San Diego DUI help attorney - criminal defense lawyers news

DUI Police say they will step up patrols in the tower district Wednesday night, a popular destination for party goers.

The Fresno Police Department is hoping an increased police presence will keep people from drinking and driving.
Meanwhile, one Fresno man is taking a somewhat different approach.

"The message I hope they get is don't drink and drive. It kills people."

Jeff Banks says he's hoping this car on display in front of his family's business will save a life.

The family owns a towing business, and Banks says the vehicle was towed from the scene of a drunken driving accident.

Now he's using it to spread a message.

"I hate to say it but people are stupid. They keep drinking and driving, getting their cars impounded, drink and drive some more. They need something to slap them in the face. Wake up!" said Jeff Banks, Tip's Complete Automotive.

The in-your-face display went up about two weeks ago as the Fresno Police Department prepared for another night of increased holiday patrols.

Wednesday, as children head out to trick or treat, and adults celebrate with parties, Fresno Police will have a stepped up presence throughout the city in order to keep the roads safe.

There will also be a concentrated effort in Fresno's Tower District, a popular destination for the young and old.

"Because the Tower District has a number of clubs and venues that attract people, we want to make sure they make it to and from their destinations as safe as possible," said Sgt. Eric Eide, Fresno Police Dept.

But as the Fresno Police Department knows so well, they can't prevent every D.U.I. collision.

Jeff Banks says he's seen too many.

He's hoping if the threat of jail doesn't scare someone from getting behind the wheel drunk, the car on display will.

"We were getting so many drunk drivers, accidents from drunk drivers, it was just, wake up people, look what this does."

In addition to Wednesday night's patrols in the Tower District, Fresno Police are also planning to step in on some Halloween parties.

They'll be looking for people who serve alcohol to minors.

San Diego DUI criminal defense attorney news

Los Angeles, California

Kiefer Sutherland is refusing to sign autographs after fans posted photographs of his DUI (driving under the influence) arrest on the internet.

The "24" star was furious when fans started snapping away at him when he was stopped by police for making an illegal U-turn in Hollywood on September 25.

Photographs of the actor looking "tired and emotional" quickly appeared on several websites following his arrest and Sutherland has now decided to snub fans in the future.

Autograph collector Michael Wehrmann told the New York Post newspaper, "He was one of the best. He would always stand and sign for a half hour, but since his arrest, he's been telling collectors, 'I don't do that anymore. You guys screwed me'."

Last month, Sutherland pleaded guilty to DUI and agreed to serve 30 days for his DUI conviction and 18 days for violating his probation following a separate drink-driving arrest in 2004.

In a statement, the father-of-two said, "I'm very disappointed in myself for the poor judgment I exhibited recently, and I'm deeply sorry for the disappointment and distress this has caused my family, friends and co-workers on '24' and at 20th Century Fox."

Kiefer must surrender himself to a county jail on December 21 to start serving his 18-day sentence.

He will have until July 1 next year to serve the remaining 30 days, so it will not interfere with filming on his Emmy award-winning TV show '24' - in which he plays Counter Terrorist Unit Agent Jack Bauer.

San Diego California DUI defense lawyer info

Lawsuit targets cop tied to dropped DUI cases
Class-action status sought in U.S. court

October 30, 2007

A Chicago police officer whose alleged misconduct has caused dozens of DUI cases to be dismissed was sued Monday by a man he arrested last summer.

Officer John Haleas was disciplined this month for failing to follow procedures in a DUI stop, leading to 50 cases being dropped by Cook County prosecutors.

In a proposed class-action lawsuit filed in U.S. District Court, Noe Martinez alleged he was arrested for DUI after he left a Chicago tavern but before he had even started up his car.

The complaint alleges that Haleas wrote false reports and falsely imprisoned Martinez and others like him. The suit seeks unspecified damages.

"Basically, this officer has manufactured really countless false charges and lied under oath in the prosecution of those charges in literally hundreds of cases," said Martinez's attorney, Jon Erickson.

Martinez was arrested after leaving a Chicago lounge on June 7, according to the suit.

He contended he walked to his car in the 2000 block of North Parkside Avenue to use his cell phone and never put the keys in the ignition or drove away. Martinez was approached by Haleas and another officer, handcuffed and placed in a squad car, the suit said.

Haleas did not administer a sobriety test until at the Grand Central District police station, Martinez contended, and testing was inconclusive. Martinez was released but still charged with DUI, the suit said.

In reports filed in the case, Haleas alleged Martinez was driving and refused to take a breath test.

The city's Law Department had no immediate comment.

Erickson said he has spoken to 10 others arrested by the same officer who may join the suit. Martinez's own DUI case is pending, but the attorney said his client expects it will be dropped at his next court date.

"I can tell you this officer has created doubt about hundreds of DUI cases pending in our courts," Erickson said.

Police have said Haleas was given a one-day suspension and was reassigned to desk duty. He had been honored as one of the leading officers in Illinois in the number of DUI arrests logged.

San Diego DUI criminal defense attorney news

State Police will premier an important new tool in educating young drivers about the dangers of DUI / drunk driving /driving under the influence of alcohol.

A DVD video project, titled Choices, will be released across the state Tuesday through the department's Highway Patrol Division.

Initially, 100 copies will be available on an on-loan basis to public schools, churches and youth groups.

The video production has been one year in the making and was produced by the Arkansas State Police Video Support Unit with the assistance of Star City High School EAST lab students.

DUI defense attorneys news

Intoxicated Westlaw Editor Pleads Guilty to Vehicular Homicide

A woman admitted on Tuesday that she drunkenly drove the wrong way on the Jennings Freeway last March 27 and killed a man in a head-on collision.
Paige Bassett, 37, pleaded guilty to aggravated vehicular homicide and will face mandatory prison time -- between two and eight years -- at her Dec. 2 sentencing. Bassett killed Roger Harr, 60, of Brook Park, a widower who was on his way to his job as a security dispatcher for the Cleveland Municipal School District. With him were retirement papers he planned to file that day.
Shirley Jeung of Medina, Harr's sister-in-law, said she will ask Common Pleas Judge Steven Terry to impose the maximum sentence.
"Actually, I'd want more, but the law doesn't allow it,"Jeung said.
Bassett apparently drove down the freeway's West 14th Street exit ramp near Steelyard Commons, zoomed across three lanes and blasted into Harr's pickup with such force that his steering wheel was flush to the dashboard, said Cleveland Police Detective James McNamee.
She said she didn't remember much, and told police she had been drinking at Slam Jams, a former Flats bar that closed years before the wreck. Bassett was an editor for the legal publisher Westlaw, and her demolished car was littered with pages from the Ohio Revised Code.

San Diego drunk driving criminal defense lawyer news

CARLSBAD ---- A Camp Pendleton-based Marine was arrested Thursday after allegedly crashing into another Marine, leaving the second man injured, Carlsbad police said.

The crash was reported at 10:42 p.m. at the intersection of Carlsbad Boulevard and State Street after suspect Kevin Sullivan reportedly struck a motorcycle driven by Shawn Redfield.

Redfield suffered injuries including a broken hand, facial injuries and road rash, and was taken by Mercy Air helicopter to Scripps Hospital for treatment.

Sullivan was booked into the Vista jail on suspicion of felony driving under the influence / DUI / drunk driving.

San Diego DUI criminal defense attorney - shocking, breaking news

SAN DIEGO -- An allegedly-drunk drive accidentally drove the wrong way down a one-way street in the crowded Gaslamp District, allegedly striking several cars, prompting a police officer to unnecessarily and excessively fire a shot at her, and leaving the officer and a pedestrian with minor injuries, police said Sunday.

At that time, San Diego DUI police officers on foot patrol heard squealing tires in the area that led them to a car turning north on Fifth Avenue despite a barricade blocking the turn. There was no explanation for the presence of the barricade. Nor was it disclosed when the barricade was set up.

The driver allegedly drove past the officers to the corner of Fifth Avenue and G Street, where she allegedly tried to squeeze between a vehicle stopped for a red light and a parked police car, barely striking both.

The driver then allegedly drove the wrong way on G Street, a one-way street. As the driver crossed an intersection, the driver allegedly accidentally made contact with a pedestrian, police say.

The driver allegedly backed into another parked car, then drove forward directly at a policeman. The officer orally yelled (without a loudspeaker or bullhorn) for the driver to stop, but it was very noisy.

The officer fired one shot but luckily missed the driver who continued for one-half a block more trying to find a safe place to move the vehicle, before surrendering to police.

The officer and the pedestrian were both treated for minor injuries and released.

The driver was arrested and charged with two counts of assault with a deadly weapon, DUI and 10 counts of hit-and-run driving.

San Diego California DUI criminal defense lawyer news

CHP warns of DUI crackdown on Halloween

10/29/2007

The California Highway Patrol wants you to know it is dead serious about California DUI - drunk driving, especially on Halloween.

If you're caught for a California DUI / drunk driving / driving under the influence, California DUI officers will be treating you to time in the local jail.

Besides possible jail time, a California DUI violator faces the possible loss of his or her license, alcohol-treatment classes and other expenses that can top $10,000.

On the weekend before Halloween last year, the CHP arrested 1,258 people statewide for California DUI or California drunk driving or California driving under the influence.

One way to avoid problems is to designate a sober driver at the night's start.

A California Drunk Driving accident or California DUI is the leading cause of fatal traffic collisions in California, the CHP says. In 2006, it says, 1,597 people died in alcohol-related crashes, and 14 percent of those killed in alcohol-related collisions were under age 21.

Motorists are urged to call 9-1-1 to report suspected San Diego California drunk drivers.

California DUI criminal defense attorney info

Santa Barbara CHP officers arrest several drivers at a sobriety checkpoint in Goleta last night.

The checkpoint was held on Los Carneros Road between Raytheon and Cremona Drives.

Eight drivers were arrested for DUI out of more than 900 vehicles screened.

There were no DUI related collisions and the Highway Patrol says many party goers in Isla Vista had designated drivers or hailed taxi cabs.

San Diego California DUI criminal defense lawyer information

Why does Ashley Pattillo have a November 7 court date?

It's after 2 a.m. The 22-year-old Homer Glen woman has been stopped on suspicion that she's driving drunk, and she's being given a battery of field sobriety tests.

Orland Park police officer Marty Nitsche hits the streets on Thursday, Oct. 2.

Pattillo allegedly says she's just come from a local bar, where she was waiting on customers.

She's supposed to be keeping her head straight as she watches a pen that's being waved side to side in front of her face. She's unable to keep her head still. Pattillo keeps giggling as her head turns to look at the pen.

During the two-minute test, Pattillo apologizes half a dozen times. But, claiming she's sober, she never says what she's sorry for.

Even as alcohol-related traffic fatalities are on the long-term decline - nationwide, they have dipped 33 percent in the past 25 years - Orland Park police say incidents of drunken driving still are staggeringly high: For every one drunken driving arrest Orland Park police officers make on a weekend night, they estimate 100 other inebriated motorists don't get stopped.

During a weekend night shift patrolling the village's bar- and restaurant-lined streets, officers described drunken driving as an intractable problem, saying they don't know why the dangerous behavior hasn't been eradicated.

"With all the publicity that it gets, it's hard to believe that people still do it," Andy Boblak said.

Boblak is Orland Park's most prolific DUI nabber, catching about 30 drunken drivers a year.

To Boblak, the persistence of drunk driving rests in the nature of how alcohol affects the mind: Consuming alcohol impairs one's judgement, keeping a drinker from realizing that he or she is too inebriated to drive.

"Most people think that when their head is spinning, that's considered drunk and anything other than that is OK," he said. "You don't realize your speech is slurred."

Pattillo's stop was initiated moments earlier, when a concerned motorist called 911, telling the dispatcher a silver SUV was driving erratically south on LaGrange Road. Orland Park Police officer Marty Nitsche located the car, a silver Kia Sportage, a few blocks south, at 149th Street. After watching the car swerve and almost hit a raised median, he pulled it off the road, into the parking lot of Orland Park Place shopping center.

As the driver speaks to Nitsche, he notices she has a strong odor of alcohol on her breath, Nitsche would later write in his police report.

At first, she denies drinking.

"Right now she's lying to him, trying to claim she didn't have a drink," Boblak says.

Later, Pattillo says she's just had two drinks.

But Nitsche knows better. Her speech is "slurred and thick tongued," her eyes "bloodshot and glassy," as he later reports, so the officer asks her to step out of her car to take three tests. And she's just failed the first one.

Numbers down, problem persists

According to the national statistics, the number of alcohol-related traffic fatalities dropped from 28,000 in 1980 to 17,000 in 2006. "It's on a long-term decline," said Marti Belluschi, who has worked with an alphabet soup of anti-drunken driving groups, including Mothers Against Drunk Driving and the Alliance Against Intoxicated Motorists. "The frustration is that it's still going on."

In Illinois, 594 people died of alcohol-related crash fatalities in 2006, accounting for just under half of all crash fatalities, Belluschi said.

Each year, about 50,000 drivers are arrested in Illinois for driving under the influence, she said.

Some nights Orland Park police will nab three or four drunken drivers, many nights none, Boblak said.

When someone's caught driving drunk, they often are breaking two laws: The first is "driving under the influence," which simply means that a drug - usually alcohol but possibly another controlled substance - has impaired one's motor skills, reflected in skill tests such as the one Pattillo failed.

This law, commonly known as a "DUI," often is confused with the legal 0.08 blood alcohol limit. Under this state law, driving with a blood alcohol level at or above 0.08 is a second offense, commonly tested by a Breathalyzer test.

Concerned drivers are increasingly calling in possible DUIs because cell phones are now ubiquitous.

"They'll usually call it in, but they won't take it a step further and sign a complaint," Boblak said.

But without a signed complaint - or a police officer actually witnessing erratic driving and catching the motorist - there are no grounds to prosecute a drunken driver.

After Pattillo fails the eye test, she's asked to walk in a straight line and lead with her left foot. Before Nitsche asks her to begin, she starts walking. When he stops her, she says, "I'm so nervous. I'm so nervous." Then, when she starts the test again, she leads with her right foot.

Though police officers use specific tests to determine if someone's impaired, they're also using the same clues that any civilian looks for in determining if a friend is sober.

"One time, I had a girl tell me that she was the designated drinker," officer Shawn Walsh said. "Just as you notice when your friends are drunk, we notice, too."

Often times, deciding if a driver is drunk is a tough call. "It's a hard decision as an officer," Walsh said. "When you make a DUI arrest, you're taking someone's life."

Walsh reiterates that Illinois State Law doesn't forbid having any alcohol. "You just can't be impaired."

"What do I do when you're on the border line?" Walsh said. "You've taken the tests, and you're on the edge."

Belluschi thinks that the core problem of drunken driving is that campaigns against it focus on discouraging driving, not excessive drinking.

"In thinking about drunk driving, we continually look at the driving, driving driving," she said. "But we have to make sure that all the offenders get the treatment they need."

Another reason drunken driving persists, Belluschi thinks, is simply that people have done it without getting caught - and therefore think they can continue with impunity.

"One of the worst things that can happen is when you drink and drive home safely," she said. "Then, you're be more likely to do it again."

Though society has become intolerant of drunken driving in the past two decades, Belluschi says, she still sees more work.

"We have to make it not a threat to your macho-ness if I take your keys," she said. "The message has to be not that I am challenging you, but that I care about you."

More than two drinks

Pattillo is failing the third and final test. Her task is to raise her leg and look at it as she counts to 30. After Pattillo counts to 10, she loses her balance. She keeps apologizing.

"I'm so nervous," she says. "My heart is beating."

Nitsche asks her four times if she's willing to submit to a portable Breathalyzer test. "This will take the nerves out of everything," he says.

Pattillo declines, saying her boss at the bar warned her never to submit to the test.

He arrests her and whisks her across LaGrange Road to the headquarters.

Though there still are thousands of drunken drivers on the road each weekend, advocates see a solution: technology.

"Car manufacturers will put in alcohol sensors in steering wheels," AAIM executive director Charlene Chapman said. "It will be in every car in 20 years."

Engineers already have developed alcohol-sensing technologies, which keep a car from being driven when it gets a whiff of a drunken driver, but designers will need another 10 years to perfect the devices, Chapman said. Passing a federal law will take another 10 years, she thinks.

She compared the alcohol sensors, or interlocks, to seat belts. "They're in every car now," she said. "People take them for granted."

But it's not clear that automakers want the new technology to become mandatory. Wade Newton, a spokesman for the Alliance of Automobile Manufacturers, said car companies are supportive of a "comprehensive look" at interlocks but wouldn't say they are necessarily in favor of the devices.

"It has to be non-invasive," he said. The technology can't hassle the sober driver."

Boblak stays with Pattillo's car, waiting for a tow. To get her car back, Pattillo will have to pay Orland Park's impound fee of $500 - which was raised last summer to deter drunken driving.

In the station, Pattillo agrees to take a Breathalyzer. While waiting the for a Breathalyzer - authorities must make sure she doesn't vomit or bleed in her mouth, which could artificially inflate her blood alcohol level - she cries.

Seconds after she puffs into a machine, the alleged results are printed on a receipt. Nitsche alleges: .184, well over twice the legal limit.

A Santa Clara man convicted previously of causing a fatal crash while driving drunk has been sent to state prison for 25 years to life under the "three strikes" law for fleeing from police at up to 120 mph while under the influence under California DUI law.

Stanley Barrymore Newton, 49, allegedly had a blood-alcohol level of 0.20 percent - more than twice the legal limit - when he ran two red lights on July 8, 2006, while trying to evade a police officer in San Jose.

The officer was trying to stop Newton for driving his Toyota Camry over the solid yellow lines at Lincoln Avenue and Lonus Street. Newton refused to stop and got onto Interstate 280, where he sped away at up to 120 mph.

The officer stopped chasing him because of safety concerns but later caught up to him on a side street. Newton pleaded guilty in March to felony reckless driving while evading a peace officer and California DUI - driving under the influence of alcohol.

The evasion charge counted as Newton's third strike. He was sentenced Monday by Judge Andrea Bryan of Santa Clara County Superior Court under California's sentencing law that requires a term of 25 years to life for any convicted felon who has previously committed two serious or violent felonies, or strikes.

"This is exactly what the voters were thinking of, a scary kind of person who can harm anyone at any point," said Kevin Smith, the deputy district attorney who prosecuted Newton.

Amy Cornell, district attorney's spokeswoman, said, "Courts are often reluctant to (discount) strikes of this kind because they feel that DUI offenders are often a serious threat to public safety."

Allen Speare, Newton's California DUI / criminal defense attorney, handled the case.

Newton, who worked at two PW Markets in San Jose, had been in custody since February, when prosecutors learned that he was a three-strikes candidate because of a previous alcohol-related crash.

In 1988, Newton was driving with a 0.12 percent blood-alcohol level when he crashed a Chevrolet Camaro into a light pole on the Capitol Expressway, prosecutors said. A passenger in the front seat, 36-year-old Richard Frable - his then-wife's cousin - was killed. Two back-seat passengers sustained head injuries.

Newton's driver's license had been suspended at the time because of a previous DUI conviction. He was convicted of vehicular manslaughter, DUI - driving under the influence of alcohol and causing injury to multiple victims.

He was sentenced to one year in county jail and three years' probation. But after he violated his probation in part by not attending mandatory alcohol awareness classes, Newton was sentenced to three years in prison.

The vehicular manslaughter and causing injury convictions counted as two strikes for purposes of his sentencing this week.

"He was on the road, drunk again, and he was more drunk than the last time," said Assistant District Attorney David Tomkins.

San Diego California DUI criminal defense lawyer news

Weekend Before Halloween Typically Has High Number Of DUI Arrests

October 27, 2007

Sonora, California

Last year, the weekend prior to Halloween, the California Highway Patrol arrested 1,258 people throughout the state for California drunk driving - driving under the influence (DUI).

“A lot of people are going to have Halloween parties this weekend, and we know that there are going to be a number of adult parties,” says CHP Officer Tom Wills. “If you know that you are going to a party, you should be setting up a designated driver ahead of time.”

Wills notes that this is the first of the seasonal holidays, and many will take the opportunity to celebrate. The CHP does not discourage anyone from having a good time, but asks everyone to celebrate safely.

The CHP encourages motorists to call 911 to report suspected California DUI or drunk drivers.

San Diego Drunk Driving criminal defense attorney help

San Diego DUI criminal defense lawyer Rick Mueller is a Specialist Member of the California DUI Lawyers Association.

For immediate help, San Diego drunk driving criminal defense lawyer Rick Mueller offers a free San Diego DUI evaluation at

San Diego DUI Help

This gives you a chance not only to counter the DUI report by the San Diego County drunk driving police, but also to review your case and get all your questions answered by a San Diego drunk driving criminal defense attorney who has spent 23 years defending cases like yours.

San Diego California criminal defense attorney specialist Rick Mueller will get right back to you. Rick looks forward to analyzing the particulars of your San Diego DUI case and formulating your best strategy for San Diego DUI - DMV defense.

California DUI criminal defense lawyer news

TV host and actor Gary Collins was arrested for investigation of a California DUI - drunk driving - driving under the influence after a crash that police blamed on another driver, an 89-year-old man.

Collins, 69, was booked after the crash Tuesday in the San Fernando Valley. He was later released on $40,000 bond.

It wasn't clear whether Collins had retained a California DUI criminal defense attorney.

"He was not at fault in the accident," California DUI police maintain. "The other motorist failed to yield to oncoming traffic and collided with Collins' vehicle."

The actor's sports utility vehicle subsequently crashed into two parked cars, Harding said.

"Officers smelled alcohol on his breath and initiated a field sobriety test, which he failed," it is alleged.

Collins was uninjured. The other driver was taken to a hospital for examination of unspecified injuries, and the California DUI investigation was ongoing.

San Diego DUI defense lawyer news

After seven years of paying the consequences for a driving under the influence ticket, Tim Glaum was excited about returning to his career as a truck driver, but he soon found that wouldn't be possible.

When Glaum received a DUI, the California Department of Motor Vehicles reported the violation for seven years, but because of legislation passed under Senate Bill 597, DUI related convictions now stay on a person's DMV record for 10 years.

Glaum found out about the new law after he was hired as a truck driver and later told by the potential employer that he had the DUI on his record.

"It was embarrassing," Glaum said. "It made me look like a liar."

Glaum went to the local DMV where he found the DUI was in fact still on his record, and he found the law had changed to 10 years, although neither he nor the local DMV representative had known the law had changed, he said.

Glaum said for seven years, he had paid the price of getting a DUI and done everything required of him. Because of a learning disability and lack of other training, Glaum couldn't find another job that paid enough to support his family. He had been looking forward to again becoming a responsible member of the community, he said.

Last month, when the seven years was up, he had a truck driving job lined up, but when the company checked, the DUI was still on Glaum's record, as new legislation had extended the reporting period to 10 years.
"So basically, I was resentenced to another six years," Glaum said. "That's double jeopardy."

Effective January 1, 2007, new legislation extended the reporting period for DUI related offenses from 7 to 10 years for all "public requesters," including insurance companies, according to new California Department of Motor Vehicles Reportability Requirements.

Senator Tom Torlakson (D) Antioch, authored SB 597, which was sponsored by State Farm Insurance. State Farm argued in the bill analysis that the bill conformed to the "good driver" definition related to changes made in Proposition 103 and other legislation pertaining to drunk driving, including increased penalties that apply to two or more DUIs.

Glaum, however, contends that the change in reporting for 10 years will now cause some drivers to have back-to-back DUIs, that wouldn't have had two under the seven-year rule. Additionally, he says it is inherently unfair to drivers like himself who were convicted under the seven-year requirement to have the rules changed in midstream without them even being notified that the bill was in the legislature.

Glaum said he had suffered working at dead end jobs for seven years trying to support himself and his daughter, and he had done everything asked of him, including paying the fines, attending the DUI classes and quitting drinking completely.

Now changing the law was like changing a person's sentence in mid-stream for a past violation or crime, he said.

According to the new DUI Reportability Requirements by DMV, as of January 1, "If you request an out-of-house/public driving record printout, any DUI offense on your record will appear for 10 years from the violation date."

Still the change doesn't appear in the Vehicle Code. Rather SB 597 amends section 1861.025 of the Insurance Code, relating to auto insurance, according to the senate bill.

Still, Armando Botello, media information officer for DMV, said the DMV will keep drunk driving charges on a person's driving record because of provisions of the senate bill. Botello said the new DMV reporting rules are available at http://www.dmv.ca.gov/pubs/dui/reportability.htm.

The new law allows insurance companies access to driving record information to properly apply the new provisions of the Insurance Code established under the bill, to determine a customer's eligibility for a good driver discount, according to DMV. Based on the new laws, drivers with a DUI violation occurring within the past 10 years are not entitled to receive a good driver discount.

But with the DUI still on Glaum's record, he won't be able to work as a truck driver for at least three more years, and Glaum claims he was told by a DMV representative that the reporting period was going to increase to 13 years. However, Botello, the DMV spokesman, said that it will not increase to 13 years.

Still, according to DMV reportability requirements, a DUI remains on your driving record for 10 years and is reported to "all public requesters," including employers. DUIs that have gone off a person's record after seven years will reappear if they were received less than 10 years ago.

Glaum said he is going to protest the new legislation to everyone including the governor.

"If I have to, I will camp out on the governor's doorstep," Glaum said, "and I hope other people protest." "If the state can do this to me, they can do it to you by changing a law that affects you."

San Diego California DUI Checkpoint - criminal defense lawyer news

SAN DIEGO Drunk Driving news

A San Diego DUI - driving under the influence crackdown in Escondido put 10 people in jail Saturday morning, including two accused of strong-arm robbery.


The DUI Saturation Patrol was out from 6 p.m. to midnight Friday throughout the North County city.



In total, six people were arrested for suspicion of drunken driving or driving under the influence of drugs, two were arrested for suspicion of being under the influence of a controlled substance and two were arrested for suspicion of strong arm robbery.


Twenty citations for other traffic-related issues were also given during the special patrol, and 11 vehicles were impounded from drivers who did not have a valid license or who were arrested for other reasons.


One person was cited for allegedly possessing of marijuana. Additionally, one of the six people arrested for suspicion of driving under the influence of drugs was also charged with cocaine possession.


The special patrol was funded by a grant from the California Governor's Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI - Drunk Driving attorney - lawyer news for Halloween

Halloween could turn into a real nightmare for those who choose to drink and drive. Law enforcement agencies across Colorado will be working overtime during the holiday period to arrest impaired drivers, reports the Colorado Department of Transportation (CDOT). The stepped up Heat is On enforcement begins at 6 p.m. on Friday, October 26 and continues until 3 a.m. on Thursday, November 1.

“Halloween should be a time for scary costumes, trick or treating with the kids and good family fun,” said Pam Hutton, CDOT governor’s representative for highway safety. “But unfortunately, Halloween has also become a very dangerous and deadly time of the year due to impaired driving.”

According to the National Highway Traffic Safety Administration (NHTSA), 41 percent of all highway fatalities across the nation on Halloween night involved a driver or motorcycle operator with a Blood Alcohol Concentration (BAC) of .08 or higher, which is illegal in every state.

In 2006, 217 people died in alcohol-related traffic crashes in Colorado. Three-quarter of those killed were men and nearly one in six were riding motorcycles. Seventeen percent of victims were under age 21.

The Colorado State Patrol and more than 60 agencies have filed plans for increased patrols and saturation patrols over the 6-day holiday enforcement period. During last year’s Halloween crackdown, Colorado law enforcement agencies made 562 DUI arrests. DUI violators often face jail time, loss of their driver’s license, alcohol-treatment classes and other expenses that can exceed $10,000.

For a safer Halloween weekend, CDOT and CSP recommend these simple tips:

Designate your sober driver before going out and give that person your keys;
If you are impaired, call a taxi, use mass transit or call a sober friend or family member to help get you home safely;
Always buckle up – it’s still your best defense against an impaired driver;
If you know someone is about to drive while impaired, take their keys and help them make other arrangements to get where they are going safely.

California drunk driving attorneys news

DUI-related accidents in a Wisconsin County nearly quadrupled from the spring to the summer, making this past quarter one of the worst for DWIs in the county's history.

Local police call the crash on Western Avenue of Brown County one of the worst they ever saw. On July 30, three men -- all drunk -- died when their speeding car careened off a road and wrapped around a tree. One of the men had a blood-alcohol content nearly four times the legal limit.

Between July and September, there were eleven fatal crashes in the county. Thirteen people died.

During the same period last year, four people died in four crashes.

"For one quarter to have eleven fatal crashes involving 13 fatalities, that's a seriously bad quarter," Captain Randy Schultz of the Brown County Sheriff's Department said.

What's worse, according to Schultz, two-thirds of those crashes involved alcohol.

"Northeast Wisconsin accepts drinking and driving," Captain Schultz lamented. "It's almost like this is the cost of doing business. How do we change that?"

Frankly, Schultz doesn't have a solution and says he's out of options. Officers feel like they've hit a roadblock.

"How much more enforcement can we do, and education aspect? I don't know what other angles we can hit. And engineering, how do you engineer against drunk-driving crashes?"

These are questions officers fear will end in more scenes like the one on Western Avenue before they find answers.

California San Diego DUI drunk driving criminal defense attorneys news

The Scottsdale Police Department is telling alcohol drinkers in Scottsdale to "decide their ride" - an ambulance, a police car, or a taxi.

Officers from the department's downtown enforcement squad will visit area businesses, restaurants, and bars Friday night handing out posters in hopes the businesses will display them to remind customers the consequences of drinking and driving.

The posters read, "Decide your ride" across the top with letters highlighted to read "DUI." The posters also show an ambulance, a police car, and a taxi with a caption: "Make the right choice. Impaired drivers kill."

This comes about one month after the state's tougher DUI laws went into effect. First-time offenders now face higher fines and will need to install ignition interlock devices on their cars. "Super Extreme" DUI offenders, those driving with a blood alcohol content of 0.20 or higher, will face a minimum of 45 days in jail.

Despite the new laws, Scottsdale police have arrested 138 people since Sept. 19 for DUI, 21 of those for extreme DUI, according to the release.

Police said while a cab ride costs most people $20, a DUI arrest will cost much more in fines, fees, costly vehicle attachments and jail time.

Drunk Driving criminal defense lawyers news

Auburn senior basketball player Frank Tolbert was found not guilty of drunk driving Wednesday, according to an Auburn municipal court official. Tolbert was convicted of driving on the wrong side of a roadway and fined $117.

Auburn police Capt. Tom Stofer said Tolbert, 21, jumped a fence at United Auto Collision in Auburn, where his vehicle had been towed for parking in a restricted area. To exit the lot, Tolbert allegedly drove through a metal gate.

A nearby witness called police, who initiated a traffic stop at 3:17 a.m. on Sept. 20 and subsequently arrested Tolbert for driving under the influence or DUI.

Tolbert was acquitted of the DUI charge because his estimated blood-alcohol content was .05. Under Alabama law, a person with a blood-alcohol content of .08 is presumed to be intoxicated.

Drunk Driving while text messaging - California DUI criminal defense attorney news

A man is charged with drunk driving after hitting a train while reading a text message.

DUI police say the car driven by 38-year old Robert Gillespie crashed into the side of a Union Pacific freight train about 2 A.M. Tuesday morning.

When officers arrived, Gillespie was trapped in the car but alert and talking.

They learned about the cell phone and text message as they worked to rescue him.

He was charged with DUI - drunk driving.

San Diego DUI lawyers

A drunken driver crashed into an overturned car,
killing a man inside on Interstate 5 in University City today.

John Okief, 28, was booked on suspicion of felony drunken driving
roughly 2 a.m. collision in southbound lanes near Gilman Drive, according to
the California Highway Patrol.

The driver of a Volkswagen Jetta crashed, and the car came to rest on
its roof in the rightmost lane; one minute later, a Toyota struck it, killing
the Jetta driver. Okief was taken to jail after being checked out for minor injuries at Scripps La Jolla Hospital, according to the highway patrol.

A 24-year-old San Diego woman riding in the Toyota also was taken to
Scripps La Jolla with moderate.

San Diego DUI criminal defense drunk driving lawyers news

California (San Diego DUI news)

A woman arrested five times in six months on suspicion of a San Diego California DUI - drunk driving, including three times in the last month, was told by a judge not to drive after finding out she still had a valid license.

"You are not to drive under any circumstances," Superior Court Judge Patricia K. Cookson ordered.

Tiffany Adamo, of Ramona, pleaded not guilty Wednesday to the San Diego DUI - drunk driving charges through her San Diego California criminal defense lawyer.

She was arrested Saturday afternoon in a shopping center parking lot of this east San Diego suburb after she pinned a 7-year-old boy between her 2000 Toyota Camry and her mother's car, police said. The boy was not seriously hurt.

It came three days after the Ramona woman was arrested when police found her passed out behind the wheel and blocking traffic. It was Adamo's third arrest for suspicion of driving under the influence in the suburb since Sept. 27.

The California Highway Patrol and the San Diego County Sheriff's Department have also arrested her on suspicion of a San Diego DUI or driving under the influence.

Despite the multiple arrests, Adamo had a valid driver's license. The judge said Adamo has had two hearings before the Department of Motor Vehicles, which allowed her to keep her license because she showed that she was taking medication under a doctor's prescription.

Cookson granted a prosecution request to increase Adamo's bail from $250,00 to $1 million.

One more reason not to drink and drive: needles.

Tempe police may be following in the steps of Phoenix police and turning to drawing blood instead of using Breathalyzers to measure blood alcohol content, according to officials.

"Basically we want to make sure for these types of cases that we get the best evidence as possible in the most efficient means as possible," said Sgt. Mike Horn of Tempe police.

Tempe police currently use a combination of breath samples and blood samples depending on the types of situations, Horn said.

Horn said Tempe police administer a blood test if a fatality accident is involved.

"In misdemeanor cases we primarily use breath tests," he added.

Two of six Phoenix Police Department precincts, Desert Horizon and South Mountain, are using only blood samples for DUI tests, said Sgt. Chris Moore of Phoenix police's Vehicular Crimes Unit.

By 2010, Moore said they hope to use blood as the primary evidence collection for DUIs.

Moore said that when a suspect is pulled over, police officers take the suspect to the police station or to a DUI van to administer the test. They take two vials and one can be given to the suspect for independent testing, he said.

"Evidence can be obtained and analyzed till a later date and it's something we can hold onto if the defense attorney has questions at a later date," Moore said.

Phoenix police are turning to blood samples because it is considered the gold standard in the scientific community for analysis of evidence, Moore said.

About 40 percent of cases involve blood samples at this time, he added.

Phoenix law enforcement phlebotomists — a person trained for drawing blood for testing — attend a 40-hour school on how to draw blood from people, Moore said.

Tempe police statistics reported 1,436 misdemeanor DUI arrests in 2006, which are classified by a BAC between .08 and .15. Tempe police also reported 596 extreme DUIs, classified as anything more than a .15 BAC.

Film and media production freshman Nik Gravelle said he doesn't like the idea of having police officers administer a blood test.

"I think breathalyzers are good enough," Gravelle said. "People are being caught enough with breathalyzers. Let kids party."

California San Diego DUI criminal defense lawyers news

Out of 40,000 fatalities on America’s highways annually, drunk drivers account for 20,000 deaths. Untold numbers of drivers and passengers suffer dismemberment, whip lash, internal injuries, lacerations, contusions and broken bones.

Each accident occurs because chronic drunks hit the road with their 5,000 pound missiles! National studies show an average of 14,000 drunks drive our nation’s highways every hour of the day 24/7. No amount of driver training, gory crashes or continuing education stops drunken drivers from weaving through American traffic until they crash into someone.

On May 3, 1980, Fair Oaks, California, Candy Lightner’s 13-year-old daughter suffered death at the hands of a drunken hit-and-run driver that continued driving after numerous DUI convictions. "I promised myself on the day of Cari’s death that I would fight to make this needless homicide count for something positive in the years ahead,” Lightner said.

Lightner, a housewife, organized Mother’s Against Drunk Drivers, MADD. Years later, she resigned because her organization morphed into a “prohibition” stance instead of working for tough legislation against the crime.

Today, MADD operates contrary to the good of the American motoring public by hiding, even intentionally ignoring a growing highway nightmare: tens of thousands of drunken driving illegal aliens. According to Driven Magazine, Spring 1999, “The study was the first to analyze the fatal crash involvement of Mexican-Hispanic subgroups. This group had the highest rate of alcohol related traffic fatalities at 59.7 percent. Mexican-Americans followed with 52.5 percent.”

Every 14 seconds in America, someone suffers injuries in an auto crash. One person suffers death every 13 minutes. Every year, 3,000 children under eight die in car crashes.

The illegal Hispanic-Mexican population increased 57.9 percent in the past 10 years in America. From past statistics, Americans can expect greater danger on our nation’s highways.

Yet, MADD won’t go after the growing danger of unlicensed, uninsured illegal aliens causing death across America!

Driven Magazine reported, "In Mexico, the culture is very much a drinking culture. After a hard day at work, it is normal to end the workday by drinking beer. At social events - celebrations, visiting friends - it is commonplace to drink, for the men. Drinking alcohol starts early for male Hispanics--as early as age 12.

"Also, in Mexico, traffic laws are quite different and the use of seatbelt restraints is almost unheard of. So, when you combine the Hispanic drinking culture with the lack of education on drunken driving prevention, you end up with tragic consequences."

Driven continued, “Hispanics also believed that it takes six to eight drinks to affect driving. Even more discouraging is that statistics show that the overall death rate due to motor vehicle crashes is higher among Hispanics than it is among Anglos or African-Americans.

“U.S. Census figures show the Hispanic/Latino population is the youngest and fastest-growing segment in America. This rapid growth, combined with a higher tendency to drive after drinking, is a recipe for death.”

"The need to communicate lifesaving messages about drunk driving and underage drinking to the Spanish-speaking population is unquestionable," says Dr. Raul Caetano of the University of Texas School of Public Health and MADD national board member.

Unfortunately, MADD neglects to comprehend that we can’t change culture overnight no matter how much education. Culture takes decades to change. That means thousands of American lives hang in the gallows as millions of illegal aliens continue crossing into America.

This dilemma illustrates our national state of denial at the multitude of consequences facing us from the loss of the rule of law…from the loss of our sovereignty…from the loss of respect for our own society.

How could we stop the Mexican mayhem on our nation’s highways? Simple: close the borders. Create “attrition through enforcement” which would find aliens returning to their own country drinking and driving to their hearts content.

Beyond the Mexican dilemma, MADD’s lacks of creative ideas to stop drunken driving, which hasn’t changed since 1980 when Lightner formed the organization. Tens of thousands of Americans suffered alcohol driving related deaths since 1980.

For more information please visit: mothersagainstillegalaliens.org

Imagine how quickly we would have stopped drunken driving in America by this simple idea: 1. When a driver receives his/her license, he signs a document showing he understands the consequences of a DUI. 2. Upon receiving his first DUI, the driver loses his license for two years and he loses his car to impound storage for two years. He receives six months in jail automatically. He pays for hauling, storage and administrative fees. Private companies would love to store drunk driver cars. By losing the car for two years, the drunk driver couldn’t easily go out and obtain another one. 3. If the driver suffers a second ticket or DUI, he loses his license and car for four years. He goes to jail for one year, automatically with no exceptions. If he receives a third DUI, he is banned for life from driving with a felony record. 4. Each time, insurance rates double, then triple for each DUI. 5. If a friend loans his car to a drunken driving friend, the car goes to impound storage for the specified time period. If the owner wants it out, it will cost a flat fee of $2,000.00 or remain in storage for the allotted time. Cars never picked up after a specific time could be sold for auction.



This method guarantees the loss of cars for drunk drivers. They can’t pay the ticket and jump back into their car. This method would cut drunken driving 90 percent because when you take away their cars, you take away their ability to kill people. As it is, thousands of innocent lives in the past and into the future will continue a one way trip to the grim reaper because MADD beats around the bush and our nation’s leaders refuse to enforce the rule of law.

San Diego criminal defense drunk driving attorneys news

Florida Gulf Coast University senior Mike Harney, the school's record-holder, has been kicked off the Eagles cross country team after being arrested for first-offense DUI (alcohol or drugs) by campus police.

Harney, a 23-year-old North Fort Myers High School graduate, transferred from Cowley (Kan.) Community College after his freshman year. He immediately became the Eagles' best runner and holds seven of the school's top-10 times, including the record of 26:50.

DUI lawyers San Diego California criminal defense attorney news

Sacramento Undersheriff Tom McMahon confirms two deputies, one a sergeant, have been arrested for DUI in the past two weeks. In one incident October 4, the sergeant was initially let go by a Roseville officer after the stop. Both the deputies were off-duty at the time of the separate incidents.

Sgt. Christopher Guerrero, 41, has now been charged with misdemeanor DUI by the Placer County district attorney. Those charges come almost two weeks after he was stopped on Douglas Boulevard near Harding in Roseville, suspected of drunk driving, but allowed to avoid arrest and be driven home by another, sober driver.

As McMahon was addressing the issue of Guerrero's arrest Wednesday, he revealed that a few days after that October 4 incident, another off-duty deputy was arrested in Sacramento County on suspicion of drunk driving. McMahon declined to release that deputy's name or details of the incident, only saying the arrest was made by an officer of another law enforcment agency within the county.

Initially, McMahon said it had been several years since a deputy had been charged with drunk driving. But there is the second DUI cop.

The Roseville incident has kicked off two separate internal investigations. The sheriff's department is investigating Guerrero's actions, and the actions of two other off-duty deputies who may have tried to intervene during the traffic stop.
Meanwhile in Roseville, the police department is investigating the actions of their officer involved, and why the deputy was apparently given preferential treatment.

The department claims it remains committed to fair and impartial law enforcement, including diligent enforcemnent of DUI laws for the protection of the community. Why are cops getting a California DUI or drunk driving?

Sacramento County Sheriff department's internal investigation may not be complete until later next week. Depending on the outcome of the investigation, he said all three deputies could face discipline for conduct unbecoming an officer.

McMahon said neither of the arrested deputies face termination, and both remain on the job pending the investigations because their duties are not driving a county vehicle. Guerrero is a sergeant in the jail.

"It is something we do not condone. It is something we need to be responsible to the community for, and we will," said McMahon.

The DUI charges against Guerrerro are misdemeanors.

San Diego California DUI attorneys

DUI prosecuters want to get California drunk drivers for murder, was inspired by death of Orange councilman.

Gov. Arnold Schwarzenegger and lawmakers from across the state gathered in Santa Ana Wednesday to commemorate new DUI legislation inspired by the death of Orange city councilman Steven Ambriz.

“This bill was named after Steve Ambriz,” Schwarzenegger said at somber press conference attended by Ambriz’s widow, Bridget, and their 4-year-old daughter, Kaitlyn. “He was an extraordinary public servant and a friend to the people of Orange County.”

Ambriz, 35, was killed in a traffic accident last year by a woman who plead guilty to driving under the influence of methamphetamines. She was sentenced to 10 years in prison for gross vehicular manslaughter while intoxicated and for possession of marijuana. It was the maximum sentence under law.

The Steve Ambriz Act attempts to increase the penalty by requiring all Californians applying for or renewing a driver’s license to sign a statement acknowledging the dangers of driving under the influence of drugs or alcohol.

Such statements will make it easier for prosecutors to pursue second-degree murder charges against those who kill while driving under the influence or DUI / drunk driving.

California San Diego Lawyers - criminal defense - DUI & drunk driving news

Bainbridge Public Safety Officer Collin Hastey made a DUI arrest Tuesday night after he stopped Patrick W Bell, a sexual predator.

Officer Hastey saw a car make a wide turn onto MLK. The car then turned on its left signal, turned it off and then turned on his right signal. The vehicle made a right turn onto Collier in front of Hutto Middle School.

As Officer Hastey was calling in the tag, the car stopped in the road, and Patrick W Bell got out. So then Officer Hastey turned on his blue lights. The tag came back with no insurance. Officer Hastey also smelled alcohol and tested Mr Bell.

Patrick W Bell was charged with DUI or drunk driving.

DUI California drunk driving defense San Diego attorneys news

Top DUI cops recognized

RID, the group Remove Intoxicated Drivers, paid tribute at Carlouel Yacht Club Sept. 27 to area law enforcement officers and others dedicated to getting DUI / Drunk Drivers / impaired drivers off the road.

Community awards were presented to the Salvation Army, Community Traffic Safety, Suncoast Safety Council and Juvenile Arbitration. Law enforcement awards went to representatives of nine police departments, the Florida Highway Patrol, the Pinellas County Sheriff’s Office and three state attorneys for their prosecution of DUI cases.

Officer Robbi Arkovich of the St. Petersburg Police Department received the top RID honor, the Joni Award, for achieving 1,000 DUI arrests. The award is named after Joni Carey, who was killed by a drunk driver.

DUI - Drunk Driving criminal defense lawyers news

A state lawmaker was arrested overnight for DUI - driving under the influence of alcohol after crashing his car.

Vice Speaker of the House -- Representative Jon Karamatsu -- pled not guilty in court this morning.

Police say Karamatsu's blood alcohol content was 0.171 -- more than twice the legal limit.

Despite that "not guilty plea," Rep. Jon Karamatsu told me he did have some drinks before the crash, but thought he felt ok to drive.

Around 1:15 in the morning, Karamatsu was driving on the Moanalua Freeway westbound, heading home from a social event in town.

"You know I had a couple drinks. It was a social event for elected officials and a mixer," said Karamatsu.

Karamatsu says he's been having car trouble lately.

"When my car bogs I have to step on the pedal more and so it jerked and I lost control. And it veered towards the pillar and so I don't know if my instant reaction was to turn or something to get away from the pillar," said Karamatsu.

His car slammed into the concrete median at the Ahua Street overpass near Mapunapuna.

He escaped with minor injuries.

"Luckily I turned it and the car probably saved me by hitting that side," said Karamatsu.

Karamatsu called police, and was arrested for driving under the influence.

Police say Karamatsu's blood alcohol content was 0.171 -- more than twice the legal limit.

"I actually did support legislation on DUI issues so it's kind of ironic that I'm involved in allegedly involved in a situation like this," said Karamatsu.

Drunk Driving San Diego California criminal defense attorneys update

A man who had twice been convicted of DUI - driving under the influence entered a plea on charges of DUI manslaughter Tuesday and received a sentence of 13 years in prison.

According to the state attorney's office, the charges were in connection with the death of Glenn R. Roy, who died after his van was struck by the van Defendant Finch was driving the wrong way on State Road 77. According to Meadows, Finch drove head-on into the northbound lanes of Highway 77.

Meadows said the laboratory of the Florida Department of Law Enforcement put Finch's blood alcohol level at .331. The limit is 0.08.

The state attorney's report said Finch had twice been convicted of DUI previously, with his license revoked for five years for a 2004 Washington County conviction.

Florida law requires that an inmate serve at least 85 percent of a sentence.

Underage DUI - San Diego California attorneys criminal defense drunk driving news

Students received a life lesson Tuesday afternoon as they heard about the dangers of underage drinking and driving.

In the shadows of several recent teen traffic fatalities in Saline County, more than 100 Carrier Mills students packed onto the bleachers of the high school gymnasium where the slogan "Don't Be Sorry" was presented.

"I'm not here to preach to you guys," said Ted Penesis, industry education manager for the Illinois Liquor Control Commission. "We have an important message for you. Don't be sorry."

Penesis kept his comments short but powerful as he ran through the multitude of negatives behind drinking underage.

"You are five times more likely to be an alcoholic if you begin drinking at 15 (years old) or below than if you start when you are 21," Penesis said.

Next, Marti Belluschi took to the podium and told the students about legal consequences for being caught drinking and driving. She talked about homicides, suicides, drowning, and other injuries and deaths that occur from teens partaking in alcohol-related activities.

She then turned the mood of the presentation from statistics to the story of her life.

"Based on my experience, I unfortunately know more about drunk driving than anyone ever wants to know," she said.

As Belluschi told the students about an accident in which a car she was riding in was hit by a drunk driver, many kids stopped talking, stopped looking around the gymnasium, and focused their full attention on her.

At the age of 15, Belluschi was riding in a car with her father when they were struck by a drunk driver. She received serious injuries from the accident; doctors did not know if she would live, she said.

"They couldn't tell my mother I was going to live," she said. "I was just a normal high school student on the way to see my friends just six hours before. I was in a coma for five days because of that man."

She told the students she is reminded of the accident each morning when she looks at her face - a face she said is not her own because of the extensive amount of reconstructive surgery.

"I do my work for you and for your classes because teens who drink and drive tend to kill themselves and kill their friends," she said. "In too many cases they are good teens making bad decisions."

Belluschi said 43,000 people are killed in American each year because of car crashes. Among those, 17,000 are alcohol-related.

She went on to say 2,300 teens are killed each year as a result of drinking and driving and of those 100 are from Illinois. "That's no football games, no prom, no limousines, no marriage," she said. "That is dead and buried."

State Farm Insurance released statistics for 2005 that show 193 Illinois teens were killed in traffic accidents.

California San Diego criminal defense lawyer news

Northfield man's successful challenge to his breath test results after being arrested on suspicion of drunken driving could open the floodgates in Minnesota and around the country.

Last month, Dale Lee Underdahl got to keep his driver's license after a Dakota County judge ruled that results of the breath test - in which Underdahl's blood-alcohol level was determined to be 0.23 percent, nearly three times the legal limit to drive - could not be used to revoke his driver's license. Underdahl's attorney had demanded a copy of the breath test machine's source code to help determine if it worked properly, and the manufacturer would provide it only with reams of stipulations.

Dakota County Judge Richard Spicer said the company's response was "too little, too late."

Judges and defense attorneys say the "source code defense" is becoming a common argument for defendants hoping to keep their driver's licenses. Underdahl's case also could be cited in legal appeals for cases that already have closed.

"We plead it in every single DWI case we do now," said Marsh Halberg, of Halberg Criminal Defense in Bloomington. "Any attorney worth his salt will be pleading for the source code."

Minnesota joins courts in Florida, Georgia and New Jersey that have wrestled with manufacturer CMI Inc., of Owensboro, Ky., over access to the Intoxilyzer 5000EN source code. In Florida, hundreds of DWI cases have been stuck or thrown out while awaiting the code, and judges in Sarasota and Manatee counties have fined CMI more than $100,000.

In his Sept. 25 order closing Underdahl's civil case, Spicer noted that the Intoxilyzer has been used to revoke "tens of thousands" of driver's licenses in Minnesota and prosecute an equal number of drivers. Minnesota authorities used the machine 34,000 times last year.

Many of those cases spent months on hold, awaiting a Supreme Court decision that determined the source code was, indeed, "discoverable" evidence that Underdahl could request at trial.

But the Supreme Court opinion, issued in July, stopped short of requiring that the computer code be presented or evaluated for the Intoxilyzer results to be trusted. Instead, the justices left that decision in the hands of trial court judges.

The aftermath of the Supreme Court ruling has been a hodgepodge, said Underdahl's attorney, Jeffrey Sheridan. He now challenges Intoxilyzer results and demands to see the code in all his cases, but he doesn't expect to always get the same result.

"We're back to fighting about each individual case," Sheridan said. "Now there is an order from the state's highest court saying this stuff is absolutely discoverable ... but they didn't say judges had to order it. Some judges are ordering it, and some are not."

"We're kind of in somewhat unchartered waters here. ... (It's) piecemeal," Sheridan said.

Spicer set an Aug. 17 deadline for CMI Inc. to release the code, but the company missed the deadline and later asked for extra time. Then, on Sept. 18, CMI agreed to release the code if dozens of conditions in an 11-page protective order and nondisclosure agreement were met.

"I am taking actions ... to allow controlled viewing of our source code," wrote CMI President Toby Hall, in a Sept. 25 letter to its clients.

Among the many stipulations: The source code would be shared only with expert consultants approved by the company.

Another stipulation: The agreement would be enforced by a judge in Daviess County, Ky.

Some judges have balked. In the Underdahl case, Spicer wrote that CMI's slow response showed "a serious lack of insight and concern for the orderly administration of justice in this state."

But other judges - most recently, one in Wright County, Minnesota - have signed on the dotted line.

"There are different judges that have looked at the issue and come to different decisions," said Dakota County Judge Ed Lynch, assistant chief judge of the 1st Judicial District.

Even without Intoxilyzer results, a defendant still might be found guilty of drunken driving based on other evidence, such as slurred speech, erratic driving or his or her own admissions when stopped by police. The breath test results are used to prove the driver's blood-alcohol level was in excess of 0.08 percent, a separate and more difficult charge to prove than driving under the influence.

DWI cases are prosecuted in both civil court - which deals with driver's license revocations and license plate impoundments - and criminal court, where penalties can include prison sentences. To date, defense attorneys have mostly used the "source code defense" in civil cases.

But that may be changing.

"It started on the driver's license side and is now spilling over to the criminal side," Halberg said. "There are people that have been delaying their cases until (the Underdahl decision) came down. There have been some cases that have gotten really good deals."

Underdahl may get a second chance to test his "source code defense" this week. His criminal case is set to proceed before Spicer on Wednesday.

San Diego criminal defense lawyers & drunk driving / DUI attorneys news

Eighty-five percent of Israelis believe the law should show zero tolerance toward drivers under 21 who have any alcohol in their blood, according to a survey released Monday by the Or Yarok road safety organization.

The survey of attitudes toward drunk driving supplements Or Yarok's "White Paper," a list of recommendations aimed at reducing the phenomenon.

At least 15% of traffic accidents in Israel are caused by drivers under the influence of alcohol, according to the Danek Gertner Institute. But that number only includes people involved in collisions. The real figure is higher, said Or Yarok spokesman Aharon Latitot.

The 15-page White Paper is addressed to the Transportation Ministry's National Road Safety Authority and includes recommendations based on measures used in countries that have successfully lowered drunk driving, such as Sweden, Australia and The Netherlands.

Or Yarok said the authority should take the lead and create a comprehensive, long-term plan to battle drunk driving.

The authority should also step up its collection of data from traffic accidents that involve alcohol, create a comprehensive database of the information and make it public, Or Yarok said.

The White Paper calls for tighter laws on drunk driving, including swifter punishment for lawbreakers. According to the recommendations, the government should:


Make it illegal to have any alcohol in your bloodstream for: drivers under 21; public transportation drivers, heavy truck drivers and people who've been convicted of a drunk driving offence.

Ensure that breathalyzer results can be admitted as evidence in court.

Anchor the maximum legal blood alcohol content for drivers, 0.05%, in law rather than in regulation, as is currently the case.

Have the Israel Police increase random alcohol checks and ensure that 33% of drivers are tested each year

Publicize these efforts in an intensive campaign and warn drivers that drunk driving laws will be fully enforced, which includes towing the cars of violators and suspending their drivers' licenses.
"Surprisingly, more people are deterred [from drunk driving] by the chance of being caught than by the odds of being injured in an accident," said Latitot. "The best solution to the problem is to make sure that nobody will think about sitting behind the wheel after drinking alcohol."

The public awareness campaign should also explain the dangers of driving under the influence and suggest ways that people can avoid it, such as the use of a designated [sober] driver or public transportation.

"We want to make it socially unacceptable to drink and drive," said Or Yarok in the press release announcing the White Paper and accompanying survey of 515 people.

The survey found that 75% of Israelis don't respect people who drink and drive; 2% said they did respect such drivers.

"Things have begun to change in the last year thanks to increasing public awareness," Latitot said. "The social acceptance of drunk driving is much lower than one would have thought."

DUI criminal defense lawyer info

Bail was set at $100,000 Monday for a 21-year-old Gardnerville man who reportedly drank a 12-pack of beer on the courthouse lawn while he was out of custody for DUI - drunk driving.

Martin Ruiz was jailed Oct. 10 after officials found him drinking beer at 9 p.m. on the courthouse lawn. He told deputies he was despondent because his girlfriend broke up with him and planned to turn himself in.

“I will not touch another beer or drive,” he said. “I have a bicycle and I want to get back to work to save money.”

Ruiz was arrested for reportedly driving 70 mph down the grade with a blood-alcohol content of .104, over the legal limit of .08 for driving in Nevada.

Ruiz and his passenger were injured along with the driver of the other vehicle.

Ruiz was charged with driving under the influence causing substantial bodily harm and faces up to 20 years in prison if convicted at trial.

He pleaded not guilty to the charge. He and his DUI criminal defense attorney rejected a plea agreement which recommended a minimum sentence of 2-5 years in Nevada State Prison.

DUI - Drunk Driving Attorneys - Criminal Defense Lawyers - Sports DUI update

St. Louis Cardinals manager Tony La Russa's drunk-driving case in Palm Beach, Fla., was postponed on Monday until Dec. 3.

La Russa was not in court when it was decided to delay the hearing. The 63-year-old manager was arrested on March 22 and charged with DUI- drunk driving after police confirmed they found him asleep inside his sports utility vehicle at a stoplight near the Cardinals' spring training facility in Jupiter, Fla.

Tony La Russa managed the Oakland A's and St. Louis Cardinals to World Series titles during his managerial career.

La Russa allegedly registered blood alcohol levels of 0.093 and 0.092 in two arguably unreliable, untrustworthy &/or inaccurate breath samples on inferior DUI machine equipment. The legal driving limit in Florida is 0.08 so there are a number of issues for his DUI Criminal Defense Lawyer.

San Diego Attorneys DUI news

SAN DIEGO Drunk Driving

A Normal Heights business is mopping up Monday after a car crash struck a hydrant and created a flood.

The incident happened at 35th Street and El Cajon Boulevard, San Diego DUI police say.

Police said a San Diego DUI driver allegedly ran a red light, struck two other vehicles and then fled the scene.

The driver was later arrested on suspicion of San Diego Drunk Driving or DUI.

San Diego DUI attorneys

A 26-year-old Ramona woman has been charged with DUI - driving under the influence for the 3rd time in 2 weeks after an incident Saturday in which a young boy was pinned by a shopping cart against a parked car.

DUI Police said the woman was allegedly driving near the Target store in the Grossmont shopping center parking lot on Grossmont Center Drive when her vehicle struck a shopping cart. She then slowly pushed the cart into a boy who was standing with his mother next to their parked car, police said. The boy was pinned between the shopping cart and car.

The woman eventually backed up and tried to drive away, but the boy's mother blocked her departure until police arrived. The boy had slight injuries to his stomach and chest and was taken to a hospital.

Police said the driver showed signs of being the under the influence of narcotics and had prescription drugs in her possession.

Records show the suspect's DUI arrest was her fifth since May.

DUI criminal defense lawyer news - University drunk driving info in Idaho

Alcohol is commonly considered a social lubricant in college. Boise State University students and community members often find themselves having a few drinks to relax and have a good time when at football games, concerts, parties and bars.

There is no reason to condemn the consumption of alcoholic beverages if you are of age and being responsible.

However it is critical to remember one thing when drinking: no matter what, do not drive. Far too often people decide to drive under the influence of alcohol.

Driving under the influence (DUI) is a serious criminal offence.
Not only does driving under the influence carry consequences if caught, but it also endangers the driver, passengers and everyone else on the road.

According to the Idaho DUI and DWI Laws Website, “If your blood alcohol content (BAC) inches above .05 percent, you are twice as likely to cause an accident.”

The Website goes on to say that as a person’s BAC reaches .10 percent, the likelihood of being involved in car accident increases six times.

A BAC level of .15 percent will ensure not only a bad hangover the next morning, but also the chances of getting into an accident increase 25 times.

These statistics apply to all alcoholic beverages, not just beer.
“While studies show that the highest number of alcohol-related accidents were the result of a beer binge, wine and liquor are just as likely to give you that dangerous buzz before driving,” according to Idaho DUI and DWI Laws.

Besides these disturbing statistics, driving under the influence also carries serious penalities. A first conviction for a DUI carries up to six months in jail, up to a $1,000 fine and a driver’s license suspension from 90 to 180 days.

If convicted of a second DUI within five years the penalty is up to a year in jail, up to a $2,000 fine and a license suspension of one year.

More than two DUIs in less than five years it could turn into a felony conviction.

The possible penalties for a third (or more) DUI in less than five years include a mandatory 30 days in jail, the possibility of up to five more years of imprisonment, up to $5,000 in fines and from one to five years of license suspension.

Police use BAC to check if someone has had too much to drink.

According to Idaho Law, for those under age 21 the legal BAC limit is 0.02 percent.

A single drink (one shot of liquor, five ounces of wine or 12 ounces of beer) will put a minor over the limit.

If someone is 21 years of age or older and is driving or operating a commercial vehicle the limit is 0.04 percent.
This is about one drink, depending on the person’s bodyweight.

If someone is 21 or older and driving their own vehicle, the limit is 0.08 percent.

This essentially means they can legally have a single drink before driving, maybe two over time, but probably shouldn’t have more than that.

Many people are probably acquainted with people that believe they can drive perfectly fine after drinking.

They might even know someone who thinks they drive better while intoxicated.

They are wrong.

Those people should consider friends’ and family’s lives, the lives of all other motorists and their own life before they get behind the wheel.

Designating a sober driver or calling a taxi is much safer and cheaper than getting a DUI.

For more information on Idaho’s policies concerning DUI, visit the Idaho DUI and DWI Laws Website at: www.dmv.org/id-idaho/automotive-law/dui.php.

Drunk Driving criminal lawyer - DWI defense attorney - DUI criminal defense news

Law enforcement personnel have a new tool at their disposal when it comes to controlling drunk drinking. Texas House Bill 1810, enacted in September, allows officers to obtain blood specimens for habitual driving-while-intoxicated offenders without the suspect’s consent.
Under the old law, a law enforcement officer can measure the alcohol content using breath analysis or blood from a suspected drunk driver without consent only if another person has died or suffered serious bodily injury.
With the passing of House Bill 1810, habitual offenders, who are defined as individuals with two or more DWI convictions, are required to submit specimens.
In the past, repeat offenders could choose whether to submit specimens. More than 70 percent of the time repeat offenders refused the test, according to NHTSA.
Probable cause to search the individual must be established before a suspect is required to give a specimen, and a warrant must be obtained by the peace officer before the test.
Safety and security prompted the legislative committee that oversees drunk driving to bring the bill forward, and Burleson Police Chief Tom Cowan supports it. Since 1996, Burleson police have arrested more than 2,000 people for DWI crashes. Drunk-driving wrecks account for more than one-third of all wrecks in the city.
Sgt. Melvin McGuire has seen his officers employ the new technique on certain occasions but reiterated the criteria needed to effectively use it.
“We can obtain a search warrant on a person previously twice convicted of DWI or if someone dies in an accident,” McGuire said. “We can use a fax machine to get a hold of a judge to issue the warrant.”
Jeremy SoRelle, a defense attorney who specializes in DWI cases and handles some in Johnson County, said DWI cases will probably be handled more quickly with the new law but did not speculate how much impact it would have in court.
“It seems like [the law] is an automatic step,” he said. “I really don’t see this having too much of an effect because if someone is a habitual offender their chances of doing it again are great with or without the new law.”
In the battle for evidence in a DWI case, time becomes the enemy for officers.
Alcohol leaves the body through sweat and urine within hours after consumption, so officers must move quickly to obtain evidence, otherwise the results could be skewed.
The Burleson Police Department does not have a portable breath analysis unit, and suspects in DWI cases are brought to the justice center and asked to submit to either breath or blood testing. In some cases, it could be hours before a specimen is given, and a person’s blood-alcohol level can drop in the interim, McGuire said.
The new bill makes it easier to collect evidence at the scene — evidence that may include a video recording and videotaped field sobriety tests.
Still, many DWI offenders beat the system and do not submit to the test.
“This will allow us to learn the alcohol concentration of a habitual offender and make it a fact in court,” Cowan said.
Before the bill was put into effect, McGuire said his officers went on clues collected from the field sobriety test. He said clues such as an odor of alcohol, dilated eyes and poor dexterity send red flags to his officers about an individual’s alcohol concentration.
A person with a blood alcohol concentration above .08 is considered intoxicated under Texas law.
Before 1999 the limit was .10.
With more and more drunk drivers on the road, both McGuire and Cowan agree that the timing of this new bill is perfect.
“We see as many as three DWI cases a week,” Cowan said.
The National Highway Traffic Safety Administration estimates that three out of every 10 Americans will be involved in an alcohol-related crash at some time in their lives. Texas ranks second in the nation, behind California, in traffic deaths annually with 3,500 traffic deaths reported in 2005, and nearly half were alcohol related, according to the NHTSA.
And the risk of a repeat drunk driver becoming involved in a fatal crash is 40 percent greater than an individual without any convictions.

Drunk Driving San Diego DUI criminal defense DMV news

San Diego County, California

An alleged San Diego California DUI / drunk driver ran off a road into a house Sunday morning in Ramona, authorities said.

The alleged DUI / Drunk Driving accident was reported at 4:19 a.m. at Open View Road and Arena Way in the San Diego County Estates, an affluent part of Ramona, San Diego County.

The alleged driver, a man in his early 20s, was cited on a charge of a San Diego County California DUI - driving under the influence / drunk driving.

No one in the home was injured.