Enjoying San Diego until the cops gave you a DUI? Calling a criminal defense lawyer who understands DMV and drunk driving cases in and out? Here's what you must do within 10 days of being arrested for a San Diego DUI:

10. If you need to save your driver's license or privileges, your 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 attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your 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 an 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 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:

California DUI Attorney

If you have been arrested for a DUI in San Diego, you need the best San Diego DUI criminal defense lawyer available to defend your San Diego dui. A vigorous San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. Make the government respect your legal rights. Avoid or reduce penalties to the minimum. Utilize an aggressive San Diego DUI criminal defense lawyer to keep you advised every step. In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation with extensive experience immediately.



Hiring a premier San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.




Check this San Diego DUI Attorney with special assistance available:

San Diego DUI Attorney

If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



Be smart in choosing the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.



A quality "Superb" rated San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases. San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, click here.

On August 1, 2009, Rick lectured at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School in Los Angeles. If you need to save your driver's license or privileges, your san diego drunk driving criminal defense attorney has only ten (10) calendar days to contact DMV!





All a San Diego California DUI DMV defense lawyer 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!

Video of San Diego DUI / DMV Attorney

San Diego DUI Defense Attorney Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at seven DUI seminars in San Diego County in the last several years. At an eigth seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California. The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent. At a ninth seminar, he lectured at "Attacking & Defending DUI cases" sponsored by Felipe Plasencia and the MABA on August 1, 2009. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. Rick is the only San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. The book features some of San Diego DUI attorney Rick Mueller's hard work.



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



COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM

Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail




Click on below sites for more information by a San Diego DUI Lawyer: >

San Diego DUI

Video of San Diego DUI / DMV Attorney

Blog & Twit this! San Diego DUI & Drunk Driving Defense Lawyer Specialist Rick Mueller is a Superb-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience.
On August 1, 2009, known as the "DMV Guru," Rick Mueller lectured at the Annual Attacking & Defending DUI Cases Seminar at Loyola School of Law in Los Angeles. He dedicates 100% of his law practice to aggressively defending those accused of a DUI. San Diego California Criminal Defense Attorney Rick Mueller spoke at the last California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California. The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again in California.



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.

Video of San Diego DUI / DMV Attorney

Juvenile San Diego Criminal Defense by Lawyer Lynn Thomas

San Diego Criminal Defense Attorney Lynn Thomas helps Juveniles (minors under the age of eighteen years of age) can be prosecuted for any of the same crimes for which adults can be prosecuted.

San Diego Criminal Defense Attorney Lynn Thomas understands that although the goal of the juvenile justice system is to rehabilitate youthful offenders, probation officers, police, and prosecutors are as aggressive in their prosecution of juveniles as they are of adults.

San Diego Criminal Defense Attorney Lynn Thomas knows that juvenile offenders in San Diego who plead or who are found guilty of crimes that qualify as Strikes under California law may find themselves in a criminal prosecution when they are 18 or 19 years old, facing a Three Strikes case and potential life in prison for two robbery counts they admitted in a juvenile case when they were only 14 years old.

San Diego Criminal Defense Attorney Lynn Thomas is familiar with a new California law stating minors who are charged with certain violent crimes can be tried as adults without a hearing before a juvenile judge.

San Diego Criminal Defense Attorney Lynn Thomas can explain some important differences do exist between the adult and juvenile justice systems:

Except in rare cases, minors are not entitled to a jury trial under juvenile law.

That means a judge, good or bad, will hear the evidence and render a verdict. It is crucial that your San Diego juvenile crime defense lawyer have experience litigating cases before juvenile judges, so that a particular juvenile judge can be challenged if your lawyer feels that he may rule against the minor in a biased manner.

San Diego Criminal Defense Attorney Lynn Thomas knows juvenile law thoroughly to competently represent the minor.

San Diego Criminal Defense Attorney Lynn Thomas can convince a juvenile court judge that a minor is eligible for informal probation, meaning that if he or she complies with a probation officer's plan of supervision, the charges will be dismissed after the probationary period.

San Diego Criminal Defense Attorney Lynn Thomas knows most parents are completely unaware that they can be held liable for monetary losses caused by crimes committed by their sons or daughters under California law.

These are just a few of the reasons you will need to hire San Diego Criminal Defense Attorney Lynn Thomas, a skillful and experienced San Diego juvenile criminal defense attorney knowledgeable in juvenile law to defend your son or daughter.

Your freedom and record are too important to entrust to an inexperienced attorney. San Diego Criminal Defense Attorney Lynn Thomas is one of San Diego's most experienced criminal defense attorneys.

With over 25 years of experience devoted exclusively to the practice of criminal law and many years exclusively to juvenile law, California criminal defense attorney Lynn Thomas has successfully defended hundreds of people in all areas of criminal law.

IF YOUR SON, DAUGHTER OR RELATIVE IS CHARGED WITH A JUVENILE CRIME IN SAN DIEGO, CONTACT LYNN THOMAS(858) 248-9563 FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE IN JUVENILE COURT.

If arrested for DUI, contact a DUI defense lawyer today at 1 800 THE-LAW-DUI.

Start with the Free DUI Defense Survey for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privileges. Contact a San Diego California DUI Criminal Defense Lawyer who can help or visit below sites:

Video of San Diego DUI / DMV Attorney

San Diego DUI Lawyer

The most comprehensive San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI. Hassle-free San Diego DUI help for San Diego DUI court and San Diego DMV.

San Diego DUI Attorney Rick Mueller is a very experienced San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 years of extensive experience. Known as a California DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California. The California criminal defense lawyers who attended provided favorable responses to the President of the California DUI Lawyers Association.

Avoid bad things in life. One thing is a San Diego DUI. Simply follow this San Diego DUI criminal defense attorney's instructions in this story and it will work in whatever state you are.

This is from the state where drunk driving is considered a sport, comes a true story. Hope it helps you. Don't be charged with a San Diego DUI crime.

The easy, guaranteed & fun way to avoid a drunk driving charge in San Diego California:

Outside a local pub, Police noticed a man leaving so intoxicated that he could barely walk. The man stumbled around for a few minutes, with Police observing. After what seemed an eternity and trying his keys on five vehicles, the man fell into his car. He was there for a few minutes as a number of other patrons left the bar and drove off. He started the car, switched the wipers on and off (it was a fine dry night), flicked the indicators on, then off, tooted the horn and then switched on the lights. He moved the vehicle forward, reversed a little and then remained stationary for a few more minutes as some more vehicles left. At last he pulled out of the car park and started to drive slowly down the road. The Police put on the flashing lights, promptly pulled the man over. To his amazement the Breathalyzer indicated no alcohol! Police says: "I'll have to ask you to accompany me to the station, this Breathalyzer must be broken." "No, tonight I'm the designated decoy".

So if you follow this San Diego DUI criminal defense lawyer's instructions, you'll be free.

San Diego DUI criminal defense lawyers are often asked by drunk driving probationers who reside out of state if there is an online alcohol program.

Online program for out-of-state people, under limited circumstances: If you are out of state, you may be able to do your program online at at either http://www.myduiclass.com or http://www.tomwilsoncounseling.com/onlineDUI.html

If you are ordered to do the program out of state, you may have to request your County's Assessment Unit when you speak with them that you can do online.

If your state of residence, or the state where the offense occurred in is listed, you need to follow any indicated steps. If your state is not listed below, that simply means that Right Direction Services' online alcohol program has not been contacted by the authority in that state to require clients to get preapproval.

Contact information for two online DUI programs

Right Direction Services LLC http://www.myduiclass.com/states.html 1415 Pate Plaza PMB 452 South Beloit, IL 61080 Phone: (815) 389-9564 Fax: (773) 822-0793 Email: support@myduiclass.com Tom Wilson Counseling Center 514 S. Orchard, Suite 101 Boise, ID 83705 Phone: 208.368.9909 Toll Free: 1.877.368.9909 Fax: 208.388.1687 Email: twcc@tomwilsoncounseling.com

Caution: If you are on Court Probation, you have no problem living in another state (unless you are on formal probation). The class must be completed in California for you to get credit and get the suspension lifted from the DMV. However, you can request for a waiver once you have established your residency in your state. Once there, contact DMV and tell them you no longer intend to reside in California. They will send you forms to fill out and you can then waive the class and have the suspension lifted. This only works if you never come back to California. If you do, and decide to reside here again, you must then complete the DUI class to get a California license.

San Diego DUI and DMV Defense Survey by Criminal Attorney

If you were arrested in San Diego County, completing this survey will expedite getting the needed information to DUI/DMV Attorney Rick Mueller (for his eyes only).
If Breath Test, before completing Survey, it is recommended you first view California DUI & Drunk Driving Defenses to San Diego County Breath Test. If Blood Test, please feel free to view Defenses to San Diego County Blood Test.

1. Did the officer take your driver's license or give you a paper called "Administrative Per Se Order of Suspension/Revocation, Temporary Driver License Endorsement"?
Yes
No

2. Have you contacted the DMV (to save your driving privileges) yet?:
Yes
No


If you have contacted DMV within the ten (10) day limit, when is your appointment (date and time)?:


3. Have you ever been arrested for DUI before?
Yes
No

4. What date and time were you first detained/arrested by the officer?:


5. Approximately how many minutes went by from the time you were arrested (when they handcuffed you) until you arrived at the chemical test location (blood, breath or urine test location)?:


6. Approximately how many minutes went by from the time you arrived at the chemical test location until you took the first chemical test (blood, breath or urine test)?:


7. Did the officer have a valid reason for stopping or contacting you in the vehicle? (if not - we can win):
Yes
No
I don't know/not applicable

8. What did the officer indicate to you as the reason for the traffic stop or contact with you (check any that apply)?:
- Speeding
- Weaving
- Involved in accident - No injury to anyone
- Involved in accident-Injuries to at least one person
- Roadblock/Checkpoint
- Unknown - I don't know
- S/he didn't tell me


If none of the above apply, please indicate the reason for the stop of your vehicle or contact with you?:
Other

9. Did the officer see you driving a vehicle?:
Yes
No
I don't know/not applicable

10. Did you admit to driving the vehicle?:
Yes
No
I don't know/not applicable

11. If you drank alcoholic beverages, what type (highlight all that apply)?:
None consumedBeer-RegularBeer-MicrobrewBeer-Malt LiquorWine-RedWine-WhiteGinVodkaRumTequilaMartiniLong Island Iced TeaOther

If 'Other', please indicate type of beverage?:


12. Think about the drinks you had. Many people under estimate how many drinks they had, or cannot remember. This is extremely important to your case though. In order to calculate your Blood Alcohol Level please indicate how many drinks you had total (one drink is equal to a 12 ounce beer, a regular glass of wine, or 1 shot-1 1/4 ounces-of hard liquor)?:
None consumedOne (1 drink)Two (2 drinks)Three (3 drinks)Four (4 drinks)Five (5 drinks)Six (6 drinks)Seven (7 drinks)Eight (8 drinks)Nine (9 drinks)Ten (10 drinks)Eleven (11 drinks)Other amount of drinks

13. Approximately what time did you finish your LAST alcoholic beverage?:
I don't know/not applicable

14. What time did you tell the officer you last drank?:

15. If you were on prescription medications or other drugs, what type? (highlight all that apply)?:
Not ApplicableAnti-depressantPain medicationValium/TranquilizerMarijuanaMethamphetaminePowdered Cocaine'Crack' CocaineHeroin'Ecstasy'Other

If 'Other', please indicate type of medication or drug?:
I don't know/not applicable

16. What size meal did you have before the arrest?:
Hadn't eaten within the time limitBar SnacksSmall mealMedium mealLarge mealExtremely large mealOther meal

When, before the arrest, did you eat?:



Analysis Questions-Field Sobriety Tests/Reasonable Cause to Arrest

--------------------------------------------------------------------------------

17. Please select the field sobriety tests you were requested to perform? (check all that apply):
- Did not take any field tests
- Follow a pen, finger, or other object with you eyes, not moving your head
- Standing with my head tilted back and eyes closed, feet together
- Standing on one foot for a period of time
- Patting your hands together
- Counting on your fingers
- Saying or writing the ABC's
- Walking a straight line, or heel-to-toe
- Touching your nose with finger
- Other

If 'Other', please indicate what they made you do?:
I don't know/not applicable

18. Did you blow into a field breathalyzer or hand-held type gadget (a PAS)?:
Yes
No

If you know, what was the result of the hand-held breathalyzer gadget test?:
I don't know/didn't tell me

Did the officer advise you that you could refuse to take the hand-held gadget breath test?
Yes
No
I don't know/not applicable

19. Did you fail to satisfactorily perform the balance and coordination tests as demonstrated to you by the officer?:
Yes
No
I don't know/not applicable


Analysis Questions - Chemical Test/Chemical Test Refusal

--------------------------------------------------------------------------------
20. Please select the type of chemical test you took (or whether you took a chemical test at all):
Blood
Breath
Urine
No Chemical Test Taken
I don't know/not applicable
What were the results of the test, if you know?:
I don't know/not applicable

21. If you are charged with refusing a chemical test,
The cop told me I would have my license suspended if I refused a
blood, breath or urine test, and I refused anyway.
I refused during the initial vehicle stop or contact with the cop.
I refused when they handcuffed me.
I refused in the patrol car.
I refused on the ride, in the patrol car, to the chemical test location.
I refused at the chemical test location.
I refused everything from the beginning.
The cop told me I refused when he first stopped me.
The cop told me I refused when we were doing Field Tests.
The cop told me I refused when he handcuffed me.
The cop told me I refused when we were in the car.
The cop told me I refused when we were driving to the chemical test location.
The cop told me I refused when we were at the chemical test location,
but he didn't tell me I would lose my license if I refused.
The cop told me I could refuse the test when he used a hand-held breathalyzer, so I did.
The cop never told me I had to take a test and he didn't tell me I
would loose my license for refusing.
Other


If "other", please explain what happened:



--------------------------------------------------------------------------------


If you took a breath test (NOT the hand-held road test):

--------------------------------------------------------------------------------
22. For the breath test, after you arrived at the place where the breath machine was located, did you wait at least 15 minutes before your first breath into the machine?:
Yes
No
I don't know/not applicable
If at least 15 minutes went by after arriving where the breath machine was located, what were you and the officer(s) doing during that period of time (highlight all that apply)?
The officer(s) sat and watched me do nothing.The officer(s) were doing reports.The officer(s) were doing reports and talking with me and each other.I was chewing.I was sick.I was regurgitating.I was having indigestion.I was belching or burping.I was drinking.Other

If 'Other', please indicate what happened?:


23. After the breath test was completed, did the officer advise you that you had the right to take a blood or urine test, in addition to the breath test, to insure the accuracy of the breath machine or so you could have a sample collected for future testing?:
Yes
No
I don't know/not applicable

Did you take an additional blood or urine test?
I did not give an additional sample.I wasn't sure if I should give an additional sample.I knew I was over the limit anyway.I don't remember.The officer(s) talked me out of doing it.The officer(s) told me it would be used against me too.The officer(s) didn't tell me about this right of mine.I gave a urine sample after the breath test.I gave a blood sample after the breath test.Other


24. What type of law enforcement officer was the arresting officer (the one who gave you tests, handcuffed you, took you to jail)?:
California Highway PatrolmanLocal Sheriff DeputyCity Police OfficerOther Law Enforcement Officer

Please input the arresting officer's last name and badge or serial number:


Information necessary to contact you for an evaluation
and/or to confirm the survey data entered with public records

--------------------------------------------------------------------------------
25. Name the city where arrest took place?:

Where are you scheduled to appear in which California Court?:
Chula Vista (South Bay)El Cajon (East)San Diego (Downtown)Vista (North)Other

26. When is your court date?:


27. Have you consulted with another attorney?:
Yes
No

28. Is it your goal to win your DUI case and/or is it your goal to save your California Driver's License or Driving Privileges from suspension/revocation?:
Yes
No

29. Are you aware that DUI cases can be successfully defended?:
Yes
No

30. Are you aware that a conviction and/or driver's license suspension for DUI will result in insurance cancellation or a possible increase in cost between $15,000 to $25,000 during the next ten years?:
Yes
No



--------------------------------------------------------------------------------


Your Name?:

Email Address?:

Your Home Address?:

City?:

State?:

Zip?:


Home Phone?:

Business Phone?:

Cell Phone?:

Facsimile Number?:

Contact Preference (how do you want to be contacted, i.e. be
discreet, "Rick Mueller (a friend)", etc.)?:

Date of Birth?:

Driver License Number and State?:

Occupation?:

Annual Income?:

What is your budget to have an attorney represent you?:


Place of Employment?:

Congratulations. If you have checked your answers, please either send the email by pressing the below button, or, you can erase all data fields by clearing them below.
The above information is subject to the attorney-client privilege and will not be viewed by anyone except Attorney Mueller.


I will use this information to contact you for a free initial case evaluation and consultation with me ONLY if you request. There is no fee for this service.

San Diego DUI / DMV Attorney Rick Mueller specializes in California DUI and
DMV law. He was a star lecturer at Loyola Law School's Annual DUI Seminar recently sponsored by Felipe Plasencia and the MABA on August 1, 2009. In fact, San Diego DUI Lawyer Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 7 DUI seminars in San Diego in the last several
years. An 8th seminar at the California Attorneys For Criminal Justice annual DUI seminar in 2008. The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were Superb. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. For good reason, specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, the book features some of San Diego DUI attorney Rick Mueller's lessons.

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

Premier San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)
4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail
Click on below sites to twit for more information & video by a San Diego DUI Lawyer:

San Diego DUI

Video of San Diego DUI / DMV Attorney

What is a San Diego DUI Expungement?

A DUI expungement is a legal process in which a criminal defense attorney petitions the San Diego Court to review a San Diego drunk driving / DUI-related conviction to determine:

•If the term of San Diego probation was successfully completed & concluded;
•That all San Diego fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner;
•That the San Diego petitioner is not now on probation for another San Diego offense;
•That the petitioner has no new pending San Diego or other cases;

The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed.

Expungement law (Penal Code Section 1203.4) provides in part:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."

What about applying for jobs?

•If Private Employers ask if you have every been convicted of a crime, you generally can respond with "NO".
•(Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.)
•On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.
What doesn't a San Diego DUI Expungement do?

Your dismissed San Diego DUI conviction can still be used to increase your punishment in future DUI cases. The offense is "priorable".

•It can still be used to enhance penalties & increase punishment should you get another DUI.
•It can be used to try to put you in jail or increase the length of a DMV suspension.
Does this erase all records and destroy the Court file?

No. An expungement

•the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court.

Will I need to go to Court?

No. I handle all Court work for you.

How Long Does A DUI Expungement Take?

Misdemeanors: Most expungements for misdemeanors take between 4 to 6 weeks to complete from the time the application is filed. This does not include the time needed to research all records and process the application. The more prepared you are as to the information needed (Case number, date of birth, conviction date, probation length, Vehicle Code charge number, and San Diego county court location) the quicker the application can be processed. If it is necessary to search the court records for information, it may take additional time.

There are a number of reasons to do so such as employment or licensing. However, at least half our clients want to expunge their record as final "closure" on an old mistake- just for peace of mind.

DISCLAIMER: Please be aware this page is NOT a comprehensive analysis of all expungement law, types of answers to types of questions asked, or of all types of remedies that may be available to you. This is NOT intended to be legal advice, and a consultation with a criminal defense lawyer in San Diego California is always first recommended and before answering any question. Call 800 THE LAW DUI today.

San Diego California DUI Prosecutor Must Prove Beyond a Reasonable Doubt that the Vehicle Volitionally Moved and the Person Was Actually Driving in San Diego county.

San Diego California Criminal Court "Driving" Defense Questions in DUI cases:

1) Did San Diego police officer actually observe the person driving the vehicle?
2) Does the San Diego officer have first-hand knowledge of the person driving?
3) Was the vehicle lawfully parked when the San Diego officer arrived on the scene?
4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving?
6) Can competent witnesses establish the vehicle moved within 3 hours of the San Diego DUI chemical test?
7) Is corpus delicti for a San Diego DUI offense (actual driver + driving of vehicle, etc.) established?
8) Was the warrantless San Diego DUI arrest lawful?

San Diego Case Law often used by Superior Court Judges may vary from DUI case to DUI case. A “slight movement” of the vehicle in the San Diego arresting officer’s presence must be shown, to constitute direct evidence that the vehicle was being driven. People v Wilson (1985) 176 CA3d Supp 1, 8, 222 CR 540. Moving the vehicle even a few inches constitutes "driving" the vehicle. Music v Department of Motor Vehicles (1990) 221 CA3d 841, 850, 270 CR 692. California Vehicle Code section 23152 (DUI)'s requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle. A misdemeanor arrest without a warrant is permissible only if a public offense occurs in the arresting officer's presence. Because the officer who arrested the driver did not see the driver's vehicle move, the driver was not lawfully arrested for a violation of Vehicle Code section 23152(a). Mercer v Department of Motor Vehicles (1991) 53 C3d 753, 762, 280 CR 745

Proof of person driving may be attempted to be shown by circumstantial evidence, in some San Diego DUI cases

• Elimination of other possible San Diego drivers. If other possible drivers have been eliminated from consideration, the defendant’s proximity to the vehicle is evidence from which a reasonable inference may be drawn that the defendant was the driver. In one case, a defendant who was found standing alone next to the vehicle after the accident and whose injuries were consistent with having sat in the driver’s seat was properly found to be the driver. e.g. People v Gapelu (1989) 216 CA3d 1006, 1009, 265 CR 94.

But e.g. People v Moreno (1987) 188 CA3d 1179, 1186, 1190, 233 CR 863 (corpus delicti was not established when there was no evidence that defendant was driver and there were other people at scene who may have driven); People v Nelson (1983) 140 CA3d Supp 1, 3, 189 CR 845 (corpus delicti was not established because it was possible other individuals may have been driving).

Corpus delicti for a San Diego DUI offense was established in a case in which the officers found the vehicle parked on the side of the highway with a flat tire, the defendant was sitting in the passenger seat of the vehicle while her companion was changing the tire, they were the only individuals in the vicinity of the vehicle, and both were under the influence of alcohol. The prosecution was not required to establish who was driving as a condition precedent for the admissibility of the defendant’s statement that she was the driver. Once the San Diego DUI lawyer prosecution established that a reasonable inference to be drawn from the evidence was that a person under the influence of alcohol drove the vehicle on the highway, it was entitled to use the defendant’s statement to establish that she was the driver. It was not required to eliminate all other inferences to establish the elements of the crime of San Diego DUI. People v McNorton (2001) 91 CA4th Supp 1, 5–6, 110 CR2d 930.

Even a parked car may establish a Corpus Delicti in a San Diego DUI case. See also People v Martinez (2007) 156 CA4th 851, 855–856, 67 CR3d 670 (corpus delicti established by evidence that an automobile was parked facing the wrong way with its engine running and its headlights on, and evidence that there were only two people in the vicinity, one of whom was in the passenger seat with her seatbelt buckled, and one of whom was intoxicated).

Free online DUI Evaluation
4660 La Jolla Village Drive Suite 500
PO Box 503483 San Diego CA 92150

San Diego California DUI arrest?

Do you have an out-of-state license (that the San Diego drunk driving arresting officer was not supposed to snatch)?

Was a pink California DMV Administrative Per Se Suspension/Revocation Order and Temporary Driver License given to you (as required by law)?

San Diego DUI criminal defense attorneys say this is what you need to know:

The Interstate Compact is a multi-state agreement between participating states to share information and reciprocate. It covers California license suspension actions and California DUI convictions.

Depending on previous DUI offenses or refusals, licenses may be automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DWI convictions (Connecticut).

If a resident of one state or holder of an out-of-state license has his or her driving privilege suspended by California DMV or gets convicted of DUI in California, the driver's home state can be notified. Your home or issuing state may honor & reciprocate - take action to suspend your resident's driver's license.

Just because you do not have a California driver's license and even if you do not plan to ever drive again in California, it is critical to know that a suspension of your driving privilege in California may result in a suspension of your home state driver's license.

No matter where you live, you obviously want to avoid, if not at least minimize, any driver's license suspension action by the California Department of Motor Vehicle (DMV). For this reason, you may need to consider diligently retaining a San Diego California DUI - DMV Attorney Specialist.

San Diego DUI criminal defense attorneys believe a man's castle is his home and that if drunk driving police want to come in they must have a warrant. This was recently affirmed in Hopkins v. Bonvicino (July 16, 2009) ___ Fed. ____ 07-15102 from the 9th Circuit. This civil case dealt with the right of officers to go in to a home without a warrant to investigate a possible DUI.

The California Supreme Court, previously in People v. Thompson (2006) 38 Cal.4th 811, allowed for a warrantless entry and arrest for a DUI in the subject’s home based on exigent circumstances where there was a loss or corruption of alcohol evidence. The 9th Circuit in no uncertain terms told the California Supreme that federal courts decide issues of the Fourth Amendment, not state courts.

In deciding the issue, the 9th Circuit looked at Welsh v. Wisconsin (1984) 466 U.S .740 and the United States Supreme Court’s decision of warrantless entry into a person’s house for a DUI arrest. The Circuit Court agreed that “an exigency related to a misdemeanor will seldom, if ever, justify a warrantless entry into the home” “Accordingly, even were there probable cause that Hopkins had in fact been driving under the influence, a warrantless entry into his home was unjustified.” (Bonvicino, at page 9045).

It seems therefore that Thompson is no longer good law, not that it was ever correct law. The citation by the Bonvicino court to the Welsh decision also undercuts another questionable & arguably irrational California case, People v. Schofield (2001) 90 Cal. App. 4th 968. Schofield upheld a warrantless arrest under Vehicle Code section 40300.5(e) destruction of evidence, by holding the metabolic destruction allowed for the warrantless arrest. The Bonvicino court reminded the California courts that metabolic destruction of evidence was considered by the Supreme Court in Welsh and clearly rejected “a warrantless home arrest cannot be upheld simply because evidence of the petitioner’s blood-alcohol level may have dissipated while the police obtained a warrant.” (Welsh, 466 U.S. 740, 754.)

The federal courts have stated there is a presence requirement for misdemeanor arrests. It is the federal courts which decide Fourth Amendment issues. Neither California Courts nor the state Legislature can create rules or exceptions around the requirements of the United States Constitution. Therefore, California Vehicle Code section 40300.5 is unconstitutional.

One point which was addressed by the Bonvicino court which may also have long lasting consequences in California was its quick but nice assessment of probable cause. In Bonvicino, there was a claim made by an identified citizen of the crime against the alleged perpetrator. The Court found this was not sufficient for the police to enter the home absent some outside corroboration with the citizen’s claim to establish probable cause. Does this mean People v. Wells (2006) 38 Cal.4th 1078, is also wrong? It arguably does. Considering Wells flies in direct contradiction of Florida v. JL (2000) 529 U.S. 266, which required independent verification of a detailed description of a possible man with a gun, as opposed to the general description of possible DUI in Wells. Bonvicino is a direct description of a DUI with very strong identification of the subject and an identified witness, but that still required independent verification to meet the probable cause standard.

San Diego DUI lawyers offer a free consultation.

Here's the comments of just some folks who were looking for a very fast & efficient DMV office in San Diego, California, for any reason (DUI or non-DUI):

Elite '09
191
68
Chuck F.
Chula Vista, CA

I was here to replace a lost Driver's License. A common practice for a night lifer, like me =( Damn, where are my keys?!

Without having an appointment, this can honestly be my best experience ever with any type of state facility. Although I live in Chula Vista, it was recommended by many friends to go to this South County location. This office has been in operaration for about a year and a half . I can honestly say, "locally, it's a hidden gem for the South County." This Green/ Eco friendly establishment is beautiful on the outside and industrial contemporary on the inside with all the new age electronic systems to rival that of any new Department of Vehicles in the state. For obvious reasons, they run a very efficient operation accommodating for big crowds. This helps people get their business done as quickly as possible.

I always recommend making an appoint prior to your visit to save time but if you don't... Don't fret, you'll get out fairly quickly (monitors will regulate est. wait times for you).
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96
149
Lo F.

San Diego, CA
4/13/2009 "You boys like MEX-EE-CO?"

Sorry, Super Troopers, anyway. The San Ysidro DMV wins at life. I seriously hesitate even writing this review because I don't want all ya'll coming here and spoiling the sweet, sweet lack of lines, ample parking and mildly friendly employees (I probably wouldn't be very friendly if I had to deal with people like me).

This DMV is the hidden promised land. The drive is worth your sanity - believe that. It's clean, easy to navigate and seriously, I've never been here longer than 30 minutes and I've never had an appointment! How is that even possible??

I hear there's good Mexican food across the parking lot. YES!
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5
49
William P.

Bedford, TX
3/25/2009 No more long lines and miserable people! Finally, a DMV that breaks the mold. It might be out of the way, but they're pretty efficient here.

Might as well stop by one of the outlet malls since it's so far down south.
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7
35
T. N.

Chula Vista, CA
2/14/2009 This DMV is NEW, FAST and NICE!! SOO MUCH BETTER than any other DMV!! I expected to wait like.. ohh.. a couple hours.. I was in and out in about 30 min.. actually maybe even LESS!! really fast and good service!! I was trying to find the old DMV in SanYsidro.. not tryin' to go to the one in my hood, Chula Vista I swear i think that, that DMV is the LONGEST one with rude service!! I found out about the newer one.. and I will ALWAYS go there from now on :P even though more people are gonna find out soon and I'll wait a little longer, atleast it's nice in there :) good luck DMV go'er's
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117
152
Marcy Lola R.

San Diego, CA
8/3/2008 I lost my drivers license last week at the House of Blues. I needed one ipso facto before I lost my border crossing fast pass. I work far away from any DMV offices. Or so I thought. Googled my location and found this brand new field office. Checked the wait time: 15 minutes. Got in the car and sped over there. Well, not really, but I went as fast as I could, legally.

The office is a bit tricky to find if you don't know the area, but basically, it's off the 905, in between freight trucks and used car yards. Parking is plentiful and spacious. I brought a book in just in case I had to wait.

Let me tell you, this place is freaking awesome! instead of making a mini-maze of windows inside (err, where is 19? oooh, next to 5, gotcha) - it's an open plan deal, with all the windows on the edge, clearly marked, and in order! with a big bank of chairs in the middle. The building is done in that wood, concrete and steel style, more fashion-y than spartan. The DMV people are actually cheery, expeditious, glammed up and good looking. DAMN. Really? Yes, they are cheery!

Between taking my number, waiting and taking a new picture, I was out in under 15 minutes. Can your DMV do that?
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366
448
Eddie P.

San Diego, CA
8/10/2008 Holy crap, this is the best DMV ever!

I work down the 905 and I had no idea there was a DMV here. The "field office" is quite efficient. I arrived at 9:30, stood in line for about 5 minutes and needed to get some registration done for my car... I've been putting it off. another 10 minutes later I was talking with a lady at the counter. She told me she couldn't do it again, but she'd extend my registration for another month, but handed me a 2 month thing instead.

I can't believe I was in and out of the DMV in 15 minutes without an appointment!!! Please no one read this review because I'm going to go here from now on.
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Do you think the San Diego DUI cop is on your side? If arrestesd, what are the San Diego DUI penalties?

San Diego DUI criminal defense lawyers strive to inform the public of their rights. San Diego drunk driving criminal defense attorneys make a living out of protecting folks' liberties.

Do you know the San Diego DUI officer is competing for most San Diego Drunk Driving arrests award given annually by MADD?

Do you think the San Diego DUI officer may possibly be keeping information from you? (e.g. San Diego DUI test record?)

Did the San Diego DUI cop tell you the hand-held gadget was optional and you did not have to blow?

[Statute requires San Diego Drunk Driving officer to inform you it is voluntary; unless under 21 or on San Diego DUI probation, you do not have to blow in the field, only at the station or jail.]

Do you think the San Diego DUI officer wants you to challenge him and fight him?

Why might someone have suggested you may not not need a San Diego DUI defense attorney?

[In all misdemeanor cases in courts throughout San Diego County, one cannot represent oneself. You must get a San Diego DUI criminal lawyer. Misdemeanors are serious, punishable by up to 6 months in jail + many very serious ramifcations including fine, etc.]

What about the San Diego DUI field tests? Did the San Diego DUI officer say how you did? Was he real fair about the way he subjectively judged your performance or ability to follow instructions?

Why did he still take your license?

Do you trust the San Diego DUI cop now?

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you.

FREE SAN DIEGO DUI & DMV DEFENSE "EVALUATION FORM"

San Diego DUI Defense Resource Center:

youtube video - click here

Things are looking good for folks accused of a San Diego DUI. Criminal Defense Attorneys applaud the three cases recently published!

In Melendez-Diaz v. Massachusetts (2009) 557 U.S. ____ , the United States Supreme Court reaffirmed the position of Crawford v. Washington (2004) 541 U.S 36, and further bolstered the right of confrontation of those involved in testing including but not limited to the blood test analyst.

At the same time, the California Supreme Court in People v. McNeal (2009) ____ Cal.4th ____ held that People v. Bransford (1994) 8 Cal.4th 885, had no impact on partition ratio when arguing the common law DUI charge of Vehicle Code Section 23152(a) - driving under the influence of alchol and/or drugs. Part of the evidence which can be admitted to rebut the presumption would be the difference in partition ratios from individual to individual and from day to day. This makes sense scientifically. The mere fact that one has more than .08 BREATH alcohol does not mean one has over .08 BLOOD ALCOHOL in their system at the time of driving. In fact, as the McNeal court noted, someone with a 1100 to 1 ratio would only have about half that alcohol in their blood as compared to what was found in their breath:

“Evidence that a defendant has a comparatively low partition ratio would thus tend to show that a blood-alcohol concentration calculated with the standard 2,100-to-1 ratio overstates the actual amount of alcohol in his blood. For someone with an extremely low ratio of 1,100 to 1, for example, use of the 2,100-to-1 partition ratio would overstate blood-alcohol content by almost 50 percent.” (Ibid, at page 15.)

Finally, the 9th Circuit in a civil case, Hopkins v. Bonvicino (2009)____ Fed. ____ , decided that warrantless entry in to a house for a DUI arrest violates the Fourth Amendment citing Welsh v. Wisconsin (1984) 466 U.S. 740.

Essentially, San Diego DUI criminal defense lawyers now have the right to cross examine virtually all of the prosecution's witnesses, to tell the truth about varying partition ratios in individuals who submit to San Diego DUI breath tests, and to demand warrants and strict adherence to federal guidelines in San Diego DUI cases. This is all very good for citizens who face San Diego drunk driving charges.

For a San Diego DUI criminal defense attorney ranked "Superb" by peers, clients and an independent ranking company, call 1 800 THE-LAW-DUI.

Rated "Superb by Avvo, San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association as he is the only San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Speaking at the Annual DUI Seminar in LA 2 weeks ago, Rick has been a factor in California's bible for DUI defense. The drunk driving strategies book features some of San Diego DUI attorney Rick Mueller's hard work. San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association with a free online Survey. He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.

San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar

Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)

California DUI Attorney

San Diego DUI Help

Video of San Diego DUI / DMV Attorney

You have found the Premier San Diego DUI Lawyer Info Source update!

In-depth, worry-free San Diego DUI information shows you California drunk driving laws, California DUI penalties, San Diego DUI police evidence, saving your California or out of state driver's license, DMV suspensions & hearings, what must be done within 10 days of a San Diego DUI arrest, San Diego DUI courts & DMV, San Diego DUI courts, San Diego DUI breath test defenses, San Diego DUI blood test defenses, avoiding a San Diego DUI, military base DUI, San Diego DUI expungement, San Diego DUI attorney & lecturer Rick Mueller's exclusive drunk driving defense biography with extensive experience since 1983, why you need a premier San Diego DUI Specialist attorney, and what is now important to do next.

San Diego Drunk Driving Defense Attorney Consultation available right now!

First, please take some important time to go through a online San Diego DUI Survey to (a) find out your best San Diego DUI strategy, (b) keep you driving and (c) immediately receive helpful emails & a proposal from San Diego DUI criminal defense lawyer Rick Mueller to handle your San Diego DUI case. Or call Rick now on his cell phone at (619) 218-2997.

"Superb" Avvo-rated San Diego DUI Criminal Attorney Rick Mueller relates the ways to clear your San Diego DUI or other criminal record: expungement, certificate of rehabilitation, governors pardon, and sealing your San Diego DUI or other juvenile arrest record. The idea is to help you clear your San Diego San Diego DUI or other criminal record.

Reasons why a professional-to-be wants to clear his or her record

If you are planning to apply for a professional license, and you have a San Diego DUI or other criminal arrest record, you should obtain honest, accurate advice on how to clear your San Diego DUI or other criminal record.

California may require you to demonstrate rehabilitation before offering a license in many areas of professional life, for example, to obtain a job as a lawyer, doctor, nurse, dentist, dental assistant, contractor, banker, real estate professional, car salesman, beautician, cosmetologist, massage therapist, chiropractor, etc.

Almost any professional job requires a State of California professional license.

Applications for all of these professions require a response to the question:

"Have you ever been convicted of any misdemeanor or felony conviction?"

While you will still be required to disclose the San Diego DUI or other criminal conviction, often, the first step toward obtaining a license is demonstrating rehabilitation generally by obtaining an expungement of your San Diego DUI or other criminal record.

San Diego DUI or other criminal expungement

In most cases, a San Diego DUI or other criminal defendant has a right to expungement after completion of San Diego DUI or other criminal probation.

A great benefit of this relief is that it affords the removal of the blemish of a criminal record. The San Diego DUI or other criminal court must grant you expungement once you have completed San Diego DUI or other criminal probation and fulfilled its conditions.

While the judge may have some discretion to deny relief, San Diego DUI criminal defense lawyer Rick Mueller has never been denied.

Once San Diego DUI or other criminal probation has been successfully completed, it will probably be granted.

Benefits of San Diego DUI or other Criminal Expungement

The most obvious benefit of San Diego DUI or other criminal expungement concerns employment. An expungement of your San Diego DUI or other criminal conviction will allow you to "truthfully represent to friends, acquaintances and private sector employers that [you have] no conviction." (People v. Acuna (2000) 77 Cal. App.4th 1056, 1060.) In People v. Mr. Smith (1989) 215 Cal. App.3d 230, the defendant had been convicted of felony grand theft. The charge was later reduced to a misdemeanor and dismissed pursuant to Penal Code section 1203.4. Some time later, Mr. Smith was charged with failure to inform potential investors of his prior felony conviction. At trial, the judge dismissed the related counts, and this was affirmed on appeal. "The purpose of Penal Code section 1203.4 'is to relieve from further punishment, and to restore rights to, one whose probation has resulted in his reformation.' [Citation] Smith's record of conviction has been 'wiped clean, subject only to reinstatement when, and only when, [he] commits another and subsequent crime' or other exceptional circumstances. Smith cannot be prosecuted for failing to voluntarily disclose this misdemeanor conviction." (Id. at 238-39).

Private employers may not even require an answer to the question of whether you were ever convicted and obtained 1203.4 relief. (See Cal Lab Code § 432.7a):

"No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction....")

Be forewarned that the worldwide web is full of information. If your arrest made the news, you can be assured that an employer will find it. Also, sometimes one can check the court records online. 1203.4 does not erase any court records. Your San Diego DUI or other criminal record would simply show that at its conclusion you obtained this relief.

Certificate of Rehabilitation and Governor's Pardon

A certificate of rehabilitation is the fist step toward a pardon by the Governor which will result in the restoring of all civil and political rights of citizenship including but not limited to the right to vote and the right to bear arms.

The process of rehabilitation and pardon is available for those persons who have suffered felony convictions and for those who have suffered convictions for misdemeanor sex offenses requiring registration as sex offender. There are exceptions for other sex offenses and offenses involving firearms.

A certificate of rehabilitation or Governor's pardon can in some cases relieve the person from the duty to register as a sex offender.

For a free consultation, call 1 800 THE-LAW-DUI to determine whether your San Diego DUI or other criminal conviction qualifies for relief under these provisions.

San Diego DUI or other Criminal Juvenile Records

Juvenile court records can generally be sealed after the minor turns 18-years old, or 5 or more years after the end of juvenile court jurisdiction. There are some juvenile records that cannot be sealed, depending on the type of offense found to have been committed, and depending on the age of the minor at the time of the DUI or other San Diego criminal offense.

San Diego DMV / DUI Hearing questions are often posed San Diego DUI attorneys.

The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




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.







Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

Video of San Diego DUI / DMV Attorney

San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

San Diego area DUI officers are often recognized for stellar if not unusual & excessive record of Drunk Driving arrests by MADD. A fair question posed by San Diego DUI criminal defense attorneys is how many bad cops made false DUI / DWI / Drunk Driving arrests?

San Diego Drunk Driving criminal defense lawyers are told some innocent people are arrested for DUI or Drunk Driving in San Diego County when their BAC levels were actually below the .08% California legal limit.

Some overzealous San Diego county DUI officers think a person could be impaired below .08% BAC . Some mistakenly believe suspects are impaired when they really are not intoxicated illegally.

Video evidence has caught copies not telling the truth. Videos would prove some reports of failed DUI field tests are not actually documented by the camera. It's time we used videos. This is "no-lie" video evidence.

Without videos, overstatements, improper conclusions and exaggerations will continue.

Many San Diego area DUI cops often double-dip - make one San Diego DUI arrest while having another DUI suspect in his car. Is this a violation of policy?

When MADD provides incentives for cops to compete by making more and more DUI arrests, the general public loses. The questionable incentive, bias and recognition dumped on this officer by an overzealous MADD apparently led him to violate the public trust and make unfair, incorrect & alarming statements in San Diego county DUI police reports.

We need a law requiring these San Diego DUI officers to use a video camera in DUI stops and arrests. The no-lie video would lead to fascinating evidence of true tactics.

For San Diego California citizen protection from renegade law enforcement personnel, San Diego DUI law enforcement vehicles should be equipped with relatively inexpensive video cameras. No lie.

If you want to see a video of a San Diego DUI criminal defense lawyer, click here.

San Diego County Public Defender (who has hundreds/thousands of cases)?

If you think you can get a Public Defender, consider:

If you work or have any assets, you simply do not qualify.

If you apply for a Public Defender, you will have to swear under "penalty of perjury."

If you do meet the financial eligibility criteria for a public defender for the Criminal Court side of your San Diego DUI case: (a) public defenders do not handle DMV matters; and (b) your court appointed attorney will not be available to discuss your DUI case with you until they have been officially appointed by the Judge no sooner than the date of your first San Diego Superior court appearance.

Since usually the 10 day grace period for requesting a DMV Licensing Hearing would have already lapsed, it is strongly recommended that you retain a qualified and proven a San Diego DUI Attorney Specialist to represent your civil matter with San Diego DMV.


Begin asking when perusing for a San Diego California DUI criminal defense lawyer:

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

" Does he teach other lawyers in San Diego how to handle DUI & DMV cases?

" Is he the Contributing Editor / Attorney in San Diego to the Bible for California DUI Defense - California Drunk Driving Law?

" Was he recently asked to be Donald Bartell's Contributing Editor/Author to the hottest/best-selling DUI book: Attacking and Defending Drunk Driving Tests?

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

" How much of his practice is DUI Defense?

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

" Is he immediate and comprehensive when responding to email issues?

Whether or not you end up retaining a San Diego California DUI / DMV Criminal Defense Attorney Specialist with this much experience, it is a smart idea to look closely at the credentials of a California DUI Defense Lawyer Specialist in this very complicated area of law.

Here's the answer to all of your drunk driving and DMV questions: a free Consultation for your San Diego Drunk Driving case!!

San Diego DUI criminal defense attorneys at San Diego County DUI Law Center point out the San Diego Superior Court, Criminal Division, twits / blogs on its

site

:

Misdemeanor

Misdemeanor crimes are generally punishable by a maximum base fine of $1000 (not including fees and assessments) and/or a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and drunk driving (DUI)

The processing of a misdemeanor usually follows this order:

An arrest is made - police take the defendant to jail. Three things can happen:


The defendant is released - no charges are filed.
The defendant posts bail/bond or is released on his or her own recognizance ("O.R.") and is scheduled for arraignment.
The defendant remains in the custody and is transported to court for arraignment.

Arraignment
The misdemeanor arraignment is the defendant's first appearance in court. The following events occur:


The defendant is informed of the charges against him or her.
The defendant is advised of his or her constitutional rights.
If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court.
The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty: The defendant states that he or she did not commit the crime.
Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
The defendant is released on his or her "Own Recognizance," or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

Pretrial/Readiness
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. The defendant may at this point change his or her plea.


Jury Trial
Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a misdemeanor must be brought to trial.

If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.

If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.

If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the court must begin the trial within ten days of the day the case is set or continued for trial.

Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

If you or a loved one needs to consult a DUI or Drunk Driving criminal defense lawyer, consider the San Diego County DUI Law Center today.

Understand after a San Diego DUI arrest, your drunk driving criminal defense attorney must do certain things within 10 days or forever be barred.

10. If you need to save your driver's license or privileges, your San Diego DUI 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 DUI criminal defense lawyer's calendar, DMV will not reschedule and you may not get the San Diego Drunk Driving Defense attorney of your choice. There is no rush as long as your San Diego DUI criminal 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 an 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 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:

California DUI Attorney

San Diego DUI Help

You need the best San Diego DUI attorney available to defend your San Diego drunk driving arrest. Exceptionally experienced San Diego DUI criminal defense attorneys will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.



In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.



If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



However, if all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.



A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.



A premier San Diego DUI attorney will be one with over 24 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.



San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit this twit.

Today Rick will speak at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California.

If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!





All a 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!

Video of San Diego DUI / DMV Attorney

Click to contact San Diego DUI Attorneys:

San Diego DUI Attorney

California DUI Attorney