California DUI defense attorney news

September 29, 2007
Kiefer Sutherland, as agent Jack Bauer on Fox TV's "24," has seen some pretty tough nemeses.

But when city prosecutors Friday charged the actor with two counts of drunk driving and accused him of violating parole in a prior DUI case, they thrust him into the courtroom of the judge who sent Paris Hilton to jail and, when the sheriff let her out early, sent her, sobbing, right back.
Los Angeles County Superior Court Judge Michael T. Sauer, amid the Hilton circus, declared that he didn't "care to be DUI judge to the stars."

But when Sutherland is arraigned Oct. 16, his case may become another showdown between the judge and Sheriff Lee Baca. Like Hilton, Sutherland is accused of violating his DUI probation. He faces a potential 18 months in jail.

When Baca released Hilton because of an undisclosed medical reason after she served three days of her 45-day sentence, Sauer sent her back.

For years, judges have watched, frustrated, as the sheriff has slashed sentences to alleviate jail overcrowding

"The only strategy is really throw yourself on the mercy of the judge. This is not a judge who is going to go easy on a celebrity," Loyola law professor Laurie Levinson, a former prosecutor, said of Sutherland's case.

"His attorney could seek to remove the judge [from the case]. But if you shoot the king and miss, there will be consequences."

Sutherland, 40, was charged with driving a vehicle under the influence and having a blood alcohol level above the 0.08% state limit after his arrest early Tuesday in Hollywood.

City attorney's spokesman Nick Velasquez said prosecutors also were seeking to revoke Sutherland's probation from a 2004 arrest.

The actor faces up to a year in jail if convicted on the new charges and six months for any probation violation.

Because of the prior conviction, Velasquez said, if convicted, "Mr. Sutherland must serve a minimum of 96 hours in jail."

Sutherland's attorney, Blair Berk, would not comment.

The actor has been convicted of or pleaded no contest to alcohol-related charges three times locally since 1989.

Paul Burglin, a DUI defense attorney and one of the authors of the book "California Drunk Driving Law," said Sutherland may be far better off than Hilton was because the public perception of the heiress was that "she was flouting the orders of the court" by driving without a license.

Still, he said, Sutherland may get a 30- to 60-day sentence. Burglin said the jail time could be served in home detention or at treatment facility.

But Burglin said a judge can exclude a defendant from such alternatives. This was the case with Hilton's sentence.

If there are no technical problems with the prosecution's case, Burglin said, Sutherland's lawyer may consider getting him to enroll him in a residential treatment program.

He said the judge should take into account Sutherland's prior performance on probation, including meeting such requirements as attending classes.

According to police, Sutherland was pulled over about 1:30 a.m. Tuesday near La Cienega and Beverly boulevards after making an illegal U-turn.

He was arrested after failing a breath analysis, allegedly registering over the legal blood-alcohol limit.

Court records show Sutherland was convicted of alcohol-related reckless driving in 1989 and 1993.

In November 2004, he pleaded no contest to one misdemeanor count of driving under the influence and was sentenced to 60 months of probation and 50 hours of community service and ordered to attend an alcohol treatment program.

He won a best actor Emmy last year for his work in "24," which is scheduled to return to the Fox lineup in January.

Sutherland, who was raised in Canada, received the Award of Excellence on Tuesday from the Alliance of Canadian Cinema, Television and Radio Artists, an actors union, for his contribution to fellow Canadian performers and the entertainment industry.

California DUI criminal defense attorney news

The director of a domestic violence and rape crisis center in Merced was arrested over the weekend on suspicion of driving under the influence and a hit & run crash.

Diana Almanza was booked into the Merced County Jail at 12:59 a.m. Saturday and released a few hours later, authorities said.

Almanza is the executive director of A Woman's Place.

The charges should sound familiar to Almanza. They're the same ones she was booked on a last weekend.

In that earlier incident, Almanza was arrested in the parking lot of a Merced market. Authorities allege she went there to buy wine after sideswiping a parked car and ran up and curb and over a city street sign.

She showed signs of intoxication and that she admitted to taking Vicodin earlier in the day, officers said.

Field sobriety and breath tests put Almanza's blood-alcohol level of 0.06 and 0.07, just below the legal limit a person is considered intoxicated

California DUI Law Enforcement Criminal Defense Attorney news

California Drunk driving charge for cop

An off-duty lieutenant with the Alameda County Sheriffs Office has been charged with DUI after driving the wrong way down Mountain House Parkway, police said.

Lt. Kerry Jackson, who has spent nearly 20 years with Alameda County and currently works in the planning and research section, was first spotted at a turn signal near Mountain House Parkway and Mascot Boulevard shortly before 12:30 a.m. Sept. 9 by a San Joaquin County Sheriffs deputy, according to police.

He was reportedly on his way home, in eastern Contra Costa County, after spending Saturday evening at a Livermore winery where Alameda County Sheriff Gregory Ahern was celebrating his 50th birthday, law enforcement officials said.

It was unclear if he made any stops between leaving the party and his eventual citation.

Sheriff Ahern called it an unfortunate incident.

It will be handled by the local law enforcement agency, Ahern said through a spokesman. Jackson is going to have to face the consequences of the court system likeanybody else and, additionally, hes also going to be subject to an internal affairs investigation.

After the signal light changed, Jackson, who was driving a 2000 Ford Explorer, turned north onto Mountain House Parkway, but he was traveling in the southbound lanes and quickly pulled over, police said.

The California Highway Patrol was summoned to investigate a possible California DUI / driving under the influence.

Following field examinations, Jackson was cited on California DUI / suspicion of driving under the influence and driving with blood-alcohol content of 0.08 percent or more, both misdemeanors, according to a CHP investigator.

If convicted, Jackson faces a suspension of his drivers license, a fine and possible jail time or probation.

California DUI criminal defense attorney news

Filed 9/26/07 P. v. Sherman CA1/4

Opinion following remand by U.S. Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,
Plaintiff and Respondent,

v.

JOHN PAUL SHERMAN,

Defendant and Appellant.
A112297
(Lake County

Super. Ct. Nos.

CR033793 & CR902302


This case is before us on remand from the United States Supreme Court for further consideration in light of that court’s decision in Cunningham v. California (2007) ___ U.S. ___, 127 S.Ct. 856, 868-871 (Cunningham). The parties have provided supplemental briefing addressing both Cunningham and the California Supreme Court’s recent interpretation of Cunningham in People v. Black (2007) 41 Cal.4th 799 (Black II). After further consideration in light of both Cunningham and Black II, we affirm the judgment and sentence.

background

Defendant John Paul Sherman pleaded guilty to hit and run drunk driving and related offenses. A superior court judge sentenced defendant to an upper term upon finding aggravating facts or circumstances related to the offense and offender. Defendant appealed, claiming that his sentence was unconstitutional because the sentence was founded on facts not tried and determined by a jury. (U.S. Const., 6th Amend.) In our original decision issued on September 14, 2006, we rejected defendant’s claim on the authority of our Supreme Court, which had held that the federal constitutional right to a jury trial on fact-finding does not apply to judge-imposed upper term prison terms under California’s sentencing law. (People v. Black (2005) 35 Cal.4th 1238, 1254-1264 (Black I); Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.)

Several months after our decision was filed, the United States Supreme Court held that an upper term may not be imposed by a judge unless an aggravating fact used in sentencing is proved to the jury beyond a reasonable doubt or is established by the defendant’s admissions or prior convictions. (Cunningham, supra, 127 S.Ct. at pp. 868-871).) The federal high court vacated Black I, upon which we had relied, and remanded it to the California Supreme Court for further consideration in light of Cunningham. (Black v. California (2007) ___ U.S. ___, 127 S.Ct. 1210.) The United States Supreme Court also vacated our decision and remanded this case for further consideration in light of Cunningham.

The California Supreme Court recently considered the application of Cunningham to California sentencing, and held that imposition of an upper term sentence does not violate a defendant’s right to a jury trial where “at least one aggravating circumstance was established by means that satisfy Sixth Amendment requirements and thus made him eligible for the upper term.” (Black II, supra, 41 Cal.4th at pp. 805-806.) Consistent with the Sixth Amendment, there are two types of aggravating facts that may be used to impose an upper term without a jury determination of those facts. “First, a fact admitted by the defendant may be used to increase his or her sentence beyond the maximum authorized by the jury’s verdict. [Citation.] Second, the right to jury trial and the requirement of proof beyond a reasonable doubt do not apply to the aggravating fact of a prior conviction.” (People v. Sandoval (2007) 41 Cal.4th 825, 836-837.) The Sixth Amendment does not include the right to a jury determination on the fact that prior convictions occurred, or “other related issues that may be determined by examining the records of the prior convictions.” (Black II, supra, at p. 819 & fn. 8.)

In Black II, the court affirmed an upper term sentence where a sentencing brief and probation report listed, as an aggravating circumstance, that defendant Black’s prior convictions were “numerous or of increasing seriousness.” (Black II, supra, 41 Cal.4th at p. 818 & fn. 7; Cal. Rules of Court, rule 4.421(b)(2).) As will be seen, this same aggravating fact made defendant Sherman eligible for the upper term, and thus defeats his appellate challenge to the sentence imposed.

facts and Trial
court proceedings

A. Case No. CR033793

Testimony at the preliminary hearing established that defendant was driving while “extremely intoxicated” on April 27, 2003. He had been embroiled in a verbal altercation with other men, who then rammed defendant’s pick-up truck with their own vehicle. Defendant fled in his truck at a high rate of speed and, while rounding a corner, spun out and struck a pedestrian. The pedestrian was knocked to the ground, suffered a concussion, and sustained lacerations to her hand when it struck, and broke through, the truck’s side window. Defendant did not stop to aid the pedestrian, and did not report the accident. Instead, defendant went to a residential garage to change a flat tire on his battered truck. The police found him there, “reek[ing]” of alcohol and too drunk to stand up. Defendant was arrested and made several attempts to escape the police vehicle while being transported to jail. Defendant also refused to have his blood alcohol level tested. The police checked the status of defendant’s driver’s license and found that it was suspended or revoked.

The People charged defendant with drunk driving with injury to another (Veh. Code, § 23153, subd. (a)); hit and run driving with injury to another (Veh. Code, § 20001, subd. (a)); attempted escape from police custody (Pen. Code, § 4530, subd. (b)); and driving with a suspended or revoked license (Veh. Code, § 14601.2, subd. (a)). In connection with count one for drunk driving with injury, the People also alleged that defendant had prior convictions from January 2000 for drunk driving (Veh. Code, § 23152, subd. (a)) and alcohol-related reckless driving (Veh. Code, §§ 23103, 23103.5). It was additionally alleged, on count four’s charge of driving with a suspended license, that defendant had two prior convictions from 2001 for driving with a suspended license.

In June 2004, defendant pleaded guilty to counts one (drunk driving with injury) and two (hit and run driving with injury), and admitted the prior drunk driving and reckless driving convictions alleged on count one. The remaining counts were dismissed, with defendant’s agreement that the trial court could consider the facts underlying the dismissed counts in sentencing. (See People v. Harvey (1979) 25 Cal.3d 754, 758 [sentencing court may consider facts underlying dismissed counts with defendant’s agreement].) The negotiated plea did not promise a particular sentence, but the court advised defendant of the maximum possible sentence and explained that the sentencing range was two to four years on count one, and sixteen months to three years on count two. The court also advised defendant that his sentence would be based, in part, on a probation department report and recommendation. Defendant’s counsel stipulated that the preliminary hearing transcript could be received as a factual basis for the plea.

B. Case No. CR902302

In a separate case, defendant was charged with drunk driving (and other offenses) committed on June 9, 2004, less than two months after the hit and run incident. (Veh. Code, § 23152, subd. (a).) Defendant pleaded guilty to drunk driving and admitted three prior convictions for drunk driving and reckless driving. As in the earlier case, the court advised defendant of the sentencing range and that the court would review the probation department’s report when selecting a sentence.

C. Sentencing

The probation department submitted a sentencing report that recommended imposition of the upper term of four years on count one (drunk driving with injury), and a concurrent upper term of three years on count two (hit and run driving with injury) in case No. CR033793. (Pen. Code, § 18; Veh. Code, §§ 20001, subd. (b)(2), 23153, subd. (a), 23566, subd. (a).) In case No. CR902302, the probation officer recommended a consecutive eight month term.

The probation officer’s report listed four circumstances in aggravation of the hit and run crime: defendant “engaged in violent conduct which indicates a serious danger to society”; “defendant’s prior convictions as an adult are numerous”; “defendant was on summary probation when the crime was committed”; and “defendant’s prior performance on summary probation was unsatisfactory.” (Cal. Rules of Court, rule 4.421 (b)(1), (b)(2), (b)(4), (b)(5).) The report listed eight prior convictions for drunk driving, reckless driving, driving with a suspended license, public intoxication, resisting a peace officer, attempted escape from custody, battery, and inflicting corporal injury on a cohabitant.

Two circumstances were listed in mitigation: defendant committed the hit and run driving offense under “almost exculpat[ory]” circumstances because it appears he was fleeing from a motorist trying to ram defendant’s truck, and defendant voluntarily acknowledged wrongdoing at an early stage of the criminal process by pleading guilty. (Cal. Rules of Court, rule 4.423 (a)(4), (b)(3).) The probation officer noted, however, that the second mitigating circumstance did “not carry much weight” because the guilty plea was a bargained exchange for the dismissal of other charges.

At the sentencing hearing in August 2005, the trial court noted that it “takes these sentencing matters very seriously” and had “spent some time” reading the probation officer’s report, during which the court “made two pages of notes” in the course of its review and consideration of the report. The court adopted the probation officer’s recommendation and imposed the upper term on both counts in the hit and run case upon finding that defendant’s conduct indicates a serious danger to society, defendant’s prior convictions are numerous, defendant was on probation when the crime was committed, and defendant’s prior performance on probation was unsatisfactory. (Cal. Rules of Court, rule 4.421 (b)(1), (b)(2), (b)(4), (b)(5).) The court made the terms on the two counts in the hit and run case concurrent (No. CR033793), and imposed a consecutive eight month term for the later drunk driving conviction (No. CR902302), for an aggregate prison term of four years, eight months.

discussion

As noted above, our high court has held that imposition of an upper term sentence does not violate a defendant’s right to a jury trial where “at least one aggravating circumstance was established by means that satisfy Sixth Amendment requirements and thus made [defendant] eligible for the upper term.” (Black II, supra, 41 Cal.4th at pp. 805-806.) The right to a jury trial under the Sixth Amendment does not apply to the fact that prior convictions occurred, or “other related issues that may be determined by examining the records of prior convictions.” (Id. at p. 819 & fn. 8.)

“The determinations whether a defendant has suffered prior convictions, and whether those convictions are ‘numerous or of increasing seriousness’ [citation], require consideration of only the number, dates, and offenses of the prior convictions alleged. The relative seriousness of these alleged convictions may be determined simply by reference to the range of punishment provided by statute for each offense. This type of determination is ‘quite different from the resolution of issues submitted to a jury, and is one more typically and appropriately undertaken by a court.’ [Citation.]” (Black II, supra,41 Cal.4th at pp. 819-820.) In Black II, the California Supreme Court affirmed an upper term sentence where a sentencing brief and probation report listed, as an aggravating circumstance, that defendant Black’s prior convictions were “numerous or of increasing seriousness,” and the probation report provided an account of defendant’s five convictions. (Id. at p. 818 & fn. 7.)

This case is indistinguishable from Black II. As in Black II, defendant here is eligible for the upper term by virtue of his numerous prior convictions. The probation report relied upon by the sentencing court listed eight prior convictions, far more than are necessary for a finding of numerosity. (See Black II, supra, 41 Cal.4th at p. 818 [upholding numerosity finding for five convictions and citing case upholding numerosity finding for three convictions].) In pleading guilty in the trial court, defendant admitted two prior convictions, and does not deny on appeal his long record of prior convictions.1 Defendant’s only argument against the application of Black II is that the California Supreme Court’s reasoning in that case was “incorrect.” Defendant makes the argument to preserve the issue for federal review. As defendant acknowledges, we are bound by Black II. (Auto Equity Sales, Inc. v. Superior Court, supra, 57 Cal.2d at p. 455.)

Iv. disposition

We affirm the judgment and sentence.

_________________________

Sepulveda, J.

We concur:

_________________________

Ruvolo, P.J.

_________________________

Reardon, J.



1 We need not address whether aggravating facts sufficient to support defendant’s sentence were established by defendant’s admissions in entering his guilty pleas. We affirm defendant’s sentence on the independent ground that aggravating facts were established by defendant’s documented record of prior convictions, consistent with the Sixth Amendment.

California ( San Diego ) DUI / Drunk Driving defense law

The Simon Issues Touch Your Self Help: On Driving Drunk


Touch Your Self Help: On Driving Drunk
Sep 26, 2007

In his inaugural column, our resident self-improvement guru confronts the celebrity drunk driver in all of us.

Touched.

This is the word we often use to describe "crazy" people, a shortening of the colloquial "touched in the head." It’s an easy method for writing off those who are different than us: "Oh, and don’t be surprised if Jerry puts those turtles in his pants – he’s a bit touched." It makes us feel better, superior to others.

But honestly – aren’t we all a bit touched?

Take one of my clients, Mary. She’s a 28 year old paralegal, twice divorced, who compulsively clutters and cries whenever she sees a Jew. Just watching her walk down the street, gum wrappers falling from her pockets, tears rolling down her cheeks, one might be tempted to say that Mary is touched. But would you say the same thing if you knew that Mary was raised in an ultra-restrictive household where even the slightest bit of tidying up was met with a sound beating? Probably not. Would you use that same word if you knew that Mary was once abducted by space aliens? Maybe. Until you found out that those space aliens... were Jewish.

Not so touched now, huh?

The truth is that there’s something wrong with all of us; we’re all touched in a way. You, dear reader, probably think that you’re overweight, overly gay and unfit to raise children. And you’re probably right. But being as pathetic as you are doesn’t mean that you can’t heal and plan to accomplish your dreams. It starts with identifying those outside forces that have caused your defects.

It starts with touching yourself.

And I’m here to help.

***

Welcome to Touch Your Self Help. I'm Dr. Chad*.

For years, I have helped people just like you touch themselves through my lectures, writings and one-on-one sessions. My clients have ranged from world-famous celebrities to complete assholes nobody even recognizes. My patented techniques for self-advancement, such as The List and The Purchase, have inspired ordinary citizens to become captains of industry and have made thousands of children rich beyond their wildest dreams. Yet, I have remained “in touch” with myself, a humble, handsome servant to all humankind.

As this is my inaugural column for The Simon, I'm tempted to relate the details of my personal story – my years of struggle, my stunning night of revelation, and my long, hard path to redemption. I feel as if I should perhaps give an overview of my many proven self-help techniques (which I share with all who seek them and do not keep a "secret"). However, since I'm quite sure that you're just as impatient as you are fat, I've decided to jump right into a topic, as I will in every column, and let you pick up the details along the way. Who knows, you may have already picked up on something!

This week, I'd like to discuss a despicable practice in our culture, a practice known as drunk driving. Almost 18,000 people are killed every year in alcohol-related traffic accidents**, and almost every single one of these accidents is caused by a crazy celebrity. Okay, maybe not every accident, but it sure seems that way, huh? A night doesn't pass without another famous person being busted for DUI – Nick Nolte, Mel Gibson, Paris, Nicole and Lindsay – Bill Murray on a goddamned golf cart – and now Kiefer Sutherland! By the way, wouldn't it have been cool if Kiefer had secretly inserted a dart into the breathalyzer, fired it into the cop's jugular and then escaped through a manhole? Wow, look at that Jack Bauer go!

Seriously, though, I shouldn't joke. What Mr. Sutherland did was very careless and he's just lucky he didn't kill anybody. I mean, how many drinks did he have, anyway? 24?

(Sly smile.)

Okay, okay - obviously, there is an underlying problem at work whenever anybody decides to drive after imbibing intoxicating substances such as alcohol, marijuana or Air Infusions Ocean Blue Glade (with its subtle blend of natural scents, so sweet to huff). And that problem is addiction. The addiction to going places.

Where did Kiefer really need to be, anyway? Where do any of us really need to be, other than with ourselves? Think about it. All of us spend so much time in our cars every day, stuck in traffic, listening to jerks on talk radio who think they know everything. It's enough to make anybody crazy, even if they've got a nice buzz going. And all that pollution! It's a well documented fact*** that the pollution from our cars is not just warming up the globe and killing off polar bears, but is also making us very upset in our past lives. Did you know that I was once a famous Roman Orator known for his romantic poetry, and that now, because of all this pollution, I was also known for coughing? Look it up the next time you think about going for a drive in your Hummer, cocktail in hand or not.

Tell you what – why don't we all just take a moment to touch ourselves and discover why we're so eager to be somewhere else all the time. Are you ready? Good. Let's begin.

To properly touch yourself, first find a quiet place, perhaps a shower stall or closet, and relax. If this is the first time for you, know that touching yourself can be a little scary. You've got a lot of things built up inside that may be difficult to let out. If it helps, imagine that I'm there with you, touching myself. I know that I'm imagining you.

Now, find that zone in your body that feels a little uncomfortable and touch it with your mind (or whatever). Okay – think back. Who was the first person to insist that you go somewhere other than where you were? Was it Mommy, trying to get you out of the room while she vacuumed? Or maybe it was Daddy, so sick of your goddamned crying that he just didn't want to see your ugly face anymore. Whomever it was (probably Daddy), go ahead and forgive them. If there's one thing I've said over and over to my clients, it's that grownups don't know everything. The truly horrifying truth is – those grownups that you knew as a child were just as hopelessly messed up as you. But it wasn't their fault. As you'll come to learn through my writing, nothing is ever anybody's fault. Ever.

Okay. You've discovered the forces that have compelled you to go places. Now let's focus on the future – on change. As many of you know, one of the main tools I use when effecting change is The List. With The List, you can plan to accomplish almost anything, simply by writing it down. I'll discuss the details of this patented methodology in later columns. Right now, let's go ahead and put it into practice. What are some things you can do to avoid going places, and therefore avoid driving to them drunk? Already thought of some? Great, let's write them down on our list:

Things to Do Instead of Going Places

-Stay in bed.

-Don't answer phone, door, or to sound of own name.

-Make a drawing!

See, by using The List, you have now unlocked the power of intent. You may not stop going to places, but at least now you've got a written record of the fact that you were trying to stop. Say you didn't have this written record. You get in your car with a bellyful of Sierra Mist, drive off a cliff and smash yourself to pieces on the rocks below. What would people say about you? They'd say you were an irresponsible bastard, that's what. But what if they were to find your list among the remains? "God bless him," they would then say. "He was trying to stop going places, but going places just got the better of him. Or her, if it's a woman reading this column and imagining herself in this hypothetical situation."

Wow. See? Just by using my simple methods, you've already risen in the estimation of your peers. It's almost like you're a celebrity yourself! Way to go!

Well, I hope you've enjoyed touching yourself with me, and I hope we've all learned a thing or two about drunk driving (reminder – it's bad). Take care of yourself, and please be sure to check back in with me next time – it can only get better. I don't mean this column, of course – I mean your shitty life.

***

*Title self-granted.

**Sadly true.

***Actually documented only here, and not very well.

San Diego DUI criminal defense attorney - DMV news

September 26, 207

SPRINGFIELD — The state should have an easier time suspending the licenses of drunken drivers under legislation signed Tuesday by Gov. Rod R. Blagojevich.

Secretary of State Jesse White said the legislation gives his office ''more weapons in the war against drunk driving.''

''This legislation sends a very strong message that driving while intoxicated is always unacceptable, '' White said in a statement issued by the governor's office.

First among several changes, Public Act 95-627 provides that, in statutory summary suspension hearings, the failure of a police officer to respond to a subpoena ''shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension.' '

The legislation, which goes into effect on July 1, 2008, provides that hearings may proceed based on police reports and other available evidence, assigned whatever probative value the hearing officer deems appropriate.

The law also amends section 6-201(a)(7) of the Illinois Vehicle Code, which provides for an automatic one-year cancelation of licenses for people convicted of drug crimes while in actual physical control of a vehicle.

The change is intended to tighten the standards for issuing a restricted driving permit. Under current law, such a permit is premised in part on whether ''the person is able to demonstrate that no alternative means of transportation is readily available.'' The new law states that petitioners ''must'' demonstrate such lack of alternate transportation.

The legislation also ends the eligibility of fourth-time drunken driving offenders to obtain restricted driving permits, and expands the range of offenders who can get restricted driving permits only if they install an ignition interlock device.

Now, convictions for involuntary manslaughter or reckless driving can count toward the two convictions that mandate an interlock device. 720 ILCS 5/9-5.

The legislation allows the secretary of state to suspend the license of anyone — without a preliminary hearing — whom the evidence shows committed perjury or filed fraudulent documents in a statutory summary suspension hearing.

The signing came one month and one day after Blagojevich signed legislation that requires breath-testing ignition interlock devices for all first-time DUI offenders. Public Act 95-400.

San Diego California DUI criminal defense attorneys find death cases the hardest to deal with at time of sentencing.

A young LA-based lady had been struck by a suspected San Diego drunk driver.

A neurosurgeon told them that Whitney Young, a student at Mesa College, had suffered massive brain injuries and that they should assume she was going to die. What the doctor couldn't tell the parents was when.

Whitney Young, 19, an aspiring teacher from Palos Verdes Estates, clung to life for four days as dozens of friends and family members flocked to her bedside.

Young died Nov. 16, hours after Eric Joseph Leeman, the man accused of causing her death, was arrested in the College Area, not far from where Young was struck.

At the end of an emotional hearing, Judge Peter C. Deddeh sentenced Leeman to 11 years in prison. Leeman pleaded guilty Aug. 23 to gross vehicular manslaughter while intoxicated and admitted he fled the site of the collision.

He could have been sent to prison for up to 15 years.

Leeman, 21, originally was charged with second-degree murder, but the charge was dropped in exchange for the guilty plea. Had he been convicted of second-degree murder, Leeman could have been sent to prison for 15 years to life.

Witnesses testified during a preliminary hearing in March that a car hit Young about 3:15 a.m. Nov. 12 as she and a group of friends crossed Montezuma Road near Rockford Drive. The car didn't stop or slow down.

Pieces of the car broke off on impact. A San Diego police officer later saw in a nearby driveway a 1997 BMW that matched the description of the one that hit Young.

Leeman, who was not taking college classes or working at the time, was arrested at his College Area home.

Witnesses testified that they had seen him drinking heavily at a party hours before the collision.

His voice cracking with emotion, Leeman apologized in court for the pain he caused Young's family. He said he initially lied to friends and family about the damage to his car “not out of self-preservation, but out of shock because I caused the death of another human being.”

California DUI lawyer update

Breath test for diabetes may be possible: study
Mon Sep 24, 2007 5:07pm EDT
Email | Print | Digg | Reprints | Single Page | Recommend (-) [-] Text [+] Featured Broker sponsored link
¥ € $ - Learn. Practice. Trade.By Julie Steenhuysen

CHICAGO (Reuters) - Diabetic children exhale higher levels of a chemical when their blood sugar is too high, U.S. researchers said on Monday, suggesting that a simple breath test could one day replace finger stick testing as a way to monitor diabetes.

Using a chemical analysis method devised for air pollution testing, researchers at the University of California, Irvine, found children with type 1 diabetes exhale much higher levels of methyl nitrates when their blood sugar is too high.

Type 1 diabetes is the most common form of diabetes in children. It occurs when the immune system goes haywire and starts attacking insulin-producing cells in the pancreas.

People with type 1 diabetes must monitor their blood sugar levels frequently using devices that pierce the skin to extract a small quantity of blood.

"It's invasive. It's painful and it can be expensive," said Dr. Pietro Galassetti, a diabetes researcher at University of California, Irvine. "What we are trying to do here is to come up with something completely noninvasive."

Galassetti said he believes it may be possible to develop a breath analysis test to monitor blood sugar.

He and colleagues tested the breath of 10 children with type 1 diabetes. They took air samples while blood sugar levels were high, and continued to take samples as blood sugar levels fell in response to insulin.

Chemists then examined these samples and found methyl nitrate was as much as 10 times higher than normal.

San Diego California DUI Criminal Defense Lawyer Info

California DRUNK DRIVING - EVIDENCE OF PARTITION RATIO

Because evidence is admissible to challenge the ultimate fact of intoxication under the generic DUI statute, and personal partition ratio evidence is relevant to that fact, we hold that a defendant may introduce otherwise admissible evidence of his personal partition ratio in defense of a generic (Vehicle Code section 23152(a)) DUI charge. But testimony about general partition ratios is irrelevant. Court erred in not allowing defendant to present evidence of personal partition ratio, but error harmless in light of strong evidence that defendant's driving was impaired.

People v. McNeal (C.A. 4th, 9/21/07, E041226) 07 C.D.O.S. 11514

San Diego DUI Criminal Defense Lawyer web update

Cops write in to complain and name names about other cops that have written them tickets.

The hypocrisy is astounding. All of the “victim” officers have a sob story about how they were in a hurry and that the other cop didn’t show them any “courtesy” by letting them go.

Their stories include gems like “I didn’t realize the speed changed from 65 to 45”, or “I was late to training”. They then nominate the cop for “Dick of the Month”. The site is http://www.copswritingcops.com/home.html .

You can search for cops from your home jurisdiction, too.

This may be helpful for San Diego Criminal Defense Attorneys.

San Diego DUI criminal defense attorneys good news

Driving while impaired and reckless driving charges against Miami Dolphins receiver Chris Chambers will be dismissed after a plea deal was reached with prosecutors.

Lawyer George Laughrun said that under terms of the deal, he will enter a guilty plea for speeding on Chambers' behalf in a hearing Wednesday. Chambers will not have to appear in court, meaning he will be available to practice with the Dolphins as scheduled.

A call placed to Mecklenburg County Assistant District Attorney Bruce Lillie was not immediately returned.

Chambers was arrested July 14 after being pulled over several miles south of downtown Charlotte. Chambers was charged with DWI despite a blood-alcohol level of .06 per cent, below the legal limit of .08 per cent. The police report said Chambers failed field sobriety tests.

Laughrun claimed Chambers misunderstood the officer's instructions on what number to stop on when counting backward.

"He didn't miss a number and wasn't slurring his words," Laughrun said. "He was very co-operative."

Chambers, Miami's top receiver, has 21 catches for 302 yards through three games, but has been held without a touchdown in the Dolphins' 0-3 start.

Chambers, who made the Pro Bowl in 2005, was the third Dolphin to face charges since the end of last season. Defensive tackle Fred Evans was waived after being charged with multiple counts of battery on a law enforcement officer following an incident on South Beach. Linebacker Joey Porter was charged with misdemeanour battery in March after being accused of punching Cincinnati Bengals offensive lineman Levi Jones after an incident in Las Vegas.

San Diego DUI criminal defense lawyers news

A former state attorney accused of driving drunk before a crash that killed another driver will go on trial in February.

Judge Grant Hawkins set Terry Record's trial for Feb. 25 during a hearing this morning in Marion Superior Court. After the May 6 death of Jimmy R. Cash, 46, Record was charged with two felony counts of operating a vehicle while intoxicated, causing death, and one count of reckless homicide.
A group of Cash's family members attended today's hearing. Outside court, they said they were waiting for justice to be served and were hopeful now that a trial had been set.
"We feel that it's been long enough," said Chet Seidensticker, Cash's stepson. Cash's wife, Terry, nodded.
The judge asked the prosecutor and Record's attorney to stick to the trial date.
Record, 27, was driving his car 60 mph when he ran a red light at Southeastern Avenue and Pleasant Run Parkway and plowed into the side of Cash's Ford pickup, nearly splitting it in two, police said. Record had been drinking at a strip club a mile away, and police said his blood-alcohol content measured between 0.15 and 0.17, about twice the level at which Indiana drivers are considered drunk.
Record is on home detention while he awaits his trial. If convicted of the most serious charge, he could face six to 20 years in prison. After the crash, the Indiana State Department of Health fired Record from his job as a staff attorney.

California DUI criminal defense lawyers should all help Jack.

There's nothing Jack Bauer can't handle.

Kiefer Sutherland, on the other hand, the 24 star, was arrested on misdemeanor California DUI / driving under the influence in the early morning hours Tuesday, after allegedly failing a field sobriety test, the Los Angeles Police Department said.

Sutherland was stopped at the corner of La Cienega and Beverly at 1:35 a.m. after officers spotted the Emmy winner allegedly making an illegal U-turn. After making the stop, the officers made the actor do a field sobriety test, which he failed.

According to police, a field sobriety test was administered at the scene, clocking Sutherland's blood-alcohol level over the 0.08 percent legal limit for the state of California. The Breathalyzer allegedly revealed the 40-year-old's blood-alcohol level to be more than twice the legal limit.

Earlier in the night, the actor, along with fellow network talent, was spotted at the Fox Fall Eco-Casino party, held at the nearby Area nightclub.

LAPD officers arrested Sutherland at the scene and transported him to the Hollywood police station, where he was formally booked on the misdemeanor California DUI charges at 4:09 a.m.

He was ultimately released at 5:42 a.m. after posting $25,000 bail, according to the L.A. County Sheriff's Deparment Website. TMZ reported that authorities deemed Sutherland "cooperative and mellow" during the encounter.

The arrest marks Sutherland's second DUI bust in the past five years. He was also busted in September 2004 and pleaded no contest to the charge. He was sentenced to 60 months' probation and 50 hours of community service. As he is now a repeat offender, if he's convicted on his current charge, he must serve a mandatory minimum of five days in jail.

The actor is due in court on Oct. 16.

Meanwhile, despite its inauspicious beginning, the day won't be a complete washout for Sutherland.

The Canadian-born thesp is set to receive the Excellence Award from the Alliance of Canadian Cinema, Television and Radio Artists in an afternoon reception scheduled to take place at the Los Angeles home of the Consul General of Canada, Alain Dudoit. The prestigious honor is doled out only every two years to an ACTRA member working in L.A.

24 returns to the Fox schedule in January.

San Diego California drunk driving criminal defense attorney news

Former heavyweight champion Mike Tyson pleaded guilty Monday to charges of drug possession and DUI / driving under the influence stemming from a traffic stop last year as he was leaving a nightclub.

The terms of Mike Tyson's plea agreement, entered Monday in an Arizona court, included the dropping of a felony charge of possession of drug paraphernalia and a second misdemeanor DUI charge.

In a hushed voice, Tyson, 41, told Maricopa County Superior Court Judge Helene F. Abrams that he was under the influence of alcohol and cocaine when officers stopped him for driving erratically Dec. 29 in Scottsdale.

"I had possession of cocaine, and I drove under the influence," he told the judge, his voice barely audible.

Tyson pleaded guilty to a single felony count of cocaine possession and a misdemeanor DUI count. A felony charge of possession of drug paraphernalia and a second misdemeanor DUI charge were dropped, according to the terms of a plea agreement.

Tyson faces a maximum of four years and three months in prison when he is sentenced Nov. 19.

The former champion walked out of the courtroom flanked by his Criminal Defense lawyers and got into a black SUV. He did not stop to answer questions.

DUI Criminal Defense lawyer David Chesnoff said Tyson has been clean and sober for eight months and has been talking to community groups about his own drug problems.

"It's obvious this was a crime he was committing against himself," his Drunk Driving Criminal Defense Attorney said.

Police stopped Tyson after the boxer had spent the evening at Scottsdale's Pussycat Lounge. An officer said he saw Tyson wiping a white substance off the dashboard of his black BMW, and that his speech was slurred. Authorities found bags of cocaine in Tyson's pocket and in his car.

Tyson told officers later that he used cocaine "whenever I can get my hands on it," and that he preferred to smoke it in Marlboro cigarettes with the tobacco pulled out.

According to a court document, Tyson admitted to being an addict.

Tyson also told police that he used marijuana that day and was taking the antidepressant Zoloft.

Since his arrest, Tyson checked himself into an inpatient treatment program for what his lawyer called "various addictions." Tyson's DUI criminal defense lawyer had said previously that he'd try to keep the boxer out of prison.

"You never know," Tyson's DUI criminal defense attorney said. "If there had been more people interested in his well-being and health along the way, we wouldn't be here now."

County Attorney Andrew Thomas said Tyson should be put in prison, noting that Tyson was convicted of rape in Indiana in 1992 and pleaded no contest to misdemeanor assault charges in Maryland in 1999.

"Mike Tyson is a repeat offender with a violent past," Thomas said during a news conference. "I believe only a prison sentence will send the right message and properly protect the public."

In 1986, Tyson became the youngest heavyweight champion in history when, at 20, he knocked out Trevor Berbick. He lost his title four years later when he was knocked out by James "Buster" Douglas. By 1997, Tyson's career hit a low point when he bit Evander Holyfield's ear during a fight.

San Diego California DUI criminal defense attorney news

A man accused of driving drunk and leaving the scene of a freeway crash that killed his 9-year-old son agreed Monday to waive his right to a probable cause hearing and go straight to trial.

Marcos Sanchez Munoz, 33, is charged with gross vehicular manslaughter while intoxicated, hit-and-run causing death, child endangerment, leaving the scene where a death occurred, two counts of driving under the influence and misdemeanor charges of driving with a suspended license and driving without insurance.

His cousin, Raul Munoz Sanchez, also waived his right to a preliminary hearing and stipulated to a trial date of Dec. 3.

A readiness conference was scheduled for Nov. 13.

Raul Munoz Sanchez is charged with being an accessory after the fact and misdemeanor charges of driving under the influence with a prior conviction, giving false information to a police officer, obstructing an officer and driving without a license.

Deputy District Attorney Melissa Vasel told a judge this summer that Marcos Sanchez Munoz was under the influence about 1:40 a.m. on July 14 when he plowed into a stationary car on the shoulder of westbound Interstate 8 near Texas Street.

A witness saw a man running from the scene, but the defendant did not call 911, Vasel said.

Officers patrolling the area came upon the crash site and found Alex Munoz -- a third-grader at Linda Vista Elementary -- dead in the front passenger seat, the prosecutor said.

Police saw a white pickup truck circling a restaurant parking lot, Vasel said.

When officers arrived in the defendant's neighborhood, the driver of the white truck accelerated and went down an alley, the prosecutor said.

At that point, the truck was being driven by Raul Munoz Sanchez, whose blood-alcohol level was 0.19 percent when he was arrested, Vasel said.

Marcos Sanchez Munoz, the front-seat passenger in the truck, had a blood-alcohol level of 0.11 percent three hours after the fatal crash, the prosecutor said. He faces up to 15 years in state prison if convicted, and his cousin faces up to three years behind bars if convicted, Vasel said.

California drunk driving criminal defense attorney news


COTATI, Calif.—A Cotati man is facing up to four years in state prison after being convicted of California DUI for the ninth time, authorities said.
Malcom Osgood McCoy, 61, had a blood-alcohol level of 0.31 percent—nearly three times the legal limit for driving—during his latest arrest, said Barry McBride, a Sonoma County deputy district attorney.

McCoy was already inebriated when a witness spotted him buying more alcohol from a market, McBride said. The witness urged McCoy not to drive, but he drove off anyway, and the witness followed him home.

At the time, McCoy was on parole after serving a 16-month prison sentence for two prior drunken-driving convictions. He did not have a driver's license and was not allowed to drink alcohol.

California Highway Patrol officers found McCoy passed out inside the house, and had the witness place McCoy under citizen's arrest because he had seen McCoy behind the wheel.

A jury on Friday convicted McCoy of drunken driving for the incident, his ninth drunken driving conviction since 1986, prosecutors said.

District Attorney Stephan Passalacqua said the verdict "sends a message to all impaired motorists that their actions will not be tolerated by this community."

———

California Drunk Driving criminal defense lawyer / California DUI attorney news

A California Highway Patrol officer who lost both legs in a traffic accident last year is returning to work on “bionic legs” after proving his fitness with tests such as running the 100-yard dash in 20 seconds.

“I probably still could outrun four or five guys in my office, even on these legs,” Officer Mike Remmel joked Wednesday after demonstrating his new protheses at the CHP training academy in West Sacramento.

Remmel, 47, is the first double amputee ever to be cleared for field duty after passing the CHP's 14 difficult “critical tasks” test using what officers call his “bionic legs,” said CHP spokesman Tom Marshall.
Besides sprinting the length of a football field, new cadets and veterans returning from injuries must run 550 meters in two minutes, climb a steep hill, drag a weight and complete several agility tests.

Remmel spent more than a year in rehabilitation and training before passing the last test and getting his doctor's clearance Aug. 10, exactly 19 months after he lost his legs. He quietly returned to work four days later. CHP brass recruited him to give a motivational talk to cadets Wednesday and invited the media.

Remmel was completing a traffic accident investigation just after dusk Jan. 10, 2006, alongside Highway 49 in the Sierra Nevada foothills near his hometown of Sonora. A confused 80-year-old driver struck him at 45 mph, sending him flying 23 feet over a tow truck.

He lost his left leg above the knee, his right leg below the knee. Tow truck drivers used tourniquets to keep him alive until he could be flown by helicopter to a hospital.

Three days later, Remmel came out of sedation after a near constant series of surgeries. He almost immediately began telling the CHP officers crowding around his bed that he would one day rejoin them on patrol.

“I'm setting my goal to return to the field, to field duty,” Remmel recalls saying. “No one believed me then.”

He learned to use a $40,000 computerized leg that can gauge his stride and react accordingly – technology recently developed largely for wounded soldiers returning from Iraq. A $10,000 carbon fiber leg fills the spit-and-polish black uniform shoe on his right leg.

To pass the CHP's running tests, Remmel used a $30,000 pair of lighter, springier metal legs. He's run the 100 yards in 17.2 seconds – 18.6 seconds when he's wearing his bulletproof vest and gun belt.

“When I first started doing this, I was falling every 10 yards or so,” Remmel said in an interview. Now he is so fast that he is considering competing in sports events for athletes with disabilities.

Remmel is two inches shorter now than his original six feet. Though he asked his prosthetists to make him an extra inch taller, they opted instead for a lower center of gravity.

Using his computerized legs, Remmel played golf again for the first time Monday – and shot a better score than before the accident. In June, he kayaked five miles up a lake, then hiked the last mile to one of the prime Sierra fishing lakes where he and his buddies used to backpack before he lost his legs.

“I needed my old life to come back as much as possible,” Remmel said of his internal motivation. “I needed to know that nothing 'ended' – and so far it hasn't.”

With 20 years in the CHP, Remmel could have retired on disability. But he said his experiences as an officer helped drive his determination to put on the uniform again.

“I've watched people's lives change in a moment through no fault of their own,” Remmel said. “It was just my turn.”

Remmel never sued the driver who hit him, although she was cited and lost her license.

“Money's fine. But I needed to feel like I was doing something with what I had after the accident,” Remmel said. To sue, “you'd have to ask what's a leg worth? And I couldn't come up with an answer.”

San Diego California DUI criminal defense attorney news

Prosecutors on Friday filed misdemeanor drunk driving charges against a top-ranking Los Angeles County sheriff's executive who was arrested on suspicion of a Caliofrnia DUI or driving his county-issued car while intoxicated.

Division Chief Michael Aranda, 62, who has served nearly 40 years with the department, was arrested June 12 after a late-night traffic stop on the 14 Freeway near Acton.

As chief of the department's Technical Services Division, Aranda supervised the crime lab and computer systems.

Sheriff Lee Baca placed Aranda on paid administrative leave two weeks ago after learning that the state Department of Motor Vehicles had suspended Aranda's driver's license.

Aranda has since agreed to resign from the department. He will remain on paid leave until his employment ends Oct. 16, said sheriff's spokesman Steve Whitmore.

A 911 call started a chain of events that led to Aranda's arrest, officials said.

California Highway Patrol officers started looking for Aranda's county-issued car, a black 2007 Chevrolet Impala, after someone called the emergency line and reported that the car was being driven erratically.

Officers stopped Aranda near Crown Valley Road and arrested him because he appeared to be intoxicated, a CHP spokesman said.

Aranda was off-duty at the time of the arrest. Like dozens of other sheriff's executives, he had been issued a county car to drive to and from work.

The CHP, Sheriff's Department and district attorney's office all refused to disclose the results of a test of Aranda's blood-alcohol content.

The decision about whether to file charges against Aranda took more than three months.

Aranda is scheduled to appear for arraignment Oct. 10 at the Newhall courthouse, said Sandi Gibbons, a district attorney spokeswoman.

California DUI criminal defense attorney news

Pleasanton police and the California Highway Patrol will conduct separate DUI checkpoints late Saturday and early Sunday.

The checkpoints will be conducted on roads with established DUI problems. Agencies publicize checkpoint plans in advance to deter motorists from driving after drinking.

Besides arresting impaired drivers, officers also will check motorists' driver's licenses.

The Pleasanton checkpoint will be from 8 p.m. Saturday until 2 a.m. Sunday and is funded by a grant from the state Office of Traffic Safety.

The CHP checkpoint will be from 5 p.m. to 10 p.m. Saturday in south Livermore.

San Diego DUI criminal defense attorney news

September 19, 2007

SAN DIEGO: A man accused of San Diego DUI / drunk driving and causing a traffic collision that killed a 76-year-old woman pleaded not guilty yesterday to murder and other charges.

John Joseph Taskey Jr., 45, also is charged with gross vehicular manslaughter and felony driving under the influence in connection with the Sept. 13 crash that fatally injured Rosa A. Degerman of San Diego.

San Diego Superior Court Judge David Szumowski set Taskey's bail at $1 million and appointed the Public Defender's Office to represent him. If convicted of the charges, he could be sentenced to 15 years to life in prison.

Prosecutors said Degerman was riding in a car with family members on westbound Interstate 8 when it was allegedly rear-ended by a pickup near West Mission Bay Drive shortly after 6:30 p.m.

An 11-year-old girl's shoulder was broken in the crash. Degerman died at a hospital the next morning.

Deputy District Attorney David Grapilon told the judge that Taskey has had five previous DUI convictions in the past decade. He was on parole from the last conviction when the collision occurred.

California DUI criminal defense lawyers rarely have to deal with such a person.

Police say man arrested for eighth DUI

September 19, 2007

A man awaiting sentencing on a previous driving-under-the-influence charge was arrested on his eighth DUI charge Tuesday in Tortugas, Doña Ana County sheriff's deputies said.

Deputies were on a separate call when a white Ford -150 pulled into a driveway in the 3500 block of Paroquia Street. The driver David Torres, 48, of the 3400 block of South Highway 28, went up to shake the hand of a deputy, who was his former probation officer.

Deputies noticed Torres had slurred speech, bloodshot eyes and smelled of alcohol. Torres allegedly failed a field sobriety test and had a revoked driver's license.

Deputies said Torres' drunken-driving arrest record dates to 1986 in El Paso.

California DUI criminal defense lawyers represent politicians.

A Sebastopol councilwoman is fighting her DUI arrest in May, claiming her Fourth Amendment rights were violated.

Andy Martinez, attorney for Linda Ruta Kelley, says the Sonoma County Sheriff's Department's and California Highway Patrol's prolonged detention to conduct a general investigation violated Kelley's right to privacy and her freedom from government search and seizure.

Martinez is asking for a suppression of evidence. A hearing in Sonoma County Court is scheduled Oct. 11.

Kelley's Chevrolet pickup was pulled over by a sheriff's deputy at 2:15 a.m. on May 20 on Main Street in Guerneville. The deputy and a responding CHP officer smelled alcohol in the truck and on Kelley's breath. Kelley admitted to having three drinks, according to court papers.

The deputy said Kelley, 53, was driving 10 mph in a 25 mph zone and her registration had expired the month before. The deputy also said her license plate was obscured. The CHP officer noted Kelley's eyes were red and watery and her speech was slurred.

Kelley did not perform field sobriety tests and she was arrested and taken to the Sonoma County Jail where two breath tests revealed a blood alcohol level of 0.09 percent. Driving with a blood alcohol level of 0.08 percent or higher is illegal in California. Kelley faces two misdemeanor drunken driving charges.

Martinez claims it is unclear what vehicle code violation Kelley was stopped for because she was not cited for having an expired registration and there is no indication the deputy investigated that further. There also is no mention of an obscured license plate in the deputy's report, Martinez claims.

The stop and detention should have been no more than a cite and release, Martinez states in his motion to suppress the DUI evidence, including Kelley's statements to the deputy and CHP officer.

The Sonoma County District Attorney's Office also is investigating allegations Kelley caused vandalism to a truck parked near her home by scratching it with a key in August. Kelley was re-elected to the council last year.

A Chicago Kent College of Law Professor is featured in this non-DUI case.

LAS VEGAS

In a scene of legal deja vu, a grayer, heavier O.J. Simpson stood handcuffed in court Wednesday to face charges that could put him behind bars for life. And there is no Johnny Cochran around to save him this time.

The prosecutor who failed to get him a dozen years ago was there to watch, and news cameras tracked his every move as if they were covering a slow-speed chase.

But as Simpson made his $125,000 bail on charges including kidnapping and armed robbery, legal experts were questioning: Could a former football star who beat a double-murder rap really do hard time for a crime that sounds like a bad movie?

Police have laid out a case that makes Simpson the leader in an armed holdup of sports memorabilia collectors, and they arrested a fifth suspect in the case Wednesday. Some of the facts — including a curious recording of the confrontation — don't seem so clear-cut.

Legal experts say that issues such as who had rightful ownership of the goods and the reputation of witnesses in the sometimes less-than-reputable world of memorabilia trading could cloud the prosecution's case.

Simpson has insisted he was merely retrieving items that were stolen from him earlier.

Alfred Beardsley, one of the collectors who says he was robbed at gunpoint by Simpson and several other men, told NBC's "Today" show before Simpson's hearing that he didn't think an audiotape made at the scene was accurate. Beardsley was arrested on a parole violation Wednesday.

The other victim, Bruce Fromong, was recovering from a heart attack in a Los Angeles hospital. The man who arranged the meeting between Simpson and the two collectors, Tom Riccio, has a criminal record.

"The credibility of the cohorts in the enterprise would be a key issue at trial," said University of Southern California law professor Jody Armour.

Agreed, said Dennis Turner, a professor at the University of Dayton School of Law. "This is a pretty shady world and pretty shady characters dealing with each other in a pretty shady way."

A key difference with the 1995 murder trial is that there are plenty of witnesses this time who place Simpson at the scene, including hotel video surveillance. Simpson has made no secret he went to the hotel room intending to take the memorabilia and told The Associated Press that a man who came with him brought a truck to cart away the goods.

"It's not like the murder case involving his ex-wife and Ron Goldman, where Simpson had a completely different story in which he said, 'I wasn't there,'" said Doug Godfrey, a professor at the Chicago-Kent College of Law. "A prosecutor only has to show intent. And the intent is, 'Were you acting in concert with someone with a gun to take property from someone?' If you were, you're guilty of armed robbery."

Simpson attorney Yale Galanter said: "You can't rob something that is yours."

Simpson furrowed his brow as the judge read the list of charges against him. Gone was the slight smirk he flashed when he was arrested.

He answered quietly in a hoarse voice and nodded as the judge laid out restrictions for his release, including surrendering his passport to his attorney and having no contact with co-defendants or potential witnesses.

Simpson did not enter a plea.

Galanter said after the hearing that the $125,000 bond was reasonable.

The oddity of the case has attracted a swarm of reporters, including Marcia Clark, who unsuccessfully prosecuted Simpson for the 1994 murders and was reporting for "Entertainment Tonight." A helicopter television crew followed Simpson's vehicle leaving the court, strangely reminiscent of the slow-speed chase in which he once fled police in a white Ford Bronco.

Simpson, 60, flew home to Miami later Wednesday in a spectacle just as surreal. US Airways emptied a plane so he could board first with Galanter and his girlfriend, Christine Prody.

Simpson sat in seat 6D, an aisle seat in economy class. Passengers who boarded behind him took pictures with cell phones and cameras. He nodded and smiled as they passed.

Simpson was arrested Sunday after a collector reported a group of armed men charged into a hotel room at the Palace Station casino and took several items.

The Heisman Trophy winner spent three nights in jail after being charged with kidnapping, robbery with use of a deadly weapon, burglary while in possession of a deadly weapon, coercion with use of a deadly weapon, assault with a deadly weapon, conspiracy to commit kidnapping, conspiracy to commit robbery and conspiracy to commit a crime.

Four other men have been arrested on many of the same charges, and police were still looking for another suspect.

Charles Howard Cashmore, 40, surrendered to police Wednesday and was scheduled to appear in court Thursday morning. Cashmore brought in items that are believed to have been taken, police said without elaborating.

Authorities allege that the men went to the room Sept. 13 on the pretext of brokering a deal with two longtime collectors, Beardsley and Fromong. According to police reports, the collectors were ordered at gunpoint to hand over several items valued at as much as $100,000, including football game balls signed by Simpson, Joe Montana lithographs, baseballs autographed by Pete Rose and Duke Snider and framed awards and plaques.

Beardsley told police he expected that night that the collection would earn $35,000 from the "client" he had never met.

Beardsley told police that one of the men with Simpson brandished a pistol, frisked him and impersonated a police officer, and that another man pointed a gun at Fromong.

Authorities said Beardsley, of Burbank, Calif., was paroled in March 2006 after serving 11 months of a two-year sentence for stalking a woman in Riverside County.

He was arrested at his room at the Luxor hotel Wednesday for violating parole. A California corrections spokesman said Beardsley was required to get written approval before traveling more than 50 miles from home or leaving home for more than 24 hours.

Beardsley was held without bail pending an extradition hearing Thursday.

Court records show Riccio also has a criminal history, including grand larceny in Florida in 1984, when he received three years of probation; and felony arson in 1995, in California, for which he was sentenced to two years.

Riccio has said he was not concerned with how his past might affect his credibility "because everything's on tape. That's why it's on tape."

He also said he had been promised some form of immunity by prosecutors.

Two other defendants, Walter Alexander, 46, and Clarence Stewart, 53, were arrested and released pending court appearances. Stewart turned in some of the missing goods and Alexander agreed to cooperate with prosecutors, authorities said. Suspect Michael McClinton, 49, of Las Vegas, surrendered to police Tuesday. Jailers were unable to say whether Cashmore or McClinton had retained a lawyer.

Police have not identified the remaining suspect they are seeking.

Armour said if the other suspects who have been arrested turn on Simpson in exchange for lighter sentences, it could help the prosecution, but also damage their credibility. Allegations of a setup could also cast doubt on the testimony of the memorabilia dealers, he said.

"But at the end of the day, that may not matter as much as whether they think he (Simpson) deserves some punishment for something," Armour said.

California DUI defense lawyer news

Police departments win honors

The Fresno and Clovis police departments were honored recently during the California Law Enforcement Challenge in San Diego.

The Fresno traffic enforcement bureau won the Chief's Challenge for the fifth consecutive year.

The bureau was recognized for its traffic safety program, and also won first-place honors for the best DUI program in California. Those efforts are credited with reducing traffic fatalities in the city.

The Fresno department competes against other agencies that employ 500 to 1,000 officers.

Clovis received a second place award for its efforts to reduce speed, improve traffic safety and reduce the number of impaired drivers.

The agency also took second place for its "AVOID the 17" multiagency DUI campaign, which involved 17 local agencies in a coordinated crackdown.

DWI criminal defense lawyer news

An Arkansas State Organization launched a statewide law enforcement recognition program honoring officers from across the state for exemplary service in drunk driving enforcement during the past year.

The awards were presented Monday at the Governor’s Mansion Great Hall and consisted of a participating agency award, a certificate and commemorative pin for officers suitable for uniform wear. Mothers Against Drunk Driving staff and volunteers presented the awards.

The award has been developed in cooperation with the Arkansas State Police Highway Safety Office as an annual recognition of committed law enforcement officers who help keep roads safe from alcohol-impaired drivers. The commemorative pins have the Omnibus DWI Code 5-65-103 representing the statute used for citing offenders with drunk driving charges.

When officers are committed to keeping impaired drivers off the roadways, communities are safer and the public reaps the benefit of their hard work, said Teresa Belew, executive director for MADD Arkansas “We are pleased to recognize officers and agencies across the state for their good work.”

The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. For more information about MADD, visit www.madd.org.



Charles Leech, who accepted an award, is formerly of Stuttgart.

“He was the top officer for his agency and is a participant in a new program that provides uniform pins to officers to wear to signify the DWI arrests they have given over a years time,” Belew said.

This is the first year MADD has done the program and Leech is the first recipient for Craighead County.

“He was also selected to go to the national conference in St. Louis,” she said. “He is recognized as a leader among law enforcement and Craighead County makes a statement for their commitment to support their deputies aggressiveness in DWI enforcement in their community.”

SAN DIEGO DUI criminal defense attorney news

A man pleaded not guilty on Tuesday to charges that he killed a woman in a San Diego DUI /California DUI-related collision this past week.

John Joseph Taskey is accused of San Diego DUI / driving under the influence and rear-ending a family on westbound Interstate 8 last Thursday.

The family was traveling in a caravan of two cars, with three passengers in the car that was hit. All three passengers were injured, including a 76-year-old grandmother, who later died.

"Mr. Taskey is charged with murder and vehicular manslaughter gross with injuries and with priors, he is looking at a potential maximum of 15 years to life on the murder charges," said Deputy District Attorney David Grapilon.

Taskey has five prior San Diego DUI or DUI convictions. He went to prison for his last San Diego DUI or a DUI and was on parole at the time of the accident. His bail is set at $1 million.

California DUI defense attorney news

Michael Dimitras, the 20-year-old man who killed two former high school classmates in a California DUI / drunk driving crash, was sentenced to just over six years in prison Tuesday, a term called inadequate by the victims' families.

A probation report had recommended Dimitras be sentenced to seven years and four months, a term prosecutors agreed with. Sacramento Superior Court Judge Gary Ransom handed down the sentence of six years and four months in exchange for Dimitras' guilty plea to California DUI.

The sentencing followed 90 minutes of emotional statements by the families of 18-year-old Kendall Lui and 19-year-old Brian Haight.

The two were killed July 4, 2006, in the crash that followed a rafting trip with fellow Bella Vista High School graduates. Dimitras, who was the group's designated driver, had a blood-alcohol content of 0.09 percent when he crashed his sport-utility vehicle into a pole along Folsom Boulevard.

The victims' families said they thought Dimitras should have faced more serious charges and questioned why he was given a shorter prison term than those who commit less serious crimes.

"Brian's only weakness was trusting the wrong people," Haight's father, Douglas, said. "And he trusted Michael Dimitras to drive him home safely."

Dimitras swiveled in his chair as several of the victims' loved ones spoke.

Lui's sister, Jordan, said Dimitras had "single-handedly ruined the lives of two families" and that she was "sickened by the lack of remorse by Michael Dimitras and his family."

While accepting the California DUI plea deal, Dimitras said he was "truly remorseful" for the crash.

"What I did was so terrible that I don't know what I can do to possibly make up for it," Dimitras said, speaking slowly and turning to face a packed courtroom.

San Diego drunk driving criminal defense lawyers should warn clients not to run from or fight San Diego DUI police officers.

SAN DIEGO DUI news

San Diego Police officer got his nose broken in a fight with an alleged San Diego DUI driver trying to evade arrest for speeding.

A San Diego Harbor Police officer noticed a Jeep speeding southbound on Pacific Highway Monday.

The officer watched the Jeep come to a stop at Ash Street, then make a left turn onto Ash Street, allegedly running the red light.

The officer then attempted to stop the Jeep. A high-speed chase ensued through Mission Hills and Old Town, reaching speeds of 60 mph.

The pursuit ended when the suspect made a U-turn on Harney Street and collided with the pursuing cruiser. The suspect resisted arrest and during the struggle caused the injury to a San Diego Police Department officer who assisted with the San Diego DUI stop.

The driver was identified as 45-year-old Michael Hudon of San Diego. He was booked into the San Diego Central Jail Tuesday on suspicion of evasion, San Diego DUI and battery of a police officer.

San Diego California DUI defense attorneys hear about DUI checkpoints. This is different.

Alcohol surveys spur complaints

A motorist who was stopped wants a halt to voluntary testing that is so "persistent" it feels like a DUI checkpoint.

Roberto Sequeira says he was traveling northbound on Hwy. 119 in Gilpin County with his family one night recently and was stopped at a traffic checkpoint by a research group saying they were attempting to collect data on drugs and alcohol and asked if they could breathylize him. Posing for a portrait in his car in Boulder on Monday, Sept. 17, 2007, Sequeira says he repeatedly asked if they were law enforcement officials and said he was not interested in participating in the study, but was not given clearance to leave.

The Gilpin County Sheriff's Office was apologizing Monday after a weekend effort to help a research group led to complaints about what appeared to be a DUI checkpoint - but wasn't.

Sheriff's officials who participated in the stops now acknowledge that the nonprofit organization requesting voluntary DUI and drug tests from drivers was overly persistent, according to complaints.

"It was like a telemarketer that you couldn't hang up on," said Gilpin County Undersheriff John Bayne.

Sgt. Bob Enney said deputies assisted the Pacific Institute for Research and Evaluation in stopping motorists at five sites along Colorado 119 for surveys on any drug and alcohol use. Surveyors then asked the motorists to voluntarily submit to tests of their breath, blood and saliva. At least 200 drivers were tested, Enney said. About five motorists later complained, he said.

Roberto Sequeira, 51, said he and his wife, Terry, were detained for 15 minutes Friday evening despite their protestations that they needed to get their sleepy 10-year-old child back to their home in Nederland .

He said they had to deal with two Pacific Institute researchers. After Sequeira's repeated refusals, the officials offered his wife, who was driving, $100 in an attempt to get the couple to participate in a DUI breath test.

"I think it's very dangerous," said Sequeira, a Boulder radio personality on Latino issues. "Sometimes at checkpoints, unfortunate things happen. I don't think they're authorized to do what they're doing, and I view it as a gross violation of law-enforcement protocol."

The research is part of a nationwide study partly financed by the National Highway Traffic Safety Administration.

Pacific Institute officials defended the initiative. They said the collection of vital statistics measuring, over time, the number of people driving under the influence helps gauge the impact of laws and enforcement policy changes.

The survey, which began in July and will continue in other locations through November, is conducted every 10 years.

"We've been literally surveying thousands of people," said John Lacey, the director of the Alcohol, Policy and Safety Research Center in Calverton , Md. , through which Pacific Institute conducted its research. "So you can imagine if you stop people in the middle of the night, there will be complaints."

The survey results are anonymous and aren't shared with police, he said.

He said the researchers try to be sensitive to those not wanting to participate, but they push a small subset of those who initially refuse to reconsider - even offering incentives.

"If we don't do that, the criticism will come out that we had so many who were refusers," Lacey said.

Bayne said a similar study conducted in Gilpin County 2 1/2 years ago by the same researchers resulted in no complaints. But he added that last weekend's effort was more aggressive.

"The people were too persistent," Bayne said. "Some people didn't feel it was voluntary."

Cathryn Hazouri, executive director of the American Civil Liberties Union of Colorado, said the participation of sheriff's officials and the blue jumpsuits worn by the survey team may have confused some of those who were stopped. But she said the fact that surveyors stressed that the DUI and drug tests were voluntary eased her concerns about the incident.

Sequeira has invited Pacific Institute officials to appear on his radio show broadcast in Boulder and Denver on KGNU community radio, 88.5 FM and 1390 AM. The show airs at 7 p.m. Tuesdays.

Recalling Friday's incident, he said Gilpin County sheriff's officials directed him to pull over on Colorado 119 about 10:45 p.m. when his family was returning from a dinner. He said neither he nor his wife had been drinking.

They were greeted by "youthful, college" surveyors dressed in jumpsuits and blue generic caps.

"We had a 10-year-old in the back who's tired, we tell them thanks but no thanks, we have to get this child back home to bed," Sequeira said.

He said a worker persisted, saying that the researchers would assist in driving the family home if they needed assistance.

When the Sequeiras again demurred, a supervisor offered them a $100 money order.

"We say, 'No, thank you, we have to get our child home,"' Sequeira recalled. "At this point, both clones start chortling at us and ridiculing us."

Sequeira plans to file a complaint at the Gilpin County courthouse seeking to force the organization to stop the roadside tests.

"I want them to cease and desist their unethical, unsafe and unqualified roadside practice," Sequeira said.

For now, Gilpin County officials don't have to decide whether they would participate with the group again. For now, the surveys in that county are completed.

SAN DIEGO California DUI criminal defense attorney news

A police officer was punched in the face late Monday night while helping to arrest a suspected San Diego drunk driver, who had to be subdued with the aid of a Taser.

The incident began about 11:15 p.m. when a Harbor Police officer tried to pull over a man driving a white Jeep whom he allegedly saw speeding down Pacific Highway and running through traffic lights, said Harbor Police Sgt. Kathleen Fabregast. The Jeep driver refused to pull over, which led to a pursuit through Mission Hills and Old Town at speeds up to 60 miles per hour.

The chase ended in a cul-de-sac on Harney Street, when the driver made a U-turn and allegedly collided nearly head-on with a Harbor Police cruiser, the sergeant said. The driver then fought with officers taking him into custody, in the process punching an officer from the San Diego police Central Division in the face.

The man was shot with the electric stun gun and finally taken into custody. He was booked into County Jail on suspicion of San Diego DUI, evading arrest and battery on a police officer.

San Diego California DUI criminal defense lawyer news

CARLSBAD California – A suspected drunken driver was arrested Monday afternoon after he was spotted speeding and driving over curbs on a busy North County road.
The 39-year-old man was driving a brand-new black Ford truck south on El Camino Real at Palomar Airport Road just before 11:30 a.m. when witnesses called police to report the man driving recklessly, police said.

Officers followed him to La Costa Avenue where he was arrested.
Police say the driver may have caused an earlier three-car accident on El Camino Real and Arenal Road.

San Diego DUI Blood Test Regulations

§1219.1. Blood Collection and Retention.

(a) Blood samples shall be collected by venipuncture from living individuals as soon as feasible after an alleged offense and only by persons authorized by Section 13354 of the Vehicle Code.

(b) Sufficient blood shall be collected to permit duplicate determinations.

(c) Alcohol or other volatile organic disinfectant shall not be used to clean the skin where a specimen is to be collected. Aqueous benzalkonium chloride (zephiran), aqueous merthiolate or other suitable aqueous disinfectant shall be used.

(d) Blood samples shall be collected using sterile, dry hypodermic needles and syringes, or using clean, dry vacuum type containers with sterile needles. Reusable equipment,if used, shall not be cleaned or kept in alcohol or other volatile organic solvent.

(e) The blood sample shall be deposited into a clean, dry container which is closed with an inert stopper.

(1) Alcohol or other volatile organic solvent shall not be used to clean the container.

(2) The blood shall be mixed with an anticoagulant and a preservative.

(f) When blood samples for forensic alcohol analysis are collected post-mortem, all practical precautions to insure an uncontaminated sample shall be employed, such as:

(1) Samples shall be obtained prior to the start of any embalming procedure. Blood samples shall not be collected from the circulatory system effluent during arterial injection of embalming fluid. Coroner's samples do not need a preservative added if stored under refrigeration.

(2) Care shall be taken to avoid contamination by alcohol from the gastrointestinal tract directly or by diffusion therefrom. The sample shall be taken from a major vein or the heart.

(g) In order to allow for analysis by the defendant, the remaining portion of the sample shall be retained for one year after the date of collection.

(1) In coroner's cases, blood samples shall be retained for at least 90 days after date of collection.

(2)Whenever a sample is requested by the defendant for analysis and a sufficient sample remains, the forensic alcohol laboratory or law enforcement agency in possession of the original sample shall continue such possession, but shall provide the defendant with a portion of the remaining sample in a clean container together with a copy or transcript of the identifying information carried on the original sample container.

Eve was recently seen wearing her California drunk driving ankle bracelet during fashion week in New York. The SCRAM ankle bracelet was similar to those worn by other celebrities.

Eve's California DUI defense attorney entered a no contest plea for her, the singing star was required to wear the SCRAM alcohol monitoring ankle bracelet for 45 days.

In addition, Eve was given 36 months of probation, required to enroll in an alcohol education program, and pay about $1,400 in fines, damages and penalties.

Eve was arrested back in April for suspicion of California DUI after she wrecked her gold sports car on Hollywood Boulevard.

California drunk driving criminal defense attorney news

Soap Star Pleads Not Guilty in DUI Case

September 17th 2007

Sean Kanan, a former "General Hospital" cast member and "Karate Kid III" star, pleaded not guilty today to two misdemeanor California DUI charges.

Kanan was not in court today, instead pleading through his California DUI attorney. He is charged with misdemeanor counts of California driving under the influence of alcohol and/or drugs, and California driving with a blood-alcohol level of .08 percent or higher.

He is due back in court on October 22.

San Diego California DUI criminal defense attorney news

High-Protein Diet Proves Key to Defense Win in Drunk Driving Case

After failing an alcohol breath test, a Georgia man beat charges of drunk driving when his attorney argued that his .10 alcohol level was caused by a high-protein diet rather than by excessive drinking.

The novel argument was made by defense attorney William C. Head, an Atlanta attorney who specializes in drunk driving defenses.

Head says this is the first time he has used the defense at trial, so he's batting 1,000 so far. He says scientific evidence and expert testimony -- as well as the arresting police officer's honest testimony -- convinced the jury that Mark Redstrom's diet made the breath test unreliable.

The high-protein defense is based on the theory that a human body produces its own alcohol if carbohydrates are suddenly consumed after being eliminated from the diet for a prolonged time.

Experts do not yet know how much body-generated isopropyl alcohol it would take to intoxicate a person, Head says. But Georgia drunk driving law specifies that a person's level of intoxication is "from alcohol consumed."

Some other states, including Wisconsin and New Jersey , have laws that do not distinguish between alcohol consumed and alcohol generated by the body, Head says. So the defense Head used might not be as effective in those states.

The 'Designated Driver'

Redstrom, whose friends called him "Buddha," started a high-protein diet after seeing photographs of himself from Christmas 1997. In five months, he lost more than 50 pounds, slimming down to 165 pounds, Head says.

The regimen eliminates carbohydrates from the diet and boosts protein intake. Redstrom's roommate testified that Redstrom would get up every morning and set out 14 parcels of food, his allotment for the day, along with water.

The roommate's testimony and "before" pictures of Redstrom compared to his slim appearance in court established the defendant's strict compliance with the diet.

On the night Redstrom was arrested, he volunteered to be the designated driver for his friend's bachelor's party. Head says his client drank about four beers in the course of five hours at the party, held at a notorious strip club in Atlanta .

For the last two and a half hours of the party, he didn't drink at all, his attorney says. He was angry with the strip club management for not getting the groom-to-be onto the stage and just trying to sell drinks and make money.

After taking his friends home that night, Redstrom was on his way home when the police stopped him for speeding. It was 3:23 a.m. and the police officer clocked Redstrom at 58 mph in a 45-mph zone, Head says.

The officer conducted field sobriety tests. He testified that Redstrom showed almost no signs of intoxication, including no slurred speech, a normal face and a polite and cooperative manner. Redstrom told the officer he had been at a strip club with friends and had not consumed any alcohol in more than two and a half hours.

"That was a real key to this case, having a real honest officer who didn't embellish or exaggerate," Head says.

Redstrom agreed to take breath tests. The tests, with the Intoxilyzer 5000 device, registered his blood alcohol level at 0.107.

Head credited his client questionnaire with picking up the possibility that Redstrom's diet skewed the breath tests. Keeping apace with alcohol testing trends, Head knew that a Swedish doctor had found certain diets interfere with the breath tests, so the attorney included the question "Have you been on a high-protein diet?" on his questionnaire.

The Swedish doctor, A.W. Jones, reported in a forensic science journal that in hypoglycemia, a condition involving low blood sugar levels, the body creates isopropyl alcohol, which would register on a breath test, Head says.

The defense attorney called an expert who supported Dr. Jones' findings.

David Menaldino, a professor of organic chemistry from Emory University , testified that a person's body produces ketones after a long period of fasting or carbohydrate deprivation. Ketone buildup in the body can be toxic. If the person consumes carbohydrates, Dr. Menaldino testified, the body creates amino acids to break down the carbohydrates and make the ketones less toxic.

One of the byproducts of this process is isopropyl alcohol, which the body eliminates through the kidneys and lungs, according to the experts.

Although most people do not drink isopropyl alcohol, which is rubbing alcohol, the Intoxilyzer 5000 does not distinguish between isopropyl and other types of alcohol in the body, according to testimony from Mary McMurray, a defense expert on the Intoxilyzer. Ethanol is the alcohol people most commonly consume.

McMurray supported the Swedish doctor's finding that isopropyl alcohol generated by the body would affect a breath test.

The prosecutor called rebuttal witness Jim Panter from the Georgia Crime Lab. Panter refuted the contention that a high-protein diet would skew a breath test.

On cross-examination, however, Head says he asked Panter whether he kept up with the scientific literature in the field. Panter said he did. Head asked Panter to name the foremost expert in the world on breath testing, and Panter named Dr. Jones.

Then, Head says, he handed Panter the article Dr. Jones wrote about hypoglycemia and the breath test.

Panter had not read the article, and he took 12 minutes on the witness stand to read the article, Head says.

Panter testified that Dr. Jones' report was just one case and was only anecdotal evidence, but Head says Panter already had lost credibility with the jury.

San Diego DUI criminal defense lawyer Rick Mueller features the latest San Diego DUI attorney trends, plus valuable San Diego Drunk Driving Lawyer information, in a California DUI Lawyer Center Blog - http://www.SanDiegoDrunkDrivingAttorney.net/blog.html

This complete source for recent San Diego DUI arrestees explains the significance of experienced San Diego drunk driving attorneys.

The California DUI Lawyer Center Blog outlines San Diego DUI & Department of Motor Vehicle rules & possibilities.

San Diego's DUI Specialist Attorney Rick Mueller can be reached 24/7 at Rick@SanDiegoDUI.com .

San Diego California drunk driving criminal defense lawyer news

Monday, Sept. 17, 2007

Like so many holiday weekends before, the sands of Pacific Beach were packed this Labor Day. Lifeguard towers barely poked through a sea of tanned bodies and makeshift cabanas. Chic, oversized sunglasses provided more coverage than bathing suits. Sustenance came in 12-ounce cans.

At 5 p.m., as the sun was about to set on another summer in San Diego, beachgoers witnessed the possible ending of another party, too.

The Labor Day hullabaloo -- in which 15 people were arrested for their part in a frenzy that prompted San Diego police to don riot gear and close a major beachside thoroughfare -- may prove to be the tipping point in the decades-long debate over alcohol use at city beaches.

So far, the fiasco has changed the mind of at least one San Diegan, beach- and bay-area Councilman Kevin Faulconer.

He abandoned his previous tepid endorsement for beach drinking and took a firmer approach after the holiday skirmish. Faulconer decreed that alcohol should be banned all the time from all the beaches in Pacific Beach, Ocean Beach, Mission Beach and Mission Bay Park.

"Under no circumstances is it ever OK to have that environment happening," Faulconer said. "We have an obligation to protect people at the beach, and what happened on the beach was not safe."

With that change of tune, Faulconer now stands at the foot of a winding path of politics that he may have to travel for several months and, possibly, years before his proposal comes to fruition. It's a route Faulconer avoided trekking in his first 20 months in office.

"Obviously, I feel strongly about this or I wouldn't be doing it," he said.

After failing to gain consensus in his community during his short tenure on the council, Faulconer also has some convincing to do at City Hall and -- likely -- San Diego communities abroad.

While the City Council typically defers to the council member whose district would be impacted by a piece of legislation, some opposition has surfaced in the days following Faulconer's announcement.

The mayor and police chief, who would be in charge of enforcing a year-round ban, have been skeptical about the idea.

And the prospects of a liquor industry-led revolt against the ban, in which the question is sent to voters citywide, are strong. Just a few years ago, they helped kill a council-approved ban at the ballot box.

All of these obstacles stand in the way of a rule that is enforced at nearly every other beach in California.

Like free trash pick-up for single-family homes and 24-hour Mexican food, beach drinking is traditional San Diego fare. It's vociferously defended as a social freedom in the face of attacks by critics that it risks public safety.

"This is why we live in a beach area like San Diego," said Bob Glaser, a political consultant who has worked to defeat banning alcohol on the beach before. "We enjoy the beach and sometimes a cocktail."

Party Crashers

Four City Council members are in favor of a booze ban, but Mayor Jerry Sanders says he will likely veto such a law.


Scott Peters
Council President Scott Peters is on vacation, but a spokeswoman said he likely won't take a position publicly until he has more information on a proposal.

KevinFaulconer
"What happened at the beach was not safe. Under no circumstances is it ever OK to have that environment going on."

Toni Atkins
"I can see how it's nice if you're having a glass of wine quietly on the beach. But that's not what I've experienced when I've gone to check it out. Sometimes it’s a bit much."

Tony Young
"I'd like to hear some discussion about it, but I think we should be really cautious about taking away privileges at our public spaces."

Brian Maienschein
A spokesman for Councilman Brian Maienschein said the councilman has not made up his mind.

Donna Frye
"I know lots of people who I never thought in my wildest dreams would say 'Please, stop the drinking," Frye said. "They just can't stand it anymore, and that's not good for the community."

Jim Madaffer
Councilman Jim Madaffer said he will probably vote against a ban. He said he is concerned about curtailing "individual liberty" and doesn’t want to let "a few idiots" from the Labor Day fracas ruin the privilege for everyone.

Ben Hueso
Councilman Ben Hueso said he has "always supported it," but that he "will keep an open mind" on a ban.

But for all of their failures to ban beach drinking as local governments up the California coast started outlawing booze from their shores in the 1970s, ban supporters have remained steadfast. They're hoping the scenes of flying beer cans and rowdy chants that played out on national news programs and YouTube are advertising they need to prove their point.

"What happened Labor Day was just a concentrated example of the effects of alcohol year-round," said Scott Chipman, a small business owner who has lived in Pacific Beach for 34 years.

Chipman is a spokesman for a group known as Save Pacific Beach, a grassroots organization that has pressured Faulconer and his predecessors to impose a ban. The groups has also complained about the heavy concentration of bars and liquor stores in Pacific Beach and helped defeat a 2006 proposal to site a detox center there.

But Faulconer's constituents are far from united, as an equally organized and savvy group known as FreePB.org has mobilized the community to keep beach drinking legal.

The two sides squared off at forums Faulconer held in the beach communities this year. The councilman allowed a task force to endorse a number of recommendations about alcohol at the beach. Those included calls for more trash cans at the beach and for all Northern Division police cars to include drunk-driving test kits. However, Faulconer stopped short of taking a stand on a ban.

A ban was also tiptoed around by Faulconer and many of his competitors in the 2005 election, when politicos sensed the divided District 2 would be easier to pacify with nuanced proposals, such as a trial ban or further study.

But after Labor Day, Faulconer said he is ready to take a hard line against a party culture in the beach area. In addition to a ban, he wants to impose in his district a program used in neighborhoods near San Diego State University that fines landlords and tenants of party houses.

With a split constituency in tow, Faulconer will have to maneuver City Hall and possibly the San Diego electorate.

To pass a legislative ban, Faulconer will need four other council members to join him.

Recent interviews show three of his colleagues -- Council members Toni Atkins, Donna Frye and Ben Hueso -- in support of a ban. Two -- Councilmen Tony Young and Jim Madaffer -- said they are reluctant to support it, saying they don't want to take away a privilege out of reaction to the Labor Day fracas. Council President Scott Peters and Councilman Brian Maienschein are undecided, spokespersons said.

The council will likely vet the proposal at hearings beginning as early as next month. Front and center will be the advice of Mayor Jerry Sanders and police Chief Bill Lansdowne, who say they are disinclined to support a full-scale ban.

Lansdowne contends that banning alcohol on the beach will push daytime drinking to other areas in the city where more damage could be potentially caused.

"The group that wants to drink and party will go somewhere else," said Lansdowne, who stressed the Police Department will enforce whatever policy is approved. "On the beach there are no windows to break or fires to start. It's pretty easy to manage."

Sanders spokesman Fred Sainz said the mayor would likely veto a total ban if the council approved it.

"We think a total ban is an overreaction to a limited problem," said Sainz, who noted. "It's an aberration that can easily be taken care of."

Sanders' opinion mirrors that of other Regular Joes reluctant to endorse a full ban: The mayor likes to have a few beers at the beach, too, Sainz said.

The mayoral veto is largely symbolic, as the same five votes it takes to pass a ban could be used to override Sanders. But, despite its limited power, the mayor has seen his veto stick in two instances -- against budget earmark to fund a homeless shelter and a ban on big-grocers like Wal-Mart Supercenters.

Even if a ban passes muster with lawmakers, it is likely to face a challenge at the ballot box.

In 2002, after a ban on alcohol on certain beach swaths was approved by the City Council, distributors and retailers of alcoholic beverages led a referendum to narrowly defeat the ban.

Most people close to the discussion anticipate voters will be presented with a similar chance to overturn a ban, should it be approved again.

"I see the exact same thing happening as last time," local political consultant Christopher Crotty said.

Well-organized and armed with both thousand-dollar donations from the liquor industry and smaller contributions from the beneficiaries of alcohol freedom on the beach -- casual beachgoers, taco shops, pizza joints and other businesses that line the beach -- the ban was narrowly defeated, 51 percent to 49 percent.

Defenders of the ban, then known as Proposition G, enjoyed the help of anti-alcohol organizations and a fiery band of beach residents. But they lacked an official spokesman, as the council members who enacted the ban were absent from the ballot measure's campaign.

For the ban to survive a referendum, Faulconer will need to be its champion, experts said. Other leaders, including Sanders, Lansdowne and Fire Chief Tracy Jarman would likely be needed too to show that the ban's usefulness in protecting public safety outweighs the need for a beach-time pastime, experts said.

"They would have to come out endorsing it and be visibly active in the campaign," Crotty said. "If one or the other doesn't happen, there's no way it's going to be taken seriously."

Glaser said people will be very reluctant to sacrifice a privilege that he sees as inherently San Diegan. "Once it starts to really be discussed, people realize they'll be losing something," he said. "People will tend to believe there is another way to think about securitizing the beaches."

But others see the proliferation of images from the Labor Day melee providing a palpable counterweight to the issues of personal freedoms.

"When the two things clash, and public safety becomes an issue, you could start seeing things trending toward public safety," said pollster John Nienstedt, who said he hadn't gauged public opinion on the proposed ban.

Nienstedt also noted that, because a referendum will be citywide, it will be difficult to make the everyday realities of beach drinking -- which are clearer in the mind of residents on the coast -- relatable to voters across San Diego.

While ban supporters living in the locale see beach drinking as the cause of public urination, crime and pollution, others throughout the city may see having beers on the beach as weekend recreation, Nienstedt said.

"There will absolutely be different debates west of I-5 and east of I-5," he said.

Faulconer said he thinks he has found an issue that will resonate citywide. If San Diego is seen as a destination known for binge drinking and violence, as seen in the video image relayed around the world after Labor Day, the city's reputation -- and its tourism dollars -- could suffer, he said.

"I think images relayed nationwide from Labor Day was a huge hit against San Diego," he said. "We want people to come enjoy themselves, and people aren't going to come if they think there's riots all the time. That incident was the worst type of advertising."

As the largest concentration of beaches in California where alcohol is tolerated, San Diego's reputation already attracts regular visitors from throughout the southwest who are looking to party spring break style.

That could be an issue that stirs up a sleeping political giant -- the visitor industry. Hoteliers and related industries have played the part of benefactor before in elections when they had something at stake, most notably during proposed increases to hotel-room taxes.

Spokespersons from the San Diego Convention and Visitors Bureau and the San Diego Hotel-Motel Association said their organizations will be studying the issue in the coming weeks.

"It's a two-edged sword," said Namara Mercer, executive director of the Hotel-Motel Association. "There are ones who are going to be turned off if they think it gets rowdy, but there are also people who want to sit and have a glass of wine to watch the sunset."


California DUI attorneys in San Diego are interested in this.

Prescription drugs kick DUI up a notch

A NEW TREND: Charges of DUI used to stem mainly from alcohol abuse.

SEVERAL TYPES OF OFFENDERS: Some combine alcohol and drugs on purpose, while others ignore warnings.

When Clay County Sheriff's Deputy Donald Sutherland arrived at the car crash on Florida 16 near Camp Blanding, one of the drivers involved had the telltale slurred speech and bloodshot eyes of someone who had been drinking. But there was something more, something unusual.

"You could tell there was more there than alcohol," Sutherland said. "Her ankle was severely deformed from the crash and I asked her and she said it was always that way. She was acting as if it was nothing."

Her ankle was broken.

"The normal person would have been screaming," Sutherland said.

The driver, Frances McCauley-Melcolm, was convicted in August of DUI manslaughter and reckless driving in that 2005 wreck that took the life of an 80-year-old woman in the other vehicle.

McCauley-Melcolm's blood-alcohol level four hours after the crash was slightly below the level at which a driver is presumed impaired, but an expert testified at the trial it had been above the limit at the time of the accident.

There was more.

In an interview at the hospital after the crash, McCauley-Melcolm told Sutherland she had been drinking and had taken Xanax as well as Tylenol with codeine. Blood tests showed she had Xanax and evidence of other drugs in her system, said Assistant State Attorney Rebecca Zima, who prosecuted the case.

Law enforcement officers increasingly are seeing cases in which drivers are impaired by more than drink.

Of 45 Northeast Florida drivers who died with alcohol in their systems in 2000, nine also had drugs such as codeine and cocaine in their systems, according to traffic death statistics from medical examiners. In 2006, of 54 who had been drinking before they died, 20 tested positive for the same kinds of drugs.

Whether alone or in combination with alcohol, drugs - often legitimately prescribed - are involved in more and more driving arrests.

One of the drugs accounted for in the 2006 statistics by medical examiners in Duval and St. Johns counties was alprazolam, the generic name for Xanax.

Drugs such as Xanax and OxyContin increase the impact of alcohol, said professor Paul Doering of the College of Pharmacy at the University of Florida.

Some estimates say 25 percent of all drug abuse involves prescription medications.

"That's all the rage today is abuse of prescription drugs," Doering said. Combining some prescription drugs with alcohol multiplies the impact. Washing down a Xanax with a few beers can put the abuser "up there with the other drunks," he said.

"I call it the new math," Doering said. "One plus one equals three. Despite the labels put on prescriptions, people don't seem to get the message."

St. Johns County Sheriff's Deputy Dave Rosado is trained as a drug-recognition expert and is called in on cases in which officers believe a driver is impaired by drugs and alcohol or by drugs alone.

In August, Rosado handled a case involving a man driving with his 2-year-old daughter in the truck.

Before Rosado was called, an officer in the northwest part of the county was almost hit by a green pickup truck. When Jason Michael Franklin, 24, was pulled over, his pupils differed in size, his hands were shaking and his speech slurred, according to police reports.

No alcohol was detected in a breath test but the man said he had taken a drug used to treat seizures and panic attacks. Bottles of generic versions of the prescription drugs Xanax and Soma were found in the truck, the arrest report said.

"When I met him at the jail, he couldn't stay awake," Rosado said. "He fell asleep five or six times during the evaluation."

Franklin was charged with driving under the influence.

Officer Darrell Edmonds of the Jacksonville Sheriff's Office became certified as a drug-recognition expert in 1999. As part of the department's DUI team, Edmonds has seen the problem evolve.

"It's progressively getting worse," he said. "People don't think it is inappropriate to work and drive with a prescription drug."

Edmonds said he still sees people impaired with street drugs such as PCP, cocaine and heroin, but those are in the minority.

"It is not as frequent as prescription medication," he said.

Edmonds said he sees three categories of drivers impaired by drugs.

One is the person who was properly taking the medicine but shouldn't have been driving. The second is someone he placed in the "doctor shopping" category because they actively seek drugs. Then there is the alcoholic who wants to enhance the euphoria.

Florida Highway Patrol Lt. Bill Leeper said state law doesn't distinguish between alcohol and drugs in considering a driver's impairment.

Many prescription drugs come with warning labels," he said. "Motorists need to heed those warnings."

These new issues are facing the San Diego California DUI criminal defense attorney more often.

“My God, I'm Hit!” Investigating the Kennedy Incident on Elm Street From the Diagonal

For 44 years researches have investigated the pieces of the Kennedy jigsaw puzzle related to the incident on Elm Street from the straight, standard and narrow perspective that a murder took place by gunfire. However, the pieces of the murder by gunfire approach cannot and will never fit together to make a cohesive and completed puzzle thereby providing the foundation for logical conclusions and answers.

Brian David Andersen is the first investigator to successfully assemble a majority of the pieces of the jigsaw puzzle related to Kennedy incident on Elm Street so an individual can formulate their own logical but very astounding conclusions and answers. The first portion of the text is written by Andersen. The second portion of the book includes the fascinating testimonies of the key participants -- Secret Service agent Roy Kellerman, Dr. Charles Baxter M.D. and Abraham Zapruder to the Federal Bureau of Investigation and the Warren Commission. Andersen's evidence and the key testimonies in the 332 page hardbound book with illustrations and photographs provide the proper pieces of the jigsaw puzzle so the individual has the components, information and awareness to make logical conclusions and formulate sensible answers.

The author places the reader in the position of a juror as he assembles and presents the pieces of the jigsaw puzzle from the diagonal rather than from the straight, standard and narrow perspective. The author requests the juror, you the reader, to sustain or revoke the death certificate of John Fitzgerald Kennedy after he presents the compelling and indisputable evidence in the “lawsuit” or his book. At places the author / Plaintiff expresses his discoveries, opinions and conclusions with light humor and other places he pounds the reader with unambiguous, harsh and numbing realities. The core question raised by Plaintiff Andersen in his presentation is:

Did JFK abdicate the Presidency of the United States by fake assassination?

Although he did not know it at that time, Andersen began gathering his peripheral and hardcore evidence at age 11 during the shocking afternoon of November 22, 1963. “My God, I'm Hit!” is based upon the 44 year Odyssey of Brian David Andersen who spent his childhood and teenage years in the suburb of Dallas called Irving. The book details how he was inadvertently and purposely exposed to hidden evidence and aspects of the Kennedy incident on Elm Street from various sources. Attached is the dust cover for the book slated for a late November 2007 release by -- From The Diagonal Media. "My God, I'm Hit!" will be available for purchase at http://amazon.com and additional outlets.

Andersen did not seek-out but was informed in detail how the body that rolled into the emergency room really died due to his being a neighbor of Parkland Hospital attending surgeon Dr. Charles Baxter. Andersen relates how and why Dr. Baxter emphatically, shockingly and forcefully halted all life saving procedures on the near lifeless body that was removed from the Kennedy Presidential limousine. This revelation was one of countless off-the-wall and unexpected exposures and experiences for Andersen over the past 44 years.

In conclusion the thrust of "My God, I'm Hit!" is summarized by a quote from the book:

“Whether you like it or not here comes the loaded, hard and heavy paradigm shift train so either hop on for a wild new ride or get run over while your heart and head remain buried underneath the rails.”

California drunk driving criminal defense lawyer news

No right to jury trial in Hawaii for first three DUI trials

There is no right to a DUI jury trial in Hawaii for the first three Drunk Driving offenses within a ten year period of time.

A DUI Defendant can get a drunk driving jury trial only by picking up a felony DUI by comitting a fourth offense within ten years of three prior DUI convictions.

It is rare for anyone to go to trial on felony DUI because most Defendants get probation for the felony DUI with up to one year of jail.

San Diego Californai drunk driving criminal defense lawyer information

Motorists who insist on driving while drunk will find themselves facing a new penalty if they get arrested after leaving a bar at closing time Tuesday night.

A new law that takes effect 12:01 a.m. Wednesday says those convicted of even a first offense will be able to drive only vehicles equipped with an ignition interlock for the next year.

That's not the only change in statutes in store for those who break the law.

Judges are going to lose their discretion to reduce the jail time of those guilty of "extreme'' DUI. These are motorists whose blood-alcohol content (BAC) is at least .15, nearly twice the legal limit of .08.

And legislators agreed to create a whole new penalty for the most inebriated of motorists: Anyone with a BAC of at least .20 will spend at least 45 days in jail.

This year's changes are the latest in a series of efforts to cut down on alcohol-related accidents.

But the key measure instead focuses on preventing repeat offenders.

The devices are wired into a vehicle's ignition. Motorists must provide a "clean'' breath sample - below .04 BAC - to get the vehicle to start.

Arizona first started requiring interlocks in 1998. But the law has, until now, limited that mandate to the vehicles of repeat offenders as well as those who are convicted of "extreme DUI,'' a figure that means a BAC of at least .15.

Cydney DeModica, spokeswoman for the Arizona Motor Vehicle Division, said about 7,000 of these devices, which can be rented from six private firms for about $60 a month, are in use at any given time.

But until now, only New Mexico mandated these interlocks for even first-time offenders.

Two other laws deal with those whose level of intoxication is far beyond the legal limit.

State law requires those convicted of extreme DUI to serve at least 30 days in jail. But the law also has let a judge reduce that to 10 days if a person completes court-ordered treatment or screening programs. That option will disappear Wednesday.

And legislators decided to crack down even harder on the most intoxicated motorists: Another new law spells out those who get behind the wheel with a BAC of at least .20 must serve at least 45 days in jail.

California DUI criminal defense lawyer news

Costa Mesa woman says California DUI counselor groped her

A 22-year-old Costa Mesa woman alleged that a court-ordered Calififornia DUI counselor groped her during one of her sessions, police said Friday.

The woman, who said the man inappropriately hugged her and touched her breasts at the last session she went to, told investigators the alleged attacks happened from July 7 to Aug. 7, Lt. Marty Carver said.

The man, whom she only knew as Al, is in his 40s, Carver added.

San Diego DUI Criminal Defense Lawyer news - DUI death = 15 years to life in prison

A San Diego man convicted of San Diego DUI and causing a head-on collision that killed two people was sentenced to 15 years to life in prison yesterday.

George Hunter III, 46, pleaded guilty Aug. 8 in San Diego Superior Court to two counts of gross vehicular manslaughter while intoxicated in connection with the deaths of Henry “Kiki” Gonzalez III, 22, and Allen Cordova, 16, both of City Heights.

Hunter admitted he had two previous convictions for DUI.

Hunter drove a Ford Excursion the wrong way on Interstate 15 at the Interstate 5 connector and collided with the BMW 325i driven by Gonzalez. The crash occurred shortly before 4 a.m. on April 23, 2006.

Hunter's blood-alcohol level measured 0.16 percent two hours after the San Diego drunk driving collision, twice the legal limit of 0.08.

His San Diego DUI criminal defense attorney asked for leniency.

One way to avoid the need for a Drunk Driving Defense Attorney:

For the time-poor Londoner, it is the ultimate way to combine fresh air and exercise with a relaxing drink after work.

The Pub Crawler, a mobile bar propelled by the pedal power of its customers, is being hired out for up to £1,500 a time for tours between the capital's pubs.

It can accommodate 12 people - 10 guests who sit on bar stools with pedals so they can drink as they travel from venue to venue and, for safety's sake, a professional two-man crew who steer.

The Pub Crawler was introduced to London by 35-year-old Luke Robertson after he saw a similar contraption while holidaying in the Baltics.

He said: "I commissioned a friend, who's an engineer, to design and build it from some photographs I had taken. It took around four months to perfect."

The Pub Crawler is legally classified as a quad cycle, so it can be used on public roads. It does not need a drinks licence because customers are not sold any alcohol while they are on board.

Instead, the cost of the drinks bought at pubs en route is included in the hire price, which ranges from £450 to £1,500.

Mr Robertson said: "The funniest reactions are from people on the street who've had too much to drink. They think they're hallucinating. It's quite a surreal sight. One guy we passed on the King's Road stood there dumbfounded for about five minutes."

Recent clients have included a group of executives from insurance company General Re. They began their trip at the Drayton Arms in South Kensington and during the evening pedalled as far as the Pig's Ear in Chelsea, stopping off at pubs along the way.

PA Claire Belcher, 28, who organised the trip, found it was an excellent team-bonding exercise.

"Everyone really enjoyed it, although there was a hairy moment when we were about three inches from taking off the side of someone's very smart car," she said. "I think it was a Bentley. The people inside gave us a very worrying look.

"We generated a lot of interest - a few drivers wound down their windows and asked us for a beer and people stopped to take pictures of us on their mobiles."

San Diego DUI attorneys often have questions concerning blood testing in San Diego DUI cases: e.g. the blood sample debacles and the process for San Diego testing.

When a San Diego DUI blood sample is drawn from the suspect in a San Diego DUI case rather than using a San Diego breath machine, the sample is supposed to be inserted into a vial containing preservative and anticoagulants, then shaken and sealed.

The San Diego process requires that a chain of custody be established: the location of the vial of blood must be identifiable at all times so that it does not become contaminated or mixed up with someone else’s vial. At any stage of this chain of custody, of course, things can go wrong with the vial or the San Diego records.

The San Diego blood testing is commonly done using gas chromatograph instruments, and analyzed in large batches perhaps 40 or more which are analyzed in sequence; which is much faster and more economical than isolating, identifying and separately analyzing one San Diego vial after another.

Problems often occur in the either San Diego stage. San Diego testing facilities must review and update their policies on the collection, identification, actual testing of the blood samples for San Diego DUI cases to try to prevent problems.

Other San Diego DUI blood testing problems may exist. Contact a San Diego DUI Lawyer for more information.

California DUI lawyers transplanted from the fine state of Illinois:

URBANA – A Fithian teen who said she had to drive drunk to avoid being sexually assaulted by co-workers was acquitted of driving under the influence Wednesday by a Champaign County jury.

Erin Davis, 19, was charged with driving with a blood-alcohol concentration of 0.08 percent or greater and driving under the influence, both misdemeanors, following a Sept. 17, 2006, incident in which she struck two parked cars on South Neil Street in Champaign, heavily damaged her own car, then kept driving into Campustown where University of Illinois police spotted her.

Davis' "necessity" defense – that she had to commit the crime to avoid a greater injury and that she was without blame in developing the conduct – is rarely seen in criminal cases and hardly ever in DUI traffic cases.

"It's a legitimate defense and it made sense in this case," said Carol Dison, the Urbana attorney representing Davis.

Assistant Champaign County state's attorneys Katie Pugh and Stephanie Weber said that defense was a first for both of them in a traffic case.

While saying he was "extremely skeptical" of the defense, Judge Richard Klaus allowed the jury to consider it, ruling that Dison had presented sufficient evidence to support it. The jury deliberated about five hours.

According to testimony in the two-day trial, Davis had been a newsroom intern at WICD in Champaign for about three weeks on Sept. 16, 2006. After getting off work about 11 p.m. that day, she went to the apartment of Emily Carlson, 24, a WICD reporter, in the 800 block of Oakland Avenue in Urbana. Davis said Carlson purchased and served her two drinks of orange juice and vodka and two additional shots of vodka.

Davis said Carlson also called fellow newsroom employee and anchor Kent Ninomiya, 41, to come to the apartment. Davis said Carlson, who did not testify, wanted both of them to have sex with Ninomiya.

Carlson and Ninomiya, who previously worked together in Minnesota, are no longer employed at the station.

Ninomiya testified he thought he was coming to Carlson's apartment so the three of them could go out to eat. He denied any inappropriate touching of Davis, who turned her back to him during most of his testimony and cried intermittently throughout the trial.

Davis testified that although she wasn't interested in sex with Ninomiya because of his age, she said Carlson tried to "guilt trip" her into it by saying that Ninomiya would only have sex with Carlson if he also had it with Davis.

Neither Carlson nor Ninomiya was charged with any crime regarding Davis.

Davis testified that after Ninomiya showed up, she brought up, at Carlson's urging, the subject of him having sex with them. She said Ninomiya asked if what happened there, stayed there. She said he rubbed her neck and shoulders but that she pushed him away.

She went to the bathroom and when she came out, she said, Carlson and Ninomiya led her to Carlson's bedroom.

"They didn't seem like they would take no for an answer," she said.

Davis said in spite of telling Ninomiya she didn't want to have sex, he removed her shirt and bra and fondled her.

Davis said she then hurriedly left the room, putting her shirt on as she went, intending to leave. She said Carlson followed her, telling her she couldn't leave.

Asked why she left, Davis said: "I thought they were going to make me have sex with them. I don't remember a thing the minute I walk out of the apartment. I had to get out of there," she said.

However, Davis said she did remember being hit with an air bag.

Dison and Pugh agreed that Davis hit two parked cars in the parking lot of Merry Ann's Diner, 1510 S. Neil Street, C, miles from Carlson's apartment off Cunningham Avenue in Urbana, then continued north with air bags deployed and driving on three flat tires. At 12:50 a.m., UI police officer Barb Robbins, who was at the corner of Sixth and Green streets, spotted the damaged car eastbound on Green. She found it minutes later in a parking garage at Fifth and Daniel streets with Davis outside it on her cell phone.

Robbins quickly determined Davis was intoxicated, arrested her and took her to the hospital for a blood draw after Davis vomited in the back of the squad car. Davis' blood-alcohol level was 0.20 percent, the attorneys agreed.

Another officer, Robbins said, was alerted to the hit-and-run at Merry Ann's and linked Davis to that.

Arguing to the nine-woman, three-man jury, Pugh said the trial wasn't about a sex crime and that even if they believed Davis, they should reject her belief that she felt she had to drive to escape her situation.

"Whatever danger she felt was there ... ended when she walked out of that apartment. She wasn't chased. No one was trying to drag her back in. She could have knocked on a neighbor's door and said 'I need help.' She could have gotten in the car, locked the doors and honked her horn until people came to her. She had a cell phone and could have called her parents or friends," Pugh said.

Acknowledging that her client voluntarily drank, Dison argued that did not make her responsible for what happened that prompted her to flee the apartment. She argued that Carlson and Ninomiya had "planned" the encounter, that Carlson "plied" Davis with the 90-proof vodka, and that Carlson "pressured" her into participating in something she didn't want to.

"She should not be a defendant in this case. She is a victim," Dison argued.

California drunk driving defense lawyer news:

California DUI defense attorneys worry about the folks who want this:

There should be a federal amendment passed banning drinking while driving under the influence. The 18th Amendment that prohibited “the manufacture, sale, or transportation of intoxicating liquors…” was repealed for being too extreme, but I don’t think banning drinking and driving would cause as much upset as the 18th Amendment.

Out of the 18th Amendment, outrage erupted from immigrants because their culture and the U.S. society were suddenly forced to alter itself to please American nationalists. The 18th Amendment targeted a certain group of people in hope of shaping them into moral and productive people to decrease the poverty level. Making an amendment prohibiting inebriation while driving wouldn’t have as high hopes to transform the nation, it would just decrease the number of accidents and deaths caused by drunk drivers.

An amendment would be strong enough because with police on active alert, drivers under the influence would be punished with a greater sense of authority. A law doesn’t seem to be making a huge impact if drivers continue to drive half oriented, sometimes with their families in the car until they are caught by police.

An amendment would create fear and ensure punishment to make people who like to drink reconsider whether or not they should get into the driver’s or passenger’s seat.

California DUI officers who made California drunk driving arrests over the past two years were honored Wednesday.

Avoid 18, the Kern County DUI task force, honored those departments and officers that participated in California DUI enforcement and education efforts over the last two years.

The Office of Traffic Safety through the National Transportation Highway Safety Administration has awarded Kern County additional grant funds that will allow the work of the Avoid 18 to continue to grow and maintain focus.

More California DUI arrests, more DUI money. The need for California DUI attorneys is creatd by the government.

DUI Defense Attorney update

Some Carbondale Illinois residents may soon need more than a key to start their car.

Gov. Rod Blagojevich recently signed a bill that would force first-time DUI offenders with suspended licenses to install an alcohol detection device in their car if they want to drive. Drivers would have to blow less than a .08 on the breath alcohol ignition interlocking device, or BAIID, in order to drive while serving their suspensions.

Previous Illinois law allowed first-time offenders to apply for a judicial driving permit that allowed them limited driving privileges while on a suspended license. Three-month suspensions are handed out to drivers who either fail a breath-test or refuse to take the test.

The new law does away with judicial driving permits and increases the length of suspensions to six months for failing the test and one year for refusing to take the test.

Drivers with a suspended license will have to apply for a monitoring device driving permit and get the BAIID installed in order to operate their vehicles.

"It's effective, and will stop people from actually driving their cars while they've been drinking, which is the point," said Susan Mckinney, manager of the BAIID division in Illinois.

Heather Ruhl, a freshman from Breese studying journalism, thinks the new law will not do much to deter drunk driving.

"I think it's a little extreme," Ruhl said. "People will still keep drinking and driving, cause people think that they'll never get caught."

McKinney said the BAIIDs cost anywhere from $100 to $150 to install, and the driver must pay $70 to $80 a month for upkeep and rental. Offenders also must pay an additional $30 a month in administrative monitoring fees.

According to McKinney, the new law would allow drivers with suspended licenses more freedom than the previous law, so long as they use the BAIID.

The law does not go into effect until Jan 1, 2009. Mckinney said the extra time is necessary for the state to deal with the increased amount of BAIIDs that will be in use.

"Right now there's about 3,000 people driving with BAIIDs," McKinney said. "After the law goes into effect that number is expected to climb to about 30,000."

Drunk Driving Defense Attorney news

Man Receives $500,000 Bond For Third DWI

It was his third arrest in two years for driving while intoxicated, his second in the past three months.

Flashing lights, handcuffs and bondsmen, if 77-year-old Ray Edwards of Henderson thought he knew the routine, he was about to be surprised.

Instead of bond being set at the standard $500 mark for a DWI Class B misdemeanor, Edwards was walloped with a much larger hold - $500,000 bond.

Rusk County Justice of the Peace Bob Richardson said he issued the bond by request of the District Attorney's Office.

Edwards is a repeat offender, accused of tampering with his vehicle's ignition interlock that prevented him from driving drunk, and is considered a danger to the public, Richardson said.

"They're trying to save somebody's life right here," he said.

Rusk County Assistant District Attorney Carl Barber agreed.

"We're driving down the road, only a paint stripe's width away of an approaching car whose driver is impaired," he said.

It's a lethal combination.

But it isn't just punishment Barber said he wants to assign. He seeks to change the entire environment around DWI charges.

"And the best way we can is to not only fight crimes themselves, but offer a change in behavior," he said.

Since January, Barber has required longer sentences and extended probation time, outlasting even some state statutes.

Sometimes the best teaching tool is the closing click of a jail cell, he said. Probation has also proved valuable, as it "keeps drivers under scrutiny for a longer period of time," he said.

For a first DWI offense, an impaired Rusk County driver is given a mandatory seven day stint in jail, two years maximum probation and an ignition interlock device at the cost of the defendant.

As a comparison, state statutes list the interlock as an option and require a three-day stay in county jail, he said.

Punishment grows in succession with the crime.

Second DWI offense and the penalty jumps to 21 days mandatory jail time and $4,000 fine.

California DUI criminal defense attorney news

Soap star Kirsten Storms, 23, was busted for a California DUI / drunk driving over the weekend.

Storms, who is also on Disney's "Kim Possible," was traveling on a Los Angeles freeway when a CHP officer noticed a lit cigarette being thrown from her blue Mercedes.

California DUI officers allegedly "noticed the odor of an alcoholic beverage emitting from the vehicle."

After questionable California DUI sobriety tests, she was arrested for a California DUI and now needs a California DUI criminal defense lawyer.

Viewers know her best as Belle Black on "Days" and as Maxie Jones on "General Hospital."

The alleged litterbug/California DUI arrestee was taken to Van Nuys Jail and later released on $5,000 bail.

DUI criminal defense attorney news

NFL Star Wide Receiver David Boston was allegedly under the influence of GHB when he fell asleep behind the wheel of his SUV in the middle of the street last month.

Gamma hydroxybutyrate is used as a sedative and for body building, and is also known as "liquid ecstasy," "soap," and "Georgia home boy."

Boston will be charged with misdemeanor DUI - driving under the influence (drugs).

SYNTHESIS_OF_SAFETY_RESEARCH_RELATED_TO_SPEED_AND_SPEED_LIMITS

Summary:

There is evidence that crash risk is lowest near the average speed of traffic and increases for vehicles traveling much faster or slower than average. The occurrence of a large number of crashes involving turning maneuver partly explains the increased risk for motorists traveling slower than average and confirms the importance of safety programs involving turn lanes, access control, grade separation, and other measures to reduce conflicts resulting from large differences in travel speeds.

When the consequences of crashes are taken into account, the risk of being involved in an injury crash is lowest for vehicles that travel near the median speed or slower and increases exponentially for motorists traveling much faster. One of the major concerns in all of the studies is the travel speed before the crash. Emerging technology used in mayday, vehicle tracking, and adaptive speed control systems provide the opportunity to accurately and continuously capture travel speed. This technology should be applied in improving our understanding of the relationship between speed, speed variation, and safety.

When a crash occurs, its severity depends on the change in speed of the vehicle at impact. The fatality risk increases with the change in speed to the fourth power. International research indicates the change in injury crashes will be twice the percentage change in speed squared, and fatal crashes will be four times the percentage change in speed. These relationships are based mainly on speed limit and speed changes on high-speed roads. More research is needed to assess their applicability to low-speed urban roads.

In general, changing speed limits on low and moderate speed roads appears to have little or no effect on speed and thus little or no effect on crashes. This suggests that drivers travel at speeds they feel are reasonable and safe for the road and traffic regardless of the posted limit. However, on freeways and other high-speed roads, speed limit increases generally lead to higher speeds and crashes. The change in speed is roughly one-fourth the change in speed limit. Results from international studies suggest that for every 1 mi/h change in speed, injury accidents will change by 5 percent (3 percent for every 1km/h). However there is limited evidence that suggests the net effect of speed limits may be positive on a system wide basis. More research is needed to evaluate the net safety effect of speed limit changes.
Most of the speed related crashes involve speed too fast for conditions. This would suggest that variable speed limits that adjust with traffic and environmental conditions could provide potential benefits.

Despite the large number of references concerning traffic calming, very few reports include results of a systematic evaluation. In many cases traffic volumes as well as speed are reduced. As a result of the traffic diversion, crashes may be migrating to other roads. More research is needed to assess the system wide impacts and permit comparisons to be made among individual as well as combinations of traffic calming measures.

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DUI defense attorney news

Noble police officer is out of jail on Monday after being arrested for DUI and carrying firearms.

Drunk Driving police arrested Bobby Brent Sirpless, 31, Saturday night and booked him into the Cleveland County Jail.

Police said a witness saw Sirpless hit another car and then allegedly took off. The witness then called police and followed Sirpless until officers caught up to him.

San Diego DUI defense attorney news

The U.S. Department of Transportation “Sobriety Checkpoints Briefing Guide” provides: “A motorist who wishes to avoid the checkpoint by legally turning before [entering] the checkpoint area should be allowed to do so unless a traffic violation(s) is observed or probable cause exists to take other action.”

LEMON GROVE, California
September 8, 2007

A driver trying to avoid a San Diego DUI checkpoint was arrested on charges of assault on an officer and felony evasion, San Diego County DUI Sheriff's Dept. said.

Deputies from the Lemon Grove Sheriff’s Station were conducting a San Diego DUI checkpoint in the 7100 block of Broadway in Lemon Grove early Saturday when the sheriffs noticed a silver Ford Focus pull out of the lane and into a commercial parking lot, according to Sgt. Chuck Browning of the San Diego County DUI Police Department.

Believing the driver was avoiding the San Diego DUI checkpoint, three sheriff officers walked over to the car that was now backed into a narrow alley. Instead of exiting the vehicle when asked, the driver put the car in drive and sped toward two of the officers, police said. The officers opened fire on the vehicle, and then jumped out of the way. Nevertheless, the driver continued to drive off. A car chase pursued into the city of San Diego.

At the intersection of Euclid Avenue and Hilltop Drive, the driver bailed out of his car and started running, police said. He was captured after a short foot chase. Units and a helicopter from the San Diego Police Department assisted in the capture.

Mark Wieter, 42, of San Diego, was booked and jailed at the Lemon Grove Sheriff’s Station. Fortunately, no injuries were sustained.

Maybe this would not have happened had San Diego DUI cops observed the right of a San Diego driver to avoid a San Diego DUI Checkpoint:

Criminal law -- Driving under influence -- Search and seizure -- Roadblock -- DUI checkpoint -- Roadblock was not valid where roadblock which stopped 565 vehicles but made only 2 DUI arrests was not significantly more effective in combating problem of impaired drivers than use of routine patrol officers, and written plan that called for use of alternative stop of every third, fifth or tenth vehicle when traffic was backed up was abandoned in favor of suspending roadblock until backup cleared -- No merit to argument that there was insufficient advance notice of roadblock because prior public dissemination of roadblock information is not essential to valid warrantless roadblock -- Motion to suppress granted.

STATE OF FLORIDA v. LATCHMIE SINGH. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 05-024154TC A08, Division E. October 17, 2006. 14 Fla. L. Weekly Supp. 85b
Barry M. Cohen, Judge. Counsel: Laura Burkhart, Certified Legal Intern. John Tierney, III, West Palm Beach.
ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS
THIS CASE came before the Court on October 4, 2006 for an evidentiary hearing on the Defendant's Motion to Suppress only on the issue of the validity of the DUI roadblock stop of the Defendant's vehicle. The Court took testimony from Officer Ron Council of the Palm Beach Gardens Police Department and from the Defendant, Latchmie N. Singh. The City of Palm Beach Gardens Police Department Safety and Sobriety Checkpoint Supervisory Plan was admitted into evidence as State's Exhibit 1.
The State was represented by Laura Burkhart, Certified Legal Intern; Defendant was represented by John Tierney, III, Esquire.
Both sides have submitted thoughtful proposed orders with accompanying case law. Based upon the evidence presented, a review of the proposed orders, and analysis of relevant case law, the Court finds as follows:
FACTS
On the evening of August 19, 2005 and the early morning hours of August 20, 2005, the Palm Beach Gardens Police Department conducted a safety and sobriety checkpoint on Northlake Blvd. Officer Council was in charge of the operation. Approximately thirty (30) police officers participated. Representatives of MADD also attended and provided refreshments for the officers.
Defendant was stopped at the checkpoint at around midnight.
A written operational plan that was first promulgated in 2001 was utilized.
A meeting was held with all officers involved in the checkpoint approximately one hour before the checkpoint began. At this meeting Officer Council read the plan and disseminated copies to the officers.
The checkpoint was located at the 3350 block of Northlake Blvd. in the eastbound lanes adjacent to the Sports Authority Store and the parking lot of the store was used for issuing citations, vehicle inspections, field sobriety testing and media relations.
All drivers approaching the checkpoint were alerted to its existence by a message signboard as well as activated emergency lights on patrol cars and officer's flashlights. Before entering the checkpoint, drivers had the ability to make a U-turn in order to avoid the checkpoint. All officers were required to wear reflective vests.
Once a driver entered the checkpoint, the traffic was merged into a single lane by flares. When a vehicle reached the line officers, the vehicle would stop and the officers would scan the interior of the vehicle and the occupants for weapons or other contraband. The contact officer would then greet the driver and look for signs of impairment while the driver obtained their license. If no signs of impairment were present, the officer would check the vehicle's brakes lights, turn signals, headlights and taillights to ensure they were functioning properly. If there were no violations, the car would be released. If a violation were found, it was noted on the windshield of the vehicle and the vehicle was directed to a specific area for citation. If signs of impairment were present, the officer would observe manual dexterity while waiting for the driver's license and then ask the driver to step out and direct the driver to a specified area for field sobriety exercises.
At the end of the checkpoint, data was collected as to how many cars were stopped and the total activity for the checkpoint. It was also determined that the average delay was two to five minutes per vehicle.
The written guidelines required a primary count and stop of every vehicle. However, if there was a delay of more than eight minutes, the supervising officer could order a stop of every 3rd vehicle, every 5th vehicle, and every 10th vehicle until the problem was alleviated. If the above alternatives could not alleviate the backup, the supervisor could suspend the checkpoint until the backup was cleared.
The evidence at the suppression hearing indicated that when traffic backed up, no effort was made to stop every 3rd, 5th or 10th vehicle. Rather, all cars were permitted through the checkpoint and then after a time interval, every car was stopped again. Defendant arrived at the checkpoint during such a backup. The vehicles in front of him were permitted to pass without being stopped.
LEGAL ANALYSIS
The Florida Supreme Court in State v. Jones, 483 So.2d 433 (Fla. 1986), addressed the propriety of warrantless temporary roadblocks. The Court noted four factors which should be analyzed in determining the validity of a given DUI roadblock:
(1) Whether the roadblock procedures assured the safety of motorists?
The roadblock in this case undoubtedly did, as noted in the Fact section of this order.
(2) Degree of intrusion and length of detention of each motorist.
The roadblock at question was set up as to avoid an extensive intrusion upon motorists. Motorists were to pull into the checkpoint which had three or more teams of Checkpoint Line Officers (CLOs). The officers were to approach the vehicle, scan the interior and occupants with a flashlight for weapons and/or other contraband. After it was determined that no hazards existed, the contact officer would greet the driver, and while the driver was producing their driver's license, the officer was to look for indications of DUI. If DUI was not suspected, the officer was to inspect the performance of the vehicle's brake lights, turn signals, headlights, and taillights. The driver would then be released if no violations were noted. If a violation was found, it was posted on the vehicle's windshield and the driver was directed into the area designated for citation and vehicle inspection for further evaluation and citation. (State Ex. 1, pgs. 17-18)
If the driver possessed signs indicating the he/she was driving under the influence, the officer would wait for the driver to obtain their license in order for the officer to observe the driver's manual dexterity. The driver would then be asked to step out of their vehicle and would be taken to an area for videotaping of field sobriety exercises. (State Ex. 1, pg. 18)
No vehicle was to spend more than five minutes in the checkpoint lane and if a delay of more than eight minutes occurred, the command officer would alternate the vehicle stopping plan as to move traffic along. Clearly, the guidelines were set up in a way to avoid undue delay for the drivers within the checkpoint. The goal was to quickly and effectively scan each vehicle and driver for any potential equipment or DUI violation. After the respective roadblock was completed, it was determined that the average delay was two to five minutes. (State Ex. 1, pgs. 16-17)
The third and fourth prongs of the Jones analysis present problems in this case.
(3) Did the roadblock procedure prove significantly more effective in combating an egregious law enforcement problem than other less intrusive means?
Defendant notes that the three hour checkpoint in this case stopped 565 vehicles and only 2 DUI arrests were made: There were 30 officers involved, which means over 90 hours of police work.
The Court cannot conclude that the roadblock in this case proved significantly more effective in combating the problem of impaired drivers than the use of routine patrol officers particularly in today's age of DUI task forces.
(4) Was the roadblock planned and carried out pursuant to a written plan that substantially reduced officer discretion in the selection of vehicles?
The written plan in this case eliminated officer discretion in the selection of vehicles to be stopped.
Unfortunately, the plan was abandoned. When traffic was backed up, no effort was made to use the alternative count of every 3rd vehicle, the second alternative count of every 5th vehicle, and the third alternative count of every 10th vehicle.
The State suggests that this is only a de minimus deviation from the operational guidelines and should be overlooked. The Court disagrees (See, State v. Bucholz, 12 Fla. L. Weekly Supp. 993 (18th Jud. Cir. For Brevard Co., 2005), a roadblock case, where the officers in their discretion diverted vehicles around the roadblock if more than four vehicles were waiting in line, effectively suspended the roadblock without adequate advance guidelines or criteria for its resumption, and thus rendered the roadblock unconstitutional and the Defendant's Motion to Suppress was granted).
Defendant further asserts there was insufficient advance notice to the media. This argument is without merit. In Jones, supra, the Florida Supreme Court ruled that prior public dissemination of roadblock information is not essential.
CONCLUSION
The State has failed to establish by a preponderance of the evidence that the roadblock in this case meets the requirements of the 4th Amendment of the United States Constitution. Accordingly, the Motion to Suppress is granted.

More Authority

This case is distinguishable from those cases where a motorist maneuvers an automobile in an unusual manner in the vicinity of a roadblock, which justifies a traffic stop. E.g., Castillo v. State, 232 Ga. App. 354 (1998) (sudden and abrupt change in speed, quick an unsafe turn, and backing up on a public roadway near the crest of a hill); Richards v. State, 257 Ga. App. 358 (2002) (cresting a hill and then abruptly stopping, backing up approximately fifty feet on a public roadway, and turning into a side street); Taylor v. State, 249 Ga. App. 733 (2001) (driving over a curb with headlights bouncing); Jones v. State, 259 Ga. App. 506 (2003) (an abrupt stop, backing up a one-way street ten to fifteen yards, and turning onto a side street). Rather, in this case the Appellant turned into a driveway in a lawful manner and then simply backed into the roadway without obstructing any traffic.
The trial court’s order correctly noted that the driveway was a service driveway, and all of the buildings served by it were closed. However, the reasons for which a driver may reverse direction other than to evade a traffic checkpoint are legion in number and are a matter of common knowledge and experience. Bass v. Commonwealth, 525 S.E. 2d 921 (Va. 2000). Therefore, a police officer’s perception that legal driving maneuver was made with the intent to evade a temporary traffic checkpoint is insufficient to give rise to a reasonable, articulable suspicion that the driver was involved in criminal wrongdoing. Id.
From the State’s point of view, every citizen who turned onto a road or into a driveway within sight of a roadblock, for whatever legitimate purpose, would be subject to an investigative detention. “This result we cannot sanction.” Murphy v. Commonwealth, 384 S.E. 2d 125 (Va. App. 1989). A suspicion of criminal wrongdoing which is no more than a hunch is “simply too slender a reed to support the seizure” under the Fourth and Fourteenth Amendments. Reid v. Georgia, 448 U.S. 436, 441 (1980). Indeed at least one Attorney General’s office has conceded that turning before reaching a roadblock does not furnish reasonable, articulable suspicion sufficient to justify the detention of a motorist. Pooler v. MVD, 306 Or. 47, 755 P. 2d 701 (1988).

Noting that the U.S. Department of Transportation “Sobriety Checkpoints Briefing Guide” provides that, “A motorist who wishes to avoid the checkpoint by legally turning before [entering] the checkpoint area should be allowed to do so unless a traffic violation(s) is observed or probable cause exists to take other action,” the Nebraska Supreme Court reversed a conviction in a case involving a driver who attempted to evade a roadblock in a much more objectionable manner than the Appellant herein. State v. McCleery, 251 Neb. 940, 560 N.W. 2d 789 (1997).

There were no warning signs advising the driver that he was entering or had entered a roadblock area or “funnel”, nor was the driveway blocked with cones. In the absence of warnings that an otherwise lawful turn will provide cause for a stop, a detention predicated on a lawful traffic maneuver runs afoul of the Fourth Amendment. State v. Badessa, 185 N.J. 303, 885 A. 2d 430 (2005). In fact, a majority of jurisdictions that have considered the issue have held that making a legal turn within sight of a roadblock does not give the police a reasonable basis to suspect that the driver is involved in criminal wrongdoing. E.g., State v. Bryson, 142 Ohio App. 3d 397 (2001); State v. Powell, 591 A. 2d 1306 (Me. 1991); State v. Talbot, 792 P. 2d 489 (Utah App. 1990). Other courts have upheld the legality of roadblocks in part because the guidelines under which they were operated specifically prohibited the police from stopping vehicles that turned around before entering checkpoints. People v. Rister, 803 P. 2d 483 (Colo. 1990); Orr v. People, 803 P. 2d 509 (Colo. 1990); Little v. State, 300 Md. 485, 479 A. 2d 903 (1984).

Georgia has a paucity of case law addressing situations like the stop in this case. State v. Jones, 214 Ga. App. 593 (1994), which admittedly was not a roadblock case, stands for the proposition that a lawful u-turn, even without a turn signal when not required, in an apparent attempt to avoid contact with the police will not justify a detention. Jorgensen v. State, 207 Ga. App. 545 (1993), held that an officer’s belief that a driver turned into an apartment complex to avoid a roadblock did not justify a traffic stop. In other words, our courts have recognized that normal driving which incidentally evades a roadblock does not justify an investigative stop.

Perhaps the most pertinent case is State v. Hester, 268 Ga. App. 501 (2004). In that case the trial judge chose to disbelieve the officer’s testimony that Mr. Hester made a u-turn on a curve and near the crest of a hill. However, the Court of Appeals opinion implicitly holds that a u-turn which has the effect of evading a roadblock does not justify a traffic stop. In this case, the Appellant did essentially what Mr. Hester did. He turned around in a lawful manner, drove away from a roadblock, and was stopped.

San Diego DUI lawyers need to remind courts and the DMV of the above points and authorities supporting the driver's right to avoid a San Diego DUI Checkpoint.

DUI criminal defense lawyer news

YOUNGSTOWN Ohio

Former, esteemed Judge Maureen A. Cronin faces jail time after being charged with her second DUI / driving-under-the-influence charge in two years late Wednesday.

Judge Cronin was stopped by a state trooper at 11:54 p.m. Wednesday while driving on state Route 11 in Beaver Township, according to an Ohio State Highway Patrol spokesman. She was reported to allegedly have been swerving outside lane lines.

The former judge entered an innocent plea and waived her arraignment, scheduled for 9 a.m. today in Mahoning County Court in Canfield. A pretrial date will be set for her next court appearance.

She pleaded no contest to charges of driving under the influence in 2005. She was stopped that time by the OSHP in Boardman Township after returning from Mountaineer Race Track & Gaming Resort in Chester, W.Va.

Judge Joseph G. Houser of Mahoning County Court, Boardman, found her guilty and revoked her driver's license for 180 days. She also was charged $250 in court costs, sentenced to 180 days in jail with 177 days suspended and 12 months' nonreporting probation.

Judge Cronin refused requests to comment.

She is being represented by lawyers Samuel G. Amendolara and Scott R. Cochran. Amendolara said he had no comment on the matter Thursday.

Potential penalties


If found guilty of a second DUI offense, Ohio law says the judge could receive a minimum of 10 days in jail or five days in jail plus a minimum 18 days of electronically monitored house arrest.

She also faces fines ranging from a minimum of $300 to a maximum of $1,500.

Judge Cronin retired from the Mahoning County Common Pleas Court bench in July after serving 13 years.

Friday, September 7, 2007
BY ANGIE SCHMITT

VINDICATOR STAFF WRITER

YOUNGSTOWN — Former Judge Maureen A. Cronin faces jail time after being charged with her second driving-under-the-influence charge in two years late Wednesday.

Judge Cronin was stopped by a state trooper at 11:54 p.m. Wednesday while driving on state Route 11 in Beaver Township, according to an Ohio State Highway Patrol spokesman. She was reported to have been swerving outside lane lines.

The former judge entered an innocent plea and waived her arraignment, scheduled for 9 a.m. today in Mahoning County Court in Canfield. A pretrial date will be set for her next court appearance.

She pleaded no contest to charges of driving under the influence in 2005. She was stopped that time by the OSHP in Boardman Township after returning from Mountaineer Race Track & Gaming Resort in Chester, W.Va.

Judge Joseph G. Houser of Mahoning County Court, Boardman, found her guilty and revoked her driver's license for 180 days. She also was charged $250 in court costs, sentenced to 180 days in jail with 177 days suspended and 12 months' nonreporting probation.

She is being represented by prominent criminal defense attorneys Samuel G. Amendolara and Scott R. Cochran. Amendolara said he had no comment on the matter Thursday.

Potential penalties

If found guilty of a second DUI offense, Ohio law says the judge could receive a minimum of 10 days in jail or five days in jail plus a minimum 18 days of electronically monitored house arrest.

She also faces fines ranging from a minimum of $300 to a maximum of $1,500.

Judge Cronin retired from the Mahoning County Common Pleas Court bench in July after serving 13 years.

Friday, September 7, 2007

Former Judge Maureen A. Cronin faces jail time after being charged with her second driving-under-the-influence / DUI charge.

DUI defense attorney news

The 'Caddyshack' star insists he was sober and just "dropping people home" from a party when he was detained by police and given a blood test in Stockholm last month.


Speaking at the Venice Film Festival, Murray said: "The policemen asked me to come over and they assumed that I was drunk and I explained that I was a golfer.


"I had been playing in a tournament, and hitched a ride to a post-event party in a golf cart.


"When no-one wanted to drive home, I volunteered. I ended up stopping and dropping people off on the way like a bus. I had about six people in the thing and I dropped them off one at a time."


The 56-year-old actor was confronted by police when he dropped off one of his passengers at a 7-Eleven store.


Murray added: "I didn't even know they had 7-Elevens in Stockholm."


Police claimed he had been driving "erratically" and he was given a blood test after refusing to be breathalysed.


He will face drink-driving charges if tests show his blood alcohol level exceeded the legal limit.

A new type of DUI for San Diego California Drunk Driving criminal defense attorneys to defend? No (Red) Bull.

Beer companies are targeting young consumers with new drinks containing a potent mix of alcohol and caffeine.

These alcoholic energy drinks, including Miller Brewing's Sparks and Anheuser-Busch's Bud Extra, are raising concerns that caffeine masks the intoxicating effect of alcohol.

Drunks "may falsely believe that they can continue to drink and function without impairment, even behind the wheel of a car," Illinois Attorney General Lisa Madigan and 29 other state attorneys general wrote in a letter to the federal Alcohol and Tobacco Tax and Trade Bureau.

Sparks drinks, made by Miller Brewing, are among the new energy drinks that contain caffeine and alcohol, inspired by the mix of Red Bull and vodka.

The trend began when bartenders started mixing Red Bull, a nonalcoholic energy drink popular with youth, with vodka.

Now, companies are combining energy and alcohol in one drink. It's a cheap, convenient alternative -- but critics say it's also dangerous.

The attorneys general noted a recent study in which 26 young people reported feeling less headache, dry mouth and impairment after drinking Red Bull and vodka than they did after drinking alcohol alone. However, tests measuring coordination and visual reaction showed they were just as impaired.

The study was published in the journal "Alcoholism: Clinical and Experimental Research."

"It's totally irresponsible to market these kinds of products to keep young people drinking longer," said George Hacker of the Center for Science in the Public Interest.

The energy drinks typically contain higher alcohol contents than regular beer. Liquid Charge, for example, is 6.9 percent alcohol by volume. Most beers are less than 5 percent. Liquid Charge also has as much caffeine as a cup of coffee.

Alcoholic energy drinks also contain such ingredients as ginseng, an herbal stimulant, and guarana, a tropical fruit.

The drinks account for less than 1 percent of the beer industry market. But sales are expected to increase 50 percent this year, to $100 million, said Charge Beverages president Tim Baggs.

Brewers say they target consumers only over age 21. "We responsibly market our products to legal drinking-age consumers," Miller said.

And Anheuser-Busch vice president Francine Katz said caffeinated alcohol drinks "are nothing new. For years, adults have enjoyed rum and Coke, Irish coffee and liqueurs mixed with coffee."

"The way to fight illegal under-age drinking is not to limit product choices for adults," Katz said. "Rather, the key is preventing youth access to alcohol."

This year, Anheuser-Busch ran afoul of attorneys general over Spykes, an energy drink with 12 percent alcohol. Spykes came in fruit and chocolate flavors favored by young people and was sold in 2-ounce bottles easily concealed in pockets or purses.

In May, the company announced it would stop selling Spykes because of "limited volume potential and unfounded criticism."

DUI criminal defense lawyer in action

The DUI trial of Tampa Bay Buccaneer tight end Jerramy Stevens got under way Wednesday in Scottsdale City Court and may continue through Friday.

A guilty verdict could result in his suspension from the team given his history of arrests.

Stevens is also missing practices prior to the Bucs' season opener against former team, the Seattle Seahawks.

Stevens' blood-alcohol content was allegedly nearly three times the legal limit when he was arrested about 2:30 a.m. March 13 after Scottsdale police spotted him allegedly & vaguely driving erratically along Indian School Road near 84th Street.

His blood-alcohol content was purportedly 0.204 percent, according to Scottdale police, putting him in the extreme DUI category with a possible sentence of 30 days in jail. Arizona's legal limit is 0.08 percent.

Stevens, of Bellevue, Wash., told Scottsdale police that he had "four or five" margaritas before he was stopped, police said. And officers described his eyes as "bloodshot" and half-closed. Maybe he was tired.

California Criminal Defense Attorney news

Two men convicted by a judge who was accused of sleeping during their drug trial have failed to get their convictions overturned.

Rafael Luis Cesan and Ruben Mas Rivadavia were convicted of conspiracy to import ecstasy during a Sydney Australia District Court trial presided over by Judge Ian Dodd in June 2004.

Cesan was jailed for 13 years and six months while Mas Rivadavia received an 11-year sentence.

They said that the judge was nodding off and snoring during the hearing.

They appealed on the grounds that a sleeping judge gave rise to a miscarriage of justice.

Judge Dodd, who suffered from sleep apnoea, retired in July 2005.

Three judges of the NSW Court of Criminal Appeal today ruled by two to one that the appeals be dismissed.

The court concluded that from time to time the trial judge was nodding off and on other occasions, when he was heard to snore, he was asleep in a real and practical sense.

It ruled "the mere fact that the judge was asleep for periods of the trial does not demonstrate that the trial had been unfair or that there had been a miscarriage of justice".

There was "no relevant distinction to be made between a judge who is asleep and one who is awake bu inattentive".

The situation where a judge was inattentive or unconscious due to being distracted or asleep was not the same as when a judge was absent from the courtroom.

They ruled the requirements of a fair trial by jury refer to the judge's physical presence.

"It does not require an investigation into the judge's state of mind."
They therefore ruled the appeal should be dismissed.

The dissenting judge, Acting Justice John Basten had found it was "an essential feature of a trial by jury that the judge be present and conscious during the whole of the trial proceedings."

The judge's conduct had tended to "undermine the jury's understanding of he seriousness of their task'' and a new trial should be held, he found.

San Diego DUI defense attorney news

DWI case: Attorney: Court's practices improper

September 4, 2007

Lawyer wants client's conviction tossed out; case among many involving ex-Judge Frances Gallegos.

In the latest blow to drinking and driving convictions from Santa Fe's Municipal Court, a defense attorney argued Tuesday that one of his client's prior convictions should not count because the court followed poor procedures at the time of the conviction.

Attorney John Day said the 2002 conviction of his client, Jarrod Burke, 34, should not count because Burke was not properly advised of his constitutional rights. Burke had no attorney when he pleaded guilty to his second DWI in front of Municipal Court Judge Frances Gallegos.

``These were unconstitutional practices,'' Day said in state District Court. ``It's very clear.''

The case is among a handful currently being heard by District Court judges in which defense attorneys are asking that prior convictions of repeat DWI offenders be thrown out. Several months ago, the New Mexico Court of Appeals ruled that in one repeat offender's case, prior convictions did not count because proper procedure was not followed in Municipal Court.

Burke has been arrested four times for DWI since 1993. His latest arrest was in June 2006, when a Santa Fe County sheriff's deputy pulled him over.

Under New Mexico's DWI laws, a defendant's prior convictions can mean the difference between years of jail time or a few months of probation. Repeat offenders face harsher penalties. Upon an offender's fourth arrest for DWI, he or she faces a minimum of six months in jail. However, for this to apply, prosecutors must prove the prior convictions are valid.

Many prior convictions in Santa Fe County are not valid because the Municipal Court kept poor records and judges, who were not trained as attorneys, failed to properly advise defendants of their constitutional rights.

Several cases involving DWI convictions from Santa Fe's Municipal Court have been heard or are being heard by the New Mexico Court of Appeals. In one of those cases, state of New Mexico v. Edward Santana, the court found some defendants in Municipal Court were not properly advised of their rights when pleading guilty or no contest to DWI charges while Gallegos was judge. Because of this, the convictions could not count against the offender's record.

Following the ruling, which some attorneys called a ``gift'' to the defense bar, attorneys began challenging prior convictions of many repeat offenders. Several of those cases are now working their way through the court.

Prosecutor Linda Lonsdale argued Tuesday that each Municipal Court conviction had to be considered separately, saying the court of appeals ruling did not apply to Burke. She said Burke was a smart man who pleaded guilty to DWI in Municipal Court when offered the deal of no jail time.

``A defect in the process is not universally fatal,'' she said. ``(The plea) was knowing and voluntary, whatever the defects.''

Burke pleaded guilty to his first DWI charge in 1993 in Albuquerque's Metropolitan Court. In 2004, he pleaded no contest to DWI, a third offense, in Santa Fe County Magistrate Court. He served 30 days in jail after that conviction.

Burke testified Tuesday that he was taken into a back room with Gallegos and a prosecutor, then told he would not have to serve jail time if he signed a plea agreement. He said he was not advised of his rights, nor was he told the minimum or maximum penalties for the charge. He said he felt rushed during the process and only briefly read over a form that contained the terms of his sentence.

District Judge Michael Vigil said he will decide whether Burke's prior drunk driving conviction should count within the next two weeks.

California DUI criminal defense lawyers are watching this.

California drunk driving attorney news

LOS ANGELES area

Nine people were killed in traffic crashes in Los Angeles County over the Labor Day weekend, compared with four in the same holiday weekend last year.

Statewide, 49 people died in traffic collisions over the holiday period, compared with 46 in 2006.

The number of DUI arrests was down slightly in Los Angeles County -- 327, compared with 333 in 2006.

Statewide, 1,580 were arrested on suspicion of DUI, compared with 1,749 in 2006.

Bay area

There were fewer DUI-related fatalities and fewer people arrested for DUIs in California this Labor Day weekend than over the holiday weekend last year, according to law enforcement statistics released today.

Officers representing 125 Bay Area law enforcement agencies across the nine Bay Area counties arrested at least 451 people for driving under the influence of alcohol or drugs, down from 578 arrests during the same period last year, according to the California Highway Patrol.

Statewide, the CHP arrested 1,580 drivers for DUI violations over the holiday weekend, down from the 1,749 arrests made over the same weekend last year.

Although there were fewer arrests in the entire state and the Bay Area as a whole, Santa Clara County reported a 42 percent increase in arrests this year from last. The county reported 125 DUI-related arrests, up from last year's 88.

However, DUI-related arrests were down in Sonoma County, with 41 people taken into custody compared to the 47 arrests made last year.

During Labor Day weekend, two people died as a result of drinking and driving on Bay Area roads, according to the report. Last year at this time, there had been four deaths from Bay Area DUI accidents.

A total number of 49 DUI-related deaths were reported statewide, compared to the 46 that were reported last year, according to the CHP. The CHP said that 81 percent of occupants killed were not wearing their seatbelts.

The CHP set up sobriety checkpoints in all nine Bay Area counties and teams of officers on the lookout for DUI suspects patrolled 36 roadways statewide.

The AVOID Anti-DUI Program was launched in 1973 to bring enforcement agencies together in countywide clusters to crack down on DUI drivers and reduce the number of deaths and injuries caused by alcohol-related crashes.

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California DUI / US drunk driving attorney update

Portable/Hand-held Breath Test Gadgets are Inherently Unreliable

[Cite as State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336.]
IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
HOCKING COUNTY
The STATE OF OHIO, :
:
Appellee, : Case No. 05CA8
:
v. : Released: July 27, 2006
:
SHULER, : DECISION AND JUDGMENT
: ENTRY
Appellant. :
_____________________________________________________________
APPEARANCES:
Larry E. Beal, Hocking County Prosecuting Attorney, and David A.
Sams, Assistant Prosecuting Attorney, for appellee.
John T. Wallace, for appellant.
_____________________________________________________________
MCFARLAND, Judge.
{¶ 1} Jerald D. Shuler appeals his conviction in the Hocking County
Municipal Court for operating a motor vehicle under the influence of alcohol
(“OVI”) in violation of R.C. 4511.19(A)(4). The appellant contends that the
trial court erred in excluding from the trial the results of the portable breath
test (“PBT”) administered at the location of the traffic stop that resulted in
the arrest. Because we find the PBT to be an unreliable source of evidence,
we affirm the judgment of the trial court.
Hocking App. No. 05CA8 2
{¶ 2} On November 6, 2004, Hocking County Sheriff’s Deputy
Groves (the “deputy”) executed a traffic stop on a vehicle operated by the
appellant. The initial reason for the stop was that the appellant made an
improper, erratic turn. During his initial contact with the appellant, the
deputy detected an odor of alcohol about the appellant and noted that the
appellant had bloodshot eyes. The deputy administered to the appellant the
Horizontal Gaze Nystagmus (“HGN”) test, noting that the appellant lacked
smooth pursuit and had distinct nystagmus at maximum deviation in both
eyes. The deputy then administered to the appellant a PBT and noted a
reading of 0.078, which is just below the legal limit.
{¶ 3} The deputy then turned his attention to other individuals
accompanying the appellant in his vehicle. The deputy noted an opencontainer
violation in the appellant’s vehicle. Several minutes later, the
deputy told the appellant that he was detaining him for OVI. The appellant
and two of his companions were then transported to the Nelsonville Police
Station, where a BAC test was administered to the appellant. The appellant
registered a reading of 0.126. He was then issued a summons and released.
{¶ 4} On March 14, 2005, the appellant filed a motion for admission
of the PBT results. The attached memorandum in support alleged that the
exclusion of the PBT results would violate the appellant’s Fifth, Sixth, and
Hocking App. No. 05CA8 3
Fourteenth Amendment rights to compulsory process under the United
States and Ohio Constitutions. The same day, the trial court held a hearing
in which the appellant pleaded no contest to one count of OVI under R.C.
4511.19(A)(4). The court denied the appellant’s motion for admission of the
PBT results. It is from this decision that the appellant appeals, asserting the
following assignments of error:
{¶ 5} “I. The trial court erred by excluding the results of the portable
breath test (PBT) contrary to the case law of this district.
{¶ 6} “II. The trial court erred by the exclusion of evidence vital to
the defense which violated the appellant’s Fifth Amendment right to due
process and Sixth Amendment right to compulsory process which
constituted reversible error.”
{¶ 7} We will address the appellant’s first and second assignments of
error jointly. A trial court enjoys broad discretion when determining the
admissibility of evidence. Wightman v. Consol. Rail Corp. (1999), 86 Ohio
St.3d 431, 437, 715 N.E. 2d 546; Brookover v. Flexmag Industries, Inc.,
Washington App. No. 00CA49, 2002-Ohio-2404, at ¶ 160. Consequently, a
reviewing court will not reverse the trial court’s determination regarding the
admissibility of evidence absent a showing of an abuse of discretion. Id. An
abuse of discretion is more than an error of judgment; it implies that the
Hocking App. No. 05CA8 4
court’s attitude is unreasonable, arbitrary, or unconscionable. Rock v.
Cabral (1993), 67 Ohio St.3d 108, 112, 616 N.E.2d 218; 222; State v. Davis,
Jackson App. No. 01CA12, 2002-Ohio-2036, at ¶ 6. When applying the
abuse-of-discretion standard, a reviewing court is not free to merely
substitute its judgment for that of the trial court. Berk v. Matthews (1990),
53 Ohio St.3d 161, 169, 559 N.E.2d 1301; State v. Craig, Gallia App. No.
01CA8, 2002-Ohio-1433, at ¶ 10.
{¶ 8} The admissibility of evidence derived from breath-testing
instruments is governed in part by Ohio Adm.Code 3701-53-02, which sets
forth the types of instruments that are approved for use in determining
whether a person’s breath contains a concentration of alcohol prohibited or
defined by R.C. 4511.19, 1547.11, et al. Ohio Adm.Code 3701-53-02(A)
explicitly sets forth only two general types of instruments that may
determine whether a person’s breath contains a concentration of alcohol
prohibited or defined by R.C. 4511.19. These instruments include (1) BAC
DataMaster, BAC DataMaster cdm and (2) Intoxilyzer model 5000 series
66, 68, and 68 EN.
{¶ 9} The appellant contends that the trial court erred in excluding the
results of his PBT. He asserts that the exclusion of PBT results from trial
contradicts the practice of our appellate district. His contention is incorrect.
Hocking App. No. 05CA8 5
In State v. Coates, Athens App. No. 01CA21, 2002-Ohio-2160, ¶54, we
recognized that we have previously allowed the results of a PBT as a valid
factor upon which to base probable cause. We recently recognized our
adherence to this practice in State v. Gunther, Pickaway App. No. 04CA25,
2005-Ohio-3492, at ¶23. Our openness to employing PBT results as a factor
to be used in determining probable cause, however, has never extended into
a practice of admitting PBT results as evidence at trial. Further, we
commend counsel for the state herein for his candor at oral argument
regarding the PBT’s use.
{¶ 10} PBT devices are not among those instruments listed in Ohio
Adm.Code 3701-53-02 as approved evidential breath-testing instruments for
determining the concentration of alcohol in the breath of individuals
potentially in violation of R.C. 4511.19. PBT results are considered
inherently unreliable because they “may register an inaccurate percentage of
alcohol present in the breath, and may also be inaccurate as to the presence
or absence of any alcohol at all.” See State v. Zell (Iowa App. 1992), 491
N.W.2d 196, 197. PBT devices are designed to measure the amount of
certain chemicals in the subject’s breath. The chemicals measured are found
in consumable alcohol, but are also present in industrial chemicals and
certain nonintoxicating over-the-counter medications. They may also appear
Hocking App. No. 05CA8 6
when the subject suffers from illnesses such as diabetes, acid reflux disease,
or certain cancers. Even gasoline containing ethyl alcohol on a driver’s
clothes or hands may alter the result. Such factors can cause PBTs to
register inaccurate readings, such as false positives. See Tebo, New Test for
DUI Defense: Advances in Technology and Stricter Laws Create
Challenges for Lawyers, Jan. 28, 2005, www.duicentral.com/aba_journal/.
This lack of evidential reliability provides a basis for excluding PBT results
from admissibility at trial. See Elyria v. Hebebrand (1993), 85 Ohio App.3d
141, 619 N.E.2d 445; State v. Kerns (March 30, 1998), Van Wert App. No.
15-97-8, 1998 WL 142384.
{¶ 11} Further, Evid.R. 102, which governs purpose and construction
of the Ohio Rules of Evidence, states, “The purpose of these rules is to
provide procedures for the adjudication of causes to the end that the truth
may be ascertained and proceedings justly determined.” (Emphasis added.)
Here, the trial court properly denied the motion because the appellant
offered no evidence of its scientific reliability as required by Evid.R. 702(C).
{¶ 12} With regard to the appellant’s argument that the exclusion of
the PBT evidence violated his Fifth Amendment right to due process and his
Sixth Amendment right to compulsory process, the evidence that he seeks to
have admitted is, as previously discussed, unreliable. Therefore, he suffers
Hocking App. No. 05CA8 7
no deprivation under either the Fifth or Sixth Amendment because of its
exclusion. To admit such untrustworthy evidence may result in unfair
prejudice and confusion of the issues.
{¶ 13} Accordingly, we overrule the appellant’s first and second
assignments of error, and we affirm the judgment of the trial court.
Judgment affirmed.
HARSHA, P.J., concurs.
ABELE, J., concurs in judgment only.

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San Diego drunk driving defense lawyer update

Lakers owner Buss placed on five years probation for drunken driving

September 4, 2007 (1 hour ago )

VISTA, California

Los Angeles Lakers owner Jerry Buss has pleaded guilty to misdemeanor San Diego California DUI.

Buss was sentenced to five years probation Tuesday and fined $1,900. He was not required to appear in San Diego DUI court.

Buss owns a home in northern San Diego County and was arrested in Carlsbad in May. He also admitted he drove with a blood-alcohol level of .13 per cent, above the state limit of .08 per cent.

The 74-year-old Lakers owner entered his plea through his California criminal defense lawyer.

Judge Martin Staven ordered Buss to take part in a first-conviction DUI program and attend a program administered by Mothers Against Drunk Driving.

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San Diego DUI criminal defense attorney Labor Day weekend news

Fatalities on San Diego County roads patrolled by the California Highway Patrol doubled this year compared to 2006, but San Diego DUI arrests decreased.

From 6 p.m. Friday to 11:59 p.m. Monday, six people were killed in traffic accidents, the CHP said. Three people died during the same period last year.

The number of motorists arrested on suspicion of San Diego DUI or San Diego drunk driving dropped from 111 in 2006 to 107 this year.

San Diego DUI attorneys have important information on how to help these folks.

www.Yahoo.com

California drunk driving defense lawyer news

Holiday DUI arrests well ahead of '06 pace
BUSY LABOR DAY WEEKEND FOR POLICE
9/04/2007

Between Friday and midnight Sunday, California DUI authorities made California 392 DUI arrests, an increase from 373 during the same period in 2006.

In Santa Clara County, officers arrested 107 people for California drunk driving during the same period of time.

That county arrest total for the first three days of the weekend had already surpassed the four-day total of 88 from last year.

One person died in a Bay Area drunken driving accident, according to the California Highway Patrol, but there were no fatalities in Santa Clara County.

Wright said that despite the well-known dangers of California drunk driving, too many people are still taking chances on the roads. Those caught will rely on California DUI defense attorneys for assistance.

Law enforcement authorities were set to release final arrest numbers early this morning. Last year, there were 578 California drunken driving arrests.

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



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



San Diego DUI Attorney Rick Mueller is the Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 23 years of experience. Known as the San Diego DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.



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




http://www.SanDiegoDrunkDrivingAttorney.net


http://www.google.com


http://www.sandiegoduihelp.com/duiblog/index.html


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San Diego criminal defense / Drunk Driving attorney news:

San Diego Reminds Public: Law Enforcement Doesn't Take Labor Day Off
California "Drunk Driving. Over the Limit. Under Arrest." Effort in Full Force, Cracking Down on Drunk Driving


SAN DIEGO, Aug. 27 PRNewswire-USNewswire — The San Diego Chapter of Mothers Against Drunk Driving (MADD) and California law enforcement agencies today kicked off a major drunk driving crackdown as part of the National Highway Traffic Safety Administration's (NHTSA) national crackdown: Drunk Driving. Over the Limit. Under Arrest.


MADD San Diego is teaming up with NHTSA, the California Office of Traffic Safety (CA OTS), the California Highway Patrol (CHP) Border Division and Avoid the 14 to implement tough enforcement of drunk driving laws over Labor Day Weekend. Avoid the 14, composed of the 14 law enforcement agencies in San Diego County, will be conducting extended-hour sobriety checkpoints and saturation patrols over the holiday weekend, joining more than 350 law enforcement agencies across the state who are stepping up their efforts.


To launch these enforcement activities and announce new state data, MADD and its partners are holding a press conference at the CHP Border Division office where key players on the state, local and national level will be discussing the crackdown and its goals. The CHP Border Division will also be offering ride-alongs during holiday crackdown activities to interested members of the media.


The timing for the crackdown 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 deadly decision to drive drunk.


"Last year in California, 25 people were killed over the Labor Day weekend in alcohol-related crashes," warned Chris Murphy, the California Office of Traffic Safety and Chairman of 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. No exceptions. No excuses."


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 were killed in 2006 due to alcohol-related crashes, while 3,052 were injured. Statewide, 1,276 Californians were killed in 2006 in drunk driving crashes in which the driver had a blood alcohol concentration (BAC) of .08 or higher. This past year, nearly 13,500 people across the nation were killed in drunk driving crashes in which the driver had a BAC of .08 or higher, according to the Fatality Analysis Reporting System (FARS) data from NHTSA.


"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 highly publicized, highly visible and frequent sobriety checkpoints reduce alcohol-related crashes and fatalities by an average of 20 percent. Drunk Driving. Over the Limit. Under Arrest. combines the mobilization of thousands of law enforcement agencies in all 50 states with an $11 million national advertising campaign to deliver the message that if you drive drunk, you will be arrested.


High visibility enforcement is one of the four components of MADD's Campaign to Eliminate Drunk Driving. The other elements include: mandatory ignition interlocks for all convicted drunk drivers, development of advanced vehicle technology to detect and stop drunk drivers, and mobilization of grassroots support.


"There's just no excuse for driving drunk," said Pat Hodgkin of MADD San Diego. "MADD's goal is to make it literally impossible for people to drive drunk. The vision behind the Campaign to Eliminate Drunk Driving is to use new technology, enforcement and community involvement to ultimately prevent a driver with a BAC of .08 or higher from operating a vehicle. Together with California law enforcement, we are diligently working toward a future without drunk driving crimes."


MADD's refusal to accept even one more drunk driving death is echoed in the stories from those who have lost loved ones. Nina Walker lost her daughter, a nursing student and young mother of a 3-year-old boy, in a drunk driving crash.


"People who drive drunk don't think of the consequences of their actions," Walker said. "But one terrible decision can mean a child will never know his mother, and it's a risk we shouldn't tolerate. If by sharing my story, I can stop someone from driving drunk and prevent another family from suffering as mine has, it will be worth it."


Nina hopes that her story will serve as a reminder when party plans are being made this Labor Day weekend.


"Situations like Nina Walker's are so unfortunate because they are completely preventable. The solution is clear: Aggressive enforcement of drunk driving laws reduces the number of injuries and deaths caused by drunk driving," said Chief Skip Carter of the CHP Border Division. "Together we can eliminate drunk driving in California."


NHTSA's national crackdown is conducted in partnership with MADD, the Governors Highway Safety Association (GHSA) and the International Association of Chiefs of Police (IACP).


About MADD

Founded in 1980, MADD's mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. MADD is a 501c(3) non-profit, grassroots organization with approximately 400 affiliates and 2 million members and supporters nationwide. The organization's trained victim advocates served more than 46,000 victims/survivors last year and has helped save more than 330,000 lives since its founding. For more information, please visit www.madd.org or call (800) GET-MADD.

San Diego DUI Lawyer Center Announces New Web Site Design and Online Resource Center for DUI Law in California Sun Sep 2, 3:01 AM ET



Attorney Rick Mueller, sponsor of the San Diego Country DUI Law Center, announces the redesign of the Center's web site, www.sandiegoduilawyer.com.

San Diego, CA (PRWEB) September 2, 2007 -- The new design for the San Diego DUI Lawyer web site allows access to many resources, such as San Diego DUI/DMV hearing information, California DUI and DMV penalties, military base DUI, California DUI breath and blood test defenses, and other DUI FAQs.

The Center's web site also discusses reasons for using a San Diego County specialist, addresses what to do if one is out of state and receives a DUI, and also what to expect if one receives a DUI while boating. San Diego/California-specific penalties and court locations are also listed for reference.

Rick Mueller addresses the newest industry trends, as well as important DUI news and tips, in his San Diego DUI Attorney Blog. http://www.sandiegoduilawyer.com/blog.html This comprehensive discussion provides a portal for users to learn more about the industry, as well as submit their questions or concerns regarding DUI laws. Users can also contact Rick Mueller through the free DUI survey on the web site.

Rick Mueller is known as the "DMV Guru" and speaks in numerous seminars on the topic of San Diego DUI Law. Rick Mueller is recognized as a contributor to the California Drunk Driving Law book, and is a Specialist Member of the California DUI Attorneys Association.

###

San Diego DUI Lawyer Center
Rick Mueller
8006191090
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San Diego DUI Lawyer Center Announces New Web Site Design and Online Resource Center for DUI Law in California

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San Diego Drunk Driving Lawyer Rick Mueller can help you beat San Diego DUI County police and avoid a San Diego DUI: http://www.SanDiegoDUIhelp.com .

Q. What is the best thing San Diego DUI drivers can do to help to stop San Diego area DUI police from making San Diego drunk driving arrests Labor Day Weekend?



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



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



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



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



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



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



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



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



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



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



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



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



True story...







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San Diego DUI criminal defense attorney inquiry

DUI checkpoint effectiveness questioned

Police say it is more effective than roving patrols

The American Beverage Institute claims that DUI checkpoints are ineffective at catching the hardcore alcohol abusers, and targets the responsible drivers who drink legally and responsibly before driving. Police refute this, stating that more DUI arrests per number of cars checked occur at checkpoints than by road patrol.

As this holiday weekend approached, police planned DUI checkpoints. This Labor Day is no different.

But for every holiday weekend, a group sends out press releases, claiming these DUI checkpoints are not effective in catching drunk drivers.

"We know that roving patrols are the most effective means of getting drunks off our roads, not to mention distracted and speeding drivers," said Sarah Longwell, American Beverage Institute's spokeswoman. "So why do some states insist on spending tax dollars on manpower and (public relations) to deploy a massive roadblock campaign?"

The ABI, made up of restaurant owners, states it is "dedicated to the protection of responsible on-premise consumption of adult beverages, and uses independent and government research to develop educational materials for people involved in the hospitality industry."

North Port Police Sgt. Tony Sirianni, who heads up the city's traffic and neighborhood stabilization unit, disagreed, saying that DUI checkpoints are effective in catching drunk drivers.

North Port has conducted two DUI checkpoints in 2007. Sirianni said that for each checkpoint, an average of 500 vehicles goes though, and about 140 vehicles at each are diverted for field sobriety tests and possible citations.

"The numbers speak for themselves. About 7 percent of vehicles diverted lead to a DUI arrest," Sirianni said.

North Port police made 19 DUI arrests so far this year for the almost 280 vehicles they diverted.

In contrast, road patrols are hit-and-miss, with some weeks without a DUI arrest, and other weeks with many.

A random week was selected by the Sun, and according to police records, road patrol accounted for 0.8 percent of DUI arrests when compared with traffic stops and patrol requests.

From Aug. 2-9, patrol units had 711 calls that were either traffic stops or patrol requests. A patrol request is when an officer concentrates efforts in an area, looking for drunk drivers, burglaries, or any other suspicious activities. During that week, police made six DUI arrests.

"These roadblocks target responsible adults who drink legally and responsibly before driving and are all too easily avoided by the repeat offenders and chronic abusers who make up the overwhelming majority of today's drunk driving problem," Longwell said.

She said government data show that the average blood alcohol content of a drunk driver in a fatal crash is 17 percent, more than twice the legal limit.

"These practiced offenders often use 'their knowledge of checkpoints to avoid arrest by selecting alternate routes,'" Longwell said federal government research shows.

Sirianni said that at checkpoints, there are one or two chase vehicles that will follow any vehicle that turns around to avoid the checkpoint, looking for signs of driving drunk.

Sirianni said it is unimportant where the DUI checkpoints are, and they do not purposely target areas down the street from a bar or restaurant.

However, some restaurants welcome the checkpoints, even allowing the police to use their parking lots.

San Diego DUI Help - www.Yahoo.com San Diego Criminal Defense information

MISSION BEACH, California

San Diego DUI police and sheriff's drunk driving deputies are stepping up their presence during Labor Day weekend.

San Diego DUI authorities said they will focus on the beach communities where many of the incidents typically happen on long holiday weekends.

San Diego DUI cops from the department of alcohol and beverage control are working with police and sheriff's deputies citing people with open containers of alcohol.

The San Diego drunk driving officers said they are looking for people who are drinking and getting behind the wheel. On Friday night, officers said they arrested 24 people for San Diego DUI in Pacific Beach.

San Diego drunk driving checkpoints are being set up across the county.

http://www.SanDiegoDUIhelp.com

San Diego California drunk driving defense lawyer news:

The CHP said that California DUI arrests are down this year, with 406 people arrested statewide, from Friday night at 6 p.m. through Saturday morning at 6 a.m. Last year, the number was 505.

San Diego County had 25 people arrested by the CHP for driving drunk, compared to 30 arrests in 2006. CHP patrols urban freeways and roads in unincorporated areas, local police agencies handle arrests in their own cities.

The San Diego Police Department said there will be at least one DUI checkpoint set up by SDPD, but its location will not be released until the last minute. San Diego Drunk Drivers won't be able to avoid the DUI checkpoints this year.

The Escondido Police Department will have a dual-purpose DUI checkpoint tonight, seeking intoxicated as well as unlicensed drivers. The location is “for drivers to find out when they get there,” a dispatcher with the Escondido Police Department said. Escondido Police will set up at 6 p.m., and it will last until 1:30 a.m.

Chula Vista Police Officers said there will be a “Zero Tolerance” policy this year, with multiple DUI checkpoints around the town.

Carlsbad Police Department uses DUI drunk driver checkpoints frequently, and encourages citizens to report drunks by a 911 call but there will be no DUI checkpoint tonight.

The San Diego County Sheriff's Department has the nationwide theme for the Labor Day Weekend, “Drunk Driving. Over the limit. Under arrest.”

The Sheriff's Department has allocated 30 units to look for San Diego DUI / drunk drivers. According to a statement released by the Sheriff's Department, a grant was issued to fund overtime for Sheriff's deputies to operate the San Diego DUI checkpoints.

Areas that will get extra sheriff's patrols include Lemon Grove, Imperial Beach, San Marcos, Encinitas, Del Mar, Solana Beach, Vista, Poway and Santee.

San Diego DUI checkpoints will continue through September 7.

Citing a recent spike in Americans driving while under the influence of alcohol the Bush Administration has introduced new legislation requiring impaired drivers to follow a speed limit twenty miles per hour above what is currently posted.

As explained by Tony Snow, Press Secretary to the White House: "It seems obvious to anyone that understands the situation. We want impaired drivers off the road as quickly as possible."

Snow then cited further evidence, "When speed limits are raised you see a decrease in the amount of gasoline consumed simply by car owners arriving at their destinations in a quicker and more timely manner."

When asked if other restrictions would be lifted allowing drunk Americans more freedoms on the road. Snow quipped, "Well, you pay taxes on both sides [of the road] why shouldn't you be able to drive where you want?"

Secretary of Transportation Mary Peters brought the point further home while speaking at Hillsdale College in Hillsdale, Michigan. "The means that law enforcement has for enforcing and detecting drivers under the influence is archaic at best. The cost to update the current system is, quite frankly, far too vast for us to pass along to the American tax payer."

Secretary Peters went on to show an elaborate PowerPoint presentation including several impressive looking graphs. Most notable was the amount of drivers driving impaired after midnight compared to those sober on the road.

With a wry grin on her face she announced to the crowd, "The proof is in the pudding. These numbers show there is no enforceable way for us to continue down this road. Those who consume beverages containing alcohol have the God given right to drive too."

Local drunk of Hillsdale, Carter McSwansroy, when informed of this information said, "I don't even own [a] car but I may have to pick one up. Then I'll just need to get a house to drive home too."

Hillary Dudman, area member of the nationwide watchdog group PArtY KILLers, was quick to point out, "This might not be the best of ideas and we're going to need a lot more information before we agree to this."

The bill is expected to be pushed through the Bush controlled Democratic House as early as next month and be up for debate in the Senate shortly thereafter.

http://www.time.com

San Diego Irish Drunk Driving criminal defense lawyer news

If police say San Diego DUI cases are too, high - look at Ireland: Drunk driving cases up 80% in 2006

In Ireland, there has been a significant increase in the number of road-related crime cases being brought before the district courts. Courts Service figures show more than 220,000 cases concerning road traffic crime came before the district
courts, an overall increase of 12% on figures the previous year.

The number of drunk driving cases being dealt with by the courts jumped by almost 80%. There were more than 6,700 dangerous-driving cases, a jump of 51% on 2005
figures. More than 400 people convicted of the offence received a prison
sentence, more than 1,200 people were handed down fines and almost 1,200 cases
were struck out.

Cases involving drunk driving were up to over 27,000. 804 people convicted of drunk driving were given a prison or detention sentence and nearly 11,000 received fines.

AUDIO:
Morning Ireland: Noel Brett, Road Safety Authority, discusses the latest figures
from the Courts Service on road-related crime cases -
http://dynamic.rte.ie/av/2283480.smil

VIDEO:
Jonathan Clynch reports that over 220,000 road traffic cases came
before the district courts last year, an increase of 12% on 2005 -
http://dynamic.rte.ie/av/2283601.smil

http://www.yahoo.com

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
years.



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




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



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



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



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