Friday, January 29, 2010
Very Strict Drunk Driving Laws across California's border to the east: Arizona DUI / DWI Penalties
AZ Minimums:
DUI & BAC .08 or More
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
DUI & BAC .08 or More with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
DUI Drugs
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
DUI Drugs with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
Extreme DUI (.15 or More)
30 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
Extreme DUI (.15 or More) with a Prior Offense within 84 Months
120 Days Jail, none suspended, but 60 may be suspended upon successful completion of screening and treatment.
$3,680 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device & 30 Hours Community Service
Super Extreme DUI (.20 or More)
45 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
Super Extreme DUI (.20 or More) with a Prior Offense within 84 Months
180 Days Jail, none suspended, 90 must be served consecutively.
$4,600 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
Since jail reimbursement is required, a Super Extreme with a prior will cost more than $20,000 in non-waivable fines, fees and surcharges.
DUI & BAC .08 or More
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
DUI & BAC .08 or More with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
DUI Drugs
10 Days Jail, but 9 may be suspended upon successful completion of screening and treatment.
$1,470 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
DUI Drugs with a Prior Offense within 84 Months
90 Days Jail, but 60 may be suspended upon successful completion of screening and treatment.
$3,430 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
Extreme DUI (.15 or More)
30 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
Extreme DUI (.15 or More) with a Prior Offense within 84 Months
120 Days Jail, none suspended, but 60 may be suspended upon successful completion of screening and treatment.
$3,680 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device & 30 Hours Community Service
Super Extreme DUI (.20 or More)
45 Days Jail, none suspended.
$2,720 Fine (which includes all surcharges except the jail reimbursement fee)
90 Day License Suspension (if it has not already been suspended by MVD).
1 Year Ignition Interlock Device
Super Extreme DUI (.20 or More) with a Prior Offense within 84 Months
180 Days Jail, none suspended, 90 must be served consecutively.
$4,600 Fine (which includes all surcharges except the jail reimbursement fee)
1 Year License Suspension
1 Year Ignition Interlock Device
30 Hours Community Service
Since jail reimbursement is required, a Super Extreme with a prior will cost more than $20,000 in non-waivable fines, fees and surcharges.
Tuesday, January 26, 2010
San Diego DMV / DUI Lawyers explain the process of trying to get your license back after being arrested for drunk driving
San Diego DMV / DUI Lawyers explain the process of trying to get your license back after being arrested for drunk driving. 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.
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.
Looking for a Lawyer? On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
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.
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.
Looking for a Lawyer? On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
A Day in the Desert with the DUI Experts - Annual DUI seminar
. 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.Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
Video of San Diego DUI / DMV Attorney
Friday, January 22, 2010
Can you trust a San Diego DUI police officer?
Do you think San Diego DUI police officers are on your side?
Do you know the officer is competing for most DUI arrests award given annually by MADD?
Do you think the officer may possibly be keeping information from you? (e.g. test record?)
Did the cop tell you the hand-held gadget was optional and you did not have to blow?
[Statute requires officer to inform you it is voluntary; you do not have to blow in the field, only at the station or jail.]
Do you think the officer wants you to challenge him and fight him?
Why might someone have suggested you may not not need an attorney?
[In all misdemeanor cases in courts throughout San Diego County, one cannot represent oneself. You must get a San Diego DUI criminal defense attorney. Misdemeanors are serious, punishable by up to 6 months in jail + many very serious ramifications including fine, etc.]
What about the field tests? Did he say how you did? Was he real fair about the way he subjectively judged your performance or ability to follow instructions?
Why did he or she still take your license?
Do you trust the cop now?
Do you know the officer is competing for most DUI arrests award given annually by MADD?
Do you think the officer may possibly be keeping information from you? (e.g. test record?)
Did the cop tell you the hand-held gadget was optional and you did not have to blow?
[Statute requires officer to inform you it is voluntary; you do not have to blow in the field, only at the station or jail.]
Do you think the officer wants you to challenge him and fight him?
Why might someone have suggested you may not not need an attorney?
[In all misdemeanor cases in courts throughout San Diego County, one cannot represent oneself. You must get a San Diego DUI criminal defense attorney. Misdemeanors are serious, punishable by up to 6 months in jail + many very serious ramifications including fine, etc.]
What about the field tests? Did he say how you did? Was he real fair about the way he subjectively judged your performance or ability to follow instructions?
Why did he or she still take your license?
Do you trust the cop now?
Monday, January 18, 2010
San Diego Charger Vince Jackson cited for driving on a license suspended as a result of most recent DUI
San Diego Chargers wide receiver Vincent Jackson was driving on a suspended license after being pulled over by a San Diego police officer several hours before the team's AFC playoff game against the New York Jets Sunday.
The officer pulled over Jackson's vehicle as he was heading to the team's Murphy Canyon-area facility early Sunday morning because it was playing loud music. The officer reported Jackson's vehicle tags were expired. Jackson had been convicted of DUI-related charges and charged a second time with a San Diego DUI. The second charge from 2009 is still pending. DMV suspended his license after the second offense.
Jackson was taken out of his vehicle and handcuffed for a short period of time. With the choice to take Jackson to jail or cite him, the officer cited the wide receiver and impounded his vehicle. Jackson was given a ride by QB Phil Rivers.
The officer pulled over Jackson's vehicle as he was heading to the team's Murphy Canyon-area facility early Sunday morning because it was playing loud music. The officer reported Jackson's vehicle tags were expired. Jackson had been convicted of DUI-related charges and charged a second time with a San Diego DUI. The second charge from 2009 is still pending. DMV suspended his license after the second offense.
Jackson was taken out of his vehicle and handcuffed for a short period of time. With the choice to take Jackson to jail or cite him, the officer cited the wide receiver and impounded his vehicle. Jackson was given a ride by QB Phil Rivers.
Saturday, January 16, 2010
San Diego DUI Criminal Defense Lawyer helps Chargers!
Vincent Jackson works very hard in practices for the San Diego Chargers. His criminal defense attorney Cole Casey works very hard for the San Diego Chargers' player & fans! Both stars in their respective fields, Jackson & Casey may share a game ball some day! Hopefully the Super Bowl ball!
Jackson likely was headed for an NFL suspension this season after being arrested on suspicion of drunken driving last January, his second DUI arrest since 2006. But he avoided league discipline all year in large part by having his case delayed with legal procedures, including two continuances since November. The latest continuance came Tuesday in San Diego Superior Court.
“I don’t want him concentrating on anything else except catching footballs right now, and it’s pretty obvious that’s what he’s concentrating on,” said Cole Casey, Jackson’s attorney.
The maneuverings helped him stay on the field, where he helped lead the Chargers on a playoff run with 68 catches for 1,167 yards and nine touchdowns. Tomorrow he faces the New York Jets in a playoff game at Qualcomm Stadium.
His ultimate price, besides possible jail time, could be an NFL suspension — possibly a few games this fall. To have his case delayed again this week, an attorney for Jackson indicated to the judge there would be a plea deal in place or a trial date set the next time they appeared in court in March. If Jackson pleads guilty to an alcohol-related offense, it would be his second such conviction since 2006, when he pleaded guilty to misdemeanor drunken driving and received five years of probation.
“Discipline for a second or subsequent offense is likely to be a suspension,” says the NFL’s substance-abuse policy for alcohol-related offenses.
Jackson was not suspended by the league after his first conviction, which came about four months after his June 2006 arrest. He was on probation at the time of his second DUI arrest on Jan. 6, 2009. His blood-alcohol content then registered at 0.17 percent, double the state limit.
Casey argued in court last June that Jackson’s blood test results should be tossed out because his blood was drawn against his will, in violation of his rights against illegal searches and seizures.
Casey said Jackson repeatedly requested a breath test instead, as was his right. But the breath machine didn’t immediately accept his sample, and Jackson moved slowly while removing personal items to be inventoried, according to the testimony of a California Highway Patrol officer.
Because of this, the officer considered Jackson to be refusing the breath test. As a result, Jackson’s blood was drawn from his arm while his arms were handcuffed behind a chair.
A Superior Court judge rejected Casey’s argument, leading Casey to attempt an appeal in July.
That put the case on hold until October, when a judge determined the appeal attempt to be premature. On Nov. 3, Casey said, “I’m just going to continue it (the case) until after the season.”
A first continuance in such a case is generally granted almost automatically, said Randy Grossman, a local attorney and adjunct faculty member at the Thomas Jefferson School of Law.
For a second continuance, “good cause” is required, he said.
On Tuesday, Jackson received a second continuance because his attorney represented that there would be a “guaranteed disposition,” according to the city attorney’s office, which is prosecuting the case. A “guaranteed disposition” generally means a plea deal, but Casey said that’s not certain to happen.
Casey said Jackson is not trying to get off on a technicality or delay justice but instead is exercising his constitutional rights. He said it’s not uncommon for a trial to take place a year after an arrest.
Jackson said before the 2009 season the off-field issues were “something that’s unfortunate.”
“But I definitely have a positive outlook about it,” he said then. “My teammates have confidence in me, so I don’t worry that much about it.”
“It’s ultimately going to be up to Vince and I what we do, and we will wait until football season is over until we make that decision,” San Diego DUI lawyer Casey said.
Jackson likely was headed for an NFL suspension this season after being arrested on suspicion of drunken driving last January, his second DUI arrest since 2006. But he avoided league discipline all year in large part by having his case delayed with legal procedures, including two continuances since November. The latest continuance came Tuesday in San Diego Superior Court.
“I don’t want him concentrating on anything else except catching footballs right now, and it’s pretty obvious that’s what he’s concentrating on,” said Cole Casey, Jackson’s attorney.
The maneuverings helped him stay on the field, where he helped lead the Chargers on a playoff run with 68 catches for 1,167 yards and nine touchdowns. Tomorrow he faces the New York Jets in a playoff game at Qualcomm Stadium.
His ultimate price, besides possible jail time, could be an NFL suspension — possibly a few games this fall. To have his case delayed again this week, an attorney for Jackson indicated to the judge there would be a plea deal in place or a trial date set the next time they appeared in court in March. If Jackson pleads guilty to an alcohol-related offense, it would be his second such conviction since 2006, when he pleaded guilty to misdemeanor drunken driving and received five years of probation.
“Discipline for a second or subsequent offense is likely to be a suspension,” says the NFL’s substance-abuse policy for alcohol-related offenses.
Jackson was not suspended by the league after his first conviction, which came about four months after his June 2006 arrest. He was on probation at the time of his second DUI arrest on Jan. 6, 2009. His blood-alcohol content then registered at 0.17 percent, double the state limit.
Casey argued in court last June that Jackson’s blood test results should be tossed out because his blood was drawn against his will, in violation of his rights against illegal searches and seizures.
Casey said Jackson repeatedly requested a breath test instead, as was his right. But the breath machine didn’t immediately accept his sample, and Jackson moved slowly while removing personal items to be inventoried, according to the testimony of a California Highway Patrol officer.
Because of this, the officer considered Jackson to be refusing the breath test. As a result, Jackson’s blood was drawn from his arm while his arms were handcuffed behind a chair.
A Superior Court judge rejected Casey’s argument, leading Casey to attempt an appeal in July.
That put the case on hold until October, when a judge determined the appeal attempt to be premature. On Nov. 3, Casey said, “I’m just going to continue it (the case) until after the season.”
A first continuance in such a case is generally granted almost automatically, said Randy Grossman, a local attorney and adjunct faculty member at the Thomas Jefferson School of Law.
For a second continuance, “good cause” is required, he said.
On Tuesday, Jackson received a second continuance because his attorney represented that there would be a “guaranteed disposition,” according to the city attorney’s office, which is prosecuting the case. A “guaranteed disposition” generally means a plea deal, but Casey said that’s not certain to happen.
Casey said Jackson is not trying to get off on a technicality or delay justice but instead is exercising his constitutional rights. He said it’s not uncommon for a trial to take place a year after an arrest.
Jackson said before the 2009 season the off-field issues were “something that’s unfortunate.”
“But I definitely have a positive outlook about it,” he said then. “My teammates have confidence in me, so I don’t worry that much about it.”
“It’s ultimately going to be up to Vince and I what we do, and we will wait until football season is over until we make that decision,” San Diego DUI lawyer Casey said.
Friday, January 15, 2010
Begin with important Free San Diego DUI Defense Survey for Criminal Attorney Evaluation
San Diego DUI defense attorney Specialist Rick Mueller is a San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Rick Mueller applies every minute 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.
On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
Begin with important Free San Diego DUI Defense Survey
On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
A Day in the Desert with the DUI Experts - Annual DUI seminar
. The California criminal defense lawyers thought San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent.Begin with important Free San Diego DUI Defense Survey
at this online DUI consultation site
to protect your driving privileges in California.Video of San Diego DUI / DMV Attorney
Tuesday, January 12, 2010
San Diego DUI criminal defense lawyers discuss a San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial
San Diego DUI criminal defense lawyers discuss 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. Driver Safety Officer (DMV hearing officer), rather than a real judge, is an employee of the DMV not trained in law but who acts as both prosecutor and judge. She or he can unfairly 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.
Looking for a Lawyer? On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
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.
Looking for a Lawyer? On August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
A Day in the Desert with the DUI Experts - Annual DUI seminar
. AttorneyVideo of San Diego DUI / DMV Attorney
Friday, January 08, 2010
San Diego DUI Links and Drunk Driving Resources
Free Evaluation - Completing this Evaluation Form will expedite getting important information to San Diego DUI/DMV Attorney Rick Mueller.
How to avoid DUI
10 Tips to minimize your risk of being convicted of DUI in California.
California DUI Attorney
Why use a Specialist in DUI and DMV Law
List of DUI / DMV Victories & Drivers' Licenses Saved In The Past Year
DUI and DMV Defense Survey
California DUI Breath Test Defenses
California DUI Blood Test Defenses
California DUI - Unauthorized DUI Blood Drawer or Technician
About Rick Mueller
Contact
San Diego County Court Locations
Declaration of Independence
Bill of Rights
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)
Military Base DUI - Drunk Driving in San Diego Court
California DUI Boating / Drunk Boating
Drunk Driving Links
What you must do within 10 days of being arrested
How to avoid DUI
10 Tips to minimize your risk of being convicted of DUI in California.
California DUI Attorney
Why use a Specialist in DUI and DMV Law
List of DUI / DMV Victories & Drivers' Licenses Saved In The Past Year
DUI and DMV Defense Survey
California DUI Breath Test Defenses
California DUI Blood Test Defenses
California DUI - Unauthorized DUI Blood Drawer or Technician
About Rick Mueller
Contact
San Diego County Court Locations
Declaration of Independence
Bill of Rights
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)
Military Base DUI - Drunk Driving in San Diego Court
California DUI Boating / Drunk Boating
Drunk Driving Links
What you must do within 10 days of being arrested
Tuesday, January 05, 2010
Twitter those arrested for drunk driving in Texas
A Texas district attorney has decided that alleged drunk drivers deserve to have their identities broadcast upon arrest — before a conviction.
And he’s got just the Twitter account to handle the job.
The district attorney Brett Ligon’s office in Montgomery County Texas, a Houston suburb, will publish the names via Twitter of those charged with driving while intoxicated (DWI) between Christmas and New Year’s Eve this year.
Names of those arrested for DWI will be posted on District Attorney Ligon’s Twitter page. Innocent or guilty the names will be published when suspects are arrested.
The plan is the brain (and we’re using that term liberally here) child of County Vehicular Crimes Prosecutor Warren Diepraam, who seems to believe it will discourage folks from getting drunk and behind the wheel of a car. “It’s not a magic bullet that’s going to end DWIs, but its something to make people think twice before they get behind the wheel of a car and drive while they’re intoxicated,” he said.
Yes, drunks frequently think deeply about the consequences of their actions just before taking them. Why I’m sure that Montgomery County parties this weekend will be full of hard-drinking, law-abiding folks shaking their ice-filled glasses and wondering if their name will be spelled right on AG Ligon’s next Tweet.
No word yet on folks against whom the charges are dropped or who failed to be convicted of the charge. Forget “innocent until proven guilty” principle of American justice.
And he’s got just the Twitter account to handle the job.
The district attorney Brett Ligon’s office in Montgomery County Texas, a Houston suburb, will publish the names via Twitter of those charged with driving while intoxicated (DWI) between Christmas and New Year’s Eve this year.
Names of those arrested for DWI will be posted on District Attorney Ligon’s Twitter page. Innocent or guilty the names will be published when suspects are arrested.
The plan is the brain (and we’re using that term liberally here) child of County Vehicular Crimes Prosecutor Warren Diepraam, who seems to believe it will discourage folks from getting drunk and behind the wheel of a car. “It’s not a magic bullet that’s going to end DWIs, but its something to make people think twice before they get behind the wheel of a car and drive while they’re intoxicated,” he said.
Yes, drunks frequently think deeply about the consequences of their actions just before taking them. Why I’m sure that Montgomery County parties this weekend will be full of hard-drinking, law-abiding folks shaking their ice-filled glasses and wondering if their name will be spelled right on AG Ligon’s next Tweet.
No word yet on folks against whom the charges are dropped or who failed to be convicted of the charge. Forget “innocent until proven guilty” principle of American justice.
Saturday, January 02, 2010
.70% BAC may be a record BAC in a DUI case, 9 times over California DUI limit
San Diego DUI criminal defense lawyers learned that a lady found passed out in a stolen delivery van earlier this month allegedly registered a blood alcohol content of .708 — nearly nine times the legal limit and a possible record for the state. Marguerite Engle was found slumped over the van's steering wheel along a highway on Dec. 1.
The highest blood alcohol content state chemists he spoke with could recall was a .56. The state's legal limit is .08. She was being held on two counts of DUI / driving under the influence.
The highest blood alcohol content state chemists he spoke with could recall was a .56. The state's legal limit is .08. She was being held on two counts of DUI / driving under the influence.
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