Tuesday, September 30, 2008
San Diego DUI attorney deal for Silva?
San Diego DUI attorneys report that the Oceanside woman charged with felony child endangerment stemming from a road-rage dispute with an off-duty police officer waived her right to a preliminary hearing Monday amid negotiations that could result in a San Diego DUI plea agreement.
Rachel Silva, 27, and her 8-year-old son were both shot and wounded by San Diego police Officer Frank White during a dispute on March 15 in the parking lot of a Lowe's store in Oceanside. The state Attorney General's Office, which is prosecuting Silva, alleges the woman willfully placed her son under circumstances likely to produce great bodily injury or death, per San Diego DUI attorneys.
She is also charged with five misdemeanors: two counts of San Diego DUI / drunk driving, driving while possessing marijuana, driving on a suspended license and a revoked license.
Judge Michael Smyth scheduled another readiness conference for Nov. 10 at the San Diego County Courthouse and trial, if necessary, for Nov. 18, per San Diego DUI lawyers.
Last week, Silva admitted that the Oceanside run-in resulted in a violation of probation that she was serving in connection with a drunken driving arrest in Temecula in April 2007. She was placed on three years probation for felony child endangerment and misdemeanor DUI convictions in that case.
The judge in Riverside County extended her probation for three more years and suspended a four-year prison sentence, which she would have to serve if she violates her terms again.
Prosecutors allege Silva had a blood-alcohol level of .15 percent during the Oceanside incident, which resulted in White's prosecution on a felony count of gross negligent discharge of a firearm causing great bodily injury. He also faces a misdemeanor of exhibiting a weapon.
Silva allegedly pulled out of a gas station driveway into the path of White and his wife, who is a Carlsbad police dispatcher, around 9 p.m. The officer had to swerve to avoid Silva's car, and she allegedly tailgated him, revving her engine and shouting. Police said she pulled up alongside the couple's vehicle in the parking lot, still shouting, and sideswiped their car, prompting the officer to fire five times.
The woman was struck by two bullets in the arm, and the boy was hit twice in the left leg. White and his wife were uninjured. The officer's supporters say he identified himself as a police officer and contend Silva was the aggressor. A substitute San Diego DUI attorney for Silva's lawyer, Michael Pancer, appeared at today's hearing. www.SanDiegoDrunkDrivingAttorney.net
Rachel Silva, 27, and her 8-year-old son were both shot and wounded by San Diego police Officer Frank White during a dispute on March 15 in the parking lot of a Lowe's store in Oceanside. The state Attorney General's Office, which is prosecuting Silva, alleges the woman willfully placed her son under circumstances likely to produce great bodily injury or death, per San Diego DUI attorneys.
She is also charged with five misdemeanors: two counts of San Diego DUI / drunk driving, driving while possessing marijuana, driving on a suspended license and a revoked license.
Judge Michael Smyth scheduled another readiness conference for Nov. 10 at the San Diego County Courthouse and trial, if necessary, for Nov. 18, per San Diego DUI lawyers.
Last week, Silva admitted that the Oceanside run-in resulted in a violation of probation that she was serving in connection with a drunken driving arrest in Temecula in April 2007. She was placed on three years probation for felony child endangerment and misdemeanor DUI convictions in that case.
The judge in Riverside County extended her probation for three more years and suspended a four-year prison sentence, which she would have to serve if she violates her terms again.
Prosecutors allege Silva had a blood-alcohol level of .15 percent during the Oceanside incident, which resulted in White's prosecution on a felony count of gross negligent discharge of a firearm causing great bodily injury. He also faces a misdemeanor of exhibiting a weapon.
Silva allegedly pulled out of a gas station driveway into the path of White and his wife, who is a Carlsbad police dispatcher, around 9 p.m. The officer had to swerve to avoid Silva's car, and she allegedly tailgated him, revving her engine and shouting. Police said she pulled up alongside the couple's vehicle in the parking lot, still shouting, and sideswiped their car, prompting the officer to fire five times.
The woman was struck by two bullets in the arm, and the boy was hit twice in the left leg. White and his wife were uninjured. The officer's supporters say he identified himself as a police officer and contend Silva was the aggressor. A substitute San Diego DUI attorney for Silva's lawyer, Michael Pancer, appeared at today's hearing. www.SanDiegoDrunkDrivingAttorney.net
Monday, September 29, 2008
California Attorneys for Criminal Justice DUI Lecturer
San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.
Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.
Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
Reach a San Diego DUI / DMV Lawyer who can really help:
Rick just lectured Saturday, on September 27, 2008 at the California Attorneys For Criminal Justice DUI seminar in Rancho Mirage, California. http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.
Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.
Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
Reach a San Diego DUI / DMV Lawyer who can really help:
Rick just lectured Saturday, on September 27, 2008 at the California Attorneys For Criminal Justice DUI seminar in Rancho Mirage, California. http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf
Friday, September 26, 2008
Cedric Benson cleared of DUI and BUI
San Diego DUI defense lawyers report Cedric Benson was cleared on all charges in Texas today stemming from his spring arrests.
Two grand juries in Travis County returned a no bill on each of Benson's cases meaning he will not go to trial for his May arrest on charges of drunken boating BUI and resisting arrest or his June arrest when he was charged with DUI driving under the influence of alcohol.
"Cedric is grateful to all who have supported him,'' his DUI criminal defense attorney Sam Bassett said in a statement. "It was particularly difficult for him to lose the job that he loved with the Bears. He is eager to have an opportunity to again demonstrate that he is a quality running back who can contribute to a winning team. More importantly, he intends to demonstrate that he is worthy of being a positive role model in his community. He has learned much from this ordeal."
Benson has had tryouts with Detroit and New Orleans, most recently with the Lions, but remains a free agent. www.sandiegodui.com
Two grand juries in Travis County returned a no bill on each of Benson's cases meaning he will not go to trial for his May arrest on charges of drunken boating BUI and resisting arrest or his June arrest when he was charged with DUI driving under the influence of alcohol.
"Cedric is grateful to all who have supported him,'' his DUI criminal defense attorney Sam Bassett said in a statement. "It was particularly difficult for him to lose the job that he loved with the Bears. He is eager to have an opportunity to again demonstrate that he is a quality running back who can contribute to a winning team. More importantly, he intends to demonstrate that he is worthy of being a positive role model in his community. He has learned much from this ordeal."
Benson has had tryouts with Detroit and New Orleans, most recently with the Lions, but remains a free agent. www.sandiegodui.com
San Diego racehorse jockey no longer licensed in California, had DUI
San Diego DUI attorneys report longtime San Diego (Del Mar) racehorse Jockey Patrick Valenzuela's conditional California license has been revoked, and he will not be able to reapply, according a recent California Horse Racing Board decision made public on Thursday.
At its monthly meeting on Sept. 18, the racing board adopted the proposed decision of an administrative law judge who said that Valenzuela's conditional jockey's license should be revoked and that Valenzuela "is permanently ineligible to reapply for, or to hold, a license issued by the California Horse Racing Board."
In July, at a hearing before the judge, Valenzuela asked the racing board to reinstate his conditional license. Valenzuela's license was revoked last December following a DUI / drunk driving arrest. He pled guilty to a charge for that offense in May and was sentenced to three years DUI probation and fined $1,595.
Valenzuela was represented at the July hearing by attorney Neil Papiano.
Valenzuela, 45, has ridden at Louisiana Downs since late May. He holds a license to ride in that state because he had an active license granted last fall and has not violated any of Louisiana's rules of racing. Valenzuela has also ridden in New Mexico this year.
At its monthly meeting on Sept. 18, the racing board adopted the proposed decision of an administrative law judge who said that Valenzuela's conditional jockey's license should be revoked and that Valenzuela "is permanently ineligible to reapply for, or to hold, a license issued by the California Horse Racing Board."
In July, at a hearing before the judge, Valenzuela asked the racing board to reinstate his conditional license. Valenzuela's license was revoked last December following a DUI / drunk driving arrest. He pled guilty to a charge for that offense in May and was sentenced to three years DUI probation and fined $1,595.
Valenzuela was represented at the July hearing by attorney Neil Papiano.
Valenzuela, 45, has ridden at Louisiana Downs since late May. He holds a license to ride in that state because he had an active license granted last fall and has not violated any of Louisiana's rules of racing. Valenzuela has also ridden in New Mexico this year.
Thursday, September 25, 2008
Now illegal to read or send text messages while driving
San Diego DUI criminal defense attorneys report Gov. Arnold Schwarzenegger signed a law Wednesday making it illegal to read or send text messages while driving in California, adding to restrictions this year designed to wean drivers from the distractions of hand-held devices. www.sandiegodrunkdrivingattorney.net
The bill by Sen. Joe Simitian, D-Palo Alto, imposes a $20 fine for a first offense and $50 for repeat offenders using any electronic devices to read or send messages, starting Jan. 1.
"Banning electronic text messaging while driving will keep drivers' hands on the wheel and their eyes on the road, making our roadways a safer place for all Californians," Schwarzenegger said in a statement.
It follows previous laws written by Simitian to restrict the use of cell phones while driving.
Since July, motorists have been required to use handsfree devices, and drivers under age 18 can't use any electronic devices.
"This is one of those cases, I think, where the world changes and we've got to keep pace with a changing world," Simitian said. "My own view is texting while driving is so obviously unsafe it's hard to believe anyone would try it."
Yet a study by Nationwide Mutual Insurance Co. last year found nearly 40 percent of drivers age 16 to 30 acknowledged text-messaging while driving.
The California Highway Patrol doesn't keep statistics on crashes related to text messaging.
But CHP spokesman Tom Marshall said officers have issued 19,753 citations to drivers illegally using cell phones since July 1.
And it has cited only 155 16- or 17-year-old drivers for texting or calling behind the wheel, Marshall said, because officers must have probable cause to believe the driver is underage or has committed another offense before stopping the vehicle.
The British Royal Automobile Club Foundation reported on its Web site last week that texting while driving was more distracting than being drunk or high on marijuana.
The study by the private Transport Research Laboratory for the foundation used driving simulators. It found text-messaging significantly slowed reaction time in drivers ages 17-24.
Nationally, California was one of 33 states this year considering bills designed to deter driver distractions, according to the National Conference of State Legislatures.
In California, the $20 fine for a first offense could be tripled when local and court fees are included, the CHP's Marshall said.
Also Wednesday, Schwarzenegger signed a law barring companies doing business in Sudan from bidding on state contracts.
Schwarzenegger said in a statement that the bill by Assemblyman Ed Hernandez, D-West Covina, sends a message that "California will not underwrite the horrors of murder and genocide in Sudan."
An estimated 400,000 people have died and 2.5 million have been displaced in the African nation, according to the governor's office. Schwarzenegger also signed two bills in 2006 designed to discourage business investments in Sudan.
___
The bill by Sen. Joe Simitian, D-Palo Alto, imposes a $20 fine for a first offense and $50 for repeat offenders using any electronic devices to read or send messages, starting Jan. 1.
"Banning electronic text messaging while driving will keep drivers' hands on the wheel and their eyes on the road, making our roadways a safer place for all Californians," Schwarzenegger said in a statement.
It follows previous laws written by Simitian to restrict the use of cell phones while driving.
Since July, motorists have been required to use handsfree devices, and drivers under age 18 can't use any electronic devices.
"This is one of those cases, I think, where the world changes and we've got to keep pace with a changing world," Simitian said. "My own view is texting while driving is so obviously unsafe it's hard to believe anyone would try it."
Yet a study by Nationwide Mutual Insurance Co. last year found nearly 40 percent of drivers age 16 to 30 acknowledged text-messaging while driving.
The California Highway Patrol doesn't keep statistics on crashes related to text messaging.
But CHP spokesman Tom Marshall said officers have issued 19,753 citations to drivers illegally using cell phones since July 1.
And it has cited only 155 16- or 17-year-old drivers for texting or calling behind the wheel, Marshall said, because officers must have probable cause to believe the driver is underage or has committed another offense before stopping the vehicle.
The British Royal Automobile Club Foundation reported on its Web site last week that texting while driving was more distracting than being drunk or high on marijuana.
The study by the private Transport Research Laboratory for the foundation used driving simulators. It found text-messaging significantly slowed reaction time in drivers ages 17-24.
Nationally, California was one of 33 states this year considering bills designed to deter driver distractions, according to the National Conference of State Legislatures.
In California, the $20 fine for a first offense could be tripled when local and court fees are included, the CHP's Marshall said.
Also Wednesday, Schwarzenegger signed a law barring companies doing business in Sudan from bidding on state contracts.
Schwarzenegger said in a statement that the bill by Assemblyman Ed Hernandez, D-West Covina, sends a message that "California will not underwrite the horrors of murder and genocide in Sudan."
An estimated 400,000 people have died and 2.5 million have been displaced in the African nation, according to the governor's office. Schwarzenegger also signed two bills in 2006 designed to discourage business investments in Sudan.
___
Wednesday, September 24, 2008
San Diego California DUI Insurance & SR-22 info
San Diego DUI criminal defense lawyers are often asked about insurance.
A number of auto insurance companies really do not offer SR22 insurance and if you have a DUI charge in San Diego, California, your auto insurance company may cancel or not renew your current policy. Because of that, you would have to find another insurance company that offers SR22 auto insurance. You can count on your rates being higher not only because of your DUI charge but also because you will now have a cancellation on your claims history.
Once you switch auto insurance companies to get a new policy with SR22 insurance coverage, you will then be considered as a “high-risk” driver because of your DUI charge. This would be especially true if you received safe-driver discounts or you were in a “preferred class.” Your premium rates would rise massively once you get a conviction for DUI. Because of that, you can start shopping around for auto insurance providers that specialize in high risk policies.
You may want to try to get a rate quote for your SR22 auto insurance. You may find out that you could still get a great auto insurance for a lesser price.
An SR-22 isn't a type of insurance coverage, but rather proof that you have insurance. It is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State.
This insurance notification is typically required by the State for 3 years from the date the original suspension would have ended which can be determined, e.g., by adding 4 months from the date you were given the "pink" temporary license (assuming you are a first offender without a refusal of the chemical test).
If your policy lapses for any reason (miss a payment, get cancelled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept any other form as a substitute for the SR-22.
When is the SR 22 required?
This will be required by you if:
(1) you were arrested for a DUI and;
(2) you have your license suspended or restricted and/or;
(3) if you are required to take a DUI program and;
(4) you want to get a restricted license.
To get a restricted license, you have to do 3 things:
(Not immediately - only if you lose your DMV hearing or get convicted in Court)
(1) Pay DMV re-issue fee(s).
(2) Provide DMV proof of financial responsibility (SR-22).
(3) Provide DMV proof of enrollment in approved DUI program.
Insurance minimums in California:
For private passenger vehicles per accident: $15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.
Moving to Another State:
If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California - even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
Already convicted and need a license?
First, make sure you are eligible for at least a restricted license by calling the California DMV at 1 (800) 777-0133. Then follow the steps above.
Other related information:
If you insurance company cancels your insurance because of your conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days.
Already agreed to enter a guilty plea or didn't request a DMV hearing?
If you think you are going to be convicted, make sure you contact an insurance broker BEFORE the conviction appears on your record. A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm for example) once a DUI conviction appears on your record.
Additionally, you should know that although your SR 22 can be filed electronically you should be able to get an original from your insurance company and hand deliver it to the DMV so that you don't have to wait for the clerks in Sacramento to do their job - which they do slowly.
I recommend calling John MacDonald at 1 800 346 7370 for all of your insurance needs. John MacDonald Insurance
Or, Generally, How to Downshift Your Insurance Costs with Smarter, Cheaper Coverage
1) Nab Discounts
Most insurers offer price cuts for such things as:
- having anti-lock brakes;
- having been accident-free;
- having taken a defensive-driving course;
- using the same insurer for your home policy.
(For more info., visit the auto insurance checklist at http://iii.org/individuals/auto .)
These can take up to 25% off your premium. But your insurer usually will not come to you with them so you have to call the company and find out what the discounts are.
2) Raise your deductible.
The point of vehicle insurance is to protect you from catastrophic costs (your emergency fund should cover stuff like dents and broken windows). Raise your deductible from say $200 to $1,000 and you could save more than 40% on premiums, according to the Insurance Information Institute.
3) Prune coverage on old vehicles.
Once your vehicle is worth less than 10 times what you pay each year to insure it, get rid of the comprehensive and collision. Find your vehicle's estimated worth at www.kbb.com.
4) Dig up competing quotes.
This is the most work but could have the greatest payoff. Go to www.naic.org to find your state insurance commission website, where you can download a vehicle insurance buying guide.
Pick the example closest to you and the 5 insurers with the lowest rates. Call them for quotes. If the state guide doesn't list insurers, get the 5 best quotes at www.insweb.com but note that the site doesn't include State Farm.
Next, check with an independent agent (get a name at www.iiaba.net) to see if any insurers you haven't checked can beat your top 5.
5) Sidestep hassle by making sure any insurer with a better quote is legitimate.
Go to your state's insurance commission site - look especially for the ratio of complaints to # of policies written.
www.SanDiegoDrunkDrivingAttorney.net
A number of auto insurance companies really do not offer SR22 insurance and if you have a DUI charge in San Diego, California, your auto insurance company may cancel or not renew your current policy. Because of that, you would have to find another insurance company that offers SR22 auto insurance. You can count on your rates being higher not only because of your DUI charge but also because you will now have a cancellation on your claims history.
Once you switch auto insurance companies to get a new policy with SR22 insurance coverage, you will then be considered as a “high-risk” driver because of your DUI charge. This would be especially true if you received safe-driver discounts or you were in a “preferred class.” Your premium rates would rise massively once you get a conviction for DUI. Because of that, you can start shopping around for auto insurance providers that specialize in high risk policies.
You may want to try to get a rate quote for your SR22 auto insurance. You may find out that you could still get a great auto insurance for a lesser price.
An SR-22 isn't a type of insurance coverage, but rather proof that you have insurance. It is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State.
This insurance notification is typically required by the State for 3 years from the date the original suspension would have ended which can be determined, e.g., by adding 4 months from the date you were given the "pink" temporary license (assuming you are a first offender without a refusal of the chemical test).
If your policy lapses for any reason (miss a payment, get cancelled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept any other form as a substitute for the SR-22.
When is the SR 22 required?
This will be required by you if:
(1) you were arrested for a DUI and;
(2) you have your license suspended or restricted and/or;
(3) if you are required to take a DUI program and;
(4) you want to get a restricted license.
To get a restricted license, you have to do 3 things:
(Not immediately - only if you lose your DMV hearing or get convicted in Court)
(1) Pay DMV re-issue fee(s).
(2) Provide DMV proof of financial responsibility (SR-22).
(3) Provide DMV proof of enrollment in approved DUI program.
Insurance minimums in California:
For private passenger vehicles per accident: $15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.
Moving to Another State:
If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California - even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
Already convicted and need a license?
First, make sure you are eligible for at least a restricted license by calling the California DMV at 1 (800) 777-0133. Then follow the steps above.
Other related information:
If you insurance company cancels your insurance because of your conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days.
Already agreed to enter a guilty plea or didn't request a DMV hearing?
If you think you are going to be convicted, make sure you contact an insurance broker BEFORE the conviction appears on your record. A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm for example) once a DUI conviction appears on your record.
Additionally, you should know that although your SR 22 can be filed electronically you should be able to get an original from your insurance company and hand deliver it to the DMV so that you don't have to wait for the clerks in Sacramento to do their job - which they do slowly.
I recommend calling John MacDonald at 1 800 346 7370 for all of your insurance needs. John MacDonald Insurance
Or, Generally, How to Downshift Your Insurance Costs with Smarter, Cheaper Coverage
1) Nab Discounts
Most insurers offer price cuts for such things as:
- having anti-lock brakes;
- having been accident-free;
- having taken a defensive-driving course;
- using the same insurer for your home policy.
(For more info., visit the auto insurance checklist at http://iii.org/individuals/auto .)
These can take up to 25% off your premium. But your insurer usually will not come to you with them so you have to call the company and find out what the discounts are.
2) Raise your deductible.
The point of vehicle insurance is to protect you from catastrophic costs (your emergency fund should cover stuff like dents and broken windows). Raise your deductible from say $200 to $1,000 and you could save more than 40% on premiums, according to the Insurance Information Institute.
3) Prune coverage on old vehicles.
Once your vehicle is worth less than 10 times what you pay each year to insure it, get rid of the comprehensive and collision. Find your vehicle's estimated worth at www.kbb.com.
4) Dig up competing quotes.
This is the most work but could have the greatest payoff. Go to www.naic.org to find your state insurance commission website, where you can download a vehicle insurance buying guide.
Pick the example closest to you and the 5 insurers with the lowest rates. Call them for quotes. If the state guide doesn't list insurers, get the 5 best quotes at www.insweb.com but note that the site doesn't include State Farm.
Next, check with an independent agent (get a name at www.iiaba.net) to see if any insurers you haven't checked can beat your top 5.
5) Sidestep hassle by making sure any insurer with a better quote is legitimate.
Go to your state's insurance commission site - look especially for the ratio of complaints to # of policies written.
www.SanDiegoDrunkDrivingAttorney.net
Tuesday, September 23, 2008
How can you find a qualified San Diego California DUI Attorney
How can you find a qualified San Diego California DUI Lawyer ?
Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.
A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.
Some excellent questions to begin asking when searching for a California DUI lawyer are:
What are his or her California DUI attorney's qualifications?
Is he or she a Specialist member of the California DUI Lawyers Association?
Is he or she a member of the National College for DUI Defense?
Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.
Read more -Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .
Submit a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.
A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.
Some excellent questions to begin asking when searching for a California DUI lawyer are:
What are his or her California DUI attorney's qualifications?
Is he or she a Specialist member of the California DUI Lawyers Association?
Is he or she a member of the National College for DUI Defense?
Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.
Read more -Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .
Submit a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Monday, September 22, 2008
San Diego area football star picks up minor in possesson of alcohol charge which may affect pending DUI case
San Diego DUI criminal defense lawyers hear Rancho Bernardo High School star Will Yeatman’s football future looks like in the days ahead, whatever legal ramifications boomerang back to him, if the 20-year-old Notre Dame tight end’s latest alcohol-related charges stick, the toughest steps he may take are going home again.
It was last spring that Yeatman, independent of any court order, returned to his high school alma mater, Rancho Bernardo High in San Diego, and opened up to the current students there about his Jan. 28 drunk-driving arrest.
“Going through everything definitely made me a more mature person,” Yeatman said back in August. “It also shows how much of a spotlight this school is actually under. For me, I just tried to stay positive throughout the entire situation and let people know that I’m a young adult. I made a bad mistake, but hopefully you can still take me as a good person.”
Early Sunday morning, hours after Notre Dame’s 23-7 loss to Michigan State in East Lansing, Mich., Yeatman and Notre Dame freshman football player Mike Golic Jr. were two of the 41 people arrested in a raid on a home on Colfax Avenue by the Indiana State Excise Police. Both were charged with minor consumption of alcohol. Yeatman was also charged with false informing and resisting arrest. Because of Yeatman’s prior arrest, the starting tight end’s football career may be over, based on past scenarios involving ND student-athletes.
“I was made aware of the situation late this afternoon and am currently looking into the matter,” said Notre Dame head football coach Charlie Weis in a statement released by the university Sunday night.
Excise police Sgt. Al Taylor confirmed that 53 charges have been made against the 41 individuals - most of whom are Notre Dame students. Taylor added Sunday night that a number of those arrested were athletes from other Irish sports teams. A full list was released Monday morning. The names matched seven players on the men's lacrosse roster and four players on the women's lacrosse roster.
The two names that will jump off the page are Golic, 18, and Yeatman, the latter of whom plays both football and lacrosse at ND. Golic, a fourth-string center who has yet to play in a game this season, is the son of former Irish football standout Mike Golic, currently one of the hosts of the national ESPN radio show Mike & Mike in the Morning.
If found guilty, Golic Jr.’s harshest punishment is likely to come from his parents back in West Hartford, Conn.
Yeatman’s case is stickier because of the Jan. 28 arrest. He was suspended by the university for the remainder of the spring semester in both football and lacrosse following his arrest. Student Affairs, the school’s judicial arm, will decide Yeatman’s future at ND and with the football team, independent of what the legal system decides.
In late February, a St. Joseph County court dropped a criminal recklessness charge, a Class A misdemeanor, and entered Yeatman into a presentencing probation on two other charges, a sort of deferred sentencing if he met certain conditions.
The suspended charges were driving under the influence of alcohol and reckless driving, the latter a Class B misdemeanor.
Included among the conditions, according to court documents, was to have an ignition interlock system installed in his car and used for 180 days. The interlock system requires the driver to breathe into a tube that measures blood-alcohol content in order to start the car.
Also among the conditions was attending a victim-impact panel session in which families of people killed or injured by drunk drivers talk about the effects the drunk driving incident has had on them.
If Yeatman had met all the conditions, the drunk driving charge would have been dismissed and he would have accepted the conviction on the reckless driving charge. Typically, there would have been no further penalties imposed. Now, those charges will likely be revisited.
“Thoughts crossed your mind, but I never seriously considered leaving,” Yeatman said in August. “You’d hear people say, ‘Look at that idiot. Look at what he did, how he screwed up for both his teams.’ It’s tough to walk through that.”
But he did walk through it. And now his destiny isn’t fully in his hands anymore.
As for the Notre Dame football team’s destiny, perhaps the deepest position on the team back when preseason practice kicked off Aug. 8 could now be an area of concern.
Projected starter, sophomore Mike Ragone, underwent season-ending knee surgery in August. Yeatman, the best blocker among the tight ends, is also the most experienced player in the group. He had two catches for six yards in ND’s first three games this season.
The only other scholarship tight ends on the team are freshmen Kyle Rudolph and Joseph Fauria and junior tight end/fullback hybrid Luke Schmidt. The Irish have started each of their first three games with two -tight end sets, and Rudolph has been the other starter. Fauria has yet to see game action and likely would have likely preserved a year of eligibility had there been no further diluting of the position.
More delicate than the tight end position is the team’s psyche. Last week the Irish jumped into the national spotlight for all the right reasons — a big win over a bitter rival, a big step in coaching evolution for Weis and big lingering questions juxtaposed against big promise.
Now the questions get bigger, tougher and uglier. But these are the moments that define seasons. These are windows for redemption, for setting the arc of opportunity for the rest of the season. They transcend turnovers, running-game woes and the decision whether to blitz relentlessly or not to blitz relentlessly.
http://www.SanDiegoDrunkDrivingAttorney.net/articles
It was last spring that Yeatman, independent of any court order, returned to his high school alma mater, Rancho Bernardo High in San Diego, and opened up to the current students there about his Jan. 28 drunk-driving arrest.
“Going through everything definitely made me a more mature person,” Yeatman said back in August. “It also shows how much of a spotlight this school is actually under. For me, I just tried to stay positive throughout the entire situation and let people know that I’m a young adult. I made a bad mistake, but hopefully you can still take me as a good person.”
Early Sunday morning, hours after Notre Dame’s 23-7 loss to Michigan State in East Lansing, Mich., Yeatman and Notre Dame freshman football player Mike Golic Jr. were two of the 41 people arrested in a raid on a home on Colfax Avenue by the Indiana State Excise Police. Both were charged with minor consumption of alcohol. Yeatman was also charged with false informing and resisting arrest. Because of Yeatman’s prior arrest, the starting tight end’s football career may be over, based on past scenarios involving ND student-athletes.
“I was made aware of the situation late this afternoon and am currently looking into the matter,” said Notre Dame head football coach Charlie Weis in a statement released by the university Sunday night.
Excise police Sgt. Al Taylor confirmed that 53 charges have been made against the 41 individuals - most of whom are Notre Dame students. Taylor added Sunday night that a number of those arrested were athletes from other Irish sports teams. A full list was released Monday morning. The names matched seven players on the men's lacrosse roster and four players on the women's lacrosse roster.
The two names that will jump off the page are Golic, 18, and Yeatman, the latter of whom plays both football and lacrosse at ND. Golic, a fourth-string center who has yet to play in a game this season, is the son of former Irish football standout Mike Golic, currently one of the hosts of the national ESPN radio show Mike & Mike in the Morning.
If found guilty, Golic Jr.’s harshest punishment is likely to come from his parents back in West Hartford, Conn.
Yeatman’s case is stickier because of the Jan. 28 arrest. He was suspended by the university for the remainder of the spring semester in both football and lacrosse following his arrest. Student Affairs, the school’s judicial arm, will decide Yeatman’s future at ND and with the football team, independent of what the legal system decides.
In late February, a St. Joseph County court dropped a criminal recklessness charge, a Class A misdemeanor, and entered Yeatman into a presentencing probation on two other charges, a sort of deferred sentencing if he met certain conditions.
The suspended charges were driving under the influence of alcohol and reckless driving, the latter a Class B misdemeanor.
Included among the conditions, according to court documents, was to have an ignition interlock system installed in his car and used for 180 days. The interlock system requires the driver to breathe into a tube that measures blood-alcohol content in order to start the car.
Also among the conditions was attending a victim-impact panel session in which families of people killed or injured by drunk drivers talk about the effects the drunk driving incident has had on them.
If Yeatman had met all the conditions, the drunk driving charge would have been dismissed and he would have accepted the conviction on the reckless driving charge. Typically, there would have been no further penalties imposed. Now, those charges will likely be revisited.
“Thoughts crossed your mind, but I never seriously considered leaving,” Yeatman said in August. “You’d hear people say, ‘Look at that idiot. Look at what he did, how he screwed up for both his teams.’ It’s tough to walk through that.”
But he did walk through it. And now his destiny isn’t fully in his hands anymore.
As for the Notre Dame football team’s destiny, perhaps the deepest position on the team back when preseason practice kicked off Aug. 8 could now be an area of concern.
Projected starter, sophomore Mike Ragone, underwent season-ending knee surgery in August. Yeatman, the best blocker among the tight ends, is also the most experienced player in the group. He had two catches for six yards in ND’s first three games this season.
The only other scholarship tight ends on the team are freshmen Kyle Rudolph and Joseph Fauria and junior tight end/fullback hybrid Luke Schmidt. The Irish have started each of their first three games with two -tight end sets, and Rudolph has been the other starter. Fauria has yet to see game action and likely would have likely preserved a year of eligibility had there been no further diluting of the position.
More delicate than the tight end position is the team’s psyche. Last week the Irish jumped into the national spotlight for all the right reasons — a big win over a bitter rival, a big step in coaching evolution for Weis and big lingering questions juxtaposed against big promise.
Now the questions get bigger, tougher and uglier. But these are the moments that define seasons. These are windows for redemption, for setting the arc of opportunity for the rest of the season. They transcend turnovers, running-game woes and the decision whether to blitz relentlessly or not to blitz relentlessly.
http://www.SanDiegoDrunkDrivingAttorney.net/articles
Sunday, September 21, 2008
Premier San Diego DUI Attorney
DUI Attorney Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 24 years of experience.
Known as a "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/
Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html
Click on below sites for a San Diego DUI Lawyer:
http://www.google.com
http://www.sandiegoduihelp.com/duiblog/index.html
http://www.yahoo.com
Known as a "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/
Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html
Click on below sites for a San Diego DUI Lawyer:
http://www.google.com
http://www.sandiegoduihelp.com/duiblog/index.html
http://www.yahoo.com
Friday, September 19, 2008
California DUI / Drunk Driving interlock idea under attack
The American Beverage Institute (ABI) denounced ignition interlock bill AB2784 which would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration) first-time California DUI / Drunk Driving offenders.
During testimony in front of the California State Assembly, ABI managing director, Sarah Longwell, opposed AB2784 saying, "We believe that this bill denies judicial discretion and ignores proportional response by mandating ignition interlock devices for low-BAC, first-time offenders."
The ABI further advocated in favor of targeting the high-BAC drivers and repeat offenders, who comprise the core of today’s California DUI / Drunk Driving problem.
“By mandating breathalyzers for first-time offenders who may have has as little as two glasses of wine, this bill ignores the root cause of today’s drunk driving problem—hard core alcohol abusers,” said ABI spokeswoman Sarah Longwell.
The California DUI / Drunk Driving bill pending in California fails to target this population of dangerous drunks. Instead, this legislation would force, even those just one sip over the legal limit, to install California DUI / Drunk Driving breathalyzers in their cars.
“With California’s drunk driving limit set at 0.08% BAC, this bill would mandate that drivers install a breathalyzer in their car for behavior that, according to numerous studies, impairs them less than driving while talking on a hands-free cell phone,” said Longwell. “A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine over two hours. Should she receive the same punishment as someone with a 0.19% BAC level or multiple offenses?"
“This bill won’t help solve the drunk driving problem in California,” she said, “because it targets the wrong people.”
California DUI / Drunk Driving attorneys are at www.sandiegodui.com.
During testimony in front of the California State Assembly, ABI managing director, Sarah Longwell, opposed AB2784 saying, "We believe that this bill denies judicial discretion and ignores proportional response by mandating ignition interlock devices for low-BAC, first-time offenders."
The ABI further advocated in favor of targeting the high-BAC drivers and repeat offenders, who comprise the core of today’s California DUI / Drunk Driving problem.
“By mandating breathalyzers for first-time offenders who may have has as little as two glasses of wine, this bill ignores the root cause of today’s drunk driving problem—hard core alcohol abusers,” said ABI spokeswoman Sarah Longwell.
The California DUI / Drunk Driving bill pending in California fails to target this population of dangerous drunks. Instead, this legislation would force, even those just one sip over the legal limit, to install California DUI / Drunk Driving breathalyzers in their cars.
“With California’s drunk driving limit set at 0.08% BAC, this bill would mandate that drivers install a breathalyzer in their car for behavior that, according to numerous studies, impairs them less than driving while talking on a hands-free cell phone,” said Longwell. “A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine over two hours. Should she receive the same punishment as someone with a 0.19% BAC level or multiple offenses?"
“This bill won’t help solve the drunk driving problem in California,” she said, “because it targets the wrong people.”
California DUI / Drunk Driving attorneys are at www.sandiegodui.com.
California DUI / Drunk Driving roving patrols hit the streets
San Diego California DUI criminal defense lawyers are told Deputies will be keeping an extra eye on intoxicated drivers tonight during California DUI / Drunk Driving roving patrols that will be searching for the drunk drivers in three south county cities.
The Orange County Sheriff’s Department will be conducting the California DUI / Drunk Driving roving patrols in the cities of Lake Forest, Mission Viejo and Rancho Santa Margarita tonight, officials said.
Unlike California DUI / Drunk Driving checkpoints, where law enforcement targets particular street or intersection, California DUI / Drunk Driving roving patrols check for drunk drivers throughout city streets. One or more deputies are assigned the task of searching for California DUI / Drunk Driving / intoxicated drivers throughout the night.
Between January and August, deputies have cited 98 drivers for California DUI / Drunk Driving -driving under the influence in Mission Viejo, according to department statistics. In Lake Forest, 108 drivers have been cited in the same period. Forty drivers have been cited for California DUI / Drunk Driving in Rancho Santa Margarita.
The cost for operating such a California DUI / Drunk Driving patrol is being paid for by a grant from the California Office of Traffic Safety.
Roving California DUI / Drunk Driving patrols actually are a more efficient way of searching for suspected drunk drivers. However, politics prevents California DUI / Drunk Driving checkpoints from going away, even though they are expensive, intrusive, and don’t work. www.sandiegodrunkdrivingattorney.net/articles
The Orange County Sheriff’s Department will be conducting the California DUI / Drunk Driving roving patrols in the cities of Lake Forest, Mission Viejo and Rancho Santa Margarita tonight, officials said.
Unlike California DUI / Drunk Driving checkpoints, where law enforcement targets particular street or intersection, California DUI / Drunk Driving roving patrols check for drunk drivers throughout city streets. One or more deputies are assigned the task of searching for California DUI / Drunk Driving / intoxicated drivers throughout the night.
Between January and August, deputies have cited 98 drivers for California DUI / Drunk Driving -driving under the influence in Mission Viejo, according to department statistics. In Lake Forest, 108 drivers have been cited in the same period. Forty drivers have been cited for California DUI / Drunk Driving in Rancho Santa Margarita.
The cost for operating such a California DUI / Drunk Driving patrol is being paid for by a grant from the California Office of Traffic Safety.
Roving California DUI / Drunk Driving patrols actually are a more efficient way of searching for suspected drunk drivers. However, politics prevents California DUI / Drunk Driving checkpoints from going away, even though they are expensive, intrusive, and don’t work. www.sandiegodrunkdrivingattorney.net/articles
Thursday, September 18, 2008
120 in Maserati gets Actor Thomas Jane a DUI
San Diego DUI defense attorneys are told Thomas Jane has pleaded no contest to California DUI - drunk driving after he was clocked doing 120 mph in a Maserati.
The star of last year's movie "The Mist" and 2004's "The Punisher" pleaded no contest Tuesday to a misdemeanor count of driving under the influence. Jane wasn't in the Shafter courtroom but made the plea through his lawyer.
Jane, who's married to Emmy-winning "Medium" star Patricia Arquette, was sentenced to a year of probation, $1,700 in fines and must take alcohol abuse classes.
Two other alcohol and drug charges and two speeding tickets were dismissed.
Police stopped the 39-year-old actor twice on Interstate 5 in Kern County last March for speeding. After a third stop, he was arrested for drunken driving. www.sandiegoduilawyer.com/blog
The star of last year's movie "The Mist" and 2004's "The Punisher" pleaded no contest Tuesday to a misdemeanor count of driving under the influence. Jane wasn't in the Shafter courtroom but made the plea through his lawyer.
Jane, who's married to Emmy-winning "Medium" star Patricia Arquette, was sentenced to a year of probation, $1,700 in fines and must take alcohol abuse classes.
Two other alcohol and drug charges and two speeding tickets were dismissed.
Police stopped the 39-year-old actor twice on Interstate 5 in Kern County last March for speeding. After a third stop, he was arrested for drunken driving. www.sandiegoduilawyer.com/blog
Wednesday, September 17, 2008
source code update for san diego california dui lawyers
San Diego DUI attorneys hear The Intoxilyzer 5000EN, a breathalyzer machine used by Minnesota law enforcement, runs on a pair of Z80 processors and uses 50,000 lines of assembly code. The accuracy of that code base is now under nationwide scrutiny as defense attorneys around the country now frequently claim that the source code must be made available to them during DUI cases. Numerous courts have agreed, but vendor CMI of Owensboro, Kentucky, puts up Herculean resistance to every such request, leading to hundreds of cases being tossed by the courts.
It's gotten so bad in Minnesota that the state has gone to federal court this year, charging CMI with a host of contractual failures and asking for more than $75,000 in compensation. With police departments now losing confidence that an Intoxilyzer reading will lead to a conviction, many have switched to blood and urine testing. Such testing puts a "heightened burden" on the state's laboratory budget.
Even worse, with confidence in the devices plummeting, the state says that it may need to "replace its entire fleet of breath testing instruments" and retrain every officer who uses them.
And all this for a peek at some assembly language.
But it's a dry heat
Courts around the country have split their rulings on this issue, but a substantial minority have agreed that source code should be provided so that defendants can verify the accuracy of the tests. Minnesota, like many states, has done its own testing, keeps detailed maintenance logs for each device, and has an actual Intoxilyzer available for anyone to examine (with payment of appropriate bond, of course; these things aren't cheap!).
But defendants want more, in part to examine stories of odd or "jumpy" readings on the devices. The Pima County Superior Court last week ruled on a motion brought by 20 DUI defendants, giving them access to Intoxilyzer 8000 source code. This request was opposed by Deputy Pima County Attorney Robin Schwartz, who compared the devices to a light switch.
"No one... needs to see a schematic of wiring to know that when he flips the switch on the wall, the light will come on," Schwartz said, according to the Arizona Daily Star. What this has to do with an Intoxilyzer, where the result isn't known or observable in the direct way that a light bulb is, remains unclear; for Schwartz's sake, we'll assume that the statement was ripped grossly out of context and that, heard in court, it was a cogent remark worthy of the judge's time.
In any event, no one involved in the case seems to believe that CMI will turn over the source code, which means that all of the defendants will likely be exonerated due to lack of evidence. Sweet victory?
Turn it over
Similar cases have played themselves out around the country with similar results, and states have had enough. The Minnesota case is instructive, because it shows just how concerned about secrecy CMI can be. In CMI's own response, the company says that the source code is absolutely, positively, we-can't-stress-this-enough vital to its business interests, and not even the company president has direct access to it. A competitor—assuming that he or she can locate the cutting-edge Z80 chips used in the device—could take advantage of the company's decades of hard work, believes CMI.
Minnesota calls hogwash on the whole idea. The state believed that all these issues were addressed when CMI agreed to a state contract and submitted a half-page confidentiality agreement for its materials. But when it came to source code, CMI said the agreement wasn't good enough and instead produced "ten pages of single-spaced text" so draconian that most district court judges in the state have refused to allow its use.
One defendant in the state did get access to the code after signing the document, but CMI then billed him $1,600 to produce it. The state calls this "arbitrary and unreasonable, pointing out that slapping the code on a CD-ROM should be "little expense or inconvenience. (It appears CMI actually printed and bound the source code before turning it over).
CMI certainly can't risk losing contracts in state after state, the inevitable result of this kind of continued stonewalling, so one would expect the company to do something to work more closely with courts and law enforcement in resolving the issue. It appears that this is now happening. In the Minnesota federal case, both parties have recently agreed to some sort of consent decree that a judge will look at in December, at which time we will have more details about how the standoff may be resolved.
But the current national situation, with defendants being released en masse, with CMI losing money as states stop using their products, and with states spending time and energy litigating these cases, is clearly not sustainable.
www.sandiegoduihelp.com
It's gotten so bad in Minnesota that the state has gone to federal court this year, charging CMI with a host of contractual failures and asking for more than $75,000 in compensation. With police departments now losing confidence that an Intoxilyzer reading will lead to a conviction, many have switched to blood and urine testing. Such testing puts a "heightened burden" on the state's laboratory budget.
Even worse, with confidence in the devices plummeting, the state says that it may need to "replace its entire fleet of breath testing instruments" and retrain every officer who uses them.
And all this for a peek at some assembly language.
But it's a dry heat
Courts around the country have split their rulings on this issue, but a substantial minority have agreed that source code should be provided so that defendants can verify the accuracy of the tests. Minnesota, like many states, has done its own testing, keeps detailed maintenance logs for each device, and has an actual Intoxilyzer available for anyone to examine (with payment of appropriate bond, of course; these things aren't cheap!).
But defendants want more, in part to examine stories of odd or "jumpy" readings on the devices. The Pima County Superior Court last week ruled on a motion brought by 20 DUI defendants, giving them access to Intoxilyzer 8000 source code. This request was opposed by Deputy Pima County Attorney Robin Schwartz, who compared the devices to a light switch.
"No one... needs to see a schematic of wiring to know that when he flips the switch on the wall, the light will come on," Schwartz said, according to the Arizona Daily Star. What this has to do with an Intoxilyzer, where the result isn't known or observable in the direct way that a light bulb is, remains unclear; for Schwartz's sake, we'll assume that the statement was ripped grossly out of context and that, heard in court, it was a cogent remark worthy of the judge's time.
In any event, no one involved in the case seems to believe that CMI will turn over the source code, which means that all of the defendants will likely be exonerated due to lack of evidence. Sweet victory?
Turn it over
Similar cases have played themselves out around the country with similar results, and states have had enough. The Minnesota case is instructive, because it shows just how concerned about secrecy CMI can be. In CMI's own response, the company says that the source code is absolutely, positively, we-can't-stress-this-enough vital to its business interests, and not even the company president has direct access to it. A competitor—assuming that he or she can locate the cutting-edge Z80 chips used in the device—could take advantage of the company's decades of hard work, believes CMI.
Minnesota calls hogwash on the whole idea. The state believed that all these issues were addressed when CMI agreed to a state contract and submitted a half-page confidentiality agreement for its materials. But when it came to source code, CMI said the agreement wasn't good enough and instead produced "ten pages of single-spaced text" so draconian that most district court judges in the state have refused to allow its use.
One defendant in the state did get access to the code after signing the document, but CMI then billed him $1,600 to produce it. The state calls this "arbitrary and unreasonable, pointing out that slapping the code on a CD-ROM should be "little expense or inconvenience. (It appears CMI actually printed and bound the source code before turning it over).
CMI certainly can't risk losing contracts in state after state, the inevitable result of this kind of continued stonewalling, so one would expect the company to do something to work more closely with courts and law enforcement in resolving the issue. It appears that this is now happening. In the Minnesota federal case, both parties have recently agreed to some sort of consent decree that a judge will look at in December, at which time we will have more details about how the standoff may be resolved.
But the current national situation, with defendants being released en masse, with CMI losing money as states stop using their products, and with states spending time and energy litigating these cases, is clearly not sustainable.
www.sandiegoduihelp.com
NFL DUI stars
San Diego DUI criminal defense attorneys are told that Tommy Kelly, who listed his occupation as a football player, was arrested within the past 24 hours in Alameda County, California, and the charge is California DUI.
You can see Kelly’s name for yourself on the Internet, and by checking the box relating to bookings within the past 24 hours. Kelly’s name appears in alphabetical order.
It’s the second DUI arrest in two days of an NFL player. On Monday, Falcons safety Lawyer Milloy was popped for driving drunk. Milloy blew a 0.141 after being pulled over on his way home from a strip club. www.SanDiegoDrunkDrivingAttorney.net/articleds
You can see Kelly’s name for yourself on the Internet, and by checking the box relating to bookings within the past 24 hours. Kelly’s name appears in alphabetical order.
It’s the second DUI arrest in two days of an NFL player. On Monday, Falcons safety Lawyer Milloy was popped for driving drunk. Milloy blew a 0.141 after being pulled over on his way home from a strip club. www.SanDiegoDrunkDrivingAttorney.net/articleds
Tuesday, September 16, 2008
San Diego DUI Attorney DMV help & assistance
What you must do in San Diego California within 10 days of being arrested for DUI or Drunk Driving in San Diego, California:
10. If you need to save your driver's license or privileges, your San Diego California attorney has only ten (10) calendar days to contact DMV!
Do not schedule yourself. If you contact DMV to schedule a date conflicting with your San Diego California attorney's calendar, DMV will not reschedule and you may not get the San Diego California attorney of your choice. There is no rush as long as your San Diego California attorney contacts DMV by the 10th day from your arrest.
9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a San Diego California attorney ASAP.
8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.
5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!
The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)
Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.
2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
1. All a San Diego California DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
10. If you need to save your driver's license or privileges, your San Diego California attorney has only ten (10) calendar days to contact DMV!
Do not schedule yourself. If you contact DMV to schedule a date conflicting with your San Diego California attorney's calendar, DMV will not reschedule and you may not get the San Diego California attorney of your choice. There is no rush as long as your San Diego California attorney contacts DMV by the 10th day from your arrest.
9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact a San Diego California attorney ASAP.
8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.
5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!
The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)
Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.
2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
1. All a San Diego California DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
Sunday, September 14, 2008
How does a person find a qualified San Diego DUI Lawyer
How does a person find a qualified San Diego California DUI Lawyer ?
Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.
A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.
Some excellent questions to begin asking when searching for a California DUI lawyer are:
What are his or her California DUI attorney's qualifications?
Is he or she a Specialist member of the California DUI Lawyers Association?
Is he or she a member of the National College for DUI Defense?
Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.
Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .
Complete important San Diego Drunk Driving / DUI Attorney Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Contact a San Diego DUI Lawyer
Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.
A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.
Some excellent questions to begin asking when searching for a California DUI lawyer are:
What are his or her California DUI attorney's qualifications?
Is he or she a Specialist member of the California DUI Lawyers Association?
Is he or she a member of the National College for DUI Defense?
Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.
Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .
Complete important San Diego Drunk Driving / DUI Attorney Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Contact a San Diego DUI Lawyer
Saturday, September 13, 2008
.23 retired judge gets work program after CHP California DUI arrest
San Diego California DUI lawyers learned that Retired Sutter County Judge Timothy J. Evans' second drunken driving sentence is the same as the first — doing pro bono legal work instead of occupying a jail cell.
Evans, 65, reported as ordered Friday to the Sutter County Jail and signed up for a work-release program. He must work eight eight-hour days for the California Rural Legal Assistance office in Marysville and will spend nights at home, not at the jail. A judge sentenced Evans to 12 days. Serving two-thirds of the sentence, or eight days, is standard practice, according to California DUI lawyers.
After his first DUI conviction in 2006, Evans worked four days for the same office.
Parker said Evans is getting the same treatment as anyone else sentenced to fewer than 25 days, provided the sentence is not for a violent or sexual offense.
Evans was not eligible for manual labor because of a health condition that prohibits him from doing strenuous or hot work, who said a federal health privacy law prohibited him from disclosing the condition.
In August, 57 inmates worked a total of 1,760 hours in the work release program. Some, like Evans, were judged unfit for manual labor, the sheriff's office indicates.
Evans paid a $50 administrative fee to participate in the program and must pay $13 for each day worked, per California DUI attorneys.
Evans' blood alcohol content was 0.23 or 0.24 — three times the legal limit — after the California Highway Patrol pulled him over July 14 on Highway 20 in west Yuba City.
Evans' BAC was 0.22 after he was arrested Nov. 6, 2006, in the parking lot of the Red Robin restaurant in Yuba City.
http://www.SanDiegoDUIhelp.com
Evans, 65, reported as ordered Friday to the Sutter County Jail and signed up for a work-release program. He must work eight eight-hour days for the California Rural Legal Assistance office in Marysville and will spend nights at home, not at the jail. A judge sentenced Evans to 12 days. Serving two-thirds of the sentence, or eight days, is standard practice, according to California DUI lawyers.
After his first DUI conviction in 2006, Evans worked four days for the same office.
Parker said Evans is getting the same treatment as anyone else sentenced to fewer than 25 days, provided the sentence is not for a violent or sexual offense.
Evans was not eligible for manual labor because of a health condition that prohibits him from doing strenuous or hot work, who said a federal health privacy law prohibited him from disclosing the condition.
In August, 57 inmates worked a total of 1,760 hours in the work release program. Some, like Evans, were judged unfit for manual labor, the sheriff's office indicates.
Evans paid a $50 administrative fee to participate in the program and must pay $13 for each day worked, per California DUI attorneys.
Evans' blood alcohol content was 0.23 or 0.24 — three times the legal limit — after the California Highway Patrol pulled him over July 14 on Highway 20 in west Yuba City.
Evans' BAC was 0.22 after he was arrested Nov. 6, 2006, in the parking lot of the Red Robin restaurant in Yuba City.
http://www.SanDiegoDUIhelp.com
Thursday, September 11, 2008
San Diego DMV hearings, deadlines and the like
San Diego drunk driving criminal defense lawyers report that a San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.
Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
San Diego DUI attorneys:
http://www.sandiegoduilawyer.com/blog
The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.
The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.
Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.
If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.
Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).
The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.
San Diego DUI attorneys:
http://www.sandiegoduilawyer.com/blog
Wednesday, September 10, 2008
DUI cases are 111 years old today
San Diego DUI criminal defense lawyer news www.SanDiegoDrunkDrivingAttorney.net/articles
The First DUI Arrest was on September 10, 1897.
On this day in 1897, a 25-year-old London taxi driver named George Smith becomes the first person ever arrested for drunk driving after slamming his cab into a building. Smith later pled guilty and was fined 25 shillings.
In the United States, the first laws against operating a motor vehicle while under the influence of alcohol went into effect in New York in 1910.
In 1936, Dr. Rolla Harger, a professor of biochemistry and toxicology, patented the Drunkometer, a balloon-like device into which people would breathe to determine whether they were inebriated.
In 1953, Robert Borkenstein, a former Indiana state police captain and university professor who had collaborated with Harger on the Drunkometer, invented the Breathalyzer. Easier-to-use and more accurate than the Drunkometer, the Breathalyzer was the first practical device and scientific test available to police officers to establish whether someone had too much to drink. A person would blow into the Breathalyzer and it would gauge the proportion of alcohol vapors in the exhaled breath, which reflected the level of alcohol in the blood.
Despite the invention of the Breathalyzer and other developments, it was not until the late 1970s and early 1980s that public awareness about the dangers of drinking and driving increased and lawmakers and police officers began to get tougher on offenders.
In 1980, a Californian named Candy Lightner founded Mothers Against Drunk Driving, or MADD, after her 13-year-old daughter Cari was killed by a drunk driver while walking home from a school carnival. The driver had three previous drunk-driving convictions and was out on bail from a hit-and-run arrest two days earlier. Lightner and MADD were instrumental in helping to change attitudes about drunk driving and pushed for legislation that increased the penalties for driving under the influence of alcohol and/or drugs. MADD also helped get the minimum drinking age raised in many states.
Today, the legal drinking age is 21 everywhere in the United States and convicted drunk drivers face everything from jail time and fines to the loss of their driver's licenses and increased car insurance rates. Some drunk drivers are ordered to have ignition interlock devices installed in their vehicles. These devices require a driver to breath into a sensor attached to the dashboard; the car won't start if the driver's blood alcohol concentration is above a certain limit.
Despite the stiff penalties and public awareness campaigns, drunk driving remains a serious problem in the United States. In 2005, 16,885 people died in alcohol-related crashes and almost 1.4 million people were arrested for driving under the influence of alcohol or drugs.
www.SanDiegoDUIlawyer.com/blog
The First DUI Arrest was on September 10, 1897.
On this day in 1897, a 25-year-old London taxi driver named George Smith becomes the first person ever arrested for drunk driving after slamming his cab into a building. Smith later pled guilty and was fined 25 shillings.
In the United States, the first laws against operating a motor vehicle while under the influence of alcohol went into effect in New York in 1910.
In 1936, Dr. Rolla Harger, a professor of biochemistry and toxicology, patented the Drunkometer, a balloon-like device into which people would breathe to determine whether they were inebriated.
In 1953, Robert Borkenstein, a former Indiana state police captain and university professor who had collaborated with Harger on the Drunkometer, invented the Breathalyzer. Easier-to-use and more accurate than the Drunkometer, the Breathalyzer was the first practical device and scientific test available to police officers to establish whether someone had too much to drink. A person would blow into the Breathalyzer and it would gauge the proportion of alcohol vapors in the exhaled breath, which reflected the level of alcohol in the blood.
Despite the invention of the Breathalyzer and other developments, it was not until the late 1970s and early 1980s that public awareness about the dangers of drinking and driving increased and lawmakers and police officers began to get tougher on offenders.
In 1980, a Californian named Candy Lightner founded Mothers Against Drunk Driving, or MADD, after her 13-year-old daughter Cari was killed by a drunk driver while walking home from a school carnival. The driver had three previous drunk-driving convictions and was out on bail from a hit-and-run arrest two days earlier. Lightner and MADD were instrumental in helping to change attitudes about drunk driving and pushed for legislation that increased the penalties for driving under the influence of alcohol and/or drugs. MADD also helped get the minimum drinking age raised in many states.
Today, the legal drinking age is 21 everywhere in the United States and convicted drunk drivers face everything from jail time and fines to the loss of their driver's licenses and increased car insurance rates. Some drunk drivers are ordered to have ignition interlock devices installed in their vehicles. These devices require a driver to breath into a sensor attached to the dashboard; the car won't start if the driver's blood alcohol concentration is above a certain limit.
Despite the stiff penalties and public awareness campaigns, drunk driving remains a serious problem in the United States. In 2005, 16,885 people died in alcohol-related crashes and almost 1.4 million people were arrested for driving under the influence of alcohol or drugs.
www.SanDiegoDUIlawyer.com/blog
Tuesday, September 09, 2008
Breath Test evidence ruled inadmissible in 19 dui arizona cases
San Diego DUI criminal defense lawyers just heard that Tucson City Court judge has reversed an earlier ruling allowing breath test evidence in 19 alleged drunken driver cases and now won't allow the evidence at trial. www.SanDiegoDrunkDrivingAttorney.net/articles
Judge Margarita Bernal ruled Monday that testimony in an unrelated Superior Court case changed her mind about allowing the breath tests.
Bernal cited the testimony of Toby Hall, president of CMI, the Owensboro, Ky.-based company that makes the Intoxilyzer 8000 machines and software used in Arizona.
"The testimony of Mr. Hall clearly raises anomalies, errors and issues which can impact (the machine's) reliability and credibility," Bernal wrote.
Defense attorneys in cases before Bernal and other judges in Pima County say CMI and the state must provide the source code for the Intoxilyzer 8000 so they can check for accuracy.
"The defendant(s) should be entitled to review of the source code," Bernal ruled Monday. "The right to cross examine the evidence against the accused is fundamental."
Without the source code, Bernal ruled, the breath test evidence can't be allowed at trial.
In recent months, breath tests in more than 100 DUI cases in Tucson City Court have been thrown out after CMI refused to disclose the source code. Many of those cases have been dismissed as a result, the Citizen previously reported.
Pima County Superior Court Judge Deborah Bernini is expected to rule this month on whether the source code should be revealed in 19 alleged drunken driver cases unrelated to the City Court action.
"If you asked me to rule from the bench today, it would not be in the state's favor," Bernini said in July after Hall's testimony.
Tucson police use the Intoxilyzer 8000 with software that Hall said has been corrected in current versions.
"We are working with city prosecutors to determine whether to continue with the Intoxilyzer 8000 or look at other options," said Tucson Police spokesman Officer Chuck Rydzak.
"We've had no direction yet from city prosecutors so far to use any other machines," Rytzak said.
"Anyone accused of DUI is seen as an outcast and a social pariah," said premier DUI Defense attorney James Nesci, who is involved in the cases before Bernini.
"Most people want the defense to roll over and submit to the police tests just because the police say that the machine works. For that reason, this issue has been highly politicized and it should not be."
www.SanDiegoDUIhelp.com
Judge Margarita Bernal ruled Monday that testimony in an unrelated Superior Court case changed her mind about allowing the breath tests.
Bernal cited the testimony of Toby Hall, president of CMI, the Owensboro, Ky.-based company that makes the Intoxilyzer 8000 machines and software used in Arizona.
"The testimony of Mr. Hall clearly raises anomalies, errors and issues which can impact (the machine's) reliability and credibility," Bernal wrote.
Defense attorneys in cases before Bernal and other judges in Pima County say CMI and the state must provide the source code for the Intoxilyzer 8000 so they can check for accuracy.
"The defendant(s) should be entitled to review of the source code," Bernal ruled Monday. "The right to cross examine the evidence against the accused is fundamental."
Without the source code, Bernal ruled, the breath test evidence can't be allowed at trial.
In recent months, breath tests in more than 100 DUI cases in Tucson City Court have been thrown out after CMI refused to disclose the source code. Many of those cases have been dismissed as a result, the Citizen previously reported.
Pima County Superior Court Judge Deborah Bernini is expected to rule this month on whether the source code should be revealed in 19 alleged drunken driver cases unrelated to the City Court action.
"If you asked me to rule from the bench today, it would not be in the state's favor," Bernini said in July after Hall's testimony.
Tucson police use the Intoxilyzer 8000 with software that Hall said has been corrected in current versions.
"We are working with city prosecutors to determine whether to continue with the Intoxilyzer 8000 or look at other options," said Tucson Police spokesman Officer Chuck Rydzak.
"We've had no direction yet from city prosecutors so far to use any other machines," Rytzak said.
"Anyone accused of DUI is seen as an outcast and a social pariah," said premier DUI Defense attorney James Nesci, who is involved in the cases before Bernini.
"Most people want the defense to roll over and submit to the police tests just because the police say that the machine works. For that reason, this issue has been highly politicized and it should not be."
www.SanDiegoDUIhelp.com
Monday, September 08, 2008
Teen in san diego dui crash
San Diego dui attorneys report a 16-year-old suspected of driving while intoxicated seriously injured himself in a crash early Sunday morning, officials said.
The teen, whose name has not been released because he is a minor, was southbound in the 500 block of West California Avenue shortly before 3:30 a.m., sheriff's officials said.
The teen careened off the roadway and into a large tree, causing serious damage to the vehicle he was driving and serious injuries to his lower body, officials said.
He showed signs of being under the influence of alcohol, officials said.
He was taken by ambulance to Palomar Hospital in Escondido. No information was available about his condition.
The sheriff's station in Vista is investigating the crash.
The teen, whose name has not been released because he is a minor, was southbound in the 500 block of West California Avenue shortly before 3:30 a.m., sheriff's officials said.
The teen careened off the roadway and into a large tree, causing serious damage to the vehicle he was driving and serious injuries to his lower body, officials said.
He showed signs of being under the influence of alcohol, officials said.
He was taken by ambulance to Palomar Hospital in Escondido. No information was available about his condition.
The sheriff's station in Vista is investigating the crash.
Sunday, September 07, 2008
Noon drunk driving checkpoint with Goodie Bags Awards in the Garden State
San Diego DUI criminal defense lawyers heard Honolulu Police recently set up a noon sobriety checkpoint at Ala Moana Beach Park yesterday than a dozen officers began scribbling citations. For every HPD ticket handed out, five Mothers Against Drunk Driving goodie bags were awarded to motorists who arrived buckled up, papers in order, with nothing stronger on their breath than a Jamba Juice smoothie — which law-abiding drivers were also given, courtesy of the two dozen MADD Hawai'i volunteers on duty.
Two folks were in and out of the checkpoint in under a minute with smoothies, magnets and key chains in hand.
"It's way too early to be drinking. Some of us don't drink and drive, ever."
"Labor Day weekend is always dangerous," said Leah Marx, executive director of MADD Hawai'i, "because there's an extra day, and that means people are going to parties, barbecues, they're going to the beach, and a lot of times that involves alcohol."
The daylight checkpoint was aimed less at snagging afternoon inebriates than alerting Labor Day weekend motorists to be careful, say DUI criminal defense attorneys.
Labor Day is traditionally one of the deadliest three-day holidays of the year, he said. But thanks in part to a drunken-driving crackdown by law enforcement agencies nationwide, traffic deaths are coming down.
Police statistics show that the number of people killed on O'ahu's highways so far this year, 29, is down almost 33 percent from the 43 people killed during the same period last year. Still, too many of those deaths have involved alcohol and speeding, police said.
"Our intention is not always to enforce," Vierra said. "Sometimes we like to focus mostly on education. This is kind of like that. For the most part, we're setting this up in the middle of the day to let people know what we do and that we'll be out there over the weekend."
Vierra said similar checkpoints would be conducted at unannounced locations and times throughout the weekend and continuing through Wednesday. Those checkpoints will mainly occur after dark, when partying motorists are known to roam the roads.
Don't expect smoothies at these checkpoints, police say.
Among the volunteers who held "Don't Drive & Drink" signs and passed out Jamba Juice were members of MADD's Youth in Action program, as well as numerous yellow-shirted Navy senior petty officers.
The 3-hour checkpoint at Ala Moana netted more than 150 vehicles.
Police issued six citations for no driver's license, 13 for inadequate insurance documents, three for child-restraint violations, eight for miscellaneous infractions (outdated safety checks, etc.), and a single warning to a guy whose .072 alcohol level was barely under the legal limit of .08 (he parked his car and walked home).
Meanwhile, MADD issued more than 12 dozen smoothies.
If you're going to drive, don't drink to the level of .08%, according to San Diego DUI attorneys. www.SanDiegoDUIhelp.com
Two folks were in and out of the checkpoint in under a minute with smoothies, magnets and key chains in hand.
"It's way too early to be drinking. Some of us don't drink and drive, ever."
"Labor Day weekend is always dangerous," said Leah Marx, executive director of MADD Hawai'i, "because there's an extra day, and that means people are going to parties, barbecues, they're going to the beach, and a lot of times that involves alcohol."
The daylight checkpoint was aimed less at snagging afternoon inebriates than alerting Labor Day weekend motorists to be careful, say DUI criminal defense attorneys.
Labor Day is traditionally one of the deadliest three-day holidays of the year, he said. But thanks in part to a drunken-driving crackdown by law enforcement agencies nationwide, traffic deaths are coming down.
Police statistics show that the number of people killed on O'ahu's highways so far this year, 29, is down almost 33 percent from the 43 people killed during the same period last year. Still, too many of those deaths have involved alcohol and speeding, police said.
"Our intention is not always to enforce," Vierra said. "Sometimes we like to focus mostly on education. This is kind of like that. For the most part, we're setting this up in the middle of the day to let people know what we do and that we'll be out there over the weekend."
Vierra said similar checkpoints would be conducted at unannounced locations and times throughout the weekend and continuing through Wednesday. Those checkpoints will mainly occur after dark, when partying motorists are known to roam the roads.
Don't expect smoothies at these checkpoints, police say.
Among the volunteers who held "Don't Drive & Drink" signs and passed out Jamba Juice were members of MADD's Youth in Action program, as well as numerous yellow-shirted Navy senior petty officers.
The 3-hour checkpoint at Ala Moana netted more than 150 vehicles.
Police issued six citations for no driver's license, 13 for inadequate insurance documents, three for child-restraint violations, eight for miscellaneous infractions (outdated safety checks, etc.), and a single warning to a guy whose .072 alcohol level was barely under the legal limit of .08 (he parked his car and walked home).
Meanwhile, MADD issued more than 12 dozen smoothies.
If you're going to drive, don't drink to the level of .08%, according to San Diego DUI attorneys. www.SanDiegoDUIhelp.com
Saturday, September 06, 2008
Insurance Companies vote for california dui ignition interlock bill
San Diego DUI criminal defense lawyers at www.sandiegoduilawyer.com/about are told of the existence of this letter to the California governor:
August 27, 2008
The Honorable Arnold Schwarzenegger
Governor, State of California
State Capitol
Sacramento, CA 95814
RE: SB 1361 (Correa) Vehicles: DUI: Ignition Interlock
ACIC Position: Signature Requested
The Association of California Insurance Companies supports SB 1361.
SB 1361 will allow individuals convicted of driving under the influence of alcohol
to acquire a restricted driver’s license under certain circumstances. The bill will
allow individuals to acquire a restricted driver’s license that does not contain a
restriction with regard to where and when the person is allowed to drive if the
person submits proof of installation of a certified ignition interlock device and
agrees to maintain the device.
Anyone who drives a motor vehicle while under the influence of alcohol or drugs
creates a potential, often probable, risk of harm to persons and property –
including the driver – that should be deemed intolerable as a matter of public
policy. Driving while under the influence of drugs or alcohol is volitional conduct
that warrants the serious punishment that is already codified in California. Afterthe-
fact punishment may not always produce the desired deterrent effect.
SB 1361 will enhance the prevention of the extensive harm that too often results
when alcohol, drugs, and driving join forces at one time by creating a statewide
program under the Department of Motor Vehicles that will both assure
compliance with applicable DUI laws and offer opportunity for convicted drivers to
function as productive residents without jeopardizing the safety of other
motorists.
ACIC members support SB 1361 because it will positively and proactively
mitigate the virtually inevitable harm that DUI offenses cause.
ACIC respectfully requests your signature on SB 1361.
Very truly yours,
Jeffrey J Fuller
Vice President and General Counsel
August 27, 2008
The Honorable Arnold Schwarzenegger
Governor, State of California
State Capitol
Sacramento, CA 95814
RE: SB 1361 (Correa) Vehicles: DUI: Ignition Interlock
ACIC Position: Signature Requested
The Association of California Insurance Companies supports SB 1361.
SB 1361 will allow individuals convicted of driving under the influence of alcohol
to acquire a restricted driver’s license under certain circumstances. The bill will
allow individuals to acquire a restricted driver’s license that does not contain a
restriction with regard to where and when the person is allowed to drive if the
person submits proof of installation of a certified ignition interlock device and
agrees to maintain the device.
Anyone who drives a motor vehicle while under the influence of alcohol or drugs
creates a potential, often probable, risk of harm to persons and property –
including the driver – that should be deemed intolerable as a matter of public
policy. Driving while under the influence of drugs or alcohol is volitional conduct
that warrants the serious punishment that is already codified in California. Afterthe-
fact punishment may not always produce the desired deterrent effect.
SB 1361 will enhance the prevention of the extensive harm that too often results
when alcohol, drugs, and driving join forces at one time by creating a statewide
program under the Department of Motor Vehicles that will both assure
compliance with applicable DUI laws and offer opportunity for convicted drivers to
function as productive residents without jeopardizing the safety of other
motorists.
ACIC members support SB 1361 because it will positively and proactively
mitigate the virtually inevitable harm that DUI offenses cause.
ACIC respectfully requests your signature on SB 1361.
Very truly yours,
Jeffrey J Fuller
Vice President and General Counsel
Friday, September 05, 2008
Officer ok after inadvertently dragged in San Diego drunk driving accident
San Diego DUI lawyers are told a sheriff's deputy who was injured Tuesday night when a motorist he pulled over had to leave and accidentally dragged him caught his holster on the driver's truck door.
The driver was arrested nearby a short time later, and the deputy was treated for minor injuries at a hospital and released but is apparently ok.
The incident began on Poway Road near Pomerado Road about 10:30 p.m. Deputy Robert Gibson stopped a 46-year-old man after seeing him drive a truck a little in the bike lane, say San Diego DUI attorneys.
Gibson saw beer in the bed of the truck, smelled alcohol, and presumably may have jumped to some conclusions.
As Gibson stood at the driver's open door, he maintains he told the driver to shut off the engine and hand over the keys. The man may not have heard him correctly, possibly thinking the deputy said it was ok to go. Unfortunately, the man drove off and Gibson's holster was inadvertently caught on the truck's door.
The truck unknowingly dragged Gibson a bit before he was thrown off into some bushes, where he hit a tree.
San Diego police spotted the truck a short time later in a parking lot on Oak Knoll Road off Pomerado Road and arrested the man without further incident. Apparently overstating assault charges, the bail was unreasonably set at $360,000.00.
The driver was arrested nearby a short time later, and the deputy was treated for minor injuries at a hospital and released but is apparently ok.
The incident began on Poway Road near Pomerado Road about 10:30 p.m. Deputy Robert Gibson stopped a 46-year-old man after seeing him drive a truck a little in the bike lane, say San Diego DUI attorneys.
Gibson saw beer in the bed of the truck, smelled alcohol, and presumably may have jumped to some conclusions.
As Gibson stood at the driver's open door, he maintains he told the driver to shut off the engine and hand over the keys. The man may not have heard him correctly, possibly thinking the deputy said it was ok to go. Unfortunately, the man drove off and Gibson's holster was inadvertently caught on the truck's door.
The truck unknowingly dragged Gibson a bit before he was thrown off into some bushes, where he hit a tree.
San Diego police spotted the truck a short time later in a parking lot on Oak Knoll Road off Pomerado Road and arrested the man without further incident. Apparently overstating assault charges, the bail was unreasonably set at $360,000.00.
Thursday, September 04, 2008
San Diego DUI lawyers report news about San Diego Preliminary Alcohol Screening (PAS) Tests
San Diego DUI lawyers report news about San Diego Preliminary Alcohol Screening (PAS) Tests www.SanDiegoDrunkDrivingAttorney.net/articles
A new law goes into effect January 1, 2009 in California. Vehicle Code Section 23154
If you are under 21, you are required to take a Preliminary Alcohol Screening (PAS) test if stopped by the police and they believe that you have been drinking and you are driving. This is optional for people over the age of 21, and in fact, the law requires the police officer tell you that you have the absolute right to refuse this test; they rarely ever tell anyone that, but they will say they did when they get into court.
Under the new code, if you are on probation for Driving Under the Influence (DUI), you must take the PAS test or it will be considered a refusal, and your license can be suspended for an additional year. If you blow into the machine, and it registers 0.01% or greater, you will lose your license for one (1) year.
The problem with these machines is that they also detect other substances as alcohol, they are not maintained by a laboratory, generally not maintained according to law, and your driving privilege depends on this piece of junk. I have the Intoximeters Inc. Alco-Sensor IV PAS used by San Diego DUI area police. When one blows into it, it show how other things, such as white or Wonder bread, or even soy sauce, can give false positive readings as if it were alcohol.
If you are on probation in California in January of 2009 for DUI, don't refuse the PAS if requested to take, but get a San Diego DUI defense lawyer and fight it. Your rights are being erroded faster than you can imagine, and the only way to protect our Government is to fight the Government's erroneous, untrustworthy, unreliable and/or false PAS evidence.
A new law goes into effect January 1, 2009 in California. Vehicle Code Section 23154
If you are under 21, you are required to take a Preliminary Alcohol Screening (PAS) test if stopped by the police and they believe that you have been drinking and you are driving. This is optional for people over the age of 21, and in fact, the law requires the police officer tell you that you have the absolute right to refuse this test; they rarely ever tell anyone that, but they will say they did when they get into court.
Under the new code, if you are on probation for Driving Under the Influence (DUI), you must take the PAS test or it will be considered a refusal, and your license can be suspended for an additional year. If you blow into the machine, and it registers 0.01% or greater, you will lose your license for one (1) year.
The problem with these machines is that they also detect other substances as alcohol, they are not maintained by a laboratory, generally not maintained according to law, and your driving privilege depends on this piece of junk. I have the Intoximeters Inc. Alco-Sensor IV PAS used by San Diego DUI area police. When one blows into it, it show how other things, such as white or Wonder bread, or even soy sauce, can give false positive readings as if it were alcohol.
If you are on probation in California in January of 2009 for DUI, don't refuse the PAS if requested to take, but get a San Diego DUI defense lawyer and fight it. Your rights are being erroded faster than you can imagine, and the only way to protect our Government is to fight the Government's erroneous, untrustworthy, unreliable and/or false PAS evidence.
Tuesday, September 02, 2008
California DUI arrests up over holiday weekend
San Diego California DUI lawyers report (www.sandiegodrunkdrivingattorney.net/araticles) the California Highway Patrol maintain a slight increase in DUI arrests and a decrease in traffic deaths in the state during the first three nights of the four-day Labor Day weekend maximum enforcement period.
CHP officers arrested 1,416 drivers for California DUI driving under the influence of drugs or alcohol during the period from 6 p.m. Friday to 6 a.m. today. That number is up from 2007, when 1,406 drivers were arrested for California DUI during the first three nights of the Labor Day weekend enforcement period.
Statewide traffic deaths have decreased, with 23 people killed in the state during the enforcement period. The number of deaths this year is down compared to the 42 that were killed during the same period last year. California DUI criminal defense lawyers are told.
There have been two traffic deaths in the Bay Area during the first three nights of the enforcement period, according to California DUI attorneys.
The Labor Day holiday weekend maximum California DUI enforcement period will run through midnight today.
CHP officers arrested 1,416 drivers for California DUI driving under the influence of drugs or alcohol during the period from 6 p.m. Friday to 6 a.m. today. That number is up from 2007, when 1,406 drivers were arrested for California DUI during the first three nights of the Labor Day weekend enforcement period.
Statewide traffic deaths have decreased, with 23 people killed in the state during the enforcement period. The number of deaths this year is down compared to the 42 that were killed during the same period last year. California DUI criminal defense lawyers are told.
There have been two traffic deaths in the Bay Area during the first three nights of the enforcement period, according to California DUI attorneys.
The Labor Day holiday weekend maximum California DUI enforcement period will run through midnight today.
Monday, September 01, 2008
San Diego DUI / DMV Labor Day stats
San Diego DUI / DMV defense attorneys report the California Highway Patrol reported Sunday that two people died on San Diego County roadways in the first 36 hours of the Labor Day holiday weekend, compared to three in the same time period last year.
A Riverside man who was a passenger in a car that crashed on Interstate 15 north of Escondido early Sunday, and an unidentified occupant of a car that crashed while being chased by the U.S. Border Patrol in Alpine late Friday night were the victims.
A third fatality might be added to the toll later. Someone died in a car that went off a cliff at the Torrey Pines glider port, but the circumstances and timing of the death are unclear.
Statewide, 14 people have died during the holiday weekend, compared to 19 last year. The 10 fatalities in the CHP jurisdiction included nine who weren't wearing seatbelts, Officer Rob Sanchez said.
A total of 72 people were arrested for San Diego DUI - driving under the influence in San Diego County during the period from Friday at 6 p.m. through 6 a.m. Sunday. That compares to 64 in the same time in 2007.
The statewide DUI arrest tally is 1,069, compared to 970 last year. www.sandiegoduihelp.com
A Riverside man who was a passenger in a car that crashed on Interstate 15 north of Escondido early Sunday, and an unidentified occupant of a car that crashed while being chased by the U.S. Border Patrol in Alpine late Friday night were the victims.
A third fatality might be added to the toll later. Someone died in a car that went off a cliff at the Torrey Pines glider port, but the circumstances and timing of the death are unclear.
Statewide, 14 people have died during the holiday weekend, compared to 19 last year. The 10 fatalities in the CHP jurisdiction included nine who weren't wearing seatbelts, Officer Rob Sanchez said.
A total of 72 people were arrested for San Diego DUI - driving under the influence in San Diego County during the period from Friday at 6 p.m. through 6 a.m. Sunday. That compares to 64 in the same time in 2007.
The statewide DUI arrest tally is 1,069, compared to 970 last year. www.sandiegoduihelp.com
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