all pay and allowances and six months’ confinement, according to the Uniform Code of Military Justice. A bad-conduct discharge is equivalent to a dismissal for an officer.

San Diego drunk driving alternative

Forget the Wiimote, a humble German-engineered device houses a racing game controlled by your powerful stream of urine.

Designed to promote taxis as an alternative to drunk driving, the Piss-Screen shocks drunkards with a brutal car crash when they inevitably ram their virtual roadster into oncoming traffic.

Apparently if you're too drunk to play a video game with your junk, you're too drunk to drive home.

Don't have to pee? Try the web-based game, which isn't limited by your bladder volume

DUI Criminal Defense lawyers - memo from Dept. of Trans.

All too often, we hear of families and entire communities whose lives have been devastated by drunken drivers. Perhaps you or someone you know has lost a parent, a child, a close friend or a loved one in a terrible traffic crash caused by an alcohol-impaired driver. Although drunken drivers may not intend to harm anyone, their careless disregard for human life frequently results in tragedy.

Last year, alcohol-related traffic crashes killed 305 people in Wisconsin and injured nearly 6,000. These numbers don't tell the whole story. We can't calculate the enormous grief of families who buried a loved one or the persistent pain endured by the injured.

To stop drunken drivers and get them off our roads, hundreds of law enforcement agencies from all over Wisconsin will be out in force from Aug. 17 through the Labor Day weekend as part of a nationwide crackdown called "Drunk Driving. Over the Limit. Under Arrest."

Police officers, sheriff's deputies and state troopers will be patrolling for longer hours and in greater numbers to combat drunken driving. And when officers stop drunken drivers, they will arrest them -- no exceptions, no warnings and no second chances.

You also can help combat drunken driving by serving as a designated driver and not letting friends drive while impaired. And if you see a drunken driver on the road, call your local law enforcement agency. We need everyone's help to stop this senseless -- and entirely preventable -- loss of life caused by drunken driving.

Public Statement by Frank Busalacchi, secretary, Wisconsin Department of Transportation

San Diego drunk driving defense lawyers want to really know why officer not tested.


A Texas trooper is facing misdemeanor drunk driving charges but did not have to provide a breath test sample.

Senior Trooper Richard Vasser, longtime spokesman for the Beaumont office, was charged last week with driving while intoxicated, according to a criminal complaint on file in the Jefferson County Clerk's Office.

DPS officers "made contact" with Vasser on Eastex Freeway late July 26, said Tom Vinger, a spokesman in the Austin DPS office.

Vasser, 54, was not tested for blood alcohol content, Vinger said.

Jefferson County Assistant District Attorney Ed Shettle explained that a witness had dialed 911 to report a driver believed to be Vasser who was driving erratically.

"By the time troopers were able to make contact with Vasser, a breath test would not have assisted in the investigation of the case," Shettle said.

Vasser later turned himself in to the Jefferson County Correctional Facility and posted a bond for his release.

If convicted, Vasser faces up to 6 months' jail time and a $2,000 fine.

The 34-year veteran DPS officer was suspended with pay pending the outcome of an internal investigation of the offense, Vinger said.

Vasser was the first of two state troopers charged with a criminal offense in recent weeks.

On Tuesday, a warrant was issued for the arrest of Trooper Jonathon Michael Barnett in connection with an 8-liner gambling sting operation.

Eight-liner games are similar to video slot machines, with the name derived from the eight possible winning combinations lined up on the video screen.

According to a probable cause affidavit, Barnett was the president of a company that owned machines that were in use in two Jefferson County locations.

Undercover DPS officers were paid in cash for their winnings at those game rooms, according to the affidavit.

If convicted, Barnett, who was free on bond Wednesday, faces up to 10 years in prison and a $10,000 fine.

Barnett, who has been with the DPS since 2001, was also suspended with pay pending the outcome of an administrative investigation.

California DUI defense attorney update

Vivica A. Fox, who is facing California DUI charges from March, has been ordered by the judge to stay away from the booze!

In L.A. County Superior Court earlier today, the judge ordered Fox to stay clean and sober until her September arraignment.

Although Vivica can't drink, or risk meeting the jailer, sooner...rather than later, the judge did not put any restrictions on anyone around her.

"She can be around it [alcohol] because of the nature of her work," the judge said. The judge then added, "but she cannot consume or possess it. I am not permitting her to consume alcohol."

The former "Dancing with the Stars" contestant was arrested for a California DUI in March, after she sped past cops on the 101 Freeway in L.A. Reportedly, Fox's California DUI breathalyzer test resulted in a .09, just over the .08 legal limit.

What made things even worse, was Fox's alleged major attitude problem, along with alleged racial comments that she made.

If Fox is convicted, she faces a maximum of six months in California jail and/or a $1,000 fine plus substantial California DUI penalty assessments.

Drunk Driving defense law

Man Faces 2nd Lawnmower DUI and $2750+ Fines

A man was arrested after riding home from a lawn cutting job on his Craftsman lawnmower (top speed 6 mph). Bowers was breathalyzed and found to have a .24 blood-alcohol level. This is Bowers' 2nd lawnmower DUI; the first occurring in 2003.

"I think it's a bunch of [expletive], if you want my opinion," allegedly said Bowers, who if found guilty, faces a mandatory fine of at least $2750 and 20 days in jail. Police could not confiscate Bowers' driver's license since he does not have one.

Bowers has already paid the $65 fee to have his lawnmower released from the impound lot.

This second charge means Bowers can also face a $2250 fine for being an abusive driver, and have to place an alcohol ignition interlock on the lawnmower.

California DUI defense attorney news

Boarded windows and cracked cabinets tell part of the story. But, a surveillance camera captured what really happened to a Rocklin California Quizno's, as a California drunk driver's car smashed right into the storefront during business hours.

"I just saw a bunch of glass go flying everywhere," said Renee White.

White and her co-workers obviously never expected the sandwich shop to become a drive-thru. After this close call, they're thankful.

"Thankful that I wasn't like, walking towards the door when it happened, and that they didn't get hurt," said White.

The sudden scare nearly knocked a customer out of his seat. You would think the driver would stick around to make sure everyone inside was okay. However after the crash, the video shows the Lexus being put in reverse, and hitting the road again.

Under the watchful eyes of witnesses, someone got a good look at the license plate. Rocklin Police traced that plate to a home on Hunter Oaks Lane in Loomis.

"Our officers responded over there yesterday afternoon and found the Lexus in the front yard of the residence. The Lexus had a lot of front-end damage. It had glass from the Quizno's on the vehicle, in the vehicle," said Sgt. Lon Milka, Rocklin Police Dept.

They arrested Alice Grassia, 50, for California DUI, hit and run, and driving on a suspended license for a previous DUI. Police said had anyone been standing in front of the storefront window, more serious charges might be involved. Grassia's alcohol level was allgedly three times the legal limit at the time of her arrest, according to Rocklin Police.

DUI criminal defense lawyer info

Most of the people listed on the Web site, http://www.da.saccounty.net/DUIRecidivist, under "Most Wanted DUI Offenders," have at least two DUI / driving under the influence arrests.

The District Attorney's office started posting pictures and brief descriptions of their wanted men and women in July as part of an effort to clamp down on habitual drunken drivers.

In a news release Wednesday, the office said Rodriguez was arrested by the Galt Police Department July 20, a day after the postings were launched. That same day, a caller to the Recidivist DUI (RED) Team hotline provided information that led to Dority's arrest.

A Lincoln police officer spotted Calixtro in a restaurant. Last week, Williams was arrested, thanks to tips to the hotline. Deams was arrested on Saturday.

Scully urges the public to continue checking the Web site for updates.

DUI criminal defense lawyer info

A newspaper deliveryman was arrested Tuesday near Prescott Valley on suspicion of DUI and drug offenses.

John Thomas Kirchhoff, 38, was arrested on suspicion of DUI and possession of prescription drugs, marijuana, and drug paraphernalia.

Arizona Republic vice president of circulation Mike Womack said that Kirchhoff was not a Republic employee, but an independent contractor.

The Yavapai County Sheriff's Office said a deputy noticed Kirchhoff driving erratically along Highway 69 around 1:45 a.m. Tuesday and pulled him over on a side road.

Kirchhoff told the deputy he was on his way to pick up newspapers at the airport for delivery, according to a police report.

The deputy smelled marijuana in the car and began a search, according to police.

Police said items found during a search of the vehicle included a container with marijuana residue and pills, two marijuana pipes, a pack of rolling papers, and a straw with methamphetamine residue.

Kirchhoff allegedly tested positive for marijuana.

California DUI defense attorney news

A Wasco man arrested in the fatal crash that took the life of 13-year-old Brock Bellue said he wasn’t behind the wheel.

Gordon Tutton is allegedly pointing the finger at his passenger Shalle Cole. He said he allowed her to drive his truck.

“She said, 'I’m going to run it,'” Tutton said. He said Cole didn’t want to stop because the truck was having mechanic trouble and feared the truck would not re-start.

“I look and see these cars and said no,” Tutton explained as they approached the stop sign on Magnolia and Ledro Highway.

Cole says she presently has no comment on the allegations made against her.

The High Patrol said Tutton’s pickup truck blew through a stop sign broadsided the SUV.

Bellue had briefly unbelted himself to get into the back of the SUV to watch a DVD with his friend Jordan. The teen was thrown from the vehicle and killed.

“I’m very, very sorry. I wish it never happened,” Tutton said.

Despite his claim that he wasn’t the driver, the CHP say they have sufficient evidence to show Tutton was behind the wheel and under the influence.

Tutton admits to taking prescription drugs ranging from painkillers to anti-depressants for his various aliments.

His sister-in-law, Robin Killebrew, backs up his claim. She said Tutton wouldn’t get behind the wheel if he had taken his medications.

“There was a few times I had to drive him… when he was on the pills he wasn’t thinking straight,” Killebrew said.

She said her brother-in-law has been under a lot pressure since his wife suffered a stroke 4 years ago. He also cares for his 88-year-old mother and disabled adult son.

Tutton has long criminal history including drug use, burglary and a DUI charge. He was attending court ordered drug-counseling session every Monday morning before the crash.

“They told him he couldn’t take (his mom and son) to class,” his sister-in-law explained.

Killebrew said Tutton would call up Cole to stay with his mother and son while he went to class. She believes Tutton had gone to pick-up Cole Sunday to stay overnight and watch the two while he attended his session Monday.

Tutton said since his arrest he has been praying for Bellue’s family.

“I pray to God to make it lighter in their hearts,” he said.

Tutton is scheduled to be back in court for his pre-preliminary hearing on August 14. He is currently held on $150,000 bail.

San Diego drunk driving criminal lawyer update

Another week, another courtroom, another intoxicated defendant.

Lincoln W. Kokuk stood — if a little wobbly — before Lebanon County Judge John C. Tylwalk while he was under the influence of alcohol. It was the third time since July 18 that a defendant showed up drunk for court.

A deputy sheriff smelled alcohol on Kokuk, who was there to plead guilty to drunk driving, and notified court officials. A county detective was called to the courtroom and took Kokuk into a third-floor stairwell near the courtroom to administer a portable breath test.

Kokuk, wearing a T-shirt from the television series “CSI: Crime Scene Investigation,” flunked the test, which showed his blood-alcohol level was .152 percent, nearly twice the legal limit of .08 percent if he had been behind the wheel of a car.

In addition to drunken driving, Kokuk was in court to plead guilty and be sentenced to leaving the scene of an accident. He looked unsteady as he stood before the
judge.

Kokuk never made it through his court appearance before Tylwalk stopped the hearing and had a sheriff’s deputy escort him to the jury box to await the county detective with the breath-test device.

Tylwalk rejected Kokuk’s guilty plea, revoked his bail and ordered him held in prison without bail to await a court appearance next Wednesday. His previous bail had been $1,000 unsecured, meaning he did not have to post any money to remain free.

Kokuk’s charges stem from an incident Dec. 14 in North Lebanon Township. A motorist called police to report a Ford Explorer had been involved in a hit-and-run accident on Route 72 near Heisey’s Diner.

Police stopped an Explorer matching the caller’s description, and Kokuk was behind the wheel, police said. He told police he had been struck by a hit-and-run vehicle but didn’t stop.

He had a blood-alcohol level of .209 percent, police said.

“This is getting to be a habit,” Tylwalk said yesterday after rescheduling Kokuk’s sentencing for next week.

On July 18, Judge Bradford H. Charles postponed sentencing Charles L. Shirey after a deputy sheriff smelled alcohol on him in court. His blood-alcohol level was .154 percent, according to a portable breath test administered in the courtroom.

The next week, he was sentenced to two to six months in county prison for drunken driving.

The same week Shirey was sentenced, a deputy sheriff smelled alcohol on 46-year-old Gerald K. Houtz of Lebanon as he was about to be sentenced for drunken driving. A portable breath test showed Houtz’s blood-alcohol level was .152 percent.

Houtz was sentenced last week to 111⁄2 to 23 months in county prison for drunken driving on a bicycle and for writing four bad checks to a beer distributor.

San Diego DUI criminal defense attorney news

A man is accused of driving around an ice cream truck drunk.

Investigators say Shelby Dunnigan was arrested near the corner of Hopeful Church and Rosetta Drive.

A spokesperson for the Florence Police Department says officers received a call Monday about an ice cream truck driver with a strong odor of alcohol.

An officer spotted the truck and arrested Dunnigan for DUI. Investigators say Dunnigan failed DUI field sobriety tests after refusing a breathalyzer test.

Officers say they found beer in a cooler inside the ice cream truck.

San Diego DUI attorney / criminal defense lawyernews

91 percent of Americans believe typing text messages while driving is just as dangerous as driving drunk or DUI.

89 percent of the 2,049 people polled believe it should be against the law -- leaving 2 percent that thinks drinking and driving shouldn't be illegal?

The most surprising takeaway from the poll, however, is that, though 89 percent of those polled believe texting and driving is a crime, 57 percent fessed up to doing it themselves.

This past May, Washington became the first state to put a ban on texting and driving, while California, Florida and New York don't appear to be too far behind.

Last month, we reported on two horrific car crashes linked to text messaging. The first, in upstate New York, caused the death of five young girls, including the driver who was believed to be texting at the time of the accident.

The second was in Great Britain, where a 19-year-old girl was texting while driving when she lost control of her vehicle and killed a 64-year-old grandmother. In the U.K. case, the young driver was sentenced to four years in prison.

San Diego DUI criminal defense attorney news

91 percent of Americans believe typing text messages while driving is just as dangerous as having a few drinks before getting behind the wheel. 89 percent of the 2,049 people polled believe it should be against the law -- leaving 2 percent that thinks drinking and driving shouldn't be illegal?

The most surprising takeaway from the poll, however, is that, though 89 percent of those polled believe texting and driving is a crime, 57 percent fessed up to doing it themselves.

This past May, Washington became the first state to put a ban on texting and driving, while California, Florida and New York don't appear to be too far behind.

Last month, we reported on two horrific car crashes linked to text messaging. The first, in upstate New York, caused the death of five young girls, including the driver who was believed to be texting at the time of the accident. The second was in Great Britain, where a 19-year-old girl was texting while driving when she lost control of her vehicle and killed a 64-year-old grandmother. In the U.K. case, the young driver was sentenced to four years in prison.

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



San Diego DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 6 DUI seminars in San Diego County in the last several
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San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association.




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



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



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



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Nebraska tight end Hunter Teafatiller faces a September court date after being arrested on suspicion of drunk driving for a second time in three months.

Teafatiller, 20, was stopped by a Nebraska State Patrol trooper early Saturday for driving without headlights. He was arrested on suspicion of DUI / drunken driving, minor in possession of alcohol, no insurance and no registration.

His blood-alcohol level was 0.097, patrol spokeswoman Deb Collins said. The legal limit for people over 21 is 0.08.

Lincoln police ticketed Teafatiller on suspicion of drunk driving, negligent driving, improper registration and minor in possession after a May 26 accident in which he hit a culvert. According to the accident report, his blood-alcohol level was 0.123.

Teafatiller was not prosecuted in that case. A Sept. 12 court appearance is scheduled for his second arrest.

San Diego drunk driving defense lawyer info

State Farm Insurance Co. has donated $5,000 to the Weld County DUI Task Force, a project aimed at reducing the number of drunk drivers on the road.

The donation marked the third year in a row that the company has contributed to the fund, for a total of $15,000.

"We are proud to make this type of investment in our community," said Kevin Best, a State Farm agent. The money is being used to hire a law intern to help research criminal histories, compile statistics and aid in court proceedings, allowing the Weld County District Attorney's office to focus its resources on pursuing drunk-driving convictions.

"Without the ongoing financial support of State Farm, this DUI program would not be as successful as it has been," said Weld County District Attorney Kenneth Buck. "The Colorado State Patrol, Weld County Sheriff's Office, Greeley Police Department and all of the Weld County law enforcement agencies do a great job making our roads safe. This donation will help us keep drivers safe."

San Diego DUI Defense Attorney news

August 7, 2007

POWAY: A 24-year-old suspected San Diego drunk driver purportedly hit a motorcyclist and drove away.

He reportedly surrendered to authorities and was arrested for a San Diego DUI.

The motorcyclist was turning east from Twin Peaks Road at Kent Hill Way about 8:45 p.m when he was allegedly broadsided by a man in a Chevrolet truck, the Sheriff's Department said.

A license plate fell off the truck, the San Diego Sheriff's Department said.

The San Diego County DUI driver allegedly turned himself in about an hour later and faces charges of felony hit-and-run and San Diego driving under the influence.

The motorcyclist was hospitalized.

http://www.SanDiegoDUILawyer.com

DUI Defense Lawyer update - San Diego drunk driving attorney

A police officer accused of DUI last week was on suspension at the time, allegedly for allowing video producers to use his marked patrol car in a sketch that uses little people to parody racism.

Thomas "Ty" Carrell, 36, was arrested early Friday after a fellow officer clocked Carrell's car going 68 mph in a 45 mph zone on Atlanta Highway, police said. The 11-year police veteran smelled of alcohol and held onto his car to keep his balance, according to police, who said Carrell refused to perform DUI sobriety tests.

That was the same day Carrell was scheduled to end three days of unpaid suspension.
Police officials would not say what the suspension was for.

But a producer of the Athens-based Internet video series "The Damn! Show" says Carrell was punished after he allowed the producers to use his patrol car in a sketch making fun of racism, called "Midget Supremacists: Small Hate, Big Problems."

A previous satire by "The Damn! Show" stirred controversy in Oconee County, where the show used the Oconee County Jail to spoof Paris Hilton's recent stay behind bars for driving on a suspended license. In June, Oconee County Sheriff Scott Berry said he won't ever again allow the jail to be used for films or videos because of complaints from citizens.

"The whole reason (Carrell) got in trouble was because of" backlash after a newspaper article about the first video, said Waco O'Guin, co-producer of "The Damn! Show."

"He wasn't on duty, and he just came out for a few minutes so we could film the car. He's a good fan of our show who just wanted to help us out."

In the video, the patrol car bears the Athens-Clarke County Police Department's distinctive blue and gray colors, although the name and logo are obscured.

An actor never drove the car and only was filmed climbing out of the door and going into the trunk.

Carrell's patrol car appears in a brief segment where a diminutive actor portraying a bigoted police officer pulls over a larger person who crossed into "Little Town" city limits.

"We don't want your kind around here," the smaller actor says, before retrieving a stepladder from the cruiser's trunk so he can slap the taller actor's face.

Actors in the sketch dress as Klansmen and refer to larger people as "Biggers."

O'Guin said little people prejudiced against big people were used as a metaphor for white hatred against blacks.

"Our goal was to make fun of racism," O'Guin said. "It's kind of like what Mel Brooks did in 'Blazing Saddles,' and there's not one racist comment in this sketch at all."

O'Guin and fellow University of Georgia graduate Roger Black created "The Damn! Show" in 1996, which was parlayed into a short-lived MTV series called Stankervision.

The next sketch planned for "The Damn! Show" will show McGruff, the crime-fighting cartoon dog used in public service announcements, roughing up an actor playing Atlanta Falcons quarterback Michael Vick, indicted last month for running a large dog-fighting operation, O'Guin said.

http://www.time.com

San Diego DUI Attorney - drunk driving criminal defense news:

DUI / drunk drivers: There could soon be a price on your head.

The Kane County state’s attorney’s office is planning to implement a program that encourages citizens to report impaired drivers they see on the road using a tried-and-true motivator: cold, hard currency.

Though it is still several months away from becoming a reality, the office says it will be launching "Drunkbusters," which is operated by the Alliance Against Intoxicated Motorists, or AAIM, and pays tipsters $100 apiece if the information leads to an arrest.

With this past weekend’s double-fatal crash in Sugar Grove Township, where alcohol is thought to have been a factor, and other DUI fatalities making headlines, it seems to be high time for implementation of such a program.

"If it’s not too much extra work, how is it a bad thing to get people off the street who are driving drunk?" said Kane County State’s Attorney John Barsanti. "Anything you can do ... is a positive thing."

Barsanti said his office and law-enforcement officials have discussed concerns about the program in a meeting with AAIM, including the potential for bogus calls and the possibility that local police departments could be flooded with calls or plagued with extra paperwork.

But Drunkbusters has not created such problems in other Illinois counties — including DuPage, McHenry, Lake and Will — where officials have adopted it, he and AAIM officials say.

"In fact, they (police officers) are pretty darn grateful," said Pat Larson, director of victim services for AAIM. "We have never had police complain that it’s more work for them."

Program proponents say people often are reluctant to phone in erratic drivers, writing the bad driving off to cell-phone use, or simply wishing to remain uninvolved, according to Assistant State’s Attorney Steve Sims, who wrote about Drunkbusters in an office newsletter. The $100 rewards, which will come from court fines charged to all convicted of DUI in Kane County, provide that extra little nudge, he said.

It’s a cool hundred bucks, but the burden is on these good Samaritans to follow up with law-enforcement agencies to confirm that their calls led to DUI arrests. And it’s still up to police to witness the reportedly impaired motorist driving erratically; the phoned-in tip by itself does not provide probable cause for a traffic stop, officials have emphasized.

It could be several months before the court fines that fund the $100 rewards even are assessed, and the phone lines would not be open until sufficient funds have accumulated to pay callers, Barsanti said. But with the potential rewards great and the inconveniences minimal, he said, it doesn’t make sense not to go through with it.

"I think it’s worth a try," he said.

For more information about Drunkbusters, including a flier listing the warning signs that a motorist might be drunk, visit www.aaim1.org.

San Diego Freeway Californi DUI Death:

California DUI man said he was sorry and hoped that one day he would be forgiven moments before he was sentenced this afternoon to 20 years-to-life for the high-speed, California drunk driving death of a motorcyclist who was on his way home from work.

Cesar Nieto Camacho, 34, said he understood that his drinking led to his reckless driving on Sept. 18, 2004, which caused the death of David Daniel Parrino, 25, of Ladera Ranch. Parrino, a graduate of the University of California at Irvine, was knocked off his motorcycle by Camacho and run over by a car that followed on the San Diego Freeway.

Camacho, who had three prior drunk-driving convictions and who was on probation at the time, had a blood-alcohol level of .27 – more than three times the legal limit.

Superior Court Judge M. Marc Kelly gave the life term after a jury convicted Camacho in July of second-degree murder, gross vehicular manslaughter and hit and run.

Kelly told Camacho that he was "entirely to blame" for the late-night accident when he drove at speeds in excess of 90 mph and swerved into Parrino's motorcycle. "You have no one to blame but yourself," Kelly said. "You are out of chances, Mr. Camacho."

http://www.sandiegoduilawyer.com/blog.html

San Diego DUI Attorney update

Hall of Famer and former Seattle Seahawk Warren Moon is set to appear in court Monday to face negligent driving charges.

Police arrested Moon in Kirkland in April on suspicion of driving under the influence.

Last month, the King County prosecutor reduced the charges to negligent driving for speeding because tests of his blood alcohol level showed it was below the legal limit.

San Diego drunk driving defense lawyer info

New York City-based Ferrari Driving School -- the largest driving school in the New York metropolitan area -- will be holding a "Paris, Nicole, Lindsay DUI Awareness Day" on August 17th.

The idea has received major media attention. "Ferrari Driving School has trained thousands upon thousands of drivers -- both for passenger and commercial vehicles -- over the last four decades. We are dedicated to turning out safe drivers. Unfortunately, there has been a spate of young Hollywood starlets getting into trouble while driving.

Because of this we will be holding a 'DUI Driver Awareness Day' on August 17th," said Michelangelo Pinto, the director of operations for the school.

In an interview with Chris Yandek of popular sports and entertainment website www.thesportsinterview.com, Pinto was dubious about some of the alleged driving antics ascribed to Lindsay Lohan -- things like driving in circles on a highway at high speed -- and wondered aloud if she was in Herbie, the magical car from Lohan's 2005 film, "Herbie Fully Loaded." He maintained though, that it was possible that she was "fully loaded."

"Paris Hilton went to jail, Nicole Richie is jail-bound and Lindsay Lohan is yet to have her day in court.

DUI is very serious. People can be killed, lives can be ruined," Pinto emphasized. "As the largest driving school in New York, with 40 years in the business, we have a responsibility to the public to educate all drivers and perspective drivers, young and old, that DUI can be deadly. It can also send you to jail. Our driver awareness day is meant to save lives."


http://www.SanDiegoDrunkDrivingAttorney.net

San Diego criminal defense / DUI attorney news

A man convicted of drunk driving three years ago now faces charges of stalking members of the jury that convicted him.

John A. Yarbrough, 51, was arrested on Friday and charged with two counts of second-degree stalking.

Police began investigating Yarbrough after receiving several complaints from people who served on the jury that found Yarbrough guilty of DUI / driving under the influence in Hopkins County District Court in 2004. He was sentenced to an alcohol treatment program, jail time, fines and had his license revoked for a year.

Yarbrough allegedly went to the homes and businesses of several jurors, saying they were tainted and never should have served on the jury. One juror told investigators Yarbrough harassed his family and friends, claimed he knew where the juror lived and the juror's exercise routine.

A female juror complained Yarbrough followed her home one night, pulled into her driveway and demanded she watch a video he said would prove his innocence. When she refused, he then took it to the woman's place of business.

According to a warrant, Yarbrough even filed open records requests with the counties where two jurors were employed, looking for personal information about the jurors.

http://www.sandiegoduilawyer.com/blog.html

California DUI suspect is in critical condition after rolling his vehicle while evading deputies Sunday.

The single car accident closed southbound Interstate 15 for about 11 hours.

The accident occurred around 2:30 a.m. Sunday, when San Bernardino County Sheriff’s Department detectives were traveling westbound on Main Street near Maple Avenue in Hesperia, and noticed a car weaving across several lanes of the road, a Sheriff’s Department press release states.

The detectives requested assistance from the Hesperia station and Deputy Greg Swoboda, assigned to DUI enforcement, responded to the location.

According to the release, after Swoboda activated his emergency lights the suspect fled toward I-15, reaching speeds of 90 mph. The driver then turned off his headlights and began bumping the center divider.

Swoboda attempted a patrol-intervention-technique maneuver in the area of Main Street and Cataba Road, which spun the vehicle around.

The California drunk driving suspect then fled eastbound at a high rate of speed entering the I-15 southbound on-ramp before losing control, flipping his vehicle several times, and being ejected.

http://www.sandiegodrunkdrivingattorney.net/blog.html

Sending a "very, very strong message" to his team in light of recent off-field legal incidents, Texas coach Mack Brown said Sunday he has suspended linebacker Sergio Kindle and defensive end Henry Melton for the team’s first three games.

Both players were charged with driving while intoxicated during separate incidents this summer. Kindle, a sophomore from Dallas, and Melton, a junior from Grapevine, will miss the team's first two practices when fall drills begin Monday. Part of that time will be spent listening to the testimony of a representative from Mothers Against Drunk Driving (MADD) who had a child severely injured by a drunk driver, Brown said.

In addition, Brown said both players -- backups who are projected as contributors this season -- must perform community service before returning to the field. Their suspensions overlap games against Arkansas State (Sept. 1), TCU (Sept. 8) and Central Florida (Sept. 15).

Melton and Kindle are two of four Longhorns who have had brushes with the law since June 1. The others, Robert Joseph and Dre Jones, have been charged in relation to an aggravated robbery July 27.

Jones remains indefinitely suspended but still on scholarship. Joseph left the team in June, announcing plans to transfer after Brown suspended him following a June 9 arrest on two counts of burglary of a vehicle. Brown also issued an apology Sunday to Texas administrators, students and fans for "the embracing incidents that occurred this summer."

"In no way are those [arrests] indicative of what we've worked so hard for nine-and-a-half years to build with class, character and integrity at the University of Texas," Brown said. "We have a zero-tolerance policy and ... the large majority are listening. The few that aren't will be disciplined and punished, and we'll move forward."

Brown said he would let the legal process run its course in relation to Jones before commenting on his case or taking additional action. As for Melton, arrested on DWI charges June 1, and Kindle, who was charged July 28, Brown said, "We have a serious problem with drugs and alcohol in America today. I really feel like this is a great opportunity for our football team to stand up and talk about how serious we feel about drinking and driving.

http://www.sandiegoduilawyer.com/blog.html

Drunk Driving Defense Attorney Alert

In an effort to punish those booked for drunk driving by getting them convicted and sentenced by a court, city police's traffic branch officials are being trained to argue in the court.

"We have booked over 2,300 people in the last 40 days for drunken driving during a special drive as against the earlier annual figures of around 1,200 motorists each year. The offenders tend to get away just by paying the fine and not appearing in court," Deputy Commissioner of Police (Traffic) Harish Baijal said.

He said the department is not given any prosecutors as the cases run in small cases courts and he himself argued last week securing conviction of ten offenders.

Baijal took his subordinates to the court for training them while he got conviction for the ten under Section 185 of the Motor Vehicles Act.

"Those present have trained their subordinates till the rank of sub inspector and we have secured 87 convictions, 25 of them sentenced to imprisonment, due to the police personnels efforts," Baijal said.

Apart from that, officials have also suspended driving licenses of all the 87 motorists and secured arrest warrant in one case, he added.

Joint Commissioner of Police (Traffic) Vijay Kamble added that the department had embarked on special drive against drunk driving after accidents like the one involving Bandra resident Alistair Perreira were reported in the city.

A man whose blood-alcohol content was nearly four (4) times the threshold for drunk driving / driving while intoxicated was arrested on a felony drunk driving charge after he hit another vehicle Wednesday.

Glenn S. Miller of Pleasant Valley Road was charged after he allegedly backed into another vehicle at the intersection of Routes 4 and 32 about 4:30 p.m. Wednesday, according to the Washington County Sheriff’s Office. No one was hurt in the crash, DWI police say.

Miller’s BAC was allegedly found to be 0.31 percent, nearly four times the 0.08 percent threshold for DWI, Washington County Sheriff Roger Leclaire said. He was charged with felony DWI because he was convicted of misdemeanor DWI in 2005.

http://www.sandiegoduihelp.com

Drunk Driving defense attorney news

A state appeals court Thursday upheld a judge's 2005 decision to drop a DWI / driving while intoxicated charge against District Judge Rodolfo "Rudy" Delgado on grounds he was not given a speedy DWI trial.

The opinion by the 13th Court of Appeals found the more than two-year delay between Delgado's the DWI arrest and the trial was "presumptively prejudicial and unreasonable," and the prosecution did not meet its burden for justifying the delay.

Delgado was pulled over on suspicion of drunk driving in 1992, but allegedly refused to take a DWI breathalyzer / blood alcohol test. He was allegedly charged with drunk driving/driving while intoxicated and evading arrest.

http://www.people.com

San Diego criminal defense attorney / California DUI news

Only a day and a half before her California DUI crash on Memorial Day weekend, Lindsay Lohan vowed that she would not drive drunk.

Actress Lohan said that when it comes to living under the glare of paparazzi flashes, "It's scary ? they're looking for me to, like, trip, so they can be like, 'Oh, Lindsay's wasted and driving drunk.' "

But, she insisted, she would never do that. "I wouldn't violate....I'm much more responsible than that. I would not do that," she added.

On July 24, after a 45-day stint at Promises rehab center following the May crash, Lohan, 21, was arrested again on suspicion of California drunk driving after a car chase.

http://www.youtube.com

California drunk driving defense lawyer update

California drunk driving accidents are common.

California DUI is one of several "outside factors" which can sway your personal injury case decision in your favor - using a cell phone while driving is another outside factor.

Outside factors are the actions of the other driver which did not directly cause the accident but contributed to, and prove, negligence. A California drunk driving accident may have been caused by the driver speeding, failing to signal or running a stop sign. The drunkenness is incidental, but highly relevant.

Because of this, when an accident involves California drunk driving the drinking is generally considered an intangible. So even if there's no charge of California drunk driving, it's important to bring up anything alluding to the driver drinking. For example, smelling alcohol on the driver's breath or seeing empty bottles in the car. Emphasising these things can help your case.

Aside from California drunk driving accidents, cell phone accidents are increasingly common. If the other driver was talking on a cell phone when the car accident happened, you're likely to win a quick personal injury settlement.

Cell phones have been proven to cause accidents by distracting the driver. Some studies have shown that cell phones are responsible for the same number of accidents as California drunk driving. Mentioning this to the insurance adjuster will strengthen your case, but they'll still put up a fight.

When California drunk driving accidents happen a law has clearly been broken and charges will usually be made against the driver. That alone should have the insurance adjuster hurrying to make an offer.

With cell phone use it is not that easy since many states do not have laws against using them while driving. California will, though, beginning next year.

Without the element of a broken law and resulting charges, it may be more difficult to prove the driver was using a cell phone. This will come down to your word against theirs, but that i okay. If you know you're right, then make sure the adjuster realizes that if your claim goes to court, you will demand the other driver's cell phone records. This will prove your case.

If your case involves a California drunk driving accident or a cell phone accident, make sure to stress it in your demand to the insurance company. California drunk driving accidents are so common that the mere mention of the word 'drunk' will do most of the work for you.

San Diego Criminal Defense Attorney DUI update


Paso Robles Police are out in force tonight, looking for California DUI drivers - those drinking alcohol and then getting behind the wheel.

When the sun goes down at the California Mid-State Fair, the party for many is just beginning.

Nighttime fairgoers can find just about anything to quench their thirst, including beer, wine and plenty of booze. One vendor we talked to estimated he sells about 2,000 margaritas a night at $10.50 a pop. That's 21,000 dollars in margaritas. Over the span of the fair those numbers add up to 48,000 margaritas, totaling over $500,000.

Local law enforcement agencies have uniformed and undercover officers patrolling the fairgrounds in search of overindulgence and underage drinking.

And to keep the booze from spilling out onto the streets, Paso Robles Police set up a California DUI checkpoint Thursday night.

"Holding checkpoints actually reduces DUI drivers out on the street. So if people know that there will be a checkpoint that night, they are more likely to designate a driver," said Erin Taylor, California DUI Task Force.

San Diego DUI Attorney news

Want to visit the local wineries but worred about getting a San Diego DUI ?

Take a limo or bus to avoid a San Diego Drunk Driving Charge .

Everyone knows what can happen when people drinking in limousines and buses visit Wilson Creek Winery & Vineyards.

The security guard has witnessed passengers urinating outside buses and in the bushes. In four months, he has turned away a dozen limousines when loud and obnoxious passengers appeared to be drunk. They often left shouting obscenities out the window.

Wilson Creek and other Temecula Valley wineries are cracking down on intoxicated customers walking off buses and limousines and into tasting rooms. Tipsy from alcohol served on the drive, these visitors are disrupting the serious wine tasters in the vineyard-covered hills east of Temecula, winery owners said. Some already ban certain transportation companies from their grounds.

Now, the Temecula Valley Winegrowers Association has endorsed the Responsible Partner Program, which aims to discourage drinking hard liquor and beer during visits to wine country, said President Ray Falkner, owner of Falkner Winery. Program rules also ask transportation companies to distribute a tasting etiquette handout and remove intoxicated customers from wineries.

Temecula Valley winegrowers have started asking bus and limo companies to discourage drinking beer and hard liquor while en route to the wineries.

If a company signs the agreement, the association will promote the company on its Web site, Falkner said. If it doesn't sign by November, the group plans to encourage wineries to bar the company from visiting, he said.

The program has drawn mixed reactions from visitors, winery owners and the up to 80 owners ofcompanies that shuttle an estimated 2,000 people from throughout Southern California to the wineries on a typical Saturday.

Robert Watson, vice president of San Diego-based Avant-Garde Limousine, which offers one bottle of wine and champagne to its customers, signed without hesitation.

In past visits to Temecula Valley wineries there has been women lifting their shirts and customers carried out by friends. Despite this, the Riverside County Sheriff's Department hasn't seen an increase in calls from wineries about disruptive customers and fights between visitors and winery employees, Temecula police say.

In spring 2006, the Temecula Valley Convention and Visitors Bureau started thinking about ways to regulate limousines and buses because of concerns about some without proper licenses.

The effort expanded to address the growing problem of intoxicated customers coming to the 30 Temecula Valley wineries, which attract an estimated 300,000 visitors a year.

A bureau task force of limousine and bus company officials and winery owners created the Responsible Partner Program in September 2006, said John Kelliher, a bureau board member and owner of the Grapeline, a Temecula-based winery shuttle-bus company.

The winegrowers association took over the program this year.

Several program backers said Napa Valley served as a model.

In the late 1990s, Napa Valley experienced an influx of customers getting drunk on limousines or buses and at wineries, said Terry Hall, spokesman for Napa Valley Vintners, a nonprofit group representing almost 300 wineries.

Though Napa has no policy about drinking on limousines and buses, anecdotal evidence suggests the number of visitors coming to the wineries to get drunk has declined, Hall said.

He credited the drop to wineries' late-1990s decision to charge for tasting. Also, most winery owners have little tolerance for intoxicated customers because they don't buy bottles of wine, Hall said.

In turn, limousine and bus drivers, seeking to maintain good relationships with winery owners, don't bring as many intoxicated guests.

Bus and limousine companies serving Temecula Valley wineries also believe good rapport with winery owners is essential for good business.

The cost of trips depends on the number of people, day and length, type of vehicle and whether food is included.

For example, a Saturday Grapeline trip from San Diego -- lunch and tasting-room fees included -- costs $118 per person, according to its Web site. The same trip from Temecula locations without lunch or tasting-room fees is $48 per person.

Wilson Creek Winery security guard Anthony Calucag, right, makes sure drinks are thrown out before visitors enter the winery.

Kelliher, the Grapeline owner, said his company has shuttled up to 420 people to Temecula Valley wineries on a Saturday.

He discourages customers from taking alcohol on the vehicle and limits the amount they can bring. Four bottles of champagne for 20 people is fine, but 48 cans of beer for four people is an obvious "moving cocktail party".

The company requires a $300 deposit from those who carry alcohol onto the vehicle. Kelliher jokingly called it the "if-they-lose-their-lunch clause."

Watson, vice president of Avant-Garde Limousine, said he makes up to 20 trips each month from San Diego County to the wineries.

The company doesn't serve hard liquor or beer, Watson said. Drivers wouldn't stop customers from bringing these drinks, but would tell them the wineries discourage it, he said.

Like Watson, Cece Flores, who picnicked a recent Saturday with her husband and friends at Wilson Creek, doesn't believe hard liquor and beer belong in vehicles.

"I want to enjoy the winery for its peacefulness," said Flores, of West Hills in Los Angeles County. "I don't want to be around a lot of drunk guys partying."

Some transportation company officials stress they keep intoxicated people from driving and say they shouldn't have to tell customers that they can't bring alcohol on the vehicle.

"I would think it would be counterproductive to place regulations on a business that transports hundreds of people to their doorstep every weekend," said Matt Berger, office manager for San Diego Charter, a San Diego-based limousine bus company.

Berger said the company hasn't been told of the agreement by the winegrowers association and hasn't decided if it will sign.

Bob Sirota, owner of Corona-based Magic Carpet Winery Tours, said he signed the agreement to stay on the association's good side but doesn't agree with all of it.

He doesn't think he should have to steer clients to association-member wineries instead of other Temecula Valley wineries or encourage clients to buy wines from wineries rather than other retail outlets.

"I just started business in February," said Sirota, also known as "Mr. Magic." "I'm eager to please the wineries."

Ponte Family Estate Winery started restricting limousines and buses 1 ½ years ago, the first in the Temecula Valley to do so, said Lauren Todd, the winery's tasting-room manager.

Todd said the winery has a list of about five companies barred from the property, but declined to name them.

Companies must make reservations for weekends so the winery can space them out across the day, Todd said. The winery can draw up to 700 people on a Saturday and 500 on a Sunday, compared to 50 on a weekday, she said.

On a typical Saturday, the winery allows about 10 limousines and buses, but turns away 15, Todd said.

For the past nine months, Leonesse Cellars has limited limousine and bus access after 1 p.m. on Saturdays and Sundays, said owner Mike Rennie, who helped create the Responsible Partner Program.

The winery acted after employees started seeing more intoxicated, disruptive people coming from limousines and buses in the late afternoon and on weekends. Rennie said he heard men making suggestive comments to women, saw women lifting their shirts and people vomiting.

At Wilson Creek Winery & Vineyard, four security officers work Saturdays, when up to 1,500 people and up to 40 limousines and buses can visit. Three security-officer positions have been added in the past 18 months, said Chris Gregory, tasting-room manager.

The officers, including Calucag, watch for intoxicated customers, ensure visitors don't bring alcohol on the property, assist with parking and help usher people out of the tasting room when it closes.

Winery co-owner Bill Wilson, who helped create the Responsible Partner Program, has no problem with someone drinking a Bloody Mary in a limousine on the way to wine country. But he doesn't want someone having five Bloody Marys throwing up in the winery bushes.

A limo or drunk bus can still avoid a San Diego DUI / San Diego Drunk Driving charge.

http://www.sandiegoduilawyer.com/blog.html

San Diego DUI Attorney news

A rookie NYPD cop charged with DWI and manslaughter in the alleged drunk driving crash that killed her fellow probie tearfully told a cop who came to her rescue that she used to be an officer, just like him, but "not after tonight."

Nassau Officer Joseph Angelino took the stand in a Mineola courtroom yesterday at a pretrial hearing for Danielle Baymack, 22, charged in the DUI crash last Sept. 22 in Wantagh that took the life of her friend, rookie Marlene Rivera, 24.

Baymack "looked right at me and told me, 'I used to be a cop like you.' I looked at her. I saw a young girl," Angelino testified.

He said he asked, "What do you mean 'used to be'?"

"Not after tonight," Baymack replied.

After court, Baymack's lawyer, Robert Brunetti, accused Angelino, who only recently remembered the remarks, of making it all up.

A DUI / DWI / Drunk Driving can happen to anyone, on any side of the law.

http://www.sandiegoduilawyer.com/blog.html

San Diego Criminal Defense DUI Attorney news

Lane Garrison to become a free man in 90 days

The judge ordered the former "Prison Break" star to go to state prison for 90 days. The purpose: for shrinks and others to determine if he's a suitable candidate for straight probation. The smart money is now on the judge letting Garrison go free after a mere 3 months in prison.

The order followed dramatic, gut-wrenching testimony during Garrison's DUI sentencing hearing at the courthouse.

The father of the boy who died in the car Garrison was driving testified that Lane is a self-absorbed person: "He's selfish. He took no responsibility. He could have come to us the next day and apologized, but he didn't."

The father also said he was furious at Garrison's PSA. The PSA shows a remorseful Garrison fronting an anti-drinking spot recreating the fatal crash. The dad testified, "He is an actor. He is acting. He killed a human being and he killed our son." The dad said, "Yesterday was one of the hardest days. It was Vahagn's birthday. He would have been 18."

Garrison then testified, "I relive that night every day and I think about the bad decisions I made." Garrison, who plead guilty to vehicular manslaughter, said, "All I can say to you is that I'm sorry. I tried to contact you every day. This PSA was not a publicity stunt." Garrison added, "We can't bring him back, but I'm sorry for my behavior that evening and that is not representative of who I am usually."

Garrison's lawyers, top California DUI lawyer Rich Hutton and Harland Braun, suggested the boy who died was partly responsible.

Braun said, "The young man died because he was sitting in a car with a drunk driver." Braun also suggested Garrison may have been a victim as well -- and that before the crash, someone may have slipped him a drink with the date rape drug GHB.

The D.A. vehemently opposed the 90-day diagnostic exam, arguing that Garrison should get four years in prison.

The Israel Defense Forces is considering dismissing career servicemen guilty of drunk driving.

A senior officer said yesterday that the head of the IDF's Personnel Directorate, Major General Elazar Stern, was seriously considering such an initiative.

The army plans to consult with the Military Advocate General about the legality of these disciplinary measures, which would equate punishment for inebriated driving to drug use.

"A commander who drinks and drives is not worthy of being in the IDF," the officer said.

The Defense Ministry spends over NIS 100 million annually on the rehabilitation and treatment of soldiers who have been injured in traffic accidents and on compensating relatives of soldiers killed in accidents.

In 2008, the IDF plans to spend NIS 7 million on educating soldiers to drive safely while on leave.

Recruits will be taught proper road conduct, even if they are not required to drive as part of their military service.

The IDF ran a similar program in the past, but discontinued it due to lack of funding. It is expected to be resumed in October.

Program proven effective

An IDF officer said that the program had been proven effective, and that the soldiers who participated were not involved in traffic accidents.

The IDF also operates the "angels" network as part of the program.

The "angels" are female soldiers who take special courses that teach them how to influence their fellow soldiers not to drink and drive.

San Diego DUI attorney news

The mother of a 6-year-old boy killed when his drunken father crashed their car on Interstate 15 near Escondido was sentenced Thursday to four years probation and 300 hours of community service.

Rosa Carachure pleaded guilty in June to a count of child endangerment in connection with the May 5 crash that killed Brian Mendoza.

The boy's father, Rodrigo Mendoza, was sentenced last week to six years in prison. He was convicted of gross vehicular manslaughter and other charges.
The prosecution contended that the 29-year-old Carachure knowingly placed her three children in danger by putting them in the car with their father, knowing he had spent the day drinking at the Escondido Swap Meet.

Her attorney told Judge Aaron Katz that her client didn't realize her husband was intoxicated until they were already on the freeway.

The woman faced a “Hobson's Choice” of placing the children in the car or disobeying her husband, the lawyer said.

Witnesses reported that the vehicle was weaving across the freeway at about 80 mph before running up an embankment and rolling several times.

The boy, who was not wearing a seat belt, died in the crash. His older brother and sister were unhurt and are now staying with an uncle in Fallbrook.

Deputy District Attorney Patricia Lavermicocca said at previous hearings that the couple was arguing about Rodrigo Mendoza's intoxication just before the crash. Mendoza's blood-alcohol level was measured at .21 percent after the accident.

Katz told Carachure that she was “well aware” of her husband's drunkenness when they got in the car, and that he knew of her efforts to conceal the facts of the case after the crash.

“You failed to protect your children, and failed to protect your 6-year-old, and you lost your child,” the judge told the woman, who burst into tears.

The judge warned her that he would place her in jail for six months if she violated the terms of her probation.

San Diego DUI attorney news

Hard Rock dealer busted for DUI while wearing drunk t-shirt

Amanda Lynn Bailey couldn't have picked a more point-well-taken shirt for her arrest on DUI charges.

The 41-year-old is a dealer for the Seminole Hard Rock Hotel & Casino in Tampa. She was arrested July 31 and charged with DUI and driving with a cancelled, suspended or revoked license.

It was allegedly her second DUI arrest in three months.

When photographing for booking, Hillsborough sheriff's office employees made sure they included the entire, unfortunate message on Bailey's t-shirt. It read:

"I'm not an alchoholic, I'm a drunk. Alcoholics go to meetings."

San Diego DUI attorney information

Minister Charged With DUI And Indecent Exposure

Tommy Tester, a 58-year-old minister, was taken into custody on charges of indecent exposure, DUI and violating the open container law.

Tester was arrested after he allegedly urinated in plain view in front of a car wash where children were standing, according to the officer.

Tester was wearing a skirt at the time and offered to perform oral sex on the police officers that arrived on the scene.

The pastor of the Gospel Baptist Church in Bristol, VA is also an employee of a Christian radio station WZAP-AM. The stations owner, Al Morris, was reported as saying, "We do not know all the details and facts concerning the arrest; but for the time being Tommy has been relieved of his responsibilities at the station until such facts surrounding the case are determined. We pray that this matter can be quickly resolved. In the meantime, we ask you to pray for Tommy and for WZAP."

Tester was let out on $1,000 bond and is scheduled to attend a hearing on October 25.

A woman was arrested for DWI at the Albuquerque International Sunport with her three-year-old son in the car after her family allegedly says she was drinking on a flight.

Stephanie Duffy, 24, had arrived in Albuquerque with her young son late Sunday night on a Southwest Airlines flight from San Diego.

Duffy’s father says his daughter allegedly did not drink much, but did drink on an empty stomach. But Drunk Driving police say Duffy was drunk enough to catch the attention of a shuttle bus driver dropping her off at the parking lot.

“With some of the incidents we’ve had unfortunately brought this to the forefront and people are being more aware. They’re being more vigilant,” said Sunport spokesman Daniel Jiron.

That vigilant shuttle driver notified police who arrested Duffy as she was driving out of the parking lot. She refused a breathalyzer test, resulting in an aggravated DWI charge.

Police also charged Duffy with child abuse because they say her three-year-old son was with her in the car and was climbing around inside.

Sunport workers have been on the lookout ever since Dana Papst stepped off a plane drunk and drove the wrong way on I-25 in November, slamming to another vehicle and killing five people.

Duffy pleaded not guilty to all charges against her. Court records show she was also allegedly arrested in 2003 at Isotopes Park for being a minor in possession of alcohol.

As of August 1, 2007, an alcohol establishment in an international airport reportedly must first see a valid driver license or the Bar cannot serve airline passengers waiting to fly under the influence. So if true, a person with a suspension from a California DUI - after California DMV takes the license - gets no alcohol.