Monday, February 08, 2010
Next Month's California DUI Lawyers Association Seminar Lineup!
March 13, 2010 San Francisco California DUI Seminar
THIS MCLE SEMINAR IS ONLY FOR CRIMINAL DEFENSE LAWYERS
California DUI & DMV Defense Speakers:
Adam Gasner - To Testify or Not To Testify
Francisco Rodriguez - Using SFST's to win your case!
Felix D'Amico - Obtaining and Utilizing In-Unit Videos in DUI Defense
Robert Little - A Brief History of Time Waivers
Darryl Genis - We'll all be surprised
Keith Staten - All about DMV Hearings and Writs
Cole Casey - Making Clients Happier
Captain Motion - Dumptrucks and the motions necessary to avoid being one
Michael Fremont - DUI Evidence Code
Jon Bryant Artz - Plan your case to CONFRONT the evidence—strategic planning
Ted Vosk - Forensic Metrology - The Foundation of Science in the Courtroom
John Menzel - Checking Under the Hood - Breath testing
Donald Drewry - Impeach the People's Tox in Voir Dire
Donald Bartell - Melendez-Diaz
Judge Walter Gorelick - Tulare IID Implementation
Paul Burglin - DUI Law Update
Ignacio Hernandez - Legislative Update
This Year's "Fast Eddie" Kuwatch Award will be handed out during provided lunch served in the vendor area.
THIS MCLE SEMINAR IS ONLY FOR CRIMINAL DEFENSE LAWYERS
California DUI & DMV Defense Speakers:
Adam Gasner - To Testify or Not To Testify
Francisco Rodriguez - Using SFST's to win your case!
Felix D'Amico - Obtaining and Utilizing In-Unit Videos in DUI Defense
Robert Little - A Brief History of Time Waivers
Darryl Genis - We'll all be surprised
Keith Staten - All about DMV Hearings and Writs
Cole Casey - Making Clients Happier
Captain Motion - Dumptrucks and the motions necessary to avoid being one
Michael Fremont - DUI Evidence Code
Jon Bryant Artz - Plan your case to CONFRONT the evidence—strategic planning
Ted Vosk - Forensic Metrology - The Foundation of Science in the Courtroom
John Menzel - Checking Under the Hood - Breath testing
Donald Drewry - Impeach the People's Tox in Voir Dire
Donald Bartell - Melendez-Diaz
Judge Walter Gorelick - Tulare IID Implementation
Paul Burglin - DUI Law Update
Ignacio Hernandez - Legislative Update
This Year's "Fast Eddie" Kuwatch Award will be handed out during provided lunch served in the vendor area.
Friday, February 05, 2010
How To Convince Men To Drive Drunk
What I am about to reveal to you lawmakers of the world are some fool-proof instructions for drafting and enacting laws that will transform men who are disinclined to drive while intoxicated into dangerous drunk drivers. I am not sure whether you will find these instructions useful in your professional lives, but I am fairly certain that you will find this information edifying nonetheless.
The overall strategy that you ought to pursue if you want to convince men to drive drunk is to make sure that they have no (or few) viable options open to them besides getting behind the wheel when they’re drunk. More specifically, what you should aim at accomplishing is to increase the costs of the alternatives to drunk driving, which will concomitantly decrease the relative costs associated with drunk driving. While this might appear initially to be a difficult feat to accomplish, it is actually quite frequently and easily achieved in practice.
Let’s look at a classic example of how to draft a law that will convince men to drive drunk. In fact, this is one of the best possible ways to make sure that there are more drunk drivers on the road than there otherwise would be. The general objective in this case is to make sure that all men who are thinking about sleeping off their intoxication in their vehicles choose to drive home instead. In order to achieve this result, all you have to do is draft and enact laws that punish sleeping in one’s car while intoxicated in exactly the same way that you punish drunk drivers. What you will have achieved by enacting such a law is to have increased the costs associated with choosing not to drive while intoxicated, while having simultaneously decreased the relative costs associated with driving drunk. When faced with the choice of sleeping in a truck cab versus his own bed a man is likely to opt for the latter choice and drive home, when the costs associated with either option are the same. After all, why not choose to drive home and sleep in your own bed, when you could get a DUI anyway just by sleeping in your car? If you are looking for laws to enact that will convince men to drive drunk, this should be one of the first options you consider.
Another effective method for increasing the number of dangerous drunk drivers on the road is to enact laws that will lead the population to be more intoxicated on a regular basis than they otherwise would be. If you can convince men to drink a pint of whiskey instead of just drinking a few beers, for example, you will of course have drunker and more dangerous drivers on the road. Don’t for a minute think that this goal is impossibly out of reach for you far-seeing lawmakers. One of the most effective ways to accomplish this feat is to dramatically increase the tax on beer (and, hence, its overall price), which decreases the relative price of hard liquor. Since it is much more difficult for drinkers to ascertain how intoxicated they are when drinking, say, shots of Jack Daniels compared to drinking Coors Light, you can be assured that there will be many more stupendously drunk drivers on the road than there would have been without this tax. Feel free to improvise here. If you can use your taxing power in other ways to ensure that people will drink vodka, gin, and whiskey (or, better yet, Bacardi 151) instead of drinking their preferred light beer, you will have accomplished the same goal of creating more dangerous drunk drivers on the road. For more information on how to use taxes and prohibition to make Americans more drunk, I recommend reading Mark Thornton’s excellent book The Economics of Prohibition [PDF].
You can also cause people to drink more than they otherwise would by constantly tightening the legal definition of drunkenness. This option is a bit more subtle, but is nonetheless effective. In order to see how to employ this strategy, consider this example. If the definition of drunkenness is legally established at, say, .15%, men are in a position to be able to drink a few beers, have a bit of fun, and still stay well below the legal limit. They also have an incentive to slow down before they approach that limit and risk getting a DUI. If you tighten the definition of drunkenness, however, to, say, .08% or even .02%, men can only consume one or two drinks before they are already over the legal limit. And, once they are over the limit, they have no incentive whatsoever to slow down. Since they’re already over the limit with two drinks, and can already get a DUI if stopped, why not keep drinking? There is certainly no legal incentive for them to slow down after they’ve passed this ridiculous definition of drunkenness.
The same holds true should you choose to treat all people with alcohol in their veins as "drunk," no matter how much they have consumed over the legal limit. If you punish a man just as severely with a BAC of.09% as you do men with BAC’s of .25%, what possible reason could a man have to slow down his drinking after he’s over the limit? Since he will receive the same punishment whether he drinks five cocktails or fifteen, he is not encouraged by the law even in the slightest bit to slow down. If you are looking for more elegant and subtle ways to increase the number of truly dangerous drunk drivers, this might be the option for you.
Yet another method for increasing drunk driving that I would like to share with you concerns alternative transportation. If you can manage to drastically reduce the amount of safe, alternative transportation in your jurisdiction, you will go a long way toward making sure there are more drunk drivers on the road. If you can foist a government-backed cartel in the taxi and limousine trade in your jurisdiction, for example, you will be effectively depriving drunk people of a cheap and safe alternative to driving when they are drunk. And, without having the option of these cheap and safe forms of transportation, they will choose to drive drunk more frequently than they otherwise would. A more effective method for creating more drunk drivers would be hard to find. This option has the added benefit that the people thus deprived of cheap and safe transportation won’t even know that it is responsible for increases in the incidence of drunk driving!
Finally, it is critically important for you lawmakers to avoid legalizing drunk driving at all costs, if you want to make sure that there are both more drunk drivers and more dangerous drunk drivers on the road. If you follow these simple prescriptions, in no time you will find a veritable epidemic of drunk driving in your jurisdiction emerging, and the booty from drunk driving arrests will start to flow in.
Just remember not to crack a smile when you hold press conferences in your district piously proclaiming that you are doing everything in your power to reduce drunk driving.
Mark R. Crovelli [send him mail] writes from Denver, Colorado.
The overall strategy that you ought to pursue if you want to convince men to drive drunk is to make sure that they have no (or few) viable options open to them besides getting behind the wheel when they’re drunk. More specifically, what you should aim at accomplishing is to increase the costs of the alternatives to drunk driving, which will concomitantly decrease the relative costs associated with drunk driving. While this might appear initially to be a difficult feat to accomplish, it is actually quite frequently and easily achieved in practice.
Let’s look at a classic example of how to draft a law that will convince men to drive drunk. In fact, this is one of the best possible ways to make sure that there are more drunk drivers on the road than there otherwise would be. The general objective in this case is to make sure that all men who are thinking about sleeping off their intoxication in their vehicles choose to drive home instead. In order to achieve this result, all you have to do is draft and enact laws that punish sleeping in one’s car while intoxicated in exactly the same way that you punish drunk drivers. What you will have achieved by enacting such a law is to have increased the costs associated with choosing not to drive while intoxicated, while having simultaneously decreased the relative costs associated with driving drunk. When faced with the choice of sleeping in a truck cab versus his own bed a man is likely to opt for the latter choice and drive home, when the costs associated with either option are the same. After all, why not choose to drive home and sleep in your own bed, when you could get a DUI anyway just by sleeping in your car? If you are looking for laws to enact that will convince men to drive drunk, this should be one of the first options you consider.
Another effective method for increasing the number of dangerous drunk drivers on the road is to enact laws that will lead the population to be more intoxicated on a regular basis than they otherwise would be. If you can convince men to drink a pint of whiskey instead of just drinking a few beers, for example, you will of course have drunker and more dangerous drivers on the road. Don’t for a minute think that this goal is impossibly out of reach for you far-seeing lawmakers. One of the most effective ways to accomplish this feat is to dramatically increase the tax on beer (and, hence, its overall price), which decreases the relative price of hard liquor. Since it is much more difficult for drinkers to ascertain how intoxicated they are when drinking, say, shots of Jack Daniels compared to drinking Coors Light, you can be assured that there will be many more stupendously drunk drivers on the road than there would have been without this tax. Feel free to improvise here. If you can use your taxing power in other ways to ensure that people will drink vodka, gin, and whiskey (or, better yet, Bacardi 151) instead of drinking their preferred light beer, you will have accomplished the same goal of creating more dangerous drunk drivers on the road. For more information on how to use taxes and prohibition to make Americans more drunk, I recommend reading Mark Thornton’s excellent book The Economics of Prohibition [PDF].
You can also cause people to drink more than they otherwise would by constantly tightening the legal definition of drunkenness. This option is a bit more subtle, but is nonetheless effective. In order to see how to employ this strategy, consider this example. If the definition of drunkenness is legally established at, say, .15%, men are in a position to be able to drink a few beers, have a bit of fun, and still stay well below the legal limit. They also have an incentive to slow down before they approach that limit and risk getting a DUI. If you tighten the definition of drunkenness, however, to, say, .08% or even .02%, men can only consume one or two drinks before they are already over the legal limit. And, once they are over the limit, they have no incentive whatsoever to slow down. Since they’re already over the limit with two drinks, and can already get a DUI if stopped, why not keep drinking? There is certainly no legal incentive for them to slow down after they’ve passed this ridiculous definition of drunkenness.
The same holds true should you choose to treat all people with alcohol in their veins as "drunk," no matter how much they have consumed over the legal limit. If you punish a man just as severely with a BAC of.09% as you do men with BAC’s of .25%, what possible reason could a man have to slow down his drinking after he’s over the limit? Since he will receive the same punishment whether he drinks five cocktails or fifteen, he is not encouraged by the law even in the slightest bit to slow down. If you are looking for more elegant and subtle ways to increase the number of truly dangerous drunk drivers, this might be the option for you.
Yet another method for increasing drunk driving that I would like to share with you concerns alternative transportation. If you can manage to drastically reduce the amount of safe, alternative transportation in your jurisdiction, you will go a long way toward making sure there are more drunk drivers on the road. If you can foist a government-backed cartel in the taxi and limousine trade in your jurisdiction, for example, you will be effectively depriving drunk people of a cheap and safe alternative to driving when they are drunk. And, without having the option of these cheap and safe forms of transportation, they will choose to drive drunk more frequently than they otherwise would. A more effective method for creating more drunk drivers would be hard to find. This option has the added benefit that the people thus deprived of cheap and safe transportation won’t even know that it is responsible for increases in the incidence of drunk driving!
Finally, it is critically important for you lawmakers to avoid legalizing drunk driving at all costs, if you want to make sure that there are both more drunk drivers and more dangerous drunk drivers on the road. If you follow these simple prescriptions, in no time you will find a veritable epidemic of drunk driving in your jurisdiction emerging, and the booty from drunk driving arrests will start to flow in.
Just remember not to crack a smile when you hold press conferences in your district piously proclaiming that you are doing everything in your power to reduce drunk driving.
Mark R. Crovelli [send him mail] writes from Denver, Colorado.
Thursday, February 04, 2010
Hassle-free San Diego California DUI lawyer help for San Diego California DUI court and San Diego California DMV
Hassle-free San Diego California DUI attorney help for San Diego California DUI court and San Diego California DMV. San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. San Diego California 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.
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
Here is the Free San Diego County DUI Defense Survey
See the below for more information or to contact a DUI Lawyer who can help:
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
.Here is the Free San Diego County DUI Defense Survey
at this online DUI consultation site
to find out your best strategy and to protect your driver's license in California or elsewhere.See the below for more information or to contact a DUI Lawyer who can help:
Video of San Diego DUI / DMV Attorney
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.
Saturday, December 26, 2009
San Diego DUI Criminal Defense Attorney Rick Mueller is the only DMV - DUI attorney who was the featured Speaker
San Diego DUI Criminal Defense Attorney Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several
years. At an 8th seminar, on August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice
San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru".
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 hard work.
San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.
San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. 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 (#114305).
Get Help Today:
* 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 Criminal Defense Lawyer:
years. At an 8th seminar, on August 1, 2009, Rick lectured at the in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, 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
.San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru".
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 hard work.
San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.
San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. 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 (#114305).
Get Help Today:
* COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM"
at this online DUI consultation site
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 Criminal Defense Lawyer:
Video of San Diego DUI / DMV Attorney
San Diego Drunk Driving Criminal Defense Attorney Blog
Thursday, December 24, 2009
Problem-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV
Problem-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license. San Diego DUI Attorney Rick Mueller is an exceptional San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience.
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
Free San Diego County Drunk Driving Defense Survey
See the below to contact a DUI Lawyer who can help:
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
.Free San Diego County Drunk Driving Defense Survey
at this online DUI consultation site
to find out your best strategy and to protect your driver's license in California or elsewhere.See the below to contact a DUI Lawyer who can help:
Saturday, December 19, 2009
San Diego DUI charge with priors plus conviction for second-degree murder, gross vehicular manslaughter while intoxicated and hit-and-run death
One San Diego man who had accumulated several convictions for DUI was sentenced to 20 years to life in prison after his latest arrest, arising out of the death of a pedestrian in Pacific Beach, California, with whom the driver collided earlier this year.
"It was an accident, it wasn't murder - I promise you," the man said to the victim's family and friends in court. "I didn't even see her."
In addition to the San Diego DUI charge, Alan Lester Mabrey was convicted of second-degree murder, gross vehicular manslaughter while intoxicated and hit-and-run causing death, after he allegedly collided with 24-year-old Emily Cathleen Dowdy. The woman, who worked as a shift supervisor at Starbucks, was hit as she crossed the street on February 7, 2009.
"It was an accident, it wasn't murder - I promise you," the man said to the victim's family and friends in court. "I didn't even see her."
In addition to the San Diego DUI charge, Alan Lester Mabrey was convicted of second-degree murder, gross vehicular manslaughter while intoxicated and hit-and-run causing death, after he allegedly collided with 24-year-old Emily Cathleen Dowdy. The woman, who worked as a shift supervisor at Starbucks, was hit as she crossed the street on February 7, 2009.
Friday, December 18, 2009
San Diego County Sheriff's Department will have a special priority in its anti-DUI strategies: impaired driving among teenagers
San Diego's regionwide seasonal crackdown on tipsy, drunken and drugged driving begins tonight! San Diego County Sheriff's Department will have a special priority in its anti-Drunk Driving strategies: impaired driving among young folks.
From Friday through Jan. 3, law enforcement agencies across the San Diego area and throughout California plan to run frequent sobriety checkpoints to keep the streets as safe as possible amid end-of-year festivities, according to the state Office of Traffic Safety.
"DUI checkpoints are time-tested and proven as the most effective DUI countermeasure, and I'm gratified that we're seeing the life-saving results," said OTS Director Christopher Murphy.
The stepped-up San Diego DUI enforcement, which will include extra patrols to nab inebriated motorists, is funded by state grants to individual law enforcement agencies.
For its part, the San Diego County Sheriff's Department will have a special priority in its anti-DUI strategies: impaired driving among teenagers.
From Friday through Jan. 3, law enforcement agencies across the San Diego area and throughout California plan to run frequent sobriety checkpoints to keep the streets as safe as possible amid end-of-year festivities, according to the state Office of Traffic Safety.
"DUI checkpoints are time-tested and proven as the most effective DUI countermeasure, and I'm gratified that we're seeing the life-saving results," said OTS Director Christopher Murphy.
The stepped-up San Diego DUI enforcement, which will include extra patrols to nab inebriated motorists, is funded by state grants to individual law enforcement agencies.
For its part, the San Diego County Sheriff's Department will have a special priority in its anti-DUI strategies: impaired driving among teenagers.
Rick's San Diego criminal law practice is devoted to vigorously defending facing DUI & DMV
Premier San Diego DUI Criminal Defense Lawyer Specialist Rick Mueller is a San Diego County Drunk Driving, DUI & DMV Defense attorney, utilizing over 25 years of experience. All of Rick's San Diego criminal law practice is devoted to vigorously defending facing DUI & DMV. 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
. Start with the San Diego County Drunk Driving Defense Surveyat this online DUI consultation site
to find out your best DUI tactic and DMV opportunity.Monday, December 14, 2009
Dead DUI cop means unreliable hearsay from another cop in Judge's drunk driving trial
A DUI criminal defense attorney for a Lake County judge facing trial for drunken driving and resisting arrest challenges the blood-alcohol test and hospital procedures. The night that Chief Judge David Hall was pulled over by Vernon Hills police, his blood-alcohol level was .107.
Zeit claims that an unknown law enforcement officer violated Hall's rights under the federal HIPPA privacy law by instructing hospital staff on how to process the blood sample.
Hall, charged with driving while intoxicated and resisting arrest on April 26, 2008 in Vernon Hills, was in court to pursue records from Advocate Condell Medical Center in Libertyville for his defense.
Hall's trial had been scheduled for today, but Zeit requested a continuance because he said that an expert witness, an emergency room physician, could not attend.
Brown is overseeing the trial and the Illinois attorney general's office is handling the prosecution because of Hall's close ties to the Lake County state's attorney's office and judges.
In August 2008, Hall testified during a hearing in Kane County court that he had been drinking alcohol on April 26, but said he didn't do anything to prompt a Vernon Hills officer to stop him about 1:45 a.m. on Illinois Highway 60.
Officer Jesse Goldsmith, who stopped Hall, died of a heart attack in June 2008. Goldsmith completed much of the paperwork and likely would have been the key prosecution witness at trial. But anything he would have testified to, including anything in his reports, could now be inadmissible.
Another police officer, Mark Sosnoski, who backed up Goldsmith from a different vehicle, is expected to testify during the upcoming trial. Sounds like hearsay.
Zeit claims that an unknown law enforcement officer violated Hall's rights under the federal HIPPA privacy law by instructing hospital staff on how to process the blood sample.
Hall, charged with driving while intoxicated and resisting arrest on April 26, 2008 in Vernon Hills, was in court to pursue records from Advocate Condell Medical Center in Libertyville for his defense.
Hall's trial had been scheduled for today, but Zeit requested a continuance because he said that an expert witness, an emergency room physician, could not attend.
Brown is overseeing the trial and the Illinois attorney general's office is handling the prosecution because of Hall's close ties to the Lake County state's attorney's office and judges.
In August 2008, Hall testified during a hearing in Kane County court that he had been drinking alcohol on April 26, but said he didn't do anything to prompt a Vernon Hills officer to stop him about 1:45 a.m. on Illinois Highway 60.
Officer Jesse Goldsmith, who stopped Hall, died of a heart attack in June 2008. Goldsmith completed much of the paperwork and likely would have been the key prosecution witness at trial. But anything he would have testified to, including anything in his reports, could now be inadmissible.
Another police officer, Mark Sosnoski, who backed up Goldsmith from a different vehicle, is expected to testify during the upcoming trial. Sounds like hearsay.
Saturday, December 12, 2009
Checkpoint warning: San Diego DUI criminal defense lawyers reach out to help the public
San Diego DUI criminal defense lawyers reach out to help the public. In northern San Diego County tonight, Solana Beach will use DUI deputies from the Encinitas Sheriff's Station on Friday between 7:30 p.m. and 3 a.m. on San Diego drunk driving saturation patrols and DUI checkpoints. The San Diego DUI checkpoint will be conducted near the 500 block of Lomas Santa Fe Drive.
The San Diego Sheriff's Department is placing 30-day holds on vehicles driven by drivers who are unlicensed or have a suspended license, whether DUI-related or not. This can be a costly experience with storage costs up to $1,500. San Diego drivers with a suspended license or who are arrested for driving under the influence can incur legal costs amounting to several thousand dollars as well as paying for their stored vehicle.
San Diego motorists who elect to excessively drink alcoholic beverages during this period should designate a sober driver. Otherwise, you may need a San Diego DUI criminal defense attorney.
The San Diego Sheriff's Department is placing 30-day holds on vehicles driven by drivers who are unlicensed or have a suspended license, whether DUI-related or not. This can be a costly experience with storage costs up to $1,500. San Diego drivers with a suspended license or who are arrested for driving under the influence can incur legal costs amounting to several thousand dollars as well as paying for their stored vehicle.
San Diego motorists who elect to excessively drink alcoholic beverages during this period should designate a sober driver. Otherwise, you may need a San Diego DUI criminal defense attorney.
Friday, December 11, 2009
Teen Accidents & a 547 day custody sentence for a San Diego DUI fatality
San Diego DUI resulting in gross vehicular manslaughter means 547 days at a camp for 17 year old juvenile boy after a fatal San Diego DUI crash that happened on October 4 about 1:45 in the morning on a Rancho Santa Fe winding road, which took the life of fellow classmate from Torrey Pines High School Alex Capozza and seriously injuring another classmate Jaime Arnold.
There were two other passengers involved in the DUI crash but they fortunately escaped severe injury. According to a report made by the California Highway Patrol, a combination of alcohol and speed played a large factor in the San Diego fatal DUI accident.
The teen who was allegedly .10% BAC which was taken about 60 minutes after the fatal DUI crash, according to San Diego Union Tribune reports. San Diego DUI criminal defense attorney, Robert Grimes asked for house arrest. However, the teen was ordered to serve a minimum of 283 days at Camp Barrett by Judge "Woody Clarke.
In another, unrelated teen story, 17-year-old Poway girl was killed Friday in a North County rollover crash that may or many not have been alcohol-related but is under investigation. The fatality on westbound Mountain Meadow Road at Champagne Boulevard in the Hidden Meadows area. Veronica Elizabeth Aguirre was the driver and sole occupant of a Kia Sportage that rolled over multiple times.
There were two other passengers involved in the DUI crash but they fortunately escaped severe injury. According to a report made by the California Highway Patrol, a combination of alcohol and speed played a large factor in the San Diego fatal DUI accident.
The teen who was allegedly .10% BAC which was taken about 60 minutes after the fatal DUI crash, according to San Diego Union Tribune reports. San Diego DUI criminal defense attorney, Robert Grimes asked for house arrest. However, the teen was ordered to serve a minimum of 283 days at Camp Barrett by Judge "Woody Clarke.
In another, unrelated teen story, 17-year-old Poway girl was killed Friday in a North County rollover crash that may or many not have been alcohol-related but is under investigation. The fatality on westbound Mountain Meadow Road at Champagne Boulevard in the Hidden Meadows area. Veronica Elizabeth Aguirre was the driver and sole occupant of a Kia Sportage that rolled over multiple times.
Thursday, December 10, 2009
When a cop gets arrested, it reflects negatively on the profession to some extent. Police should not receive any preferential treatment and matters
When a cop gets arrested, it reflects negatively on the profession to some extent. Police should not receive any preferential treatment and matters involving anyone suspected of breaking the law will be handled fairly, according to San Diego DUI criminal defense lawyers.
Calexico's policeman faces a misdemeanor charge of a California DUI after pulling into the police station in the company of his wife and 11-year-son with a blood-alcohol level of .23, Calexico Police Chief Jim Neujahr says.
.
Officer Ronald Cuen, a 17-year member of the Calexico Police Department who already had been placed on paid administrative leave four weeks ago, was cited and released Dec. 1 for the DUI offense as his wife was available to drive him home safely.
Imperial County Assistant District Attorney Joe Beard said that as a courtesy he’ll inform Neujahr that charges will be filed against Cuen.
Cuen had a prior DUI-related arrest 14 years ago in Imperial County but that he did not know what measures, if any, were taken to deal with Cuen, Neujahr said. Calexico Police Department is the only law enforcement agency for which Cuen has worked.
Questions about the arrest were referred to Neujahr who said Cuen pulled into the parking lot of the Calexico police station to use the restroom. Neujahr said he did not know why Cuen’s wife did not drive the vehicle they traveled in.
It was not known where Cuen was coming from when he arrived at the police station, but he was not involved in any DUI-related traffic accidents at the time of the latest arrest.
Citing personnel issues, Neujahr declined to say why Cuen had been placed on administrative leave but said he’ll remain on it pending the outcome of his current case.
Asked why Cuen was not booked into county jail, Neujahr said all police departments generally release people suspected of misdemeanor DUI driving if there is someone available to drive them home safely. Torrez confirmed the policy is standard practice.
A report of the Dec. 1 incident has been sent to the Imperial County District Attorney’s Office for review and Cuen is expected to appear in court for this matter, Neujahr said.
Cuen’s arrest is the latest in a series of situations, or incidents, involving members of the Calexico Police Department.
In October, a five-year Calexico police officer and his wife were arrested on suspicion of allegedly beating up the officer’s former girlfriend. The officer, Juan Garcia, has been placed on paid administrative leave pending the outcome of his case.
Also in October, an officer and a sergeant angrily claimed during a City Council meeting that Neujahr and other high-ranking Calexico police officers were “out of control” and failed to do their part in reducing crime.
Calexico police Sgt. Shaun Sundahl, who was on temporary disability for a knee injury he received while on duty, was one of the two officers who spoke out. He was fired last month, a dismissal for which Neujahr and city officials declined to discuss the specifics.
While he said it was not up to him to comment on another police department, Imperial Police Chief Miguel Colon, who chairs the Imperial Valley Police Chiefs Association, said law enforcement’s reputation suffers anytime an officer does something wrong.
Calexico's policeman faces a misdemeanor charge of a California DUI after pulling into the police station in the company of his wife and 11-year-son with a blood-alcohol level of .23, Calexico Police Chief Jim Neujahr says.
.
Officer Ronald Cuen, a 17-year member of the Calexico Police Department who already had been placed on paid administrative leave four weeks ago, was cited and released Dec. 1 for the DUI offense as his wife was available to drive him home safely.
Imperial County Assistant District Attorney Joe Beard said that as a courtesy he’ll inform Neujahr that charges will be filed against Cuen.
Cuen had a prior DUI-related arrest 14 years ago in Imperial County but that he did not know what measures, if any, were taken to deal with Cuen, Neujahr said. Calexico Police Department is the only law enforcement agency for which Cuen has worked.
Questions about the arrest were referred to Neujahr who said Cuen pulled into the parking lot of the Calexico police station to use the restroom. Neujahr said he did not know why Cuen’s wife did not drive the vehicle they traveled in.
It was not known where Cuen was coming from when he arrived at the police station, but he was not involved in any DUI-related traffic accidents at the time of the latest arrest.
Citing personnel issues, Neujahr declined to say why Cuen had been placed on administrative leave but said he’ll remain on it pending the outcome of his current case.
Asked why Cuen was not booked into county jail, Neujahr said all police departments generally release people suspected of misdemeanor DUI driving if there is someone available to drive them home safely. Torrez confirmed the policy is standard practice.
A report of the Dec. 1 incident has been sent to the Imperial County District Attorney’s Office for review and Cuen is expected to appear in court for this matter, Neujahr said.
Cuen’s arrest is the latest in a series of situations, or incidents, involving members of the Calexico Police Department.
In October, a five-year Calexico police officer and his wife were arrested on suspicion of allegedly beating up the officer’s former girlfriend. The officer, Juan Garcia, has been placed on paid administrative leave pending the outcome of his case.
Also in October, an officer and a sergeant angrily claimed during a City Council meeting that Neujahr and other high-ranking Calexico police officers were “out of control” and failed to do their part in reducing crime.
Calexico police Sgt. Shaun Sundahl, who was on temporary disability for a knee injury he received while on duty, was one of the two officers who spoke out. He was fired last month, a dismissal for which Neujahr and city officials declined to discuss the specifics.
While he said it was not up to him to comment on another police department, Imperial Police Chief Miguel Colon, who chairs the Imperial Valley Police Chiefs Association, said law enforcement’s reputation suffers anytime an officer does something wrong.
Wednesday, December 09, 2009
DUI enforcement on SR-67 San Diego County approaches a new level
CHP kicked off “Arrive Alive” SR-67 DUI (Driving Under the Influence) Safety Task Force on March 31 with a grant from the Office of Traffic Safety and working in conjunction with the California Department of Transportation (Caltrans).
Since it's a DUI highway safety corridor, there's 2 goals. One was to sustain a zero for fatal crashes that happen because of a drunk driver. The other was to reduce the number of injury collisions caused by a drunk driver by 5 percent.
That measurement was taken against the 2007 accidents. So far they have met their goals. CHP has conducted three DUI checkpoints on 67, with the first one on June 6, another on Aug. 7, and one on Sept. 4. A fourth CHP kicked off “Arrive Alive” SR-67 DUI (Driving Under the Influence) Safety Task Force on March 31 with a grant from the Office of Traffic Safety and working in conjunction with the California Department of Transportation (Caltrans).
Keeping in mind the grant is for a DUI highway safety corridor, d they had two goals. One was to sustain a zero for fatal crashes that happen because of a drunk driver. The other was to reduce the number of injury collisions caused by a drunk driver by 5 percent.
The CHP has conducted three DUI checkpoints on 67, with the first one on June 6, another on Aug. 7, and one on Sept. 4. A fourth DUI checkpoint will be held this month. During the June 6 checkpoint, at northbound 67, south of Poway Road, 807 vehicles were screened and two DUI arrests were made.
On Aug. 7, at the same location, 719 vehicles were screened and one DUI arrest was made. Of the 400 vehicles stopped Sept. 4 at Main Street in Ramona, five DUI arrests were made.
Noting that it’s the first time they have done checkpoints on Route 67 for this grant DUI checkpoint will be held this month. During the June 6 checkpoint, at northbound 67, south of Poway Road, 807 vehicles were screened and two DUI arrests were made.
On Aug. 7, at the same location, 719 vehicles were screened and one DUI arrest was made. Of the 400 vehicles stopped Sept. 4 at Main Street in Ramona, five DUI arrests were made.
Since it's a DUI highway safety corridor, there's 2 goals. One was to sustain a zero for fatal crashes that happen because of a drunk driver. The other was to reduce the number of injury collisions caused by a drunk driver by 5 percent.
That measurement was taken against the 2007 accidents. So far they have met their goals. CHP has conducted three DUI checkpoints on 67, with the first one on June 6, another on Aug. 7, and one on Sept. 4. A fourth CHP kicked off “Arrive Alive” SR-67 DUI (Driving Under the Influence) Safety Task Force on March 31 with a grant from the Office of Traffic Safety and working in conjunction with the California Department of Transportation (Caltrans).
Keeping in mind the grant is for a DUI highway safety corridor, d they had two goals. One was to sustain a zero for fatal crashes that happen because of a drunk driver. The other was to reduce the number of injury collisions caused by a drunk driver by 5 percent.
The CHP has conducted three DUI checkpoints on 67, with the first one on June 6, another on Aug. 7, and one on Sept. 4. A fourth DUI checkpoint will be held this month. During the June 6 checkpoint, at northbound 67, south of Poway Road, 807 vehicles were screened and two DUI arrests were made.
On Aug. 7, at the same location, 719 vehicles were screened and one DUI arrest was made. Of the 400 vehicles stopped Sept. 4 at Main Street in Ramona, five DUI arrests were made.
Noting that it’s the first time they have done checkpoints on Route 67 for this grant DUI checkpoint will be held this month. During the June 6 checkpoint, at northbound 67, south of Poway Road, 807 vehicles were screened and two DUI arrests were made.
On Aug. 7, at the same location, 719 vehicles were screened and one DUI arrest was made. Of the 400 vehicles stopped Sept. 4 at Main Street in Ramona, five DUI arrests were made.
Sunday, December 06, 2009
Friends Don't Let Friends Drive Drunk - if they do and the friend gets a San Diego DUI, can they face charges, too?
San Diego DUI criminal defense attorneys usually ask a person arrested for drunk driving if there was a passenger (witness). Here's a new twist to twit.
Remember when the U.S. Department of Transportation and the Ad Council launched a public safety campaign in 1990? "Friends Don't Let Friends Drive Drunk."
Passenger Zitt and a DUI friend, now face trial in DuPage County Circuit Court in Wheaton. Kubicz is charged with driving under the influence of alcohol in Naperville, while Zitt is accused of knowingly permitting a person under the influence of alcohol to drive a vehicle.
A Naperville police officer arrested the men about 2:16 a.m. Nov. 29 as they rode in Zitt's Cadillac Escalade, police Cmdr. The DUI officer noticed the sport utility vehicle traveling north on Washington Street near North Avenue, north of the city's downtown area. The driver allegedly committed "several traffic violations," prompting the officer to follow the SUV and curb it near Ogden Avenue.
Kubicz, 30, of Lisle, was found at the wheel. Zitt, 29, of Aurora, was in the front passenger seat. The officer administered DUI sobriety tests to Kubicz and concluded he was drunk. Zitt, the owner of the SUV, allegedly "stated he (Zitt) had had too much to drink to drive," leading to his being charged with allowing an intoxicated person to drive his vehicle.
Court records indicated Zitt was arrested in October 2005 by Naperville police on charges of DUI and possession of marijuana. A judge in April 2006 convicted him of both charges, fining him and granting him court supervision, court records purport.
Remember when the U.S. Department of Transportation and the Ad Council launched a public safety campaign in 1990? "Friends Don't Let Friends Drive Drunk."
Passenger Zitt and a DUI friend, now face trial in DuPage County Circuit Court in Wheaton. Kubicz is charged with driving under the influence of alcohol in Naperville, while Zitt is accused of knowingly permitting a person under the influence of alcohol to drive a vehicle.
A Naperville police officer arrested the men about 2:16 a.m. Nov. 29 as they rode in Zitt's Cadillac Escalade, police Cmdr. The DUI officer noticed the sport utility vehicle traveling north on Washington Street near North Avenue, north of the city's downtown area. The driver allegedly committed "several traffic violations," prompting the officer to follow the SUV and curb it near Ogden Avenue.
Kubicz, 30, of Lisle, was found at the wheel. Zitt, 29, of Aurora, was in the front passenger seat. The officer administered DUI sobriety tests to Kubicz and concluded he was drunk. Zitt, the owner of the SUV, allegedly "stated he (Zitt) had had too much to drink to drive," leading to his being charged with allowing an intoxicated person to drive his vehicle.
Court records indicated Zitt was arrested in October 2005 by Naperville police on charges of DUI and possession of marijuana. A judge in April 2006 convicted him of both charges, fining him and granting him court supervision, court records purport.
Friday, December 04, 2009
San Diego DUI criminal defense attorneys remind the public of a DUI Checkpoint this weekend
San Diego DUI criminal defense lawyers remind the public of a DUI Checkpoint this weekend
Escondido will be conducting a DUI License checkpoint on Saturday, December 5, from 6:00 PM to 1:00 AM, in the City of Escondido. San Diego DUI checkpoints are allegedly conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.
San Diego DUI checkpoints allegedly increase awareness of the dangers of impaired driving and to encourage sober designated drivers.
A San Diego DUI checkpoint is claimed to be a proven effective method for achieving this goal. By publicizing these enforcement and education efforts, The Escondido Police Department believes motorists can be deterred from drinking and driving. San Diego DUI criminal defense attorneys are told: Drunk Driving, Over the Limit, Under Arrest. The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.
Escondido will be conducting a DUI License checkpoint on Saturday, December 5, from 6:00 PM to 1:00 AM, in the City of Escondido. San Diego DUI checkpoints are allegedly conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.
San Diego DUI checkpoints allegedly increase awareness of the dangers of impaired driving and to encourage sober designated drivers.
A San Diego DUI checkpoint is claimed to be a proven effective method for achieving this goal. By publicizing these enforcement and education efforts, The Escondido Police Department believes motorists can be deterred from drinking and driving. San Diego DUI criminal defense attorneys are told: Drunk Driving, Over the Limit, Under Arrest. The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.
Thursday, December 03, 2009
Think you're in DUI trouble? Here's a Superb San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI
Think you're in DUI trouble? Here's a Superb San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI with San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.
San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California 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.
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
Try an important Free San Diego County Drunk Driving Defense Survey
San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California 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.
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
.Try an important Free San Diego County Drunk Driving Defense Survey
at this online DUI consultation site
to find out your best defense and to protect your driver's license.Sunday, November 29, 2009
Poway & SDPD DUI Checkpoints Thanksgiving 2009
San Diego DUI criminal defense attorneys learned of this Poway DUI Checkpoint over Thanksgiving weekend, 2009. No one was arrested in this video.
San Diego DUI criminal defense lawyers were advised of two arrests in a San Diego Police Department checkpoint in the 4100 block of El Cajon Blvd. Maybe four or five were arrested for DUI.
When San Diego drunk driving police do not follow these constitutional requirements outlined in Ingersoll, the San Diego DUI checkpoint is not lawful. Any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.
San Diego DUI criminal defense lawyers were advised of two arrests in a San Diego Police Department checkpoint in the 4100 block of El Cajon Blvd. Maybe four or five were arrested for DUI.
When San Diego drunk driving police do not follow these constitutional requirements outlined in Ingersoll, the San Diego DUI checkpoint is not lawful. Any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.
Saturday, November 28, 2009
List of Superb rated San Diego DUI attorneys report San Diego drunk driving checkpoint results out of Escondido for Thanksgiving
DUI Defense Lawyers in San Diego are told about the recent Escondido Police Department DUI saturation patrol Friday night November 27, 2009 from 5:00 PM until 1:00 AM.
The purpose of San Diego DUI checkpoint / patrol was to detect drunk drivers and those with suspended, revoked, or no driver license and to continue our education / awareness campaign on the dangers of driving drunk.
San Diego DUI checkpoint / patrol results:
- 2 drivers were arrested for driving under the influence of alcohol / drugs
- 1 driver was arrested for driving a stolen vehicle
- 1 subject was arrested for being drunk in public
- 11 field sobriety tests were administered
- 35 traffic citations were issued
- 13 vehicles were impounded for drivers who were arrested, did not have a driver license, or had their driving privilege suspended.
If you or a loved one needs help with a San Diego DUI criminal defense attorney, visit this site.
The purpose of San Diego DUI checkpoint / patrol was to detect drunk drivers and those with suspended, revoked, or no driver license and to continue our education / awareness campaign on the dangers of driving drunk.
San Diego DUI checkpoint / patrol results:
- 2 drivers were arrested for driving under the influence of alcohol / drugs
- 1 driver was arrested for driving a stolen vehicle
- 1 subject was arrested for being drunk in public
- 11 field sobriety tests were administered
- 35 traffic citations were issued
- 13 vehicles were impounded for drivers who were arrested, did not have a driver license, or had their driving privilege suspended.
If you or a loved one needs help with a San Diego DUI criminal defense attorney, visit this site.
Friday, November 27, 2009
San Diego DUI attorneys report drunk driving arrests are up this Thanksgiving holiday weekend so far - but what is this "Zero Tolerance"?
San Diego DUI criminal defense lawyers who deal exclusively with drunk driving arrests are told County DUI arrests over the Thanksgiving holiday are up from last year in San Diego and across California. CHP arrested 36 motorists on DUI in San Diego area, compared to 32 arrests during the same time last year.
CHP officers have arrested 542 suspected California DUI drivers, 29 more than last year. Zero-tolerance DUI enforcement continues in San Diego California through this holiday weekend with increased San Diego DUI cops and California Drunk Driving checkpoints. San Diego DUI criminal defense attorneys ask: What do they mean zero-tolerance? One is allowed to drink and drive as long as not over the .08% BAC limit and not impaired.
CHP officers have arrested 542 suspected California DUI drivers, 29 more than last year. Zero-tolerance DUI enforcement continues in San Diego California through this holiday weekend with increased San Diego DUI cops and California Drunk Driving checkpoints. San Diego DUI criminal defense attorneys ask: What do they mean zero-tolerance? One is allowed to drink and drive as long as not over the .08% BAC limit and not impaired.
Tuesday, November 24, 2009
Babysitter has been arrested after DWI police said he drove Drunk with a seven year old boy on top of his vehicle
San Diego DUI criminal defense attorneys do not recommend drinking and driving around with kids on the roof. One babysitter has been arrested after DUI police said he drove Drunk with a seven year old boy on top of his vehicle.
Robert Christgau, 56, was allegedly driving around in circles near his apartment building in Minnesota, with a kid up there. DWI police found an open can of beer. Bob reportedly had a .14 BAC. Not to outdo himself, Bob allegedly left another three year old boy inside the apartment unattended as he was driving the other kid. He is charged with a count of third-degree DWI / driving while impaired and two counts of child neglect. He allegedly confessed to driving with the child on the roof while drunk.
Robert Christgau, 56, was allegedly driving around in circles near his apartment building in Minnesota, with a kid up there. DWI police found an open can of beer. Bob reportedly had a .14 BAC. Not to outdo himself, Bob allegedly left another three year old boy inside the apartment unattended as he was driving the other kid. He is charged with a count of third-degree DWI / driving while impaired and two counts of child neglect. He allegedly confessed to driving with the child on the roof while drunk.
Saturday, November 21, 2009
Checkpoint tonight in California must follow California law in Victorville DUI roadblock
Saturday night, November 21st, 2009, Victorville California Police will be conducting a drunk driving and DUI checkpoint. The checkpoint must adhere to strict California requirements in order to be lawful.
This California DUI/Drivers License checkpoint is to increase awareness of the dangers of dui and drunk driving and to encourage sober designated drivers to avoid a DUI.
A DUI checkpoint is claimed to help. By publicizing these enforcement and education efforts, the Victorville Police Department believes motorists can be deterred from drinking and DUI.
Message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs – Drunk Driving, Over the Limit, Under Arrest. Simple cop attitude.
Av
This California DUI/Drivers License checkpoint is to increase awareness of the dangers of dui and drunk driving and to encourage sober designated drivers to avoid a DUI.
A DUI checkpoint is claimed to help. By publicizing these enforcement and education efforts, the Victorville Police Department believes motorists can be deterred from drinking and DUI.
Message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs – Drunk Driving, Over the Limit, Under Arrest. Simple cop attitude.
Av
Friday, November 20, 2009
San Diego DUI checkpoint in Escondido Saturday
San Diego DUI criminal defense attorneys report that an Escondido drunk driving operation is set for the hours between 6 p.m. Saturday and 1 a.m. Sunday. San Diego DUI cops hope to curb the number of deaths and injuries that result from wrecks involving DUI. The San Diego DUI checkpoint must be conducted legally.
Wednesday, November 18, 2009
San Diego Court ruled the identity of a deputy district attorney who has admitted to being a member of a marijuana collective must be released
A San Diego Court ruled the identity of a deputy district attorney who has admitted to being a member of a marijuana collective must be released. Deputy District Attorney James Pitts confirmed his membership in the now defunct Amsterdam Alternative Care. The collective was one of several shut down after being raided last September.
San Diego resident and Navy veteran Jovan Jackson is being charged with several counts involving possession of medical marijuana and the sale of medical marijuana. If found guilty, Jackson could spend several years in prison.
San Diego defense attorneys understand why Jackson's defense wants to call Pitts as a defense witness.
If the defense attorney can say: The accused is just doing what your deputy DA's are doing, how or why you prosecute someone like this? That's a fair strategy for the defense attorney. What you want to show is that all sorts of normal people utilize medical marijuana. They do so as lawfully as they can.
The DA is prosecuting these types of cases, marijuana cases in general, and to have one of their own using medical marijuana is probably not something they're happy with.
San Diego resident and Navy veteran Jovan Jackson is being charged with several counts involving possession of medical marijuana and the sale of medical marijuana. If found guilty, Jackson could spend several years in prison.
San Diego defense attorneys understand why Jackson's defense wants to call Pitts as a defense witness.
If the defense attorney can say: The accused is just doing what your deputy DA's are doing, how or why you prosecute someone like this? That's a fair strategy for the defense attorney. What you want to show is that all sorts of normal people utilize medical marijuana. They do so as lawfully as they can.
The DA is prosecuting these types of cases, marijuana cases in general, and to have one of their own using medical marijuana is probably not something they're happy with.
Tuesday, November 17, 2009
Contact a San Diego DUI Criminal Defense Lawyer from this list
San Diego DUI attorneys' defenses at an APS hearing are specialized. San Diego DUI / DMV proof problems & related issues are possible grounds for setting aside the suspension. Due to 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.
Searching for a San Diego DMV Attorney? 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
Contact a San Diego DUI Lawyer from this list:
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.
Searching for a San Diego DMV Attorney? 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.Contact a San Diego DUI Lawyer from this list:
Video of San Diego DUI / DMV Attorney
Thursday, November 12, 2009
DUI Help
A San Diego DUI criminal defense attorney 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.
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
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
You can read more -Why use San Diego County's Specialist in DUI and DMV Law now.
Try a Free California DUI Evaluation
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!
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 informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.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
the most informative DUI website
.You can read more -Why use San Diego County's Specialist in DUI and DMV Law now.
Try a Free California DUI Evaluation
at this online DUI consultation site
.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
San Diego DUI Criminal Defense Attorney flourishes at recent California drunk driving seminars
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.
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.
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.
Wednesday, November 11, 2009
San Diego DMV offices closed on fridays in November
San Diego DMV's Dept. of Licensing / Office of Driver Safety has a number of fine employees working for the public. The management in that office has been faithfully serving California for many years. They also deal with San Diego DUI criminal defense attorneys the best they can.
DMV Offices Closed All Fridays in November
During the month of November, DMV offices will be closed on Fridays November 6, 13, and 20, 2009 – in keeping with Executive Order S-13-09. This includes administrative hearings as a result of DUI arrests in SAn Diego.
DMV will also be closed on Thursday November 26th and Friday November 27th due to the Thanksgiving holiday.
If a visit to a field office is necessary, customers should make every effort to arrive prepared with all requisite paperwork.
Motorists who have a registration renewal date that falls on a Friday closure day will have penalties waived until the next business day.
Customers can perform any one of the following transactions and functions on the DMV Web site, www.dmv.ca.gov:
Schedule office appointments for up to three transactions or for three separate customers; Renew driver license; Renew vehicle registration; Make a change of address; Register to vote; Purchase personalized plates; File a notice of release of liability; Check the license status of driver’s education or traffic schools, new or used vehicle dealers; File vehicle transfer forms; Calculate fees and taxes due; Request refunds; Make appointments for both car and motorcycle driving skill tests, and much more. Automated services are available at (800) 777-0133.
If you wish to speak with driver safety, call 858 627-3901.
DMV Offices Closed All Fridays in November
During the month of November, DMV offices will be closed on Fridays November 6, 13, and 20, 2009 – in keeping with Executive Order S-13-09. This includes administrative hearings as a result of DUI arrests in SAn Diego.
DMV will also be closed on Thursday November 26th and Friday November 27th due to the Thanksgiving holiday.
If a visit to a field office is necessary, customers should make every effort to arrive prepared with all requisite paperwork.
Motorists who have a registration renewal date that falls on a Friday closure day will have penalties waived until the next business day.
Customers can perform any one of the following transactions and functions on the DMV Web site, www.dmv.ca.gov:
Schedule office appointments for up to three transactions or for three separate customers; Renew driver license; Renew vehicle registration; Make a change of address; Register to vote; Purchase personalized plates; File a notice of release of liability; Check the license status of driver’s education or traffic schools, new or used vehicle dealers; File vehicle transfer forms; Calculate fees and taxes due; Request refunds; Make appointments for both car and motorcycle driving skill tests, and much more. Automated services are available at (800) 777-0133.
If you wish to speak with driver safety, call 858 627-3901.
Sunday, November 08, 2009
San Diego DUI Lawyer Specialist Rick Mueller represents those accused of driving under the influence or driving with a blood alcohol content of 0.08%
Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .
Spend a few moments at this Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Spend a few moments at this Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
Saturday, November 07, 2009
On days when folks get bailed out of jail after drunk driving arrests, San Diego DUI / DMV Attorney Rick Mueller is there to help
On days when folks get bailed out of jail after drunk driving arrests, San Diego DUI / DMV Attorney Rick Mueller is there to help. San Diego DUI Defense Lawyer Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at so many DUI seminars in San Diego County. At an 8th statewide seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. Superbly 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. San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association. He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.
Don't forget the 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:
Don't forget the 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:
Video of San Diego DUI / DMV Attorney
Thursday, November 05, 2009
Superb - rated San Diego California Drunk Driving Attorney for folks
Superb - rated San Diego California Drunk Driving Attorney for any normal person facing a San Diego California DUI. Trouble-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Comprehensive & Vigorous San Diego California DUI Help to save your California license. San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. A DMV Guru, San Diego California DUI Lawyer Rick Mueller only extensively defends 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.
Online DUI Evaluation for your best San Diego California DUI defense attorney tactic and to aggressively protect you and your life!
DUI Lawyer Info.:
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar.
Online DUI Evaluation for your best San Diego California DUI defense attorney tactic and to aggressively protect you and your life!
DUI Lawyer Info.:
Tuesday, November 03, 2009
San Diego DMV's administrative per se decision after a DUI arrest is sent after the hearing: a San Diego DMV / DMV action can be set aside!
San Diego DMV's administrative per se decision after a DUI arrest is sent after the hearing. A San Diego DMV / DMV action or 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.
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 may not be able to schedule a hearing before your 30-day temporary license expires.
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
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.
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 may not be able to schedule a hearing before your 30-day temporary license expires.
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
Sunday, November 01, 2009
San Diego DUI Checkpoint this Halloween Weekend
San Diego County Sheriff's Department conducted a DUI checkpoint this weekend in Santee, San Diego DUI criminal defense attorneys learned this evening.
California Supreme Court uses 8 Guidelines that minimize the intrusiveness on an individual, while balancing needs to keep drunk drivers off the road. San Diego DUI Criminal Defense Lawyers can determine whether a California DUI sobriety checkpoint was conducted lawfully.
The initial establishment and location of California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. California DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
Effective locations include roads which have a high incidence of alcohol-related accidents and California DUI arrests. The time and duration of California DUI sobriety checkpoints are of key importance. Police are expected to exercise good judgment in setting times and durations, with an eye to effectiveness of the operation, and with the safety of motorists in mind. As long as these considerations are in effect, there are no hard and fast rules as to the timing or duration of the California Drunk Driving roadblock. California sobriety checkpoints also must be established with high visibility so that drivers can easily see the nature of the roadblock. The features that promote high visibility include flashing warning lights, adequate lighting, police vehicles, and the presence of uniformed officers. Not only are such factors important for safety reasons, but advance warning will reassure motorists that the stop is duly authorized. Advance notice & escape routes are also required.
Although the Supreme Court’s Ingersoll decision legitimized California Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated. If California DUI law enforcement do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest for a California DMV license suspension acdtion.
California Supreme Court uses 8 Guidelines that minimize the intrusiveness on an individual, while balancing needs to keep drunk drivers off the road. San Diego DUI Criminal Defense Lawyers can determine whether a California DUI sobriety checkpoint was conducted lawfully.
The initial establishment and location of California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. California DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
Effective locations include roads which have a high incidence of alcohol-related accidents and California DUI arrests. The time and duration of California DUI sobriety checkpoints are of key importance. Police are expected to exercise good judgment in setting times and durations, with an eye to effectiveness of the operation, and with the safety of motorists in mind. As long as these considerations are in effect, there are no hard and fast rules as to the timing or duration of the California Drunk Driving roadblock. California sobriety checkpoints also must be established with high visibility so that drivers can easily see the nature of the roadblock. The features that promote high visibility include flashing warning lights, adequate lighting, police vehicles, and the presence of uniformed officers. Not only are such factors important for safety reasons, but advance warning will reassure motorists that the stop is duly authorized. Advance notice & escape routes are also required.
Although the Supreme Court’s Ingersoll decision legitimized California Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated. If California DUI law enforcement do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest for a California DMV license suspension acdtion.
Saturday, October 31, 2009
San Diego DUI Criminal Defense Attorneys recognize that Superb-rated Rick Mueller specializes in California DUI and DMV law
San Diego DUI Criminal Defense Attorneys recognize that Superb-rated Rick Mueller specializes in California DUI and DMV law. Over the last several years, San Diego DUI Criminal Defense Lawyer Specialist Rick Mueller is the only DUI attorney who was the featured Speaker at seven DUI seminars in San Diego County and recently at yet another DUI Defense seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar. San Diego DUI Lawyer Rick Mueller is specially recognized as the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association. 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"
San Diego DUI Lawyers who are notably aggressive:
COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM"
San Diego DUI Lawyers who are notably aggressive:
Video of San Diego DUI / DMV Attorney
Thursday, October 29, 2009
Different ways to challenge San Diego DUI breath tests
Attorneys use different ways to challenge San Diego DUI breath tests.
The inside secret by San Diego DUI criminal defense attorneys is that the various approaches are not of equivalent strength.
Some San Diego DUI criminal defense lawyers' methods are much more readily understood and accepted by jurors than others.
A popular attack is Using the Variableness of the 2100 to 1 Partition Ratio to Attack Breath Tests in San Diego California.
San Diego DUI criminal defense attorneys' key to attacking breath tests is to use a system that leads to the defense that will be the most successful.
The inside secret by San Diego DUI criminal defense attorneys is that the various approaches are not of equivalent strength.
Some San Diego DUI criminal defense lawyers' methods are much more readily understood and accepted by jurors than others.
A popular attack is Using the Variableness of the 2100 to 1 Partition Ratio to Attack Breath Tests in San Diego California.
San Diego DUI criminal defense attorneys' key to attacking breath tests is to use a system that leads to the defense that will be the most successful.
Wednesday, October 28, 2009
Too many points on your DMV Printout resulting in a California license suspension? This San Diego DUI criminal defense attorney can help !
Negligent Operator
If California DMV orders yous suspended because you a "negligent operator" (even if you are not convicted of a San Diego DUI), call a top San Diego DUI criminal defense lawyer today.
Start by obeying all California traffic laws, not just San Diego drunk driving laws.
Practice safe driving habits. If you start accumulating San Diego tickets for moving violations, which count as 1 or 2 points, you may be considered a negligent operator and may lose your California privilege to drive. If so, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can help you.
You will be considered a California negligent operator if your California driving record shows any of the following point count totals:
* 4 points in 12 months
* 6 points in 24 months
* 8 points in 36 months
Most San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego DUI, are designated as 2 points. Most ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego "at fault" accident is normally counted as 1 point.
You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately. Usually, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV.
The San Diego DMV negligent operator hearing is limited to the following:
* Correctness of your San Diego California driving record.
* Determination of any pending San Diego court charges, collisions or convictions not show on the record.
* Physical and mental conditions related to the California driving record.
* Responsibility of driving for any San Diego accidents on the driving record.
* Alcohol consumption related to any major violations or San Diego accidents.
* Mitigating factors such plans for improvement and corrective measures, need for the license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, any other hardship for the San Diego driver, etc.
* Aggravating factors such responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violations of probations or other terms and conditions of the San Diego action, etc.
Possible Decisions of the San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
* Sustain the San Diego California DMV action.
* Order probation and modify the suspension period.
* Modify Probation vacate the suspension and order a restriction.
* Order probation only to monitor future driving.
* Set aside the San Diego DMV action for lack of evidence.
* Set aside the San Diego DMV action for lack of notice of hearing.
* Take no action other than what is currently in effect if non-appearance by driver.
* Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Drivers License can be reissued or returned to you after a suspension or restriction, you have to:
* Pay a $55 reissue fee to the San Diego DMV.
* Your insurance company will have to file an SR-22 proof of financial responsibility certificate with California DMV.
* You and your insurance company must maintain the SR-22 for a period of three years.
If California DMV orders yous suspended because you a "negligent operator" (even if you are not convicted of a San Diego DUI), call a top San Diego DUI criminal defense lawyer today.
Start by obeying all California traffic laws, not just San Diego drunk driving laws.
Practice safe driving habits. If you start accumulating San Diego tickets for moving violations, which count as 1 or 2 points, you may be considered a negligent operator and may lose your California privilege to drive. If so, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can help you.
You will be considered a California negligent operator if your California driving record shows any of the following point count totals:
* 4 points in 12 months
* 6 points in 24 months
* 8 points in 36 months
Most San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego DUI, are designated as 2 points. Most ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego "at fault" accident is normally counted as 1 point.
You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately. Usually, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV.
The San Diego DMV negligent operator hearing is limited to the following:
* Correctness of your San Diego California driving record.
* Determination of any pending San Diego court charges, collisions or convictions not show on the record.
* Physical and mental conditions related to the California driving record.
* Responsibility of driving for any San Diego accidents on the driving record.
* Alcohol consumption related to any major violations or San Diego accidents.
* Mitigating factors such plans for improvement and corrective measures, need for the license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, any other hardship for the San Diego driver, etc.
* Aggravating factors such responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violations of probations or other terms and conditions of the San Diego action, etc.
Possible Decisions of the San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
* Sustain the San Diego California DMV action.
* Order probation and modify the suspension period.
* Modify Probation vacate the suspension and order a restriction.
* Order probation only to monitor future driving.
* Set aside the San Diego DMV action for lack of evidence.
* Set aside the San Diego DMV action for lack of notice of hearing.
* Take no action other than what is currently in effect if non-appearance by driver.
* Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Drivers License can be reissued or returned to you after a suspension or restriction, you have to:
* Pay a $55 reissue fee to the San Diego DMV.
* Your insurance company will have to file an SR-22 proof of financial responsibility certificate with California DMV.
* You and your insurance company must maintain the SR-22 for a period of three years.
Tuesday, October 27, 2009
Watch how a San Diego DUI & DMV Defense Lawyer Does It!!
San Diego DUI criminal defense attorneys will explain to you that 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. Ouch.
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.
. 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 made.
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.
. 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 made.
For more information or to contact a San Diego DUI Lawyer who can help:
Sunday, October 25, 2009
Basic, initial questions for a prosective San Diego DUI criminal defense lawyer
Basic, initial questions for a prosective San Diego DUI criminal defense attorney:
How much of his practice is DUI Defense?
Does that lawyer work in the "trenches"? (Or is like a superviosr, or in the Office, while he sends less experienced lawyers to Court and DMV?)
Does he quickly and thoroughly respond to emailed questions?
Retaining a San Diego California DUI & DMV Defense Lawyer Specialist with 25 years of experience suggests one should examine the qualifications of a California DUI Lawyer Specialist in this complex speciality.
Consider more - Why use San Diego County's Specialist in DUI and DMV Law.
How much of his practice is DUI Defense?
Does that lawyer work in the "trenches"? (Or is like a superviosr, or in the Office, while he sends less experienced lawyers to Court and DMV?)
Does he quickly and thoroughly respond to emailed questions?
Retaining a San Diego California DUI & DMV Defense Lawyer Specialist with 25 years of experience suggests one should examine the qualifications of a California DUI Lawyer Specialist in this complex speciality.
Consider more - Why use San Diego County's Specialist in DUI and DMV Law.
Saturday, October 24, 2009
Wealth of information offered by San Diego DUI criminal defense attorney Rick Mueller of the San Diego County DUI Law Center
Spending a night in jail for a questionable drunk driving arrest raises the necessity for San Diego DUI Criminal Attorney Rick Mueller. After all, he specializes in California DUI and DMV law. San Diego DUI Specialist Rick Mueller is the only attorney who was the featured Speaker at 7 DUI seminars in San Diego County over a recent period of time. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at an eighth seminar for the California Attorneys For Criminal Justice annual DUI seminar demonstrating San Diego DUI Defense Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. August 1, 2009 marked his appearance at Loyola Law School's annual DUI defense seminar. Previously specially recognized as a Contributor to the California Drunk Driving Law book, he is the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. San Diego DUI criminal defense lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association and is also a member of the National College for DUI Defense, a prestigious group with a limited number of San Diego DUI criminal defense attorneys.
Check this out: 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:
Check this out: 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:
Thursday, October 22, 2009
San Diego DUI checkpoint in Escondido Friday!!
San Diego DUI criminal defense attorneys learned of a California DUI sobriety and driver's license checkpoint Saturday night from 6 p.m. Saturday to 1 a.m. Sunday in Escondido.
This California DUI checkpoint will be to detect drunken drivers and those with suspended, revoked or no driver's license, and to educate the public about the dangers of driving while drunk, San Diego DUI criminal defense lawyers say.
San Diego drunk driving defense attorneys know the establishment and location of San Diego California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. San Diego DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
There are numerous requirements. For more information visit this site.
This California DUI checkpoint will be to detect drunken drivers and those with suspended, revoked or no driver's license, and to educate the public about the dangers of driving while drunk, San Diego DUI criminal defense lawyers say.
San Diego drunk driving defense attorneys know the establishment and location of San Diego California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. San Diego DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
There are numerous requirements. For more information visit this site.
Wednesday, October 21, 2009
San Diego DUI breath machines are neither reliable nor scientifically infallible!!
San Diego DUI criminal defense attorneys scientifically attack the integrity of the formula and illogical assumptions used in San Diego DUI breath gadgets.
As the California courts recently suggest, the partition ratio (Henry's law constant), under controlled laboratory conditions, has been measured by different
scientists. For ethanol in water, they measured and reported
different values, ranging from 1200 to 1, up to 2300 to 1. A website
that publishes the constants for Henry's law can be found with a
Google of "Henrys Law Constants", the first listed by Google can be
visited, and a table of constants for hundreds of different compounds
can be downloaded, including "Ethanol". These measurements have
citations to the experiments and studies that support the individual
measurements. It is interesting that NO STUDY reported 2100 to 1.
One's human body is not a perfect or even good experiment for the
exchange of alcohol into air. We have no glass jar, stirring rod,
thermostat/heater, and thermometer located in our lungs (the
components of the simulator cannot be found in our bodies). To start
with, it is known that the contents of alcohol in the blood is
different in a vein than in an artery. It is different depending on
whether the alcohol is in pre- or post- absorptive phase of
absorption. Not all the alcohol in the exhaled breath comes from the
"deep lung" air (Mouth Alcohol, GERD, etc). The body temperature
at the point of the exchange from liquid to breath has an effect on the
amount of alcohol to be reported. Mucus in the air tracts can contribute
alcohol, as well as alcohol in the mouth.
There is no "Ethanol Partition Ratio Gene" to be found in the DNA of our bodies.
We are not born with a body whose alcohol will transmit into breath at a constant
rate throughout life. One can see nothing to suggest that the
partition ratio can be tracked for a human throughout their life
(would be nice, but I suggest it does not work that way). If we did
have such a phenomenon, then we could measure the partition ratio for
a subject, and compute what the BrAC should be, based on supplying
the correct constant into the computations.
When one realizes that scientists cannot agree on the constant under
controlled laboratory conditions, and that further uncertainty is
introduced by variables attributed to the human condition, then a
San Diego DUI criminal defense lawyer has a sound method for attacking the integrity of the formula employed in all the breath test machines in San Diego.
As the California courts recently suggest, the partition ratio (Henry's law constant), under controlled laboratory conditions, has been measured by different
scientists. For ethanol in water, they measured and reported
different values, ranging from 1200 to 1, up to 2300 to 1. A website
that publishes the constants for Henry's law can be found with a
Google of "Henrys Law Constants", the first listed by Google can be
visited, and a table of constants for hundreds of different compounds
can be downloaded, including "Ethanol". These measurements have
citations to the experiments and studies that support the individual
measurements. It is interesting that NO STUDY reported 2100 to 1.
One's human body is not a perfect or even good experiment for the
exchange of alcohol into air. We have no glass jar, stirring rod,
thermostat/heater, and thermometer located in our lungs (the
components of the simulator cannot be found in our bodies). To start
with, it is known that the contents of alcohol in the blood is
different in a vein than in an artery. It is different depending on
whether the alcohol is in pre- or post- absorptive phase of
absorption. Not all the alcohol in the exhaled breath comes from the
"deep lung" air (Mouth Alcohol, GERD, etc). The body temperature
at the point of the exchange from liquid to breath has an effect on the
amount of alcohol to be reported. Mucus in the air tracts can contribute
alcohol, as well as alcohol in the mouth.
There is no "Ethanol Partition Ratio Gene" to be found in the DNA of our bodies.
We are not born with a body whose alcohol will transmit into breath at a constant
rate throughout life. One can see nothing to suggest that the
partition ratio can be tracked for a human throughout their life
(would be nice, but I suggest it does not work that way). If we did
have such a phenomenon, then we could measure the partition ratio for
a subject, and compute what the BrAC should be, based on supplying
the correct constant into the computations.
When one realizes that scientists cannot agree on the constant under
controlled laboratory conditions, and that further uncertainty is
introduced by variables attributed to the human condition, then a
San Diego DUI criminal defense lawyer has a sound method for attacking the integrity of the formula employed in all the breath test machines in San Diego.
Tuesday, October 20, 2009
Source code is the human readable representation of the software/ Source code is converted to the instructions that control the San Diego DUI machine.
What is a Breath Test Machine's "Source Code": San Diego DUI breath test machines are controlled by software. Source code is the human readable representation of the software. Source code is converted to the instructions that control the San Diego DUI breath test machine by a computer program called a compiler.
Once compiled, the software has no ambiguities, unlike works written in a natural language. Compared to traditional machines (voting, radar, etc.), a breath test manufacturer’s machine is different in every legal jurisdiction. These differences deal with different test procedures, regulations and laws. Requirements change in each state every 1 to 2 years due to statutory changes, frequently with requests from breath test agency change requests.
It is impossible to validate that a San Diego DUI breath test machine test was properly offered to a citizen.
Most states do not log all activity on their machines. When states do log activity, the agencies responsible for managing the programs do not have the expertise to understand what is logged. The Source Code is believed to discard the critical measurements that lead to the computed answer. San Diego DUI breath test machines do not show how they work.
The failure of the San Diego DUI breath test machines to show their work, the failure to preserve the California DUI breath sample, and the failure to preserve the California DUI breath test machine's testing process, means that the only method to verify the science of the San Diego DUI breath test machines breath test is to review what the machine did. This can be accomplished only through an analysis of the California DUI breath test machine's source code.
All complex software has defects or failures. When defects are encountered while the software is executed, faults can occur. When faults occur, they sometimes cause visible errors, referred to as failures. Industry norms can be used to estimate the number of defects, e.g. 50 defects per 1,000 lines of source code. When the California DUI breath test machine's manufacturer fixes a problem, the error reinsertion rate will establish the probability that a new error is introduced.
It is time to speak up when the California State Legislature establishes requirements that violate the basic principles of science. It is time to demand that the same standards and policies that are used to design medical and military systems be employed in the design of machines that can take a citizen’s liberty. It is time to speak out when a California DUI breath test machine manufacturer employs intellectually dishonest methods to hide known defective processes. In science as in law, sunlight is the best disinfectant. Do not let the San Diego California DUI breath test machine manufacturer or the state hide behind a curtain.
A scientific formula means nothing if the San Diego California DUI breath test machine's source code does not faithfully implement the science. Full logging of all calculations and work of the San Diego California DUI breath test machines should be the basic requirement for any scientific endorsement of the San Diego California DUI breath test machines. California citizens deserve California DUI breath test machines that are the best that can be built and used, and that work correctly.
San Diego California DUI defense lawyers should demand nothing less. When the source code is analyzed, the quality of California DUI breath testing will either be improved vastly, or the California DUI breath test machines will be declared unfit for use.
Once compiled, the software has no ambiguities, unlike works written in a natural language. Compared to traditional machines (voting, radar, etc.), a breath test manufacturer’s machine is different in every legal jurisdiction. These differences deal with different test procedures, regulations and laws. Requirements change in each state every 1 to 2 years due to statutory changes, frequently with requests from breath test agency change requests.
It is impossible to validate that a San Diego DUI breath test machine test was properly offered to a citizen.
Most states do not log all activity on their machines. When states do log activity, the agencies responsible for managing the programs do not have the expertise to understand what is logged. The Source Code is believed to discard the critical measurements that lead to the computed answer. San Diego DUI breath test machines do not show how they work.
The failure of the San Diego DUI breath test machines to show their work, the failure to preserve the California DUI breath sample, and the failure to preserve the California DUI breath test machine's testing process, means that the only method to verify the science of the San Diego DUI breath test machines breath test is to review what the machine did. This can be accomplished only through an analysis of the California DUI breath test machine's source code.
All complex software has defects or failures. When defects are encountered while the software is executed, faults can occur. When faults occur, they sometimes cause visible errors, referred to as failures. Industry norms can be used to estimate the number of defects, e.g. 50 defects per 1,000 lines of source code. When the California DUI breath test machine's manufacturer fixes a problem, the error reinsertion rate will establish the probability that a new error is introduced.
It is time to speak up when the California State Legislature establishes requirements that violate the basic principles of science. It is time to demand that the same standards and policies that are used to design medical and military systems be employed in the design of machines that can take a citizen’s liberty. It is time to speak out when a California DUI breath test machine manufacturer employs intellectually dishonest methods to hide known defective processes. In science as in law, sunlight is the best disinfectant. Do not let the San Diego California DUI breath test machine manufacturer or the state hide behind a curtain.
A scientific formula means nothing if the San Diego California DUI breath test machine's source code does not faithfully implement the science. Full logging of all calculations and work of the San Diego California DUI breath test machines should be the basic requirement for any scientific endorsement of the San Diego California DUI breath test machines. California citizens deserve California DUI breath test machines that are the best that can be built and used, and that work correctly.
San Diego California DUI defense lawyers should demand nothing less. When the source code is analyzed, the quality of California DUI breath testing will either be improved vastly, or the California DUI breath test machines will be declared unfit for use.
Monday, October 19, 2009
Guesstimating one's San Diego DUI BAC level is impossible, say criminal defense attorneys here
Holy Cow! San Diego California DUI breath test sample is supposed to estimate a person's BAC but it's just a guess.
You were just arrested for a California DUI. A California DUI Attorney asks you what your Blood Alcohol Contentration (BAC) level was.
The understanding of the California DUI breath test is for a driver to blow into a breath machine.
The machine is supposed to give us some idea of how much alcohol the driver has been drinking.
Here's how inhaled air becomes presented California DUI evidence which may or may not tell us exactly how much a California driver has been drinking.
When a person inhales, air from the room goes into their lungs.
The air goes into these tiny air sacks.
These sacks are lined with capillaries that carry blood to the sacks.
Inside these sacks is where gasses are exchanged from the air to the blood, and from the blood to the air. Among other things, there's a natural O2 and CO2 exchange.
Alcohol is a volatile chemical. That means when there is liquid alcohol present, a portion of that alcohol will escape as a gas.
This escaping alcohol gas gets into the air inside these tiny air sacks. The more alcohol that jumps into the air inside these tiny sacks, the more alcohol the driver will blow into the machine when they exhale.
Of course, how much someone has been drinking has an effect on how much alcohol will go into the air.
There are other factors besides how much someone has been drinking that will cause this amount of alcohol to change:
In fact, if 1000 people of the exact same height, weight, and sex, if they all had the exact same amount to drink, and if they all blew into a breath machine, you could get 1000 different numerical BAC's.
Notably, there could be over 300% difference in the lowest and highest breath alcohol result you would get.
All of those differences in those equal drinkers would be due to natural or biological differences in those individuals.
For example, you would have: (a) some people who could blow .05%, and (b) some could blow .15%.
(a) .05 is a lawful alcohol concentration, while (b) 15 is almost twice the legal limit.
You were just arrested for a California DUI. A California DUI Attorney asks you what your Blood Alcohol Contentration (BAC) level was.
The understanding of the California DUI breath test is for a driver to blow into a breath machine.
The machine is supposed to give us some idea of how much alcohol the driver has been drinking.
Here's how inhaled air becomes presented California DUI evidence which may or may not tell us exactly how much a California driver has been drinking.
When a person inhales, air from the room goes into their lungs.
The air goes into these tiny air sacks.
These sacks are lined with capillaries that carry blood to the sacks.
Inside these sacks is where gasses are exchanged from the air to the blood, and from the blood to the air. Among other things, there's a natural O2 and CO2 exchange.
Alcohol is a volatile chemical. That means when there is liquid alcohol present, a portion of that alcohol will escape as a gas.
This escaping alcohol gas gets into the air inside these tiny air sacks. The more alcohol that jumps into the air inside these tiny sacks, the more alcohol the driver will blow into the machine when they exhale.
Of course, how much someone has been drinking has an effect on how much alcohol will go into the air.
There are other factors besides how much someone has been drinking that will cause this amount of alcohol to change:
In fact, if 1000 people of the exact same height, weight, and sex, if they all had the exact same amount to drink, and if they all blew into a breath machine, you could get 1000 different numerical BAC's.
Notably, there could be over 300% difference in the lowest and highest breath alcohol result you would get.
All of those differences in those equal drinkers would be due to natural or biological differences in those individuals.
For example, you would have: (a) some people who could blow .05%, and (b) some could blow .15%.
(a) .05 is a lawful alcohol concentration, while (b) 15 is almost twice the legal limit.
Wednesday, October 14, 2009
A DUI suspect was apprehended & booked into San Diego county jail on suspicion of vehicular manslaughter and felony DUI in Sabre Springs area
San Diego DUI criminal defense attorneys learned today that a San Diego drunk driving accident left a woman dead. A DUI suspect was apprehended & booked into San Diego county jail on suspicion of vehicular manslaughter and felony DUI. Carl David allegedly lost control of the vehicle he was driving in the 12600 block of Sabre Springs Parkway according to San Diego police. His car veered off the roadway and onto a sidewalk, striking the pedestrian, who was believed to be in her mid to late 60s or early 70s, according to San Diego DUI attorneys.
Tuesday, October 13, 2009
San Diego DUI Criminal Defense Attorneys need to be familiar with San Diego DMV procedures. A DMV hearing officer will overrule objections.
San Diego DUI Criminal Defense Attorneys need to be familiar with San Diego DMV procedures. As unfair as it is, a DMV hearing officer 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. San Diego Hearing Officer offers evidence including 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.
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court.
Due to the 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.
Here's a San Diego DUI Lawyer who can help:
A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court.
Due to the 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.
Here's a San Diego DUI Lawyer who can help:
Sunday, October 11, 2009
Display wrecked Mazda at Torrey Pines High School as public art as a sobering object lesson to the dangers of DUI driving in San Diego?
DUI criminal defense attorneys in San Diego are told the public wants the recent Rancho Sante Fe accident vehicle to be towed onto campus and installed as public art as a sobering object lesson.
5 seniors from Torrey Pines High School crashed after leaving the house and one boy was killed.
The 17-year-old driver has been charged with vehicular manslaughter and felony drunken driving causing injury. He is in Juvenile Hall. His blood-alcohol level was allegedly 0.10 percent, above the legal driving limit for adults of 0.08, San Diego DUI criminal defense attorneys are told.
North County has become one of the state's hot spots for deaths and injuries involving youth alcohol drinking incidents. The region's dark, winding, rural roads are believed to play a role, San Diego DUI criminal defense lawyers reasoned.
5 seniors from Torrey Pines High School crashed after leaving the house and one boy was killed.
The 17-year-old driver has been charged with vehicular manslaughter and felony drunken driving causing injury. He is in Juvenile Hall. His blood-alcohol level was allegedly 0.10 percent, above the legal driving limit for adults of 0.08, San Diego DUI criminal defense attorneys are told.
North County has become one of the state's hot spots for deaths and injuries involving youth alcohol drinking incidents. The region's dark, winding, rural roads are believed to play a role, San Diego DUI criminal defense lawyers reasoned.
Friday, October 09, 2009
Insurance can kill you, say San Diego DUI criminal defense lawyers, after a drunk driving incident
San Diego DUI criminal defense attorneys consider the high cost of insurance something to be avoided in a drunk driving situation if possible.
One of the biggest hits a convicted San Diego drunk driver takes is in his insurance premiums.
In the event of a San Diego DUI conviction, it will likely affect your insurance rates for the next three to five years, or possibly more, according to one Insurance Information Association member.
Cuantos? Double, triple, even quadruple, some San Diego DUI criminal defense lawyers believe. Some companies such as State Farm Insurance will move you to a portion of the company that handles higher-risk policies.
Some insurance companies will drop you even upon arrest, regardless of conviction, DUI attorneys say who handle drunk driving defense. And if your policy isn't renewed, you'll have to try to find insurance someplace else or see whether your state has an assigned-risk pool. Either way, you'll pay for it. One midwestern state estimates that the high-risk insurance costs an additional $1,500 a year for 3 years, on average.
Why 3 years? Most insurance companies look at records for at least three years and sometimes for five years. To begin rebuilding your reputation in an insurer's eyes, you have to keep your nose completely clean -- no speeding tickets or other traffic citations.
Yet the financial impact of that DUI doesn't end after 3 years: You'll likely have to go as many as five more years, incident-free, to get back to the "preferred" status with the lowest premiums that you perhaps once enjoyed. In short, "it can be up to eight years afterward" that the DUI can affect you. Ouch. Cost: $4,500 or more.
Contact a San Diego Drunk Driving Criminal Defense Attorney for questions today.
One of the biggest hits a convicted San Diego drunk driver takes is in his insurance premiums.
In the event of a San Diego DUI conviction, it will likely affect your insurance rates for the next three to five years, or possibly more, according to one Insurance Information Association member.
Cuantos? Double, triple, even quadruple, some San Diego DUI criminal defense lawyers believe. Some companies such as State Farm Insurance will move you to a portion of the company that handles higher-risk policies.
Some insurance companies will drop you even upon arrest, regardless of conviction, DUI attorneys say who handle drunk driving defense. And if your policy isn't renewed, you'll have to try to find insurance someplace else or see whether your state has an assigned-risk pool. Either way, you'll pay for it. One midwestern state estimates that the high-risk insurance costs an additional $1,500 a year for 3 years, on average.
Why 3 years? Most insurance companies look at records for at least three years and sometimes for five years. To begin rebuilding your reputation in an insurer's eyes, you have to keep your nose completely clean -- no speeding tickets or other traffic citations.
Yet the financial impact of that DUI doesn't end after 3 years: You'll likely have to go as many as five more years, incident-free, to get back to the "preferred" status with the lowest premiums that you perhaps once enjoyed. In short, "it can be up to eight years afterward" that the DUI can affect you. Ouch. Cost: $4,500 or more.
Contact a San Diego Drunk Driving Criminal Defense Attorney for questions today.
Thursday, October 08, 2009
You need the kind of San Diego DUI criminal defense attorney that sticks to his guns and can't be talked down from his position
San Diego DUI criminal defense attorneys know that even if you think you are guilty - the guiltier you are - the more you definitely need someone like a San Diego DUI criminal defense lawyer specialist to help you. You need the kind of San Diego DUI criminal defense attorney that sticks to his guns and can't be talked down from his position.
Superb San Diego DUI criminal defense attorney Specialists charge more than other law firms often because they usually work twice as hard as any other San Diego DUI criminal defense lawyer.
There may be San Diego DUI criminal defense attorneys who would be happy to line up around the block to take your case for perhaps less. There is no reason to hire a San Diego DUI criminal defense lawyer for that. You should save your money for paying for the highest court fines on the most charges, taxis to and from work and/or jail, an ignition interlock device, vehicle impound, etc.
You don't want to go to Wal Mart for an accountant or a San Diego DUI criminal defense attorney.
Top San Diego DUI criminal defense attorneys get paid for what they know. Other attorneys can't charge for what they don't know.
Gunfighters don't get paid by the bullet.
Superb San Diego DUI criminal defense attorney Specialists charge more than other law firms often because they usually work twice as hard as any other San Diego DUI criminal defense lawyer.
There may be San Diego DUI criminal defense attorneys who would be happy to line up around the block to take your case for perhaps less. There is no reason to hire a San Diego DUI criminal defense lawyer for that. You should save your money for paying for the highest court fines on the most charges, taxis to and from work and/or jail, an ignition interlock device, vehicle impound, etc.
You don't want to go to Wal Mart for an accountant or a San Diego DUI criminal defense attorney.
Top San Diego DUI criminal defense attorneys get paid for what they know. Other attorneys can't charge for what they don't know.
Gunfighters don't get paid by the bullet.
Wednesday, October 07, 2009
Comprehensive, extensive San Diego DUI Lawyer with interesting video
Comprehensive, extensive 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. Easily complete Free Evaluation for your best San Diego DUI defense attorney strategy and to vigorously protect your important driver's license. Contact a San Diego California DUI Criminal Defense Lawyer today:
Tuesday, October 06, 2009
Shopping for cheap insurance after a San Diego DUI
If a San Diego DUI causes insurance ramifications, you need to know how to shop for the least expensive vehicle insurance. California law requires every admitted insurer selling private passenger automobile insurance policies to provide consumers with a cost estimate of its lowest priced personal auto policy at the limits the consumer requests and for which the consumer is eligible.
This requirement may be met by:
(1) maintaining a toll-free telephone, and/or
(2) maintaining an Internet Web site where consumers can obtain a cost estimate or be referred to an insurance agent/broker who will provide the estimate.
California Department of Insurance has made info. available on the Department's Internet Web site at http://www.insurance.ca.gov/ and its consumer toll-free telephone number (800) 927-4357.
Automobile Insurance info: http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0010-automobile/upload/New_Auto_Insurance_Combined_for_Web.pdf
Here is the list of insurers and their telephone and/or Web address information.
Please remember: This list is not all inclusive, as the Department continues to collect the insurers' data. The information on this Web site will be updated frequently, so please be sure to visit this site again for the latest information.
INSURER NAME
TELEPHONE
WEB SITE ADDRESS
21ST CENTURY CASUALTY COMPANY (800) 211-7283 www.21st.com
21ST CENTURY INSURANCE COMPANY (800) 211-7283 www.21st.com
AIG INDEMNITY INSURANCE COMPANY www.aigdirect.com
AIU INSURANCE COMPANY www.aigdirect.com
ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
ALLSTATE INDEMNITY COMPANY (800) 557-8283 www.allstate.com
ALLSTATE INSURANCE COMPANY (800) 557-8283 www.allstate.com
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY (800) 557-8283 www.allstate.com
AMCO INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
AMERICAN HOME ASSURANCE COMPANY www.aigdirect.com
AMERICAN INTERNATIONAL INSURANCE COMPANY OF CALIFORNIA, INC. www.aigdirect.com
ATLANTIC MUTUAL INSURANCE COMPANY www.atlanticmutual.com
AXA RE AMERICA INSURANCE COMPANY (866) 729-8999
CALIFORNIA CASUALTY INDEMNITY EXCHANGE (THE) www.calcas.com
CENTENNIAL INSURANCE COMPANY www.atlanticmutual.com
CLARENDON NATIONAL INSURANCE COMPANY (800) 333-5553
COAST NATIONAL INSURANCE COMPANY (800) 888-0080
DANIELSON INSURANCE COMPANY www.naicc.com
DANIELSON NATIONAL INSURANCE COMPANY www.naicc.com
DEERBROOK INSURANCE COMPANY (800) 349-7342 www.deerbrook.com
DEPOSITORS INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
ENCOMPASS INSURANCE COMPANY www.encompassinsurance.com
EVEREST NATIONAL INSURANCE COMPANY http://www.everestnational.com/
FARMERS INSURANCE EXCHANGE www.farmers.com
FEDERAL INSURANCE COMPANY www.chubb.com/
FIDELITY NATIONAL INSURANCE COMPANY (866) 699-1885
www.fnf.com
FINANCIAL INDEMNITY COMPANY www.unitrinspecialty.com
FIREMAN'S FUND INSURANCE COMPANY (800) 633-6006 www.firemansfund.com
GEICO CASUALTY COMPANY (800) 841-3000 www.GEICO.com
GEICO GENERAL INSURANCE COMPANY (800) 841-3000 www.GEICO.com
GEICO INDEMNITY COMPANY (800) 841-3000 www.GEICO.com
GLENS FALLS INSURANCE COMPANY (THE) www.encompassinsurance.com
GOVERNMENT EMPLOYEES INSURANCE COMPANY (800) 841-3000 www.GEICO.com
GRANITE STATE INSURANCE COMPANY www.aig4auto.com
GUIDEONE MUTUAL INSURANCE COMPANY (877) 448-4331
GUIDEONE SPECIALTY MUTUAL INSURANCE COMPANY (877) 448-4331
HARBOR SPECIALTY INSURANCE COMPANY (800) 233-2442
HARTFORD CASUALTY INSURANCE COMPANY www.thehartford.com
HARTFORD UNDERWRITERS INSURANCE COMPANY www.thehartford.com
HORACE MANN INSURANCE COMPANY (800) 999-1030
HORACE MANN PROPERTY & CASUALTY INSURANCE COMPANY (800) 999-1030
INFINITY INSURANCE COMPANY (800) 782-1020
LIBERTY MUTUAL FIRE INSURANCE COMPANY (800) 837-5254 www.libertymutual.com
MARYLAND CASUALTY COMPANY
(800) 208-1003
MERCURY INSURANCE COMPANY
(800) 956-3728
www.mercuryinsurance.com
MERASTAR INSURANCE COMPANY (800) 637-2782 www.merastar.com
MID-CENTURY INSURANCE COMPANY www.farmers.com
NATIONAL AMERICAN INSURANCE COMPANY OF CALIFORNIA www.naicc.com
NATIONAL INTERSTATE INSURANCE COMPANY (800) 929-1500 www.nationalinterstate.com
NATIONWIDE INSURANCE COMPANY OF AMERICA (800) 282-1446 www.alliedinsurance.com
NORTHBROOK INDEMNITY COMPANY (800) 349-7342 www.deerbrook.com
NORTHERN INSURANCE COMPANY OF NEW YORK (800) 208-1003
NORTHWESTERN PACIFIC INDEMNITY COMPANY www.chubb.com/
OREGON MUTUAL INSURANCE COMPANY (800) 444-7012 www.ormutual.com
PACIFIC INDEMNITY COMPANY www.chubb.com/
PACIFIC PROPERTY AND CASUALTY COMPANY www.anpac.com
PACIFIC SPECIALTY INSURANCE COMPANY (800) 303-5000 or (800) 828-3003 www.psic-onespot.com
PERMANENT GENERAL ASSURANCE CORPORATION
(800) 582-6401
www.pgac.com
PROGRESSIVE CHOICE INSURANCE COMPANY (888) 464-3841
PROGRESSIVE WEST INSURANCE COMPANY (888) 464-3841
REDLAND INSURANCE COMPANY (800) 937-3965
SAFEWAY DIRECT INSURANCE COMPANY (888) 581-3700 www.safewaydirect.com
SAFEWAY INSURANCE COMPANY (800) 807-2339 www.safewayins.com
STATE FARM FIRE AND CASUALTY COMPANY www.statefarm.com
STATE FARM GENERAL INSURANCE COMPANY www.statefarm.com
STATE FARM MUTUAL AUTO INSURANCE COMPANY www.statefarm.com
SUTTER INSURANCE COMPANY (800) 530-1124
www.sutterinsurance.com
TWIN CITY FIRE INSURANCE COMPANY www.thehartford.com
UNITRIN DIRECT INSURANCE COMPANY (800) 253-7744 www.unitrindirect.com
UNITRIN DIRECT PROPERTY & CASUALTY COMPANY (800) 253-7744 www.unitrindirect.com
VICTORIA FIRE & CASUALTY COMPANY
VIGILANT INSURANCE COMPANY www.chubb.com/
VIKING INSURANCE COMPANY OF WISCONSIN (800) 334-0090
WAWANESA GENERAL INSURANCE COMPANY (800) 640-2920 www.wawanesa.com
WAWANESA MUTUAL INSURANCE COMPANY (THE) (800) 640-2920 www.wawanesa.com
WESTERN UNITED INSURANCE COMPANY (800) 207-3618
WORKMEN'S AUTO INSURANCE COMPANY (800) 737-1757
This requirement may be met by:
(1) maintaining a toll-free telephone, and/or
(2) maintaining an Internet Web site where consumers can obtain a cost estimate or be referred to an insurance agent/broker who will provide the estimate.
California Department of Insurance has made info. available on the Department's Internet Web site at http://www.insurance.ca.gov/ and its consumer toll-free telephone number (800) 927-4357.
Automobile Insurance info: http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0010-automobile/upload/New_Auto_Insurance_Combined_for_Web.pdf
Here is the list of insurers and their telephone and/or Web address information.
Please remember: This list is not all inclusive, as the Department continues to collect the insurers' data. The information on this Web site will be updated frequently, so please be sure to visit this site again for the latest information.
INSURER NAME
TELEPHONE
WEB SITE ADDRESS
21ST CENTURY CASUALTY COMPANY (800) 211-7283 www.21st.com
21ST CENTURY INSURANCE COMPANY (800) 211-7283 www.21st.com
AIG INDEMNITY INSURANCE COMPANY www.aigdirect.com
AIU INSURANCE COMPANY www.aigdirect.com
ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
ALLSTATE INDEMNITY COMPANY (800) 557-8283 www.allstate.com
ALLSTATE INSURANCE COMPANY (800) 557-8283 www.allstate.com
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY (800) 557-8283 www.allstate.com
AMCO INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
AMERICAN HOME ASSURANCE COMPANY www.aigdirect.com
AMERICAN INTERNATIONAL INSURANCE COMPANY OF CALIFORNIA, INC. www.aigdirect.com
ATLANTIC MUTUAL INSURANCE COMPANY www.atlanticmutual.com
AXA RE AMERICA INSURANCE COMPANY (866) 729-8999
CALIFORNIA CASUALTY INDEMNITY EXCHANGE (THE) www.calcas.com
CENTENNIAL INSURANCE COMPANY www.atlanticmutual.com
CLARENDON NATIONAL INSURANCE COMPANY (800) 333-5553
COAST NATIONAL INSURANCE COMPANY (800) 888-0080
DANIELSON INSURANCE COMPANY www.naicc.com
DANIELSON NATIONAL INSURANCE COMPANY www.naicc.com
DEERBROOK INSURANCE COMPANY (800) 349-7342 www.deerbrook.com
DEPOSITORS INSURANCE COMPANY (800) 282-1446 www.alliedinsurance.com
ENCOMPASS INSURANCE COMPANY www.encompassinsurance.com
EVEREST NATIONAL INSURANCE COMPANY http://www.everestnational.com/
FARMERS INSURANCE EXCHANGE www.farmers.com
FEDERAL INSURANCE COMPANY www.chubb.com/
FIDELITY NATIONAL INSURANCE COMPANY (866) 699-1885
www.fnf.com
FINANCIAL INDEMNITY COMPANY www.unitrinspecialty.com
FIREMAN'S FUND INSURANCE COMPANY (800) 633-6006 www.firemansfund.com
GEICO CASUALTY COMPANY (800) 841-3000 www.GEICO.com
GEICO GENERAL INSURANCE COMPANY (800) 841-3000 www.GEICO.com
GEICO INDEMNITY COMPANY (800) 841-3000 www.GEICO.com
GLENS FALLS INSURANCE COMPANY (THE) www.encompassinsurance.com
GOVERNMENT EMPLOYEES INSURANCE COMPANY (800) 841-3000 www.GEICO.com
GRANITE STATE INSURANCE COMPANY www.aig4auto.com
GUIDEONE MUTUAL INSURANCE COMPANY (877) 448-4331
GUIDEONE SPECIALTY MUTUAL INSURANCE COMPANY (877) 448-4331
HARBOR SPECIALTY INSURANCE COMPANY (800) 233-2442
HARTFORD CASUALTY INSURANCE COMPANY www.thehartford.com
HARTFORD UNDERWRITERS INSURANCE COMPANY www.thehartford.com
HORACE MANN INSURANCE COMPANY (800) 999-1030
HORACE MANN PROPERTY & CASUALTY INSURANCE COMPANY (800) 999-1030
INFINITY INSURANCE COMPANY (800) 782-1020
LIBERTY MUTUAL FIRE INSURANCE COMPANY (800) 837-5254 www.libertymutual.com
MARYLAND CASUALTY COMPANY
(800) 208-1003
MERCURY INSURANCE COMPANY
(800) 956-3728
www.mercuryinsurance.com
MERASTAR INSURANCE COMPANY (800) 637-2782 www.merastar.com
MID-CENTURY INSURANCE COMPANY www.farmers.com
NATIONAL AMERICAN INSURANCE COMPANY OF CALIFORNIA www.naicc.com
NATIONAL INTERSTATE INSURANCE COMPANY (800) 929-1500 www.nationalinterstate.com
NATIONWIDE INSURANCE COMPANY OF AMERICA (800) 282-1446 www.alliedinsurance.com
NORTHBROOK INDEMNITY COMPANY (800) 349-7342 www.deerbrook.com
NORTHERN INSURANCE COMPANY OF NEW YORK (800) 208-1003
NORTHWESTERN PACIFIC INDEMNITY COMPANY www.chubb.com/
OREGON MUTUAL INSURANCE COMPANY (800) 444-7012 www.ormutual.com
PACIFIC INDEMNITY COMPANY www.chubb.com/
PACIFIC PROPERTY AND CASUALTY COMPANY www.anpac.com
PACIFIC SPECIALTY INSURANCE COMPANY (800) 303-5000 or (800) 828-3003 www.psic-onespot.com
PERMANENT GENERAL ASSURANCE CORPORATION
(800) 582-6401
www.pgac.com
PROGRESSIVE CHOICE INSURANCE COMPANY (888) 464-3841
PROGRESSIVE WEST INSURANCE COMPANY (888) 464-3841
REDLAND INSURANCE COMPANY (800) 937-3965
SAFEWAY DIRECT INSURANCE COMPANY (888) 581-3700 www.safewaydirect.com
SAFEWAY INSURANCE COMPANY (800) 807-2339 www.safewayins.com
STATE FARM FIRE AND CASUALTY COMPANY www.statefarm.com
STATE FARM GENERAL INSURANCE COMPANY www.statefarm.com
STATE FARM MUTUAL AUTO INSURANCE COMPANY www.statefarm.com
SUTTER INSURANCE COMPANY (800) 530-1124
www.sutterinsurance.com
TWIN CITY FIRE INSURANCE COMPANY www.thehartford.com
UNITRIN DIRECT INSURANCE COMPANY (800) 253-7744 www.unitrindirect.com
UNITRIN DIRECT PROPERTY & CASUALTY COMPANY (800) 253-7744 www.unitrindirect.com
VICTORIA FIRE & CASUALTY COMPANY
VIGILANT INSURANCE COMPANY www.chubb.com/
VIKING INSURANCE COMPANY OF WISCONSIN (800) 334-0090
WAWANESA GENERAL INSURANCE COMPANY (800) 640-2920 www.wawanesa.com
WAWANESA MUTUAL INSURANCE COMPANY (THE) (800) 640-2920 www.wawanesa.com
WESTERN UNITED INSURANCE COMPANY (800) 207-3618
WORKMEN'S AUTO INSURANCE COMPANY (800) 737-1757
Monday, October 05, 2009
San Diego DUI criminal defense attorney will handle your Drunk Driving & DMV cases
While you are waiting for your San Diego DUI criminal defense attorney to work for you at an upcoming date, or for your San Diego DUI criminal defense lawyer to convey updates on your case, there may not be a lot for you to do. That may be a bit frustrating.
Simply please wait for news from your San Diego DUI criminal defense attorney. Your San Diego DUI criminal defense lawyer will mail what is received and obtained.
DMV is understaffed, underfunded, disorganized, inefficient, and very slow.
A San Diego DUI criminal defense attorney will take care of everything.
Simply please wait for news from your San Diego DUI criminal defense attorney. Your San Diego DUI criminal defense lawyer will mail what is received and obtained.
DMV is understaffed, underfunded, disorganized, inefficient, and very slow.
A San Diego DUI criminal defense attorney will take care of everything.
Saturday, October 03, 2009
Driving in San Diego could get you too many moving violations, causing you to lose your license!
San Diego DUI criminal defense attorneys are asked how many points a DUI is: 2. San Diego DUI criminal defense lawyers tell folks not to get too many moving violation or they could lose their California license.
Negligent Operator (Possible Suspension for Excessive Points on your driving record)
Once you start getting San Diego California tickets for moving violations, which each count as 1 or 2 points, you may be considered a negligent operator and possibly lose your California privilege to drive.
You could be considered a negligent operator if your California driving record shows point count totals any of the following:
• 4 points in 12 months
• 6 points in 24 months
• 8 points in 36 months
Major San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego California DUI, are designated as 2 points. Minor or ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego California "at fault" accident is normally counted as 1 point.
You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately.
San Diego DMV may consider you a "negligent operator" even if you are not convicted of a San Diego California DUI. Obey all San Diego California traffic laws, not just San Diego drunk driving laws. So practice safe San Diego driving habits.
A San Diego California Drunk Driving Lawyer or San Diego DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV so make sure you pay attention to the deadline in the DMV's letter.
The San Diego DMV negligent operator hearing is limited to the following issues:
• Mitigating factors are important, such as plans for improvement and corrective measures, need for your license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, and any other hardship for the San Diego driver.
• Aggravating factors can hurt, such as responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violation(s) of probation(s) or other terms and conditions of the San Diego action.
• Correctness of your San Diego California driving record.
• Determination of any pending San Diego court charges, collisions or convictions not show on the record.
• Physical and mental conditions related to the California driving record.
• Responsibility of driving for any San Diego accidents on the driving record.
• Alcohol consumption related to any major violations or San Diego accidents.
Optional Decisions of a San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
• Uphold (sustain) the San Diego California DMV action.
• Order probation and modify the suspension period.
• Modify Probation vacate the suspension and order a restriction.
• Order probation only to monitor future driving.
• Set aside the San Diego DMV action for lack of evidence.
• Set aside the San Diego DMV action for lack of notice of hearing.
• Take no action other than what is currently in effect if non-appearance by driver.
• End or terminate the San Diego DMV action.
For help, try a free evaluation form.
Negligent Operator (Possible Suspension for Excessive Points on your driving record)
Once you start getting San Diego California tickets for moving violations, which each count as 1 or 2 points, you may be considered a negligent operator and possibly lose your California privilege to drive.
You could be considered a negligent operator if your California driving record shows point count totals any of the following:
• 4 points in 12 months
• 6 points in 24 months
• 8 points in 36 months
Major San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego California DUI, are designated as 2 points. Minor or ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego California "at fault" accident is normally counted as 1 point.
You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately.
San Diego DMV may consider you a "negligent operator" even if you are not convicted of a San Diego California DUI. Obey all San Diego California traffic laws, not just San Diego drunk driving laws. So practice safe San Diego driving habits.
A San Diego California Drunk Driving Lawyer or San Diego DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV so make sure you pay attention to the deadline in the DMV's letter.
The San Diego DMV negligent operator hearing is limited to the following issues:
• Mitigating factors are important, such as plans for improvement and corrective measures, need for your license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, and any other hardship for the San Diego driver.
• Aggravating factors can hurt, such as responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violation(s) of probation(s) or other terms and conditions of the San Diego action.
• Correctness of your San Diego California driving record.
• Determination of any pending San Diego court charges, collisions or convictions not show on the record.
• Physical and mental conditions related to the California driving record.
• Responsibility of driving for any San Diego accidents on the driving record.
• Alcohol consumption related to any major violations or San Diego accidents.
Optional Decisions of a San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
• Uphold (sustain) the San Diego California DMV action.
• Order probation and modify the suspension period.
• Modify Probation vacate the suspension and order a restriction.
• Order probation only to monitor future driving.
• Set aside the San Diego DMV action for lack of evidence.
• Set aside the San Diego DMV action for lack of notice of hearing.
• Take no action other than what is currently in effect if non-appearance by driver.
• End or terminate the San Diego DMV action.
For help, try a free evaluation form.
Friday, October 02, 2009
San Diego California DUI criminal defense attorney sitemap for award-winning website
Free Evaluation by San Diego DUI criminal defense lawyer: Doing this Evaluation Form will expedite getting important information to San Diego DUI/DMV Defense Attorney Rick Mueller.
Other helpful visits:
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
What opposing Police say about Attorney
If you were arrested for a DUI or Drunk Driving in San Diego County, completing this form now will immediately get the needed information to San Diego DUI / DMV Attorney Rick Mueller (for his eyes only).
Other helpful visits:
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
What opposing Police say about Attorney
If you were arrested for a DUI or Drunk Driving in San Diego County, completing this form now will immediately get the needed information to San Diego DUI / DMV Attorney Rick Mueller (for his eyes only).
Thursday, October 01, 2009
San Diego County DUI? Filling out this DUI defense survey will expedite attorney Mueller's reply
San Diego County DUI? Filling out this DUI defense 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.
The first San Diego DUI criminal defense attorney question is key:
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"?
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.
The first San Diego DUI criminal defense attorney question is key:
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"?
Wednesday, September 30, 2009
Independently rated by his peers and clients as "Superb", Rick Mueller is a top DUI lawyer
Independently rated as "Superb", Rick Mueller is one of the top San Diego DUI Lawyers. He has been practicing drunk driving defense law since 1983. He received his Juris Doctor degree from Chicago Kent College of Law and is also a licensed attorney in Illinois.
Rick is the only San Diego DUI criminal defense attorney who was the featured Speaker at seven DUI / DMV seminars in San Diego County in recent years. Rick was selected by Attorney of the Year Felipe "Mad Dog" Plascencia to lecture at the 2009 Mexican American Bar Association's Annual DUI Seminar "Attacking & Defending DUI Cases" held at Loyola Law School in Los Angeles. At the request of California DUI Lawyers Association President Vincent Tucci, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI Seminar.
Rick is the only San Diego DUI criminal defense attorney who was the featured Speaker at seven DUI / DMV seminars in San Diego County in recent years. Rick was selected by Attorney of the Year Felipe "Mad Dog" Plascencia to lecture at the 2009 Mexican American Bar Association's Annual DUI Seminar "Attacking & Defending DUI Cases" held at Loyola Law School in Los Angeles. At the request of California DUI Lawyers Association President Vincent Tucci, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI Seminar.
Tuesday, September 29, 2009
San Diego DUI expungement - how to get a criminal defense lawyer to get your DUI off your record
San Diego DUI attorneys are often asked how to get a drunk driving off your record.
What is a DUI Expungement?
A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine:
•If the term of probation was successfully completed & concluded;
•That all 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 petitioner is not now on probation for another offense;
•That the petitioner has no new pending 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.
How does this help me?
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 DUI Expungement do?
Your dismissed 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.
Why Expunge my record? Why spend the money?
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 an Attorney is always first recommended and before answering any question.
What is a DUI Expungement?
A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine:
•If the term of probation was successfully completed & concluded;
•That all 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 petitioner is not now on probation for another offense;
•That the petitioner has no new pending 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.
How does this help me?
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 DUI Expungement do?
Your dismissed 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.
Why Expunge my record? Why spend the money?
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 an Attorney is always first recommended and before answering any question.
Monday, September 28, 2009
What to reasonably & promptly do within 10 days of being arrested, according to San Diego DUI criminal defense lawyers
What to reasonably & promptly do within 10 days of being arrested, according to San Diego DUI criminal defense lawyers at San Diego County DUI Law Center.
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:
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:
Video of San Diego DUI / DMV Attorney
Saturday, September 26, 2009
Unfortunately facing a DUI or Drunk Driving in San Diego? This Criminal Defense Attorney is here to save you!
Unfortunately facing a DUI or Drunk Driving in San Diego County? Click to assurances with this DUI criminal defense lawyer Survey now will immediately get this critical Survey information to San Diego DUI / DMV Attorney Rick Mueller.
If a San Diego DUI Breath Test, before completing, it is recommended you first view first view California DUI & Drunk Driving Defenses to San Diego County Breath Test. If a San Diego Drunk Driving Blood Test, feel free to view Defenses to San Diego County Blood Test.
If a San Diego DUI Breath Test, before completing, it is recommended you first view first view California DUI & Drunk Driving Defenses to San Diego County Breath Test. If a San Diego Drunk Driving Blood Test, feel free to view Defenses to San Diego County Blood Test.
Thursday, September 24, 2009
San Diego DUI criminal defense attorneys have learned that California DUI police receive $200 K
San Diego DUI criminal defense attorneys have learned that California DUI police will receive nearly $200,000 for Newport Beach's DUI enforcement program. Orange County's Newport Beach City Council approved the grant Tuesday night.
This California DUI police department will have $192,000 budgeted for California DUI checkpoints, extra patrols focused on California DUI enforcement, from October 1, 2009 to September 30, 2010.
The California DUI money comes from the California Office of Traffic Safety. The city pays for overtime costs associated with California Drunk Driving enforcement up front and is reimbursed by the state, according to the City Council staff report.
This California Drunk Driving grant will fund six California DUI checkpoints, 110 California DUI saturation patrols, two California DUI court sting operations, where police hide out near the Harbor Justice Center to catch folks driving to court with suspended licenses.
This California DUI police department will have $192,000 budgeted for California DUI checkpoints, extra patrols focused on California DUI enforcement, from October 1, 2009 to September 30, 2010.
The California DUI money comes from the California Office of Traffic Safety. The city pays for overtime costs associated with California Drunk Driving enforcement up front and is reimbursed by the state, according to the City Council staff report.
This California Drunk Driving grant will fund six California DUI checkpoints, 110 California DUI saturation patrols, two California DUI court sting operations, where police hide out near the Harbor Justice Center to catch folks driving to court with suspended licenses.
Wednesday, September 23, 2009
Arguments in favor of the new California DUI Ignition Interlock Bill, from a California DUI judge's perspective
San Diego DUI criminal defense attorneys at San Diego County DUI Law Center, including Drunk Driving defense lawyer specialist Rick Mueller, were told about one judge who wants interlock devices. Here's his take:
He was the first California judge to order convicted DUI drivers to install ignition-interlock devices in their vehicles. The device is designed to stop people who have been drinking alcohol from starting their cars by requiring them first to blow into it. If there is alcohol on the driver's breath, the California DUI device will not allow the ignition system to operate.
Ordering convicted California DUI drivers to install these devices seems to this judge to be a matter of common sense and basic safety. But in fact, it was far more complicated. The California courts may soon require judges to follow this California DUI judge's lead on ignition-interlock sentencing.
20 years later, the judge is waiting on Gov. Arnold Schwarzenegger's signature. Fellow judges did not support this California DUI judge's ignition-interlock sentences. Judges, no less than the rest of us, resist change. Colleagues who were assigned to calendars filled with California DUI charges wanted to dispose of these cases quickly and quietly, obtaining guilty pleas as early in the process as possible. Completing the additional paperwork that went with ignition-interlock devices did not sit well with them.
There was also initial opposition from Mothers Against Drunk Driving. In their view, the ignition-interlock devices weren't punitive enough; they preferred more jail time for California DUI / drunk drivers. Incarceration, however, is a temporary remedy. As the recidivism numbers clearly demonstrate, convicted California DUI drivers return to the roads in numbers too great to ignore.
Then there was the issue of fairness, since the devices are expensive. (20 years ago, the installation fee was $150 and the lease fee was $50 per month; prices have gone up a bit.) Convicted California DUI drivers are often low-income.
By ordering them to use the devices, this California DUI judge was effectively raising their fines, so he lowered those to offset the fees. That proved unacceptable to Santa Clara County's district attorney's office, which took the position that California DUI judges could not lawfully reduce drunk driving fines
Now 50 states have laws permitting the imposition of ignition-interlock devices as sentencing alternatives for drunk drivers. The devices have a proven track record as reportedly an effective deterrent. The American Journal of Preventive Medicine notes that five out of six studies found that interlocks reduced the rate of recidivism for DWI charges. Participants in the interlock programs were 15 percent to 69 percent less likely than other offenders to be rearrested for drunk driving.
Still judges often fail to order the installations, even when the law requires it. Anecdotally, you can take your pick of explanations: too much paperwork; too much court time to review the results of the breath printouts; opposition to any other sentencing options other than jail; ignorance of the fact that this is a California DUI sentencing alternative.
Just as convicted California DUI drivers must be made to use the devices, California DUI judges must be made to order them. The well-documented carnage on our highways and the tremendous economic impact wreaked upon us by California DUI drunk drivers are far too great to leave to judicial whim.
This California DUI bill rests on the governor's desk, which passed earlier this month - it would require judges to order the installation of ignition-interlock devices in the vehicles of convicted first-time California DUI drivers and repeat California DUI drivers, as a pilot project in the counties of Los Angeles, Alameda, Sacramento, and Tulare.
If Schwarzenegger signs the bill, the pilot program would start in July 2010 and become statewide law in 2016. This California DUI legislation is supported by a wide array of law enforcement agencies, including MADD, which has changed its stance on ignition-interlock sentencing.
San Diego DUI criminal defense lawyers wonder what will happen.
He was the first California judge to order convicted DUI drivers to install ignition-interlock devices in their vehicles. The device is designed to stop people who have been drinking alcohol from starting their cars by requiring them first to blow into it. If there is alcohol on the driver's breath, the California DUI device will not allow the ignition system to operate.
Ordering convicted California DUI drivers to install these devices seems to this judge to be a matter of common sense and basic safety. But in fact, it was far more complicated. The California courts may soon require judges to follow this California DUI judge's lead on ignition-interlock sentencing.
20 years later, the judge is waiting on Gov. Arnold Schwarzenegger's signature. Fellow judges did not support this California DUI judge's ignition-interlock sentences. Judges, no less than the rest of us, resist change. Colleagues who were assigned to calendars filled with California DUI charges wanted to dispose of these cases quickly and quietly, obtaining guilty pleas as early in the process as possible. Completing the additional paperwork that went with ignition-interlock devices did not sit well with them.
There was also initial opposition from Mothers Against Drunk Driving. In their view, the ignition-interlock devices weren't punitive enough; they preferred more jail time for California DUI / drunk drivers. Incarceration, however, is a temporary remedy. As the recidivism numbers clearly demonstrate, convicted California DUI drivers return to the roads in numbers too great to ignore.
Then there was the issue of fairness, since the devices are expensive. (20 years ago, the installation fee was $150 and the lease fee was $50 per month; prices have gone up a bit.) Convicted California DUI drivers are often low-income.
By ordering them to use the devices, this California DUI judge was effectively raising their fines, so he lowered those to offset the fees. That proved unacceptable to Santa Clara County's district attorney's office, which took the position that California DUI judges could not lawfully reduce drunk driving fines
Now 50 states have laws permitting the imposition of ignition-interlock devices as sentencing alternatives for drunk drivers. The devices have a proven track record as reportedly an effective deterrent. The American Journal of Preventive Medicine notes that five out of six studies found that interlocks reduced the rate of recidivism for DWI charges. Participants in the interlock programs were 15 percent to 69 percent less likely than other offenders to be rearrested for drunk driving.
Still judges often fail to order the installations, even when the law requires it. Anecdotally, you can take your pick of explanations: too much paperwork; too much court time to review the results of the breath printouts; opposition to any other sentencing options other than jail; ignorance of the fact that this is a California DUI sentencing alternative.
Just as convicted California DUI drivers must be made to use the devices, California DUI judges must be made to order them. The well-documented carnage on our highways and the tremendous economic impact wreaked upon us by California DUI drunk drivers are far too great to leave to judicial whim.
This California DUI bill rests on the governor's desk, which passed earlier this month - it would require judges to order the installation of ignition-interlock devices in the vehicles of convicted first-time California DUI drivers and repeat California DUI drivers, as a pilot project in the counties of Los Angeles, Alameda, Sacramento, and Tulare.
If Schwarzenegger signs the bill, the pilot program would start in July 2010 and become statewide law in 2016. This California DUI legislation is supported by a wide array of law enforcement agencies, including MADD, which has changed its stance on ignition-interlock sentencing.
San Diego DUI criminal defense lawyers wonder what will happen.
Tuesday, September 22, 2009
Text of new AB91 California DUI interlock law
San Diego DUI attorneys are being asked about the proposed new drunk driving law for california. Expert DUI attorneys have been looking into this and the effect of this law on the current dui laws in California.
BILL NUMBER: AB 91 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Feuer
(Coauthors: Assembly Members Buchanan, De La Torre, Gilmore, Hill,
Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal, Miller, Nava,
Saldana, Solorio, and Torlakson)
(Coauthors: Senators Benoit, Cox, and DeSaulnier)
JANUARY 6, 2009
An act to amend Sections 13386 and 23576 of, and to add and repeal
Chapter 5 (commencing with Section 23700) of Division 11.5 of, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 91, as amended, Feuer. Vehicles: driving under the influence
(DUI): ignition interlock device.
(1) Existing law requires all manufacturers of ignition interlock
devices that meet specified requirements and are certified in a
manner approved by the Department of Motor Vehicles, who
that intend to market the devices in this state,
to first apply to the department on forms provided by the department
and to pay an accompanying fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out those provisions.
This bill would require a manufacturer and a manufacturer's agent,
certified by the department to provide ignition interlock devices,
to provide each year to the department information on the number of
false positives and the time to reset the device. The bill would also
require the department to use this information in evaluating the
continued certification of an ignition interlock device.
(2) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also authorizes a
person whose privilege is suspended or revoked in that manner to
receive a restricted driver's license if specified requirements are
met, including, in some instances, the installation of an ignition
interlock device on the person's vehicle.
This bill would require the department to establish a pilot
program from July 1, 2010, to January 1, 2016, in the Counties of
Alameda, Los Angeles, Sacramento, and Tulare that requires, as a
condition of being issued a restricted driver's license, being
reissued a driver's license, or having the privilege to operate a
motor vehicle reinstated subsequent to a conviction for a violation
of the above offenses, a person to install for a specified period of
time an ignition interlock device on all vehicles he or she owns or
operates, except as provided. The amount of time the ignition
interlock device would be required to be installed would be based
upon the number of convictions, as prescribed. The bill would
prohibit the implementation of the pilot program if the department
fails to obtain, by January 31, 2010, nonstate funds for the
programming costs of the pilot program.
The bill would set up a statutory scheme under which the
department would, with regard to the installation of an ignition
interlock device described above, notify the person of the ignition
interlock device installation requirements established under the
bill, accept notification from the installer of the ignition
interlock device of attempts to remove, bypass, or tamper with the
ignition interlock device or if the person fails 3 or more times to
comply with the maintenance requirements, monitor the installation
and maintenance of the ignition interlock device, and keep specified
records.
The bill would also require that manufacturers and manufacturer's
agents, certified by the department to provide ignition interlock
devices, adopt a fee schedule for payment of the costs of the
ignition interlock device based on the offender's ability to pay, and
would require the court to adopt a similar fee schedule with regard
to the fees for the county alcohol and drug problem assessment
program.
On or before January 1, 2015, the department would be required to
report to the Legislature regarding the effectiveness of the pilot
program in reducing the number of first-time driving under the
influence violations and repeat offenses in those counties.
(3) This bill would require that it becomes
become operative only if SB 598 of the 2009-10 Regular
Session becomes operative on or before January 1, 2010.
(4) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified ignition interlock device by a
person whose driving privilege is so restricted, the bill would
impose a state-mandated local program by expanding the scope of that
crime.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13386 of the Vehicle Code is amended to read:
13386. (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
(2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements. The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
(B) The department may use denial of certification, suspension or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
(i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.55 (commencing with
Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the
California Code of Regulations.
(ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
(C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service
center, technician, or consumer with technology or information that
allows a device to be used in a manner that is contrary to the
purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall
suspend or revoke the certification of the ignition interlock device
that is the subject of that violation.
(c) An installer, service center, or technician shall not tamper
with, change, or alter the functionality of the device from its
certified criteria.
(d) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines. The cost of certification shall be borne by the
manufacturers of ignition interlock devices. If the certification of
a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
(e) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
(f) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (e) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department. The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
(g) A manufacturer and a manufacturer's agent certified by the
department to provide ignition interlock devices shall provide each
year to the department information on the number of false positives
and the time to reset the device. The department shall use this
information in evaluating the continued certification of an ignition
interlock device.
(h) The department shall ensure that standard forms and
procedures are developed for documenting decisions and compliance and
communicating results to relevant agencies. These forms shall
include all of the following:
(1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation. This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device. Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
(2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement. Copies shall be provided for the manufacturer or the
manufacturer's agent.
(3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements. The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
(i) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.
SEC. 2. Section 23576 of the Vehicle Code is amended to read:
23576. (a) Notwithstanding Sections 23575 and 23700, if a person
is required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
SEC. 3. Chapter 5 (commencing with Section 23700) is added to
Division 11.5 of the Vehicle Code, to read:
CHAPTER 5. IGNITION INTERLOCK DEVICES
23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), shall
inform the convicted person of the requirements of this section,
including the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed by
this code.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(B) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months that begins once that
person has provided proof of installation .
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person
has provided proof of installation .
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person
has provided proof of installation .
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months
that begins once that person has provided proof of installation
.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person
has provided proof of installation .
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person
has provided proof of installation .
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months that begins once that person
has provided proof of installation .
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months
that begins once that person has provided proof of installation
.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) Every manufacturer and manufacturer's agent certified by
the department to provide ignition interlock devices, under Section
13386, shall adopt the following fee schedule that provides for the
payment of the costs of the ignition interlock device by offenders
subject to this chapter in amounts commensurate with that person's
income relative to the federal poverty level, as defined in Section
127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law.
(e) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(f) This section shall become operative on July 1, 2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Orange,
Sacramento, and San Diego Tulare
.
23702. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. This bill shall become operative only if Senate Bill 598
of the 2009-10 Regular Session is enacted and becomes operative on or
before January 1, 2010.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
BILL NUMBER: AB 91 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Feuer
(Coauthors: Assembly Members Buchanan, De La Torre, Gilmore, Hill,
Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal, Miller, Nava,
Saldana, Solorio, and Torlakson)
(Coauthors: Senators Benoit, Cox, and DeSaulnier)
JANUARY 6, 2009
An act to amend Sections 13386 and 23576 of, and to add and repeal
Chapter 5 (commencing with Section 23700) of Division 11.5 of, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 91, as amended, Feuer. Vehicles: driving under the influence
(DUI): ignition interlock device.
(1) Existing law requires all manufacturers of ignition interlock
devices that meet specified requirements and are certified in a
manner approved by the Department of Motor Vehicles, who
that intend to market the devices in this state,
to first apply to the department on forms provided by the department
and to pay an accompanying fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out those provisions.
This bill would require a manufacturer and a manufacturer's agent,
certified by the department to provide ignition interlock devices,
to provide each year to the department information on the number of
false positives and the time to reset the device. The bill would also
require the department to use this information in evaluating the
continued certification of an ignition interlock device.
(2) Existing law requires a person's privilege to operate a motor
vehicle to be suspended or revoked for a specified period of time if
the person has been convicted of violating specified provisions
prohibiting driving a motor vehicle while under the influence of an
alcoholic beverage or drug or the combined influence of an alcoholic
beverage and drug, or with 0.08% or more, by weight, of alcohol in
his or her blood or while addicted to the use of any drug, with or
without bodily injury to another. Existing law also authorizes a
person whose privilege is suspended or revoked in that manner to
receive a restricted driver's license if specified requirements are
met, including, in some instances, the installation of an ignition
interlock device on the person's vehicle.
This bill would require the department to establish a pilot
program from July 1, 2010, to January 1, 2016, in the Counties of
Alameda, Los Angeles, Sacramento, and Tulare that requires, as a
condition of being issued a restricted driver's license, being
reissued a driver's license, or having the privilege to operate a
motor vehicle reinstated subsequent to a conviction for a violation
of the above offenses, a person to install for a specified period of
time an ignition interlock device on all vehicles he or she owns or
operates, except as provided. The amount of time the ignition
interlock device would be required to be installed would be based
upon the number of convictions, as prescribed. The bill would
prohibit the implementation of the pilot program if the department
fails to obtain, by January 31, 2010, nonstate funds for the
programming costs of the pilot program.
The bill would set up a statutory scheme under which the
department would, with regard to the installation of an ignition
interlock device described above, notify the person of the ignition
interlock device installation requirements established under the
bill, accept notification from the installer of the ignition
interlock device of attempts to remove, bypass, or tamper with the
ignition interlock device or if the person fails 3 or more times to
comply with the maintenance requirements, monitor the installation
and maintenance of the ignition interlock device, and keep specified
records.
The bill would also require that manufacturers and manufacturer's
agents, certified by the department to provide ignition interlock
devices, adopt a fee schedule for payment of the costs of the
ignition interlock device based on the offender's ability to pay, and
would require the court to adopt a similar fee schedule with regard
to the fees for the county alcohol and drug problem assessment
program.
On or before January 1, 2015, the department would be required to
report to the Legislature regarding the effectiveness of the pilot
program in reducing the number of first-time driving under the
influence violations and repeat offenses in those counties.
(3) This bill would require that it becomes
become operative only if SB 598 of the 2009-10 Regular
Session becomes operative on or before January 1, 2010.
(4) Because it is a crime to operate a vehicle that is not
equipped with a functioning, certified ignition interlock device by a
person whose driving privilege is so restricted, the bill would
impose a state-mandated local program by expanding the scope of that
crime.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13386 of the Vehicle Code is amended to read:
13386. (a) (1) The Department of Motor Vehicles shall certify or
cause to be certified ignition interlock devices required by Article
5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and
publish a list of approved devices.
(2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according to the
requirements of this section continue to meet certification
requirements. The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
(B) The department may use denial of certification, suspension or
revocation of certification, or decertification of an ignition
interlock device in another state as an indication that the
certification requirements are not met, if either of the following
apply:
(i) The denial of certification, suspension or revocation of
certification, or decertification in another state constitutes a
violation by the manufacturer of Article 2.55 (commencing with
Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the
California Code of Regulations.
(ii) The denial of certification for an ignition interlock device
in another state was due to a failure of an ignition interlock device
to meet the standards adopted by the regulation set forth in clause
(i), specifically Sections 1 and 2 of the model specification for
breath alcohol ignition interlock devices, as published by notice in
the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on
pages 11774 to 11787, inclusive.
(C) Failure to continue to meet certification requirements shall
result in suspension or revocation of certification of ignition
interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service
center, technician, or consumer with technology or information that
allows a device to be used in a manner that is contrary to the
purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall
suspend or revoke the certification of the ignition interlock device
that is the subject of that violation.
(c) An installer, service center, or technician shall not tamper
with, change, or alter the functionality of the device from its
certified criteria.
(d) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off the
premises of the manufacturer or manufacturer's agent, in accordance
with the guidelines. The cost of certification shall be borne by the
manufacturers of ignition interlock devices. If the certification of
a device is suspended or revoked, the manufacturer of the device
shall be responsible for, and shall bear the cost of, the removal of
the device and the replacement of a certified device of the
manufacturer or another manufacturer.
(e) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications provided
in the guidelines adopted by the National Highway Traffic Safety
Administration.
(f) All manufacturers of ignition interlock devices that meet the
requirements of subdivision (e) and are certified in a manner
approved by the Department of Motor Vehicles, who intend to market
the devices in this state, first shall apply to the Department of
Motor Vehicles on forms provided by that department. The application
shall be accompanied by a fee in an amount not to exceed the amount
necessary to cover the costs incurred by the department in carrying
out this section.
(g) A manufacturer and a manufacturer's agent certified by the
department to provide ignition interlock devices shall provide each
year to the department information on the number of false positives
and the time to reset the device. The department shall use this
information in evaluating the continued certification of an ignition
interlock device.
(h) The department shall ensure that standard forms and
procedures are developed for documenting decisions and compliance and
communicating results to relevant agencies. These forms shall
include all of the following:
(1) An "Option to Install," to be sent by the Department of Motor
Vehicles to repeat offenders along with the mandatory order of
suspension or revocation. This shall include the alternatives
available for early license reinstatement with the installation of an
ignition interlock device and shall be accompanied by a toll-free
telephone number for each manufacturer of a certified ignition
interlock device. Information regarding approved installation
locations shall be provided to drivers by manufacturers with ignition
interlock devices that have been certified in accordance with this
section.
(2) A "Verification of Installation" to be returned to the
department by the reinstating offender upon application for
reinstatement. Copies shall be provided for the manufacturer or the
manufacturer's agent.
(3) A "Notice of Noncompliance" and procedures to ensure continued
use of the ignition interlock device during the restriction period
and to ensure compliance with maintenance requirements. The
maintenance period shall be standardized at 60 days to maximize
monitoring checks for equipment tampering.
(i) Every manufacturer and manufacturer's agent certified by the
department to provide ignition interlock devices shall adopt fee
schedules that provide for the payment of the costs of the device by
applicants in amounts commensurate with the applicant's ability to
pay.
SEC. 2. Section 23576 of the Vehicle Code is amended to read:
23576. (a) Notwithstanding Sections 23575 and 23700, if a person
is required to operate a motor vehicle in the course and scope of his
or her employment and if the vehicle is owned by the employer, the
person may operate that vehicle without installation of an approved
ignition interlock device if the employer has been notified by the
person that the person's driving privilege has been restricted
pursuant to Sections 23575 and 23700 and if the person has proof of
that notification in his or her possession, or if the notice, or a
facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or
partly owned or controlled by a person otherwise subject to Sections
23575 and 23700, is not a motor vehicle owned by the employer subject
to the exemption in subdivision (a).
SEC. 3. Chapter 5 (commencing with Section 23700) is added to
Division 11.5 of the Vehicle Code, to read:
CHAPTER 5. IGNITION INTERLOCK DEVICES
23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), shall
inform the convicted person of the requirements of this section,
including the term for which the person is required to have a
certified ignition interlock device installed. The records of the
department shall reflect the mandatory use of the device for the term
required and the time when the device is required to be installed by
this code.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an ignition
interlock device to be serviced by the installer at least once every
60 days in order for the installer to recalibrate and monitor the
operation of the device.
(B) The installer shall notify the department if the device is
removed or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three or more
times to comply with any requirement for the maintenance or
calibration of the ignition interlock device.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months that begins once that
person has provided proof of installation .
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person
has provided proof of installation .
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person
has provided proof of installation .
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months
that begins once that person has provided proof of installation
.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months that begins once that person
has provided proof of installation .
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months that begins once that person
has provided proof of installation .
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months that begins once that person
has provided proof of installation .
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months
that begins once that person has provided proof of installation
.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) Every manufacturer and manufacturer's agent certified by
the department to provide ignition interlock devices, under Section
13386, shall adopt the following fee schedule that provides for the
payment of the costs of the ignition interlock device by offenders
subject to this chapter in amounts commensurate with that person's
income relative to the federal poverty level, as defined in Section
127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law.
(e) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. A person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(f) This section shall become operative on July 1, 2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Orange,
Sacramento, and San Diego Tulare
.
23702. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. This bill shall become operative only if Senate Bill 598
of the 2009-10 Regular Session is enacted and becomes operative on or
before January 1, 2010.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
Monday, September 21, 2009
San Diego DUI lawyers are often asked How long does DMV report actions or convictions on driver license records?
San Diego DUI lawyers are often asked How long does DMV report actions or convictions on driver license records?
•Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 7 years from the violation date and count as 2 points.
•Most other traffic offense convictions will remain on your record for 3 years from the violation date and count as 1 point.
•Accidents are reported for 3 years from the accident date. If you are found to be at fault, the accident normally counts as 1 point.
•Actions taken against your driving privilege, such as a suspension or revocation due to a DUI or a failure to provide proof of financial responsibility, will be reported for 3 years from the proof termination date or the reinstatement date, whichever is earlier.
•A Failure To Appear for DUI offenses will be reported for 10 years from the violation date. All other Failure To Appears and Failure to Pay fines will be reported for 5 years from the violation date.
For help, visit the free Evaluation form by a premier San Diego DUI criminal defense attorney.
•Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 7 years from the violation date and count as 2 points.
•Most other traffic offense convictions will remain on your record for 3 years from the violation date and count as 1 point.
•Accidents are reported for 3 years from the accident date. If you are found to be at fault, the accident normally counts as 1 point.
•Actions taken against your driving privilege, such as a suspension or revocation due to a DUI or a failure to provide proof of financial responsibility, will be reported for 3 years from the proof termination date or the reinstatement date, whichever is earlier.
•A Failure To Appear for DUI offenses will be reported for 10 years from the violation date. All other Failure To Appears and Failure to Pay fines will be reported for 5 years from the violation date.
For help, visit the free Evaluation form by a premier San Diego DUI criminal defense attorney.
Thursday, September 17, 2009
an Diego DUI Criminal Defense Attorney Specialist Rick Mueller is the only DUI attorney ...
San Diego DUI Criminal Defense Attorney Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at so many successful DUI seminars in San Diego County in the last several years. Rick spoke on Strategies in Handling DUI Cases In California providing 363 pages of helpful materials to aid DUI / DMV attorneys and also spoke on "Current DMV Suspension Hearing Issues, Techniques & Writs" at the San Diego County Courthouse. Having been specially recognized as a Contributor to the California Drunk Driving Law book, he is now the 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 County attorney Rick Mueller's hard work. Rick is a Specialist Member of the California DUI Attorneys Association. He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers. He 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. Rick is in Good Standing with the State Bar of California.
24/7 Twit & Contact Information for San Diego DUI criminal defense lawyer:
If you need quality DMV - DUI legal representation, call 1-800-THE-LAW-DUI (1-800-843-5293)
24/7 Twit & Contact Information for San Diego DUI criminal defense lawyer:
If you need quality DMV - DUI legal representation, call 1-800-THE-LAW-DUI (1-800-843-5293)
Wednesday, September 16, 2009
Every San Diego DUI / DMV case criminal defense attorney Rick Mueller defends has a different tactic
Every San Diego DUI / DMV case criminal defense attorney Rick Mueller defends is different with respect to the facts, strategy and/or tactic.
Partial List of DUI / DMV Victories & Drivers' Licenses Saved In Past Several Years
Name
BAC%
Type of Test/Other
Adams
.14
Breath/Military Gate + Prior
Adams
Neg
Blood + Refusal
Ames
.02
Breath - Under 21/Accident
Arana
.03
Breath - Under 21/Speeding
Archer
.08
Breath/Erratic, weaving
Arcia
.14
Breath/Accident
Arredondo
.21
Blood/Weaving
Atkinson
.30
Blood/Accident + child in car
Babak
.20
Blood/Refusal + Prior
Babauta
.08/.09
Breath
Badway
.10
Breath/Accident
Bafi
.16
Breath/Improper U-turn
Bak
.13
Blood/Driving without headlights
Balmer
.08/.07
Breath/California roll+ Prior
Becerra
.01/.01
Breath/Trespass - Under 21
Beckel
.07
Blood/Ran Red Light
Beglinger
.08/.07
Breath/Ran out of gas
Bohs
.22
Breath/Weaving per citizen
Boughner
.10/.06
Blood + Breath/Speeding
Boud
.06
Breath - Under 21/Accident
Boud
.06
Breath - Under 21/Accident
Brady
.13
Blood + Prior
Brooks
.13/.14
Breath/Drive on Center Median
Burgess
.16
Blood/Almost Struck Another Vehicle/p>
Burns
.14
Blood/Speeding
Buettgenbach
.08
Breath/Checkpoint
Cameron
.27
Blood
Camper
.08/.07
Breath
Carrillo
.05/.06
Breath + Under 21/US Border
Cheney
.19/.17
Breath-Mouth Alcohol/Weaving
Cherico
.14/.15
Breath + Blood/Accident
Chipman
neg op
Accident
Choitner
.11/.11
Breath/Speeding - stop others
Comer
.17
Blood/Ex. of Speed, Backing Up @ Red Light
Cotton
neg op
Speeding/illegal movement
Coulthard
.22
Breath/Weave/No signal/Speed
Cox
.08/.07
Breath/Blood
Demoranville
neg op
Accident, DUI
Diehl
.18
Breath/Accident
Downing
Drugs
Blood/Weaving
Dolan
.22
Blood/Speed/Straddle + Prior
Dufau
.20
Blood + Under 21/Accidente
Eaves
.12/.13
Breath/Weaving
Edmett
.15/.16
Breath/Failure to stop
Elmashini
.11
Breath/Blood/90/30 mph zone
Erbschloe
.17
Blood/Accident + Hit & Run
Ericson
Drugs
Blood/Breath + Hit & Run
Espindola
.08/.07
Breath/Blood + Accident
Even
.23
Blood/Erratic per citizen
Ezzati
.17/.18
Breath/Accident
Fall
.23
Blood/Accident
Frederick
.10
Breath/Obstructed license plate
Gallaher
.04
Breath/50/20 mph zone + Under 21
Gichuki
.19
Blood/Accident
Gonzales
.21
Blood/Accident
Greer
.08/.09
Breath/Blood/Speeding
Guiterrez
.15/.17
Breath/No headlights
Gundersen
.13
Breath/Not Stop @ stop sign
Gunion
.17
Blood/Breath/Ignition running
in #1 lane + Under 21 years old
Hall
.09
Breath/No front license plate
Hammett
.07/.08
Breath
Harpell
.19
Blood/Weaving
Harris
.15/.16
Breath/Failed to go on green
Hauck
.11
Blood/Speeding + Prior
Hawkins
.09/.10
Blood/Breath + Under 21 years
Hawkins
.28
Blood/Drunk per citizen
Heinonen
.10
Blood/Headlight not on
Hernandez
.17
Blood/Blocking a roadway + Prior
Hersum
.07/.08
Blood/Breath/Speeding/Tailgating + Under 21
Heitman
.05/.06
Breath + Under 21 years old
Hughes
.03
Breath + Under 21/No Seatbelt
Hunt
.19
Blood/DUI Checkpoint
Iburg
.08
Breath/Impede Right of Way
Jackson
.15
Breath/Refusal
Johnson
.15
Breath + Under 21 years old
Johnston
.14/.15
Breath/Accident
Kelley
.06
Breath/Under 21
Kennedy
.15
Blood/Weaving
Ko
.17
Breath/Accident + Prior
Kohrig
.16
Breath
Kowalski
.08
Breath
Kruger
.19
Blood/Accident, no license
Kuma
.17
Blood + Accident
Lam
.16
Breath/Under 21
Ledyarb
.10/.07
Breath/Blood + Accident
Lewis
.11/.12
Breath/On side of highway
Lind
.17
Blood/Failure to use turn signal
Logsdon
.40
Blood/Accident + Hit & Run
Lorber
Refusal
Refusal + Prior
Lowe
.15
Blood/Wide turns
Machida
neg op
No stop/illegal movement-red arrow/reckless driving
Mal
.12
Breath/Fell asleep, blocking road + Prior
Maldonado
.20/.21
Breath/unsafe speed
Manglicmot
.13
Blood/911 call, 20/25
Mannion
.20/.21
Breath/U.S. Border + Prior
Marek
Drugs
Blood/Brake light out
Martin
.08
Breath/Stopped on side of road
Martineau
.25
Blood/Speeding + Straddling
Mason
neg op
Speeding/DUI
McCalley
.13
Breath/Weaving
McCarthy
.09/.10
Breath/Drove to Military gate
McMahon
.11
Blood/Speeding
Mejia
.15
Blood/Broken Tail Lamp
Michael
.09
Breath/Weaving
Montoya
.15
Breath/Weaving
Montoya
.12/.12
Breath/Driving w/out lights + Prior
Morgan
.22
Blood/Sleeping in vehicle
Murphy
.13
Blood/Weaving
Navarro
.08
Breath/95 mph
Neu
.09/.10
Breath/Wrong way street + prior APS
O'Connell
.08
Breath/Accident
Pardoen
.04
Breath/No stop + Under 21
Parish
.05
Breath/Accident
Parsons
neg op
Six moving violations
Patton
.15
Blood/Urinating in Public
Patil
.07/.09
Blood/Breath/Weaving
Peck
.11
Breath/Straddling, Fluctuating speeds
Peter
.16
Forced Blood/95 mph + Refusal
Philip
.11
Breath
Porter
.06
Breath + Under 21
Porter
.24
Blood/Accident + Prior
Proctor
.08/.09
Breath/El Centro Bureau of Land Management + Prior
Purkey
.08/.07
Breath - Under 21/Checkpoint
Pyne
.08/.07
Breath/Weaving + Prior
Quintero
.08/.06
Breath/Speeding + Under 21
Ramirez
.10
Breath/Stopped by MP at Gate
Reilly
.14/.13
Breath/BUI - Negligent
Reinicke
.11
Blood/Wrong side, nearly hit cop
Rinard
.08/.07
Breath
Roberts
.20
Blood
Robeiro
.09
Breath + Accident
Rothblatt
.11
Blood/Accident
Rudden
.19
Blood/Speeding
Sadiarin
.15
Blood/Passing thru Cal Trans
Scales
.18
Breath + Accident
Scanlon
.14
Breath/Friends throwing cans
Schaefer
.04/.03
Breath/Speeding + Under 21
Schmidt
.16
Breath/Red Light/Speed+ Prior
Schulte
Drug
Blood/Accident
Schwartz
.12
Blood/Weaving
Segovia
Refusal
Accident
Serrano
.11
Breath/Officer Miller
Servis
.05/.06
Breath/U.S. Border Stop
Shoemaker
09/.10
Breath
S Shirey
.08
Blood/Speeding
Shook
.09/.10
Breath/Driving without headlights
Shubert
.08/.06
Breath
Snyder
.05
Blood/Drugs
Sorooshian
.13/.14
Breath/Stopped to use cell phone
Spindler
.06/.08
Blood/Breath
Sticka
.16
Breath/Tailgating
Sukhinin
.09
Blood/Unauthorized BL. Drawer
Tangeman
.11
Blood
Taylor
.16
Breath/No front license plate
Tchernycheva
skills
Rear-end accident
Thomas
.16
Blood/Unauthorized BL. Drawer
Thompson
.08/.06
Breath
Thurm
.11
Breath/Weaving + Speeding
Vanbibber
.09
Breath/Disregard signal
Vera Cruz
.17
Blood/Weaving side to side
Virk
.09/.06
Breath/Ran out of gas
Wait
.021
Breath/Under 21-no headlights
Watts
skills
Improper turning
Weaver
.09/.07
Breath
Weber
.18
Blood/Accident
Whitcomb
.26/.27
Breath/Accident + Prior
White
.09
Blood/Accident
Whiteman
.08
Blood + Accident
Williams
.22
Blood/Tinted Windows
Wilson
.19
Blood/Drifting + Child in car
Yeargin
.09
Breath
Yen
.15/.16
Breath/Weaving
Zuckerman
.08
Breath/Accident
Victories listed were dependent on the facts of the particular cases. The results may obviously differ if based on different facts.
San Diego victories do not in themselves constitute or guarantee a prediction in your DMV or DUI outcome.
Of course, your likelihood of prevailing increases significantly if you retain a San Diego California DUI Lawyer Specialist.
Partial List of DUI / DMV Victories & Drivers' Licenses Saved In Past Several Years
Name
BAC%
Type of Test/Other
Adams
.14
Breath/Military Gate + Prior
Adams
Neg
Blood + Refusal
Ames
.02
Breath - Under 21/Accident
Arana
.03
Breath - Under 21/Speeding
Archer
.08
Breath/Erratic, weaving
Arcia
.14
Breath/Accident
Arredondo
.21
Blood/Weaving
Atkinson
.30
Blood/Accident + child in car
Babak
.20
Blood/Refusal + Prior
Babauta
.08/.09
Breath
Badway
.10
Breath/Accident
Bafi
.16
Breath/Improper U-turn
Bak
.13
Blood/Driving without headlights
Balmer
.08/.07
Breath/California roll+ Prior
Becerra
.01/.01
Breath/Trespass - Under 21
Beckel
.07
Blood/Ran Red Light
Beglinger
.08/.07
Breath/Ran out of gas
Bohs
.22
Breath/Weaving per citizen
Boughner
.10/.06
Blood + Breath/Speeding
Boud
.06
Breath - Under 21/Accident
Boud
.06
Breath - Under 21/Accident
Brady
.13
Blood + Prior
Brooks
.13/.14
Breath/Drive on Center Median
Burgess
.16
Blood/Almost Struck Another Vehicle/p>
Burns
.14
Blood/Speeding
Buettgenbach
.08
Breath/Checkpoint
Cameron
.27
Blood
Camper
.08/.07
Breath
Carrillo
.05/.06
Breath + Under 21/US Border
Cheney
.19/.17
Breath-Mouth Alcohol/Weaving
Cherico
.14/.15
Breath + Blood/Accident
Chipman
neg op
Accident
Choitner
.11/.11
Breath/Speeding - stop others
Comer
.17
Blood/Ex. of Speed, Backing Up @ Red Light
Cotton
neg op
Speeding/illegal movement
Coulthard
.22
Breath/Weave/No signal/Speed
Cox
.08/.07
Breath/Blood
Demoranville
neg op
Accident, DUI
Diehl
.18
Breath/Accident
Downing
Drugs
Blood/Weaving
Dolan
.22
Blood/Speed/Straddle + Prior
Dufau
.20
Blood + Under 21/Accidente
Eaves
.12/.13
Breath/Weaving
Edmett
.15/.16
Breath/Failure to stop
Elmashini
.11
Breath/Blood/90/30 mph zone
Erbschloe
.17
Blood/Accident + Hit & Run
Ericson
Drugs
Blood/Breath + Hit & Run
Espindola
.08/.07
Breath/Blood + Accident
Even
.23
Blood/Erratic per citizen
Ezzati
.17/.18
Breath/Accident
Fall
.23
Blood/Accident
Frederick
.10
Breath/Obstructed license plate
Gallaher
.04
Breath/50/20 mph zone + Under 21
Gichuki
.19
Blood/Accident
Gonzales
.21
Blood/Accident
Greer
.08/.09
Breath/Blood/Speeding
Guiterrez
.15/.17
Breath/No headlights
Gundersen
.13
Breath/Not Stop @ stop sign
Gunion
.17
Blood/Breath/Ignition running
in #1 lane + Under 21 years old
Hall
.09
Breath/No front license plate
Hammett
.07/.08
Breath
Harpell
.19
Blood/Weaving
Harris
.15/.16
Breath/Failed to go on green
Hauck
.11
Blood/Speeding + Prior
Hawkins
.09/.10
Blood/Breath + Under 21 years
Hawkins
.28
Blood/Drunk per citizen
Heinonen
.10
Blood/Headlight not on
Hernandez
.17
Blood/Blocking a roadway + Prior
Hersum
.07/.08
Blood/Breath/Speeding/Tailgating + Under 21
Heitman
.05/.06
Breath + Under 21 years old
Hughes
.03
Breath + Under 21/No Seatbelt
Hunt
.19
Blood/DUI Checkpoint
Iburg
.08
Breath/Impede Right of Way
Jackson
.15
Breath/Refusal
Johnson
.15
Breath + Under 21 years old
Johnston
.14/.15
Breath/Accident
Kelley
.06
Breath/Under 21
Kennedy
.15
Blood/Weaving
Ko
.17
Breath/Accident + Prior
Kohrig
.16
Breath
Kowalski
.08
Breath
Kruger
.19
Blood/Accident, no license
Kuma
.17
Blood + Accident
Lam
.16
Breath/Under 21
Ledyarb
.10/.07
Breath/Blood + Accident
Lewis
.11/.12
Breath/On side of highway
Lind
.17
Blood/Failure to use turn signal
Logsdon
.40
Blood/Accident + Hit & Run
Lorber
Refusal
Refusal + Prior
Lowe
.15
Blood/Wide turns
Machida
neg op
No stop/illegal movement-red arrow/reckless driving
Mal
.12
Breath/Fell asleep, blocking road + Prior
Maldonado
.20/.21
Breath/unsafe speed
Manglicmot
.13
Blood/911 call, 20/25
Mannion
.20/.21
Breath/U.S. Border + Prior
Marek
Drugs
Blood/Brake light out
Martin
.08
Breath/Stopped on side of road
Martineau
.25
Blood/Speeding + Straddling
Mason
neg op
Speeding/DUI
McCalley
.13
Breath/Weaving
McCarthy
.09/.10
Breath/Drove to Military gate
McMahon
.11
Blood/Speeding
Mejia
.15
Blood/Broken Tail Lamp
Michael
.09
Breath/Weaving
Montoya
.15
Breath/Weaving
Montoya
.12/.12
Breath/Driving w/out lights + Prior
Morgan
.22
Blood/Sleeping in vehicle
Murphy
.13
Blood/Weaving
Navarro
.08
Breath/95 mph
Neu
.09/.10
Breath/Wrong way street + prior APS
O'Connell
.08
Breath/Accident
Pardoen
.04
Breath/No stop + Under 21
Parish
.05
Breath/Accident
Parsons
neg op
Six moving violations
Patton
.15
Blood/Urinating in Public
Patil
.07/.09
Blood/Breath/Weaving
Peck
.11
Breath/Straddling, Fluctuating speeds
Peter
.16
Forced Blood/95 mph + Refusal
Philip
.11
Breath
Porter
.06
Breath + Under 21
Porter
.24
Blood/Accident + Prior
Proctor
.08/.09
Breath/El Centro Bureau of Land Management + Prior
Purkey
.08/.07
Breath - Under 21/Checkpoint
Pyne
.08/.07
Breath/Weaving + Prior
Quintero
.08/.06
Breath/Speeding + Under 21
Ramirez
.10
Breath/Stopped by MP at Gate
Reilly
.14/.13
Breath/BUI - Negligent
Reinicke
.11
Blood/Wrong side, nearly hit cop
Rinard
.08/.07
Breath
Roberts
.20
Blood
Robeiro
.09
Breath + Accident
Rothblatt
.11
Blood/Accident
Rudden
.19
Blood/Speeding
Sadiarin
.15
Blood/Passing thru Cal Trans
Scales
.18
Breath + Accident
Scanlon
.14
Breath/Friends throwing cans
Schaefer
.04/.03
Breath/Speeding + Under 21
Schmidt
.16
Breath/Red Light/Speed+ Prior
Schulte
Drug
Blood/Accident
Schwartz
.12
Blood/Weaving
Segovia
Refusal
Accident
Serrano
.11
Breath/Officer Miller
Servis
.05/.06
Breath/U.S. Border Stop
Shoemaker
09/.10
Breath
S Shirey
.08
Blood/Speeding
Shook
.09/.10
Breath/Driving without headlights
Shubert
.08/.06
Breath
Snyder
.05
Blood/Drugs
Sorooshian
.13/.14
Breath/Stopped to use cell phone
Spindler
.06/.08
Blood/Breath
Sticka
.16
Breath/Tailgating
Sukhinin
.09
Blood/Unauthorized BL. Drawer
Tangeman
.11
Blood
Taylor
.16
Breath/No front license plate
Tchernycheva
skills
Rear-end accident
Thomas
.16
Blood/Unauthorized BL. Drawer
Thompson
.08/.06
Breath
Thurm
.11
Breath/Weaving + Speeding
Vanbibber
.09
Breath/Disregard signal
Vera Cruz
.17
Blood/Weaving side to side
Virk
.09/.06
Breath/Ran out of gas
Wait
.021
Breath/Under 21-no headlights
Watts
skills
Improper turning
Weaver
.09/.07
Breath
Weber
.18
Blood/Accident
Whitcomb
.26/.27
Breath/Accident + Prior
White
.09
Blood/Accident
Whiteman
.08
Blood + Accident
Williams
.22
Blood/Tinted Windows
Wilson
.19
Blood/Drifting + Child in car
Yeargin
.09
Breath
Yen
.15/.16
Breath/Weaving
Zuckerman
.08
Breath/Accident
Victories listed were dependent on the facts of the particular cases. The results may obviously differ if based on different facts.
San Diego victories do not in themselves constitute or guarantee a prediction in your DMV or DUI outcome.
Of course, your likelihood of prevailing increases significantly if you retain a San Diego California DUI Lawyer Specialist.
Tuesday, September 15, 2009
NewsWire Twit! San Diego DUI criminal defense attorneys hear the 78 will be targeted for drunks
NewsWire Twit! San Diego DUI criminal defense attorneys learned today that California Highway Patrol’s state Office of Traffic Safety grant to make more San Diego DUI arrests on State Route 76. The San Diego County Sheriff’s Department found shared funding for this San Diego DUI idea as well.
Here's the deal: target and apprehend San Diego DUI - drunk drivers along a 38-mile segment of the 76. This goes August 1, 2009, through July 31, 2010, and the CHP will reimburse the Sheriff’s Department $25,000 for its involvement. It's 38-mile segment beginning in Oceanside to East Grade Road.
They always find money for San Diego DUI efforts. CHP reserved $35,000 of its grant to form community outreach partnerships and law enforcement support from the Sheriff’s Department and from the Oceanside Police Department.
If you need immediate help, visit a free online evaluation for your San Diego DUI and a Superb Drunk Driving Defense lawyer will get right back to you.
Here's the deal: target and apprehend San Diego DUI - drunk drivers along a 38-mile segment of the 76. This goes August 1, 2009, through July 31, 2010, and the CHP will reimburse the Sheriff’s Department $25,000 for its involvement. It's 38-mile segment beginning in Oceanside to East Grade Road.
They always find money for San Diego DUI efforts. CHP reserved $35,000 of its grant to form community outreach partnerships and law enforcement support from the Sheriff’s Department and from the Oceanside Police Department.
If you need immediate help, visit a free online evaluation for your San Diego DUI and a Superb Drunk Driving Defense lawyer will get right back to you.
Monday, September 14, 2009
San Diego DUI Checkpoint results for Escondido this weekend
San Diego California DUI criminal defense attorneys wonder about these illegal San Diego DUI checkpoints.
September 11, 2009 celebrated the Escondido Police Department's San Diego DUI Checkpoint at the intersection of El Norte Parkway at Washington Avenue from 6:00 PM until 1:00 AM. The emphasis of this San Diego DUI checkpoint was to detect intoxicated and unlicensed drivers as well as to provide a highly visible operation to deter driving under the influence.
The following activity resulted from this San Diego DUI checkpoint:
- 1,537 vehicles entered the checkpoint eastbound on El Norte Parkway
- 1,294 vehicles were screened in primary
- 85 vehicles sent to secondary (drivers who could not produce a drivers license or who were suspected of San Diego DUI )
- 7 drivers were arrested for driving under the influence of alcohol or drugs
- 1 misdemeanor arrest was made (non San Diego DUI )
- 1 felony warrant arrest was made (non San Diego DUI )
- 11 San Diego DUI field sobriety tests were administered
- 62 vehicles were impounded at this San Diego DUI checkpoint, 13 drivers did not have auto insurance, 12 drivers had a suspended drivers license and 42 drivers did not have a drivers license
- 58 citations were issued at this San Diego DUI checkpoint
If this San Diego DUI checkpoint or any other San Diego DUI roadblock affects, consider help right here.
September 11, 2009 celebrated the Escondido Police Department's San Diego DUI Checkpoint at the intersection of El Norte Parkway at Washington Avenue from 6:00 PM until 1:00 AM. The emphasis of this San Diego DUI checkpoint was to detect intoxicated and unlicensed drivers as well as to provide a highly visible operation to deter driving under the influence.
The following activity resulted from this San Diego DUI checkpoint:
- 1,537 vehicles entered the checkpoint eastbound on El Norte Parkway
- 1,294 vehicles were screened in primary
- 85 vehicles sent to secondary (drivers who could not produce a drivers license or who were suspected of San Diego DUI )
- 7 drivers were arrested for driving under the influence of alcohol or drugs
- 1 misdemeanor arrest was made (non San Diego DUI )
- 1 felony warrant arrest was made (non San Diego DUI )
- 11 San Diego DUI field sobriety tests were administered
- 62 vehicles were impounded at this San Diego DUI checkpoint, 13 drivers did not have auto insurance, 12 drivers had a suspended drivers license and 42 drivers did not have a drivers license
- 58 citations were issued at this San Diego DUI checkpoint
If this San Diego DUI checkpoint or any other San Diego DUI roadblock affects, consider help right here.
Sunday, September 13, 2009
San Diego DUI featured on Twitter.com
SanDiegoDUI SDDDA.net Blog California DMV has proof problems under the statutes - elements of the probation vi.. http://bit.ly/16nRQE
about 18 hours ago from twitterfeed
SDDUIL Blog August 1, 2009 was a key DUI defense date as this San Diego lawyer pumped up other attorn.. http://bit.ly/174q2J
about 18 hours ago from twitterfeed
SDDDA.net Blog Attorneys who specialize in DUI criminal defense believe the police incentives and .. http://bit.ly/1ndK5v
6:57 PM Sep 11th from twitterfeed
SDDUIL Blog Urgent Newswire Post! San Diego DUI checkpoint in Encinitas tonight, friday, September 11.. http://bit.ly/4knhO0
6:57 PM Sep 11th from twitterfeed
SDDUIL Blog Twitting Attorneys advise on best DUI defense options for folks in San Diego with drunk d.. http://bit.ly/pk9pO
6:57 PM Sep 11th from twitterfeed
SDDDA.net Blog Click here to see California DUI Lawyers Association Specialist Rick Mueller in act.. http://bit.ly/X8trW
7:10 PM Sep 10th from twitterfeed
SDDUIL Blog Comprehensive San Diego California DUI Attorney Twits, Sites & Blogs to save your Califor.. http://bit.ly/msMKg
7:10 PM Sep 10th from twitterfeed
SDDDA.net Blog Partial Lack of Significance of Miranda Rights in DUI cases in California: Californ.. http://bit.ly/hV0dg
1:29 PM Sep 9th from twitterfeed
SDDUIL Blog San Diego DUI Lawyer information was twitted & blogged over the weekend by San Diego Coun.. http://bit.ly/4Rjx9
1:29 PM Sep 9th from twitterfeed
SDDDA.net Blog Initial Costs of a DUI - is it worth it?: Look at what initial bail & towing damage.. http://bit.ly/LpRQx
1:40 PM Sep 8th from twitterfeed
SDDUIL Blog Don't be fooled at a San Diego DMV Hearing after a DUI arrest, as experienced criminal de.. http://bit.ly/2jwo1H
1:40 PM Sep 8th from twitterfeed
SDDDA.net Blog San Diego Charger Superstar Shawne Merriman,"Lights Out" is a Hero, stops a potenti.. http://bit.ly/3CwWox
1:25 PM Sep 7th from twitterfeed
SDDUIL Blog San Diego DUI Criminal Defense Attorney's top 10 DMV Things to know: San Diego DUI Crimin.. http://bit.ly/10lOqj
1:25 PM Sep 7th from twitterfeed
SDDDA.net Blog California DUI attorney challenges drunk driving law enforcement, helping you avoid.. http://bit.ly/eDak2
1:06 PM Sep 6th from twitterfeed
SDDDA.net Blog On August 1 2009, Rick lectured at the Annual DUI Seminar in connection with the Am.. http://bit.ly/3dNMb0
1:06 PM Sep 6th from twitterfeed
SDDUIL Blog San Diego DUI Attorney challenges ban against alcohol at beach, loophole found & made fun.. http://bit.ly/Sm6Ig
1:06 PM Sep 6th from twitterfeed
SDDUIL Blog San Diego DUI criminal defense attorneys have been warning folks all weekend: DUI checkpo.. http://bit.ly/mGPja
1:06 PM Sep 6th from twitterfeed
SDDDA.net Blog California DUI criminal defense attorneys can prove that people often drive after d.. http://bit.ly/I1WkE
6:55 PM Sep 5th from twitterfeed
SDDUIL Blog Google notices the twitting and blogging of Superb - rated San Diego DUI lawyer: Google n.. http://bit.ly/cVzrp
1:01 PM Sep 5th from twitterfeed
SDDDA.net Blog Urgent! California DUI criminal attorneys warn of checkpoints throughout the state .. http://bit.ly/2VgL66
6:58 PM Sep 4th from twitterfeed
about 18 hours ago from twitterfeed
SDDUIL Blog August 1, 2009 was a key DUI defense date as this San Diego lawyer pumped up other attorn.. http://bit.ly/174q2J
about 18 hours ago from twitterfeed
SDDDA.net Blog Attorneys who specialize in DUI criminal defense believe the police incentives and .. http://bit.ly/1ndK5v
6:57 PM Sep 11th from twitterfeed
SDDUIL Blog Urgent Newswire Post! San Diego DUI checkpoint in Encinitas tonight, friday, September 11.. http://bit.ly/4knhO0
6:57 PM Sep 11th from twitterfeed
SDDUIL Blog Twitting Attorneys advise on best DUI defense options for folks in San Diego with drunk d.. http://bit.ly/pk9pO
6:57 PM Sep 11th from twitterfeed
SDDDA.net Blog Click here to see California DUI Lawyers Association Specialist Rick Mueller in act.. http://bit.ly/X8trW
7:10 PM Sep 10th from twitterfeed
SDDUIL Blog Comprehensive San Diego California DUI Attorney Twits, Sites & Blogs to save your Califor.. http://bit.ly/msMKg
7:10 PM Sep 10th from twitterfeed
SDDDA.net Blog Partial Lack of Significance of Miranda Rights in DUI cases in California: Californ.. http://bit.ly/hV0dg
1:29 PM Sep 9th from twitterfeed
SDDUIL Blog San Diego DUI Lawyer information was twitted & blogged over the weekend by San Diego Coun.. http://bit.ly/4Rjx9
1:29 PM Sep 9th from twitterfeed
SDDDA.net Blog Initial Costs of a DUI - is it worth it?: Look at what initial bail & towing damage.. http://bit.ly/LpRQx
1:40 PM Sep 8th from twitterfeed
SDDUIL Blog Don't be fooled at a San Diego DMV Hearing after a DUI arrest, as experienced criminal de.. http://bit.ly/2jwo1H
1:40 PM Sep 8th from twitterfeed
SDDDA.net Blog San Diego Charger Superstar Shawne Merriman,"Lights Out" is a Hero, stops a potenti.. http://bit.ly/3CwWox
1:25 PM Sep 7th from twitterfeed
SDDUIL Blog San Diego DUI Criminal Defense Attorney's top 10 DMV Things to know: San Diego DUI Crimin.. http://bit.ly/10lOqj
1:25 PM Sep 7th from twitterfeed
SDDDA.net Blog California DUI attorney challenges drunk driving law enforcement, helping you avoid.. http://bit.ly/eDak2
1:06 PM Sep 6th from twitterfeed
SDDDA.net Blog On August 1 2009, Rick lectured at the Annual DUI Seminar in connection with the Am.. http://bit.ly/3dNMb0
1:06 PM Sep 6th from twitterfeed
SDDUIL Blog San Diego DUI Attorney challenges ban against alcohol at beach, loophole found & made fun.. http://bit.ly/Sm6Ig
1:06 PM Sep 6th from twitterfeed
SDDUIL Blog San Diego DUI criminal defense attorneys have been warning folks all weekend: DUI checkpo.. http://bit.ly/mGPja
1:06 PM Sep 6th from twitterfeed
SDDDA.net Blog California DUI criminal defense attorneys can prove that people often drive after d.. http://bit.ly/I1WkE
6:55 PM Sep 5th from twitterfeed
SDDUIL Blog Google notices the twitting and blogging of Superb - rated San Diego DUI lawyer: Google n.. http://bit.ly/cVzrp
1:01 PM Sep 5th from twitterfeed
SDDDA.net Blog Urgent! California DUI criminal attorneys warn of checkpoints throughout the state .. http://bit.ly/2VgL66
6:58 PM Sep 4th from twitterfeed
Saturday, September 12, 2009
San Diego DUI Police, Drunk Driving Court & Attorney Prosecutors List
San Diego DUI criminal defense lawyer Rick Mueller at San Diego County DUI Law Center lists the different San Diego court, police departments and official offices. A drunk driving attorney may have to point someone in one or more of these San Diego directions:
San Diego Police Department
•The Northern Division (4275 Eastgate Mall)
Serves the neighborhoods of Bay Ho, Bay Park, Carmel Valley, Clairemont Mesa East, Clairemont Mesa West, Del Mar Heights, La Jolla, La Jolla Village, Mission Bay Park, Mission Beach, North City, North Clairemont, Pacific Beach, Torrey Pines and University City.
•The Northeastern Division (13396 Salmon River Road)
Serves the neighborhoods of Black Mountain Ranch, Carmel Mountain, Miramar, Miramar Ranch North, Mira Mesa, Rancho Bernardo, Rancho Encantada, Rancho Penasquitos, Sabre Springs, Scripps Ranch, Sorrento Valley, and Torrey Highlands.
•The Eastern Division (9225 Aero Drive)
Serves the neighborhoods of Allied Gardens, Birdland, Del Cerro, Grantville, Kearny Mesa, Lake Murray, Mission Valley East, San Carlos, Serra Mesa and Tierrasanta.
•The Southeastern Division (7222 Skyline Drive)
Serves the neighborhoods of Alta Vista, Bay Terrace, Chollas View, Emerald City, Encanto, Jamacha-Lomita, Lincoln Park, Mountain View, Mount Hope, Paradise Hills, Shelltown, Skyline, Southcrest and Valencia.
•The Central Division (2501 Imperial Avenue)
Serves the neighborhoods of Balboa Park, Barrio Logan, Core-Columbia, Cortez, East Village, Gaslamp, Golden Hill, Grant Hill, Harborview, Horton Plaza, Little Italy, Logan Heights, Marina, Memorial, Park West, Sherman Heights, South Park and Stockton.
•The Western Division (5215 Gaines Street)
Serves the neighborhoods of Hillcrest, La Playa, Linda Vista, Loma Portal, Midtown, Midway District, Mission Hills, Mission Valley West, Morena, North Park, Ocean Beach, Old Town, Point Loma Heights, Roseville-Fleetridge, Sunset Cliffs, University Heights and Wooded Area.
•The Southern Division (1120 27th Street)
Serves the neighborhoods of Border, Egger Highlands, Nestor, Ocean Crest, Otay Mesa, Otay Mesa West, Palm City and San Ysidro.
•The Midcity Division (4310 Landis Street)
Serves the neighborhoods of Azalea/Hollywood Park, Castle, Cherokee Point, Chollas Creek, Colina del Sol, College Area East, College Area West, Corridor, Darnall, El Cerrito, Fairmont Village, Fox Canyon, Gateway, Islenair, Kensington, Normal Heights, Oak Park, Rolando, Swan Canyon, Talmadge, Teralta East, Teralta West, and Webster.
San Diego County Sheriff
The Office of the Sheriff for the County of San Diego has existed since 1850. The Sheriff holds an elective office, which is subject to the vote of the citizens of the county. The Sheriff's is elected to a four year term and he or she may serve additional terms if re-elected by the citizens.
San Diego Harbor Police Department
The San Diego Harbor Police Department is the premier police presence in San Diego Bay, the San Diego International Airport (also known as Lindbergh Field), and on all Tidelands around the bay. Our jurisdiction extends through the five member cities of the Port District, which include San Diego, Chula Vista, Coronado, Imperial Beach, and National City.
Carlsbad Police Department
With a commitment to professional excellence, the members of the Carlsbad Police Department provide quality service to the community to ensure the preservation of life and property and the maintenance of law and order.
Chula Vista Police Department
Providing a proactive and professional level of police service ensuring safety through commitment, integrity, and trust.
Coronado Police Department
The Mission of the Coronado Police Department is to protect and enhance the quality of life for all who live, work or visit our community by delivering the highest quality of public safety services.
Escondido Police Department
Committed to being responsive to community needs, promoting mutual trust, and delivering a quality of service that meets or exceeds the standards and expectations of the people we serve.
La Mesa Police Department
To best serve the needs of their citizens, the La Mesa Police Department operates several public education programs and provides numerous services to their community.
San Diego County District Attorney
The Employees of the San Diego District Attorney, in partnership with the Community they serve, are dedicated to the pursuit of truth, justice and protection of the innocent, and the prevention of crime through the vigorous and professional prosecution of those who violate the law.
San Diego State University Police Department
The department's professionally trained, service-oriented staff fulfill life and property safety needs for a campus population of over 35,000.
Superior Court of San Diego County
The official website for the San Diego County Superior Court.
San Diego Central Court
The first permanent courthouse was built in San Diego in 1870. Over the years, the courthouse has been reconstructed and expanded. The 1889 building was finally torn down in 1959 to make way for the present courthouse, completed in 1961. The Main Courthouse is occupied by the Superior Court's Criminal Courts, Family Support, and the Sheriff's Office.
East County Regional Center
The East County Regional Center is a facility occupied by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors. The East County Regional Center hears Civil, Criminal, Family and Juvenile Dependency cases. The court is supported by calendar, jury services, arbitration, exhibit, and business office sections.
North County Regional Center
The North County Regional Center is a facility shared by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors. The North County Superior Court is a full service branch court. Currently the Court hears Criminal, Civil, Family Law, Probate, Small Claims, Appeal, Adoption, Traffic and Minor Offense cases. This branch court has a venue encompassing most of Northern San Diego County.
South County Regional Center
The South County Regional Center is a facility occupied by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors.This branch hears Criminal, Civil, Family Law, and Juvenile Dependency cases.
San Diego Central Jail
The San Diego Central Jail is the central receiving point for adult males arrested in the greater San Diego metropolitan area. Male adults arrested in the north county area would generally be taken to the Vista Detention Facility in Vista. Adult female arrestees are generally taken to the Las Colinas Detention Facility in Santee.
San Diego Public Defender
Note: A public defender cannot represent anyone at California DMV license suspension hearings.
San Diego City Attorney
The City Attorney is elected by the people. This is a guarantee that the legal head of the government will be able to protect interests of all San Diego and not merely be an attorney appointed to carry out wishes of council or manager.
Your San Diego DMV attorney has ONLY 10 CALENDAR DAYS after the DUI arrest to timely contact San Diego's DMV Licensing Operations Division for a DMV hearing to avoid suspension of driving privileges.
Complete the Free San Diego California DUI / Drunk Driving Defense Evaluation to find out your best strategy and to protect your driving privilege in California. Or call Rick now on his cell phone at (619) 218-2997.
San Diego Police Department
•The Northern Division (4275 Eastgate Mall)
Serves the neighborhoods of Bay Ho, Bay Park, Carmel Valley, Clairemont Mesa East, Clairemont Mesa West, Del Mar Heights, La Jolla, La Jolla Village, Mission Bay Park, Mission Beach, North City, North Clairemont, Pacific Beach, Torrey Pines and University City.
•The Northeastern Division (13396 Salmon River Road)
Serves the neighborhoods of Black Mountain Ranch, Carmel Mountain, Miramar, Miramar Ranch North, Mira Mesa, Rancho Bernardo, Rancho Encantada, Rancho Penasquitos, Sabre Springs, Scripps Ranch, Sorrento Valley, and Torrey Highlands.
•The Eastern Division (9225 Aero Drive)
Serves the neighborhoods of Allied Gardens, Birdland, Del Cerro, Grantville, Kearny Mesa, Lake Murray, Mission Valley East, San Carlos, Serra Mesa and Tierrasanta.
•The Southeastern Division (7222 Skyline Drive)
Serves the neighborhoods of Alta Vista, Bay Terrace, Chollas View, Emerald City, Encanto, Jamacha-Lomita, Lincoln Park, Mountain View, Mount Hope, Paradise Hills, Shelltown, Skyline, Southcrest and Valencia.
•The Central Division (2501 Imperial Avenue)
Serves the neighborhoods of Balboa Park, Barrio Logan, Core-Columbia, Cortez, East Village, Gaslamp, Golden Hill, Grant Hill, Harborview, Horton Plaza, Little Italy, Logan Heights, Marina, Memorial, Park West, Sherman Heights, South Park and Stockton.
•The Western Division (5215 Gaines Street)
Serves the neighborhoods of Hillcrest, La Playa, Linda Vista, Loma Portal, Midtown, Midway District, Mission Hills, Mission Valley West, Morena, North Park, Ocean Beach, Old Town, Point Loma Heights, Roseville-Fleetridge, Sunset Cliffs, University Heights and Wooded Area.
•The Southern Division (1120 27th Street)
Serves the neighborhoods of Border, Egger Highlands, Nestor, Ocean Crest, Otay Mesa, Otay Mesa West, Palm City and San Ysidro.
•The Midcity Division (4310 Landis Street)
Serves the neighborhoods of Azalea/Hollywood Park, Castle, Cherokee Point, Chollas Creek, Colina del Sol, College Area East, College Area West, Corridor, Darnall, El Cerrito, Fairmont Village, Fox Canyon, Gateway, Islenair, Kensington, Normal Heights, Oak Park, Rolando, Swan Canyon, Talmadge, Teralta East, Teralta West, and Webster.
San Diego County Sheriff
The Office of the Sheriff for the County of San Diego has existed since 1850. The Sheriff holds an elective office, which is subject to the vote of the citizens of the county. The Sheriff's is elected to a four year term and he or she may serve additional terms if re-elected by the citizens.
San Diego Harbor Police Department
The San Diego Harbor Police Department is the premier police presence in San Diego Bay, the San Diego International Airport (also known as Lindbergh Field), and on all Tidelands around the bay. Our jurisdiction extends through the five member cities of the Port District, which include San Diego, Chula Vista, Coronado, Imperial Beach, and National City.
Carlsbad Police Department
With a commitment to professional excellence, the members of the Carlsbad Police Department provide quality service to the community to ensure the preservation of life and property and the maintenance of law and order.
Chula Vista Police Department
Providing a proactive and professional level of police service ensuring safety through commitment, integrity, and trust.
Coronado Police Department
The Mission of the Coronado Police Department is to protect and enhance the quality of life for all who live, work or visit our community by delivering the highest quality of public safety services.
Escondido Police Department
Committed to being responsive to community needs, promoting mutual trust, and delivering a quality of service that meets or exceeds the standards and expectations of the people we serve.
La Mesa Police Department
To best serve the needs of their citizens, the La Mesa Police Department operates several public education programs and provides numerous services to their community.
San Diego County District Attorney
The Employees of the San Diego District Attorney, in partnership with the Community they serve, are dedicated to the pursuit of truth, justice and protection of the innocent, and the prevention of crime through the vigorous and professional prosecution of those who violate the law.
San Diego State University Police Department
The department's professionally trained, service-oriented staff fulfill life and property safety needs for a campus population of over 35,000.
Superior Court of San Diego County
The official website for the San Diego County Superior Court.
San Diego Central Court
The first permanent courthouse was built in San Diego in 1870. Over the years, the courthouse has been reconstructed and expanded. The 1889 building was finally torn down in 1959 to make way for the present courthouse, completed in 1961. The Main Courthouse is occupied by the Superior Court's Criminal Courts, Family Support, and the Sheriff's Office.
East County Regional Center
The East County Regional Center is a facility occupied by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors. The East County Regional Center hears Civil, Criminal, Family and Juvenile Dependency cases. The court is supported by calendar, jury services, arbitration, exhibit, and business office sections.
North County Regional Center
The North County Regional Center is a facility shared by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors. The North County Superior Court is a full service branch court. Currently the Court hears Criminal, Civil, Family Law, Probate, Small Claims, Appeal, Adoption, Traffic and Minor Offense cases. This branch court has a venue encompassing most of Northern San Diego County.
South County Regional Center
The South County Regional Center is a facility occupied by the Superior Court, Sheriff, Probation, District Attorney, Revenue and Recovery, and the Board of Supervisors.This branch hears Criminal, Civil, Family Law, and Juvenile Dependency cases.
San Diego Central Jail
The San Diego Central Jail is the central receiving point for adult males arrested in the greater San Diego metropolitan area. Male adults arrested in the north county area would generally be taken to the Vista Detention Facility in Vista. Adult female arrestees are generally taken to the Las Colinas Detention Facility in Santee.
San Diego Public Defender
Note: A public defender cannot represent anyone at California DMV license suspension hearings.
San Diego City Attorney
The City Attorney is elected by the people. This is a guarantee that the legal head of the government will be able to protect interests of all San Diego and not merely be an attorney appointed to carry out wishes of council or manager.
Your San Diego DMV attorney has ONLY 10 CALENDAR DAYS after the DUI arrest to timely contact San Diego's DMV Licensing Operations Division for a DMV hearing to avoid suspension of driving privileges.
Complete the Free San Diego California DUI / Drunk Driving Defense Evaluation to find out your best strategy and to protect your driving privilege in California. Or call Rick now on his cell phone at (619) 218-2997.
Friday, September 11, 2009
Hero Shawne Merriman Saves the Public and Tequila from a San Diego DUI!! His name is cleared!!!
San Diego DUI criminal defense lawyers at San Diego County DUI Law Center are asked daily about our "Hero" Shawne Merriman. As you know, he wisely stopped Ms. Tequila from driving on our fine roads. Tequila apparently had alcohol in her such that those in know maintained she was "impaired" or intoxicated and should not be driving.
Well, here's what happened today according to San Diego California drunk driving attorneys:
San Diego's DA will not bring any charges against San Diego Chargers Superstar linebacker Shawne Merriman in the alleged domestic dispute with MTV star Tila Tequila. He is a hero after all, as twitted & blogged earlier in the week.
Upon review of the investigation into the Poway home incident involving our Hero Shawne Merriman, the District Attorney determined there is insufficient evidence to prove beyond a reasonable doubt that any crime was committed. Duh. Case closed.
Tequila 911'd the cops from Merriman's crib around 3:45 a.m. Sunday and claimed that "Lights Out" choked her, restrained her and threw her to the ground. Merriman wisely stopped her from driving drunk. He may have saved her a San Diego DUI charge as well.
Sheriff's deputies saw no signs of any Tequila injury or a struggle. Yet Tequila filed a citizen's complaint against our Hero that led to his being arrested and unfortunately jailed for like two and a half hours.
Well, here's what happened today according to San Diego California drunk driving attorneys:
San Diego's DA will not bring any charges against San Diego Chargers Superstar linebacker Shawne Merriman in the alleged domestic dispute with MTV star Tila Tequila. He is a hero after all, as twitted & blogged earlier in the week.
Upon review of the investigation into the Poway home incident involving our Hero Shawne Merriman, the District Attorney determined there is insufficient evidence to prove beyond a reasonable doubt that any crime was committed. Duh. Case closed.
Tequila 911'd the cops from Merriman's crib around 3:45 a.m. Sunday and claimed that "Lights Out" choked her, restrained her and threw her to the ground. Merriman wisely stopped her from driving drunk. He may have saved her a San Diego DUI charge as well.
Sheriff's deputies saw no signs of any Tequila injury or a struggle. Yet Tequila filed a citizen's complaint against our Hero that led to his being arrested and unfortunately jailed for like two and a half hours.
Thursday, September 10, 2009
DUI attorneys in San Diego California want people who access Twitter & Facebook can see video of California DUI checkpoint in San Diego
DUI attorneys in San Diego California want people who have access to Twitter & Facebook to see this San Diego DUI / Checkpoint in action. Maybe this video can help you avoid being arrested for drunk driving charge in San Diego and therefore avoid having to retain a quality San Diego DUI criminal defense lawyer.
In the video, you can see the CHP and other San Diego DUI cops catch the drivers. They all go through the primary San Diego DUI inspection area. Some drivers go on to San Diego DUI checkpoint's secondary area where they are often given DUI tests, some of which are optional. If arrested you must give a San Diego DUI blood or breath test, either of which have defenses.
The Supreme Court has made it clear the cops must play by the rules. But avoid being trapped in a San Diego DUI checkpoint if you can. That's the best advice by San Diego drunk driving criminal defense attorneys.
In the video, you can see the CHP and other San Diego DUI cops catch the drivers. They all go through the primary San Diego DUI inspection area. Some drivers go on to San Diego DUI checkpoint's secondary area where they are often given DUI tests, some of which are optional. If arrested you must give a San Diego DUI blood or breath test, either of which have defenses.
The Supreme Court has made it clear the cops must play by the rules. But avoid being trapped in a San Diego DUI checkpoint if you can. That's the best advice by San Diego drunk driving criminal defense attorneys.
Wednesday, September 09, 2009
Wednesday night at the DUI checkpoint in Orange County California...jeez what a waste of taxpayer money
San Diego DUI criminal defense lawyers are often asked why would police waste valuable money and resources on a WEDNESDAY night DUI Checkpoint in Orange County?
Answer: Clueless. Nobody knows.
There have been midweek checkpoints at this California town and no DUI arrests made. But apparently they don't care.
One thing all DUI police must do - San Diego or anywhere in California - is follow the Supreme Court's rules regarding lawful checkpoints.
Orange County drunk driving police will conduct a DUI checkpoint tonight at Harbor Boulevard and Fair Drive. From 6 p.m. to midnight, California dui police will be stationed on northbound Harbor Boulevard at Fair Drive and stopping vehicles passing through the checkpoint and educating them about the dangers of drinking and driving.
If you need DUI defense help in San Diego California,look no further.
Answer: Clueless. Nobody knows.
There have been midweek checkpoints at this California town and no DUI arrests made. But apparently they don't care.
One thing all DUI police must do - San Diego or anywhere in California - is follow the Supreme Court's rules regarding lawful checkpoints.
Orange County drunk driving police will conduct a DUI checkpoint tonight at Harbor Boulevard and Fair Drive. From 6 p.m. to midnight, California dui police will be stationed on northbound Harbor Boulevard at Fair Drive and stopping vehicles passing through the checkpoint and educating them about the dangers of drinking and driving.
If you need DUI defense help in San Diego California,look no further.
Tuesday, September 08, 2009
San Diego California DUI penalties
San Diego attorneys present California DUI and DMV Penalties
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)
OFFENSE
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
WITH OR WITHOUT PROBATION
FIRST OFFENSE
within 10 years
Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal).
96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month license suspension.
May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
SECOND OFFENSE
within 10 years
Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.
90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
THIRD OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.
DMV Penalties for Driving Under the Influence of alcohol and/or drugs
OFFENSE
BOH/REFUSAL
SENTENCE
FIRST OFFENSE
.08 or greater
4-month suspension
" "
Refusal
1 year suspension
SECOND OFFENSE
within 10 years
.08 or greater
1 year suspension
" "
Refusal
2 year revocation
THIRD OFFENSE
within 10 years
.08 or greater
3 year revocation
" "
Refusal
3 year revocation
FOURTH OFFENSE
within 10 years
.08 or greater
4 year revocation
" "
Refusal
4 year revocation
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle:
...if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)
OFFENSE
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
WITH OR WITHOUT PROBATION
FIRST OFFENSE
within 10 years
Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal).
96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month license suspension.
May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
SECOND OFFENSE
within 10 years
Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.
90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
THIRD OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.
DMV Penalties for Driving Under the Influence of alcohol and/or drugs
OFFENSE
BOH/REFUSAL
SENTENCE
FIRST OFFENSE
.08 or greater
4-month suspension
" "
Refusal
1 year suspension
SECOND OFFENSE
within 10 years
.08 or greater
1 year suspension
" "
Refusal
2 year revocation
THIRD OFFENSE
within 10 years
.08 or greater
3 year revocation
" "
Refusal
3 year revocation
FOURTH OFFENSE
within 10 years
.08 or greater
4 year revocation
" "
Refusal
4 year revocation
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle:
...if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.
Monday, September 07, 2009
San Diego DUI Lawyer posts important drunk driving program information for San Diego County California
San Diego DUI criminal defense attorneys are often asked about alcohol education programs. Folks convicted of a San Diego DUI can be referred to, either by the San Diego California Department of Motor Vehicles (DMV), one of 4 San Diego DUI courts, or both.
Some San Diego drivers can be ordered to attend a San Diego DUI 12-hour alcohol program. This is the most basic level of education that is offered, and it is limited to people who are convicted of charges less than an actual San Diego DUI. Most commonly, the offense is a "wet reckless" charge with a .07 or less BAC, where alcohol played a role in reckless driving. In some cases, this class might satisfy San Diego DUI court orders, but not meet the requirements of the San Diego DMV.
The standard San Diego drunk driving course attended by San Diego DUI first offenders is either a three-month, 30-hour program or a nine-month, 60-hour program, depending on the blood-alcohol content level registered at the time of the offense.
Second-time San Diego DUI offenders are often sentenced to an 18-month program. This usually includes 52 hours of group counseling, 12 hours of alcohol and drug education, six hours of community reentry monitoring, and biweekly individual interviews during the first 12 months of the San Diego drunk driving program.
Sometimes, when necessary to get a Restricted License to drive, one may have to enroll in a San Diego DUI alcohol program by calling (858) 467-6810 [Central San Diego], (760) 891-1500 [North County], (619) 562-5850 [East County], or (619) 409-1780 [South County]. Here's a complete list.
San Diego's DUI Alcohol Programs
In San Diego county there are four (4) locations that provide DUI alcohol programs. These are the providers authorized by both the Court and DMV. So if you should be convicted of a San Diego DUI in court and assigned a program as part of your probation, or you if DMV sent you a decision suspending your license or driving privilege, you will be required to participate in one of the programs offered at these locations.
East County ACCORD
1136 Broadway, Suite 10
El Cajon, CA 92021
Phone: 619-562-5850;
Occupational Health Services, Inc.
1637 Capalina Road
San Marcos, CA 92069
Phone: 760-891-1500
Metropolitan Area Advisory Committee MAAC
1355 Third Avenue
Chula Vista, CA 91911
Phone: 619-409-1780
MAAC Project
The school program is typically divided into two parts. A six week educational part held two days a week (90 minutes each) for 12 weeks at the same time there is a more informal gathering of 10 to 12 individuals another two days per week (again 90 minutes each).
Central District
9245 Sky Park Court, Suite 101
San Diego CA 92123
Phone: 858-467-6810
San Diego State University DUI Program
Online DUI program for out-of-state people, under limited circumstances:
This is not approved by California DMV, only California Court if directed by Assessment Unit of Court. California DMV's program requirement is not satisfied.
If you are out of state, you may be able to do your program for Court online to one of three places: http://www.myduiclass.com , http://www.tomwilsoncounseling.com/onlineDUI.html , or http://www.duicourseonline.com/DUICourseOnline.aspx .
If your state of residence, or the state where the offense occured in is listed here, 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.
If you are ordered by the Court to do the program out of state, you must also request San Diego Court's Assessment Unit (when you later speak with them) that you be directed to do your program online.
Right Direction Services LLC
1415 Pate Plaza
PMB 452
South Beloit, IL 61080
Phone: (815) 389-9564
Fax: (773) 822-0793
Email: support@myduiclass.com
For help with your San Diego DUI, contact a professional San Diego DUI criminal defense lawyer at 1 800 THE-LAW-DUI.
Some San Diego drivers can be ordered to attend a San Diego DUI 12-hour alcohol program. This is the most basic level of education that is offered, and it is limited to people who are convicted of charges less than an actual San Diego DUI. Most commonly, the offense is a "wet reckless" charge with a .07 or less BAC, where alcohol played a role in reckless driving. In some cases, this class might satisfy San Diego DUI court orders, but not meet the requirements of the San Diego DMV.
The standard San Diego drunk driving course attended by San Diego DUI first offenders is either a three-month, 30-hour program or a nine-month, 60-hour program, depending on the blood-alcohol content level registered at the time of the offense.
Second-time San Diego DUI offenders are often sentenced to an 18-month program. This usually includes 52 hours of group counseling, 12 hours of alcohol and drug education, six hours of community reentry monitoring, and biweekly individual interviews during the first 12 months of the San Diego drunk driving program.
Sometimes, when necessary to get a Restricted License to drive, one may have to enroll in a San Diego DUI alcohol program by calling (858) 467-6810 [Central San Diego], (760) 891-1500 [North County], (619) 562-5850 [East County], or (619) 409-1780 [South County]. Here's a complete list.
San Diego's DUI Alcohol Programs
In San Diego county there are four (4) locations that provide DUI alcohol programs. These are the providers authorized by both the Court and DMV. So if you should be convicted of a San Diego DUI in court and assigned a program as part of your probation, or you if DMV sent you a decision suspending your license or driving privilege, you will be required to participate in one of the programs offered at these locations.
East County ACCORD
1136 Broadway, Suite 10
El Cajon, CA 92021
Phone: 619-562-5850;
Occupational Health Services, Inc.
1637 Capalina Road
San Marcos, CA 92069
Phone: 760-891-1500
Metropolitan Area Advisory Committee MAAC
1355 Third Avenue
Chula Vista, CA 91911
Phone: 619-409-1780
MAAC Project
The school program is typically divided into two parts. A six week educational part held two days a week (90 minutes each) for 12 weeks at the same time there is a more informal gathering of 10 to 12 individuals another two days per week (again 90 minutes each).
Central District
9245 Sky Park Court, Suite 101
San Diego CA 92123
Phone: 858-467-6810
San Diego State University DUI Program
Online DUI program for out-of-state people, under limited circumstances:
This is not approved by California DMV, only California Court if directed by Assessment Unit of Court. California DMV's program requirement is not satisfied.
If you are out of state, you may be able to do your program for Court online to one of three places: http://www.myduiclass.com , http://www.tomwilsoncounseling.com/onlineDUI.html , or http://www.duicourseonline.com/DUICourseOnline.aspx .
If your state of residence, or the state where the offense occured in is listed here, 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.
If you are ordered by the Court to do the program out of state, you must also request San Diego Court's Assessment Unit (when you later speak with them) that you be directed to do your program online.
Right Direction Services LLC
1415 Pate Plaza
PMB 452
South Beloit, IL 61080
Phone: (815) 389-9564
Fax: (773) 822-0793
Email: support@myduiclass.com
For help with your San Diego DUI, contact a professional San Diego DUI criminal defense lawyer at 1 800 THE-LAW-DUI.
Sunday, September 06, 2009
San Diego DUI Articles and Driving Under the Influence News
San Diego DUI Lawyer Articles and San Diego DUI Criminal Defense Attorney News
Please click above link and then the titles to view the article:
What You Must Do Within 10 Days of being arrested of a DUI in San Diego County...
License Ramifications of California DUI on Illinois Resident...
FAQ Article: New California DUI Reportability Laws & Insurance Ramifications...
Why San Diego California needs to require San Diego DUI police videos...
Are San Diego Breath Tests Reliable?...
Advances in San Diego DUI Breath Testing Technologies...
Significance of a Breath Temperature on a San Diego DUI breath test machine...
Is Odor of Alcohol Probable Cause to Arrest for a San Diego DUI?...
Retrograde Extrapolation - San Diego DUI guess of higher BAC at time of driving...
Have a Hangover? You may be prosecuted for "DUH" - Driving Under the Influence of a Hangover...
San Diego DUI Prosecution Expert's ASSUMED "BAC"...
What was that hand-held gadget I blew into? A PAS (Preliminary Alcohol Screening) Test ...
Stop unauthorized release of hospital blood test & medical treatment records...
San Diego DUI Lawyer - San Diego Attorney Drunk Driving can help you beat the San Diego drunk driving charge.
Please click above link and then the titles to view the article:
What You Must Do Within 10 Days of being arrested of a DUI in San Diego County...
License Ramifications of California DUI on Illinois Resident...
FAQ Article: New California DUI Reportability Laws & Insurance Ramifications...
Why San Diego California needs to require San Diego DUI police videos...
Are San Diego Breath Tests Reliable?...
Advances in San Diego DUI Breath Testing Technologies...
Significance of a Breath Temperature on a San Diego DUI breath test machine...
Is Odor of Alcohol Probable Cause to Arrest for a San Diego DUI?...
Retrograde Extrapolation - San Diego DUI guess of higher BAC at time of driving...
Have a Hangover? You may be prosecuted for "DUH" - Driving Under the Influence of a Hangover...
San Diego DUI Prosecution Expert's ASSUMED "BAC"...
What was that hand-held gadget I blew into? A PAS (Preliminary Alcohol Screening) Test ...
Stop unauthorized release of hospital blood test & medical treatment records...
San Diego DUI Lawyer - San Diego Attorney Drunk Driving can help you beat the San Diego drunk driving charge.
Saturday, September 05, 2009
Big Brother should have video cameras mounted on DUI police cars, attorneys hearing about London's 1000 video cameras say
San Diego DUI criminal defense attorneys wish the cops were made to use videos when drunk driving suspects are encountered. It's called the truth.
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.
A DUI cop did use the video camera in many of his DUI arrests and the video eventually lead to hard evidence of his tactics. Critically, for citizen protection from renegade law enforcement personnel, San Diego DUI/ drunk driving / DWI law enforcement vehicles should be equipped with DUI / Drunk Driving / DWI video cameras.
In the UK, only one crime was solved by each 1,000 "CCTV cameras" in London last year, a report about the city's surveillance network shows. The million-plus cameras in London rarely help catch real criminals. In a month CCTV helped capture just 8 out of 269 suspected robbers.
David Davis MP, contends it should provoke a long overdue rethink on where the crime prevention budget is being spent as CCTV leads to massive expense and minimum effectiveness. We are talking about an intrusion on privacy, with little or no improvement in security.
The English government has spent a large amount of money - £500m on CCTV cameras. Officers from 11 boroughs have formed a new unit which collects and labels footage centrally before distributing them across the force and media, leading to more than 1,000 identifications out of 5,260 images processed, to "help communities feel safer".
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.
A DUI cop did use the video camera in many of his DUI arrests and the video eventually lead to hard evidence of his tactics. Critically, for citizen protection from renegade law enforcement personnel, San Diego DUI/ drunk driving / DWI law enforcement vehicles should be equipped with DUI / Drunk Driving / DWI video cameras.
In the UK, only one crime was solved by each 1,000 "CCTV cameras" in London last year, a report about the city's surveillance network shows. The million-plus cameras in London rarely help catch real criminals. In a month CCTV helped capture just 8 out of 269 suspected robbers.
David Davis MP, contends it should provoke a long overdue rethink on where the crime prevention budget is being spent as CCTV leads to massive expense and minimum effectiveness. We are talking about an intrusion on privacy, with little or no improvement in security.
The English government has spent a large amount of money - £500m on CCTV cameras. Officers from 11 boroughs have formed a new unit which collects and labels footage centrally before distributing them across the force and media, leading to more than 1,000 identifications out of 5,260 images processed, to "help communities feel safer".
Friday, September 04, 2009
San Diego DUI Checkpoints are warned by criminal defense attorneys who offer tips on how to attack a drunk driving case & what legal guidelines are
San Diego DUI criminal defense attorneys are concerned that an excessive amount of drunk driving checkpoints are happening in the San Diego County California area resulting in San Diego DUI criminal defense lawyers needing to be retained.
A driver caught police on video in an illegal checkpoint the other night in San Diego County. The San Diego Sheriff and California Highway Patrol set up a Sobriety Checkpoint in Ramona California on September 4th
Oceanside Police Department will surprise folks with a San Diego DUI checkpoint tonight. More undisclosed drunk driving roadblocks will be seen because the Sheriff’s Department has scheduled San Diegod DUI checkpoints this Labor Day weekend in Del Mar and Solana Beach.
San Diego police seeking steep DUI penalties throughout San Diego County conduct a high-visibility DUI & drunk driivng enforcement strategy for the Labor Day weekend to prevent drunk driving and contain rowdy behavior.
San Diego police officers will put out a DUI saturation patrol to get people who get behind the wheel after imbibing alcohol. CHP can be counted on for a maximum DUI enforcement and all CHP cops will be on the lookout on our roadways. A San Diego DUI / drunk driving checkpoint will be conducted by the CHP somewhere along Highway 67 tonight. They must meet state guidelines to be enforceable. California DUI Defense Attorneys can determine whether a California DUI sobriety checkpoint was conducted lawfully
Although the Supreme Court’s Ingersoll decision legitimized California Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated. If California DUI law enforcement do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest at a California DMV license suspension hearing.
Hire a San Diego DUI lawyer if you need to.
A driver caught police on video in an illegal checkpoint the other night in San Diego County. The San Diego Sheriff and California Highway Patrol set up a Sobriety Checkpoint in Ramona California on September 4th
Oceanside Police Department will surprise folks with a San Diego DUI checkpoint tonight. More undisclosed drunk driving roadblocks will be seen because the Sheriff’s Department has scheduled San Diegod DUI checkpoints this Labor Day weekend in Del Mar and Solana Beach.
San Diego police seeking steep DUI penalties throughout San Diego County conduct a high-visibility DUI & drunk driivng enforcement strategy for the Labor Day weekend to prevent drunk driving and contain rowdy behavior.
San Diego police officers will put out a DUI saturation patrol to get people who get behind the wheel after imbibing alcohol. CHP can be counted on for a maximum DUI enforcement and all CHP cops will be on the lookout on our roadways. A San Diego DUI / drunk driving checkpoint will be conducted by the CHP somewhere along Highway 67 tonight. They must meet state guidelines to be enforceable. California DUI Defense Attorneys can determine whether a California DUI sobriety checkpoint was conducted lawfully
Although the Supreme Court’s Ingersoll decision legitimized California Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated. If California DUI law enforcement do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest at a California DMV license suspension hearing.
Hire a San Diego DUI lawyer if you need to.
Thursday, September 03, 2009
San Diego DUI checkpoint results in Chula Vista - not very effective say criminal defense attorneys!
San Diego DUI checkpoint in Chula Vista, California surprised motorists from 6PM to 2AM Monday on the Eastlake Parkway. According to San Diego drunk driving criminal defense lawyers, each San Diego Drunk Driving checkpoint must meet very strict guidelines.
If the San Diego county DUI police do not follow these constitutional requirements outlined in Ingersoll, San Diego DUI criminal defense attorneys will argue that the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.
The initial establishment and location of California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. California DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
California DUI roadblocks locations are regulated - Supervisory officer must choose a location that will be most effective in stopping DUI Drivers
Effective locations include roads which have a high incidence of alcohol-related accidents and California DUI arrests. The time and duration of California DUI sobriety checkpoints are of key importance. Police are expected to exercise good judgment in setting times and durations, with an eye to effectiveness of the operation, and with the safety of motorists in mind. As long as these considerations are in effect, there are no hard and fast rules as to the timing or duration of the California Drunk Driving roadblock. California sobriety checkpoints also must be established with high visibility so that drivers can easily see the nature of the roadblock. The features that promote high visibility include flashing warning lights, adequate lighting, police vehicles, and the presence of uniformed officers. Not only are such factors important for safety reasons, but advance warning will reassure motorists that the stop is duly authorized. Advance notice & escape routes are also required for San Diego DUI drunk driving checkpoints
Chula Vista is the second-largest city in San Diego. Drunk Driving checkpoints are typically placed in high-traffic areas around bars, restaurants and other attractions. They are not typically placed directly in city centers to reduce the hassle that would put on both traffic flow and local businesses. However, it is common for 200-500 cars to be stopped on an average San Diego DUI checkpoint.
California is one of nearly 40 states that allows DUI checkpoints. Other states, such as Texas, have determined they are violations of arrest procedures. In the Labor Day crackdown campaign, local law enforcement agencies are choosing whether to implement checkpoints or increase patrols on the road in order to step up San Diego DUI enforcement.
Although there were alot of tickets, the San Diego DUI checkpoint only ended in 1 arrest for drunk driving. Most DUI checkpoints initiated throughout the country have resulted in a high number of citations but a relatively low number of DUI arrests. San Diego DUI Police did not issue a statement regarding the total number of vehicles checked on Sunday night, but 1 San Diego DUI arrest is likely less than 2% of the total vehicles stopped. The San Diego DUI checkpoints are generally well-publicized, which can often lead to their lower success rate.
If the San Diego county DUI police do not follow these constitutional requirements outlined in Ingersoll, San Diego DUI criminal defense attorneys will argue that the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing.
The initial establishment and location of California DUI sobriety checkpoints must be decided by supervisory police officers, not officers in the field. This requirement is important to reduce the potential for arbitrary and random enforcement. drivers at California DUI checkpoints. California DUI police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis. California DUI police also must give primary consideration to maintaining safety for motorists and officers. In order to minimize the risk of danger to motorists and police, proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required. The California Drunk Driving checkpoint should only be operated when the traffic volume allows the operation to be conducted safely.
California DUI roadblocks locations are regulated - Supervisory officer must choose a location that will be most effective in stopping DUI Drivers
Effective locations include roads which have a high incidence of alcohol-related accidents and California DUI arrests. The time and duration of California DUI sobriety checkpoints are of key importance. Police are expected to exercise good judgment in setting times and durations, with an eye to effectiveness of the operation, and with the safety of motorists in mind. As long as these considerations are in effect, there are no hard and fast rules as to the timing or duration of the California Drunk Driving roadblock. California sobriety checkpoints also must be established with high visibility so that drivers can easily see the nature of the roadblock. The features that promote high visibility include flashing warning lights, adequate lighting, police vehicles, and the presence of uniformed officers. Not only are such factors important for safety reasons, but advance warning will reassure motorists that the stop is duly authorized. Advance notice & escape routes are also required for San Diego DUI drunk driving checkpoints
Chula Vista is the second-largest city in San Diego. Drunk Driving checkpoints are typically placed in high-traffic areas around bars, restaurants and other attractions. They are not typically placed directly in city centers to reduce the hassle that would put on both traffic flow and local businesses. However, it is common for 200-500 cars to be stopped on an average San Diego DUI checkpoint.
California is one of nearly 40 states that allows DUI checkpoints. Other states, such as Texas, have determined they are violations of arrest procedures. In the Labor Day crackdown campaign, local law enforcement agencies are choosing whether to implement checkpoints or increase patrols on the road in order to step up San Diego DUI enforcement.
Although there were alot of tickets, the San Diego DUI checkpoint only ended in 1 arrest for drunk driving. Most DUI checkpoints initiated throughout the country have resulted in a high number of citations but a relatively low number of DUI arrests. San Diego DUI Police did not issue a statement regarding the total number of vehicles checked on Sunday night, but 1 San Diego DUI arrest is likely less than 2% of the total vehicles stopped. The San Diego DUI checkpoints are generally well-publicized, which can often lead to their lower success rate.
Wednesday, September 02, 2009
Warrantless San Diego DUI arrest often raises questions for a San Diego drunk driving criminal defense lawyer
Common San Diego DUI criminal defense attorneys' questions include Miranda Rights & warrantless drunk driving arrests. Here's a brief discussion of a warrantless DUI arrest when driving is not necessarily observed by the San Diego drunk driving cop.
Application of PC §836 to drunk driving cases nearly always involves a question of whether or not the defendant's activities witnessed by the arresting officer (or other appropriate person) amounted to the act of driving as it is defined for these purposes.
As for what acts constitute driving, the California Supreme Court cleared up a lot of confusion with the decision in Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, holding that proof of “driving,� in the presence of the arresting officer, requires proof that the arresting officer witnessed volitional movement of the vehicle by the defendant. Thus, the Supreme Court held that if the vehicle isn’t observed moving, i.e., rolling, then it isn’t being driven. Sister state statutes generally prohibit “driving� or “operating� a motor vehicle while under the influence of alcohol, and some prohibit both (e.g., Florida). In order to operate a motor vehicle one does not have to actually move the car. California , however, has a “driving� only statute, and as Mercer points out, this requires actual movement of the vehicle.
C. Circumstantial Evidence of Driving—Arrest Illegal
Arrest Illegal: The continuing validity of several presence-by- circumstantial- evidence decisions is in doubt in light of the Supreme Court’s decision in Mercer, wherein the court said:
Because Penal Code section 836, subdivision 1, provides that a warrantless misdemeanor arrest is permissible only if a public offense occurs in the arresting officer’s “presence,� and because the officer in this case did not see Mercer’s vehicle move, we conclude Mercer was not “lawfully arrested� for a violation of section 23152(a) and thus cannot be subjected to the license revocation provisio ns of sections 23157 and 13353 as presently written.
In Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, the court said:
We emphasize at the outset the narrow scope of our inquiry and holding. We do not hold that observed movement of a vehicle is necessary to support a conviction for “drunk driving� under §23152. The lower courts have routinely upheld such convictions in the absence of evidence of observed movement of a vehicle. [Citation.] Nothing in this opinion calls in question the holdings of these cases.
Presumably, this situation (no presence at offense but charges filed anyway) might come about where no one was present for the offense and the respondent was arrested later on a warrant.
D. Cops and Private Citizens
Freeman v. DMV (1969) 70 C2d 235, 74 CR 259, also made it clear that a misdemeanor arrest is legal under PC. §836, so long as the offense occurred in the presence of someone, even a private citizen, and so long as that person either makes a citizen’s arrest, or tries to, or detains the offender until police arrive. The private citizen has to do more than just call the police and hang around to tell them what happened. The Freeman Court said, at page 238:
In People v. Sjosten, 262 CA2d 539, 68 CR 832 (Cal. App. 1st Dist. 1968), rev. den., a citizen observed the defendant prowling in the night time and called the police, who thereupon arrested the defendant. After holding that the citizen had the right to make an arrest under §837, subdivision 1, of the Penal Code, [footnote quoting language of section] the Court held that the arrest made by the officer was valid, stating at page 544:
As to the delegation of her authority to another person, §839 of the Penal Code provides: “Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.� This statute impliedly authorizes the delegation of the physical act of taking an offender into custody.
In People v. Harris, (1967) 256 CA2d 455, 63 CR 849, a citizen, who had observed the defendant commit a misdemeanor “hit-run� violation, pursued the defendant and detained him while another person went for the police. After the defendant was delivered to a police officer, the latter informed him that he was under arrest for the “hit-run� violation. In discussing the effect of the police officer’s assuming custody of the defendant after his detention by the citizen, the Court of Appeal stated: “An arrest is more than a transient momentary incident. It continues through a transfer of custody of the accused from a citizen to a peace officer.� (H arris, at p. 459-460.)
Similarly, the arrest made by CHP officer __________ in this case was a “transient momentary incident,� which, evidently, had its beginning in the action taken by the officer when he received some dispatch call regarding a certain driver. In other words, the initial detention and subsequent arrest by officer ___________ was based upon nothing other than some dispatch call to the officer.
Likewise, in People v. Walker , 203 CA2d 552, 21 CR 692, the arresting officer gave the defendant some sobriety tests and concluded he was under the influence of alcohol. The officer had not seen the defendant commit the alleged offense of drunk driving, and the arrest was therefore determined to be unlawful. Other persons at the scene told the officer that the defendant’s car had been weaving from one side of the road to the other before it collided with a parked car and came to a stop; but it does not appear that anyone had sought to make a citizen’s arrest or detain the offender until the police arrived or, as occurred in the present case, that another officer had witnessed the offender’s actions and “stopped� him. In direct response to the holding in Freeman, police frequently have the ci tizen request the arrest, and do so in writing.
In Padilla v. Meese (1986) 184 CA3d 1022, 229 CR 310, an implied consent hearing case, an agricultural inspection station attendant made a legal citizen’s arrest for drunk driving in his presence. The police officer merely took the defendant into custody for him.
In Johanson v. DMV (1995) 36 CA4th 1209, 43 CR2d 42, a citizen’s drunk driving arrest was found legal even though the citizen hadn’t explicitly stated that the arrest was for drunk driving. In People v. Campbell (1972) 27 CA3d 849, 104 CR 118, the Court said:
A private person may arrest another for “a public offense committed or attempted in his presence� (Pen. C. §837). The term “public offense� includes misdemeanors (Pen. C. §§15 and 17; Burks v. U.S. , 287 F.2d 117; People v. Sjosten , 262 Cal.App.2d 539, 543, 68 Cal.Rptr. 832) and the person making the arrest may summon others to aid him in the arrest (Pen. C. §839). Although there was evidence that Greenwood himself took defendant into custody, Greenwood also had the right to delegate “the physical act of taking an offender into custody� to the other persons summoned, Officer Johnson and Mr. Frazier (People v. Sjosten, supra, p. 544; People v. Wolfgang, (1923) 192 Cal. 754, 221 P. 907). Nor under the circumstances of immediate pursuit was Greenwood required to tell defendant that he was under arrest (Pen. C. §841; People v. Harris, 256 Cal.App.2d 455, 459, 63 Cal.Rptr. 849 (Cal. App. 1st Dist. 1967)). We conclude that defendant was legally arrested by Greenwood with the aid of Officers Johnson and Frazier.
E. Admission of Driving Doesn’t Create Presence
Although there is no admission here, the defendant’s admission of driving is no more relevant to whether or not the offense was committed in the presence of the arresting officer than was his alleged “subjective failure� of the field sobriety tests. Hence, the “driving in the presence� requirement cannot have been accomplished here as is specifically and statutorily required by PC §836. Conversely, however, is the fact that a respondent’s admission can establish the fact that an accident occurred, which constitutes a statutory exception to the presence requirement (See, Corrigan v. Zolin (1996) 47 CA4th 230, 54 CR2d 634 and VC §40300.5(a)).
F. No Vehicle Code Exception To Officer’s Presence Is Applicable
The only exceptions to the “presence8 0 requirement under PC §836 for a DUI arrest are found in VC §40300.5, of which none are applicable to the case at bar. VC §40300.5 states as follows:
40300.5. In addition to the authority to make an arrest without a
warrant pursuant to paragraph (1) of subdivision (a) of Section 836
of the Penal Code, a peace officer may, without a warrant, arrest a
person when the officer has reasonable cause to believe that the
person had been driving while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug when any of the following exists:
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to himself or herself or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless immediately arrested.
Thus, for example, where a peace officer (having probable cause) could arrest a person for misdemeanor driving under the influence of alcohol or drugs not committed in the officer's presence where evidence could be destroyed unless the person was immediately arrested, VC §40300.5(e) created an exception to the presence requirement of PC §836, because evidence could be destroyed by the simple passage of time unless the person was immediately arrest ed. However, this did not authorize a peace officer to forcibly enter a residence to effect such an arrest. [See, People v. Schofield (2001) 90 CA4th 968, 109 CR2d 429.]
Good questions by a San Diego DUI criminal defense lawyer:
1) Time/opportunity for client to have had a drink after driving? In other words, how long between alleged driving and officer's arrival? When was accident called in and by whom? How long was delay?
2) Was the engine still warm ie did officer check engine? If officer did not check engine, make the point that he failed to check engine.
3) Was there evidence of alcohol in car i.e. bottles? If officer did not check for bottles, make the point that he failed to check the car for such evidence (rolling your eyes at his ineptitude is optional)
did client admit to driving?
4) Where were keys? if in ignition, were keys there to turn on radio, heater etc. for music or to keep warm and not for driving?
If you need help by a San Diego DUI criminal defense attorney, visit a free Survey today.
Application of PC §836 to drunk driving cases nearly always involves a question of whether or not the defendant's activities witnessed by the arresting officer (or other appropriate person) amounted to the act of driving as it is defined for these purposes.
As for what acts constitute driving, the California Supreme Court cleared up a lot of confusion with the decision in Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, holding that proof of “driving,� in the presence of the arresting officer, requires proof that the arresting officer witnessed volitional movement of the vehicle by the defendant. Thus, the Supreme Court held that if the vehicle isn’t observed moving, i.e., rolling, then it isn’t being driven. Sister state statutes generally prohibit “driving� or “operating� a motor vehicle while under the influence of alcohol, and some prohibit both (e.g., Florida). In order to operate a motor vehicle one does not have to actually move the car. California , however, has a “driving� only statute, and as Mercer points out, this requires actual movement of the vehicle.
C. Circumstantial Evidence of Driving—Arrest Illegal
Arrest Illegal: The continuing validity of several presence-by- circumstantial- evidence decisions is in doubt in light of the Supreme Court’s decision in Mercer, wherein the court said:
Because Penal Code section 836, subdivision 1, provides that a warrantless misdemeanor arrest is permissible only if a public offense occurs in the arresting officer’s “presence,� and because the officer in this case did not see Mercer’s vehicle move, we conclude Mercer was not “lawfully arrested� for a violation of section 23152(a) and thus cannot be subjected to the license revocation provisio ns of sections 23157 and 13353 as presently written.
In Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, the court said:
We emphasize at the outset the narrow scope of our inquiry and holding. We do not hold that observed movement of a vehicle is necessary to support a conviction for “drunk driving� under §23152. The lower courts have routinely upheld such convictions in the absence of evidence of observed movement of a vehicle. [Citation.] Nothing in this opinion calls in question the holdings of these cases.
Presumably, this situation (no presence at offense but charges filed anyway) might come about where no one was present for the offense and the respondent was arrested later on a warrant.
D. Cops and Private Citizens
Freeman v. DMV (1969) 70 C2d 235, 74 CR 259, also made it clear that a misdemeanor arrest is legal under PC. §836, so long as the offense occurred in the presence of someone, even a private citizen, and so long as that person either makes a citizen’s arrest, or tries to, or detains the offender until police arrive. The private citizen has to do more than just call the police and hang around to tell them what happened. The Freeman Court said, at page 238:
In People v. Sjosten, 262 CA2d 539, 68 CR 832 (Cal. App. 1st Dist. 1968), rev. den., a citizen observed the defendant prowling in the night time and called the police, who thereupon arrested the defendant. After holding that the citizen had the right to make an arrest under §837, subdivision 1, of the Penal Code, [footnote quoting language of section] the Court held that the arrest made by the officer was valid, stating at page 544:
As to the delegation of her authority to another person, §839 of the Penal Code provides: “Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.� This statute impliedly authorizes the delegation of the physical act of taking an offender into custody.
In People v. Harris, (1967) 256 CA2d 455, 63 CR 849, a citizen, who had observed the defendant commit a misdemeanor “hit-run� violation, pursued the defendant and detained him while another person went for the police. After the defendant was delivered to a police officer, the latter informed him that he was under arrest for the “hit-run� violation. In discussing the effect of the police officer’s assuming custody of the defendant after his detention by the citizen, the Court of Appeal stated: “An arrest is more than a transient momentary incident. It continues through a transfer of custody of the accused from a citizen to a peace officer.� (H arris, at p. 459-460.)
Similarly, the arrest made by CHP officer __________ in this case was a “transient momentary incident,� which, evidently, had its beginning in the action taken by the officer when he received some dispatch call regarding a certain driver. In other words, the initial detention and subsequent arrest by officer ___________ was based upon nothing other than some dispatch call to the officer.
Likewise, in People v. Walker , 203 CA2d 552, 21 CR 692, the arresting officer gave the defendant some sobriety tests and concluded he was under the influence of alcohol. The officer had not seen the defendant commit the alleged offense of drunk driving, and the arrest was therefore determined to be unlawful. Other persons at the scene told the officer that the defendant’s car had been weaving from one side of the road to the other before it collided with a parked car and came to a stop; but it does not appear that anyone had sought to make a citizen’s arrest or detain the offender until the police arrived or, as occurred in the present case, that another officer had witnessed the offender’s actions and “stopped� him. In direct response to the holding in Freeman, police frequently have the ci tizen request the arrest, and do so in writing.
In Padilla v. Meese (1986) 184 CA3d 1022, 229 CR 310, an implied consent hearing case, an agricultural inspection station attendant made a legal citizen’s arrest for drunk driving in his presence. The police officer merely took the defendant into custody for him.
In Johanson v. DMV (1995) 36 CA4th 1209, 43 CR2d 42, a citizen’s drunk driving arrest was found legal even though the citizen hadn’t explicitly stated that the arrest was for drunk driving. In People v. Campbell (1972) 27 CA3d 849, 104 CR 118, the Court said:
A private person may arrest another for “a public offense committed or attempted in his presence� (Pen. C. §837). The term “public offense� includes misdemeanors (Pen. C. §§15 and 17; Burks v. U.S. , 287 F.2d 117; People v. Sjosten , 262 Cal.App.2d 539, 543, 68 Cal.Rptr. 832) and the person making the arrest may summon others to aid him in the arrest (Pen. C. §839). Although there was evidence that Greenwood himself took defendant into custody, Greenwood also had the right to delegate “the physical act of taking an offender into custody� to the other persons summoned, Officer Johnson and Mr. Frazier (People v. Sjosten, supra, p. 544; People v. Wolfgang, (1923) 192 Cal. 754, 221 P. 907). Nor under the circumstances of immediate pursuit was Greenwood required to tell defendant that he was under arrest (Pen. C. §841; People v. Harris, 256 Cal.App.2d 455, 459, 63 Cal.Rptr. 849 (Cal. App. 1st Dist. 1967)). We conclude that defendant was legally arrested by Greenwood with the aid of Officers Johnson and Frazier.
E. Admission of Driving Doesn’t Create Presence
Although there is no admission here, the defendant’s admission of driving is no more relevant to whether or not the offense was committed in the presence of the arresting officer than was his alleged “subjective failure� of the field sobriety tests. Hence, the “driving in the presence� requirement cannot have been accomplished here as is specifically and statutorily required by PC §836. Conversely, however, is the fact that a respondent’s admission can establish the fact that an accident occurred, which constitutes a statutory exception to the presence requirement (See, Corrigan v. Zolin (1996) 47 CA4th 230, 54 CR2d 634 and VC §40300.5(a)).
F. No Vehicle Code Exception To Officer’s Presence Is Applicable
The only exceptions to the “presence8 0 requirement under PC §836 for a DUI arrest are found in VC §40300.5, of which none are applicable to the case at bar. VC §40300.5 states as follows:
40300.5. In addition to the authority to make an arrest without a
warrant pursuant to paragraph (1) of subdivision (a) of Section 836
of the Penal Code, a peace officer may, without a warrant, arrest a
person when the officer has reasonable cause to believe that the
person had been driving while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug when any of the following exists:
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to himself or herself or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless immediately arrested.
Thus, for example, where a peace officer (having probable cause) could arrest a person for misdemeanor driving under the influence of alcohol or drugs not committed in the officer's presence where evidence could be destroyed unless the person was immediately arrested, VC §40300.5(e) created an exception to the presence requirement of PC §836, because evidence could be destroyed by the simple passage of time unless the person was immediately arrest ed. However, this did not authorize a peace officer to forcibly enter a residence to effect such an arrest. [See, People v. Schofield (2001) 90 CA4th 968, 109 CR2d 429.]
Good questions by a San Diego DUI criminal defense lawyer:
1) Time/opportunity for client to have had a drink after driving? In other words, how long between alleged driving and officer's arrival? When was accident called in and by whom? How long was delay?
2) Was the engine still warm ie did officer check engine? If officer did not check engine, make the point that he failed to check engine.
3) Was there evidence of alcohol in car i.e. bottles? If officer did not check for bottles, make the point that he failed to check the car for such evidence (rolling your eyes at his ineptitude is optional)
did client admit to driving?
4) Where were keys? if in ignition, were keys there to turn on radio, heater etc. for music or to keep warm and not for driving?
If you need help by a San Diego DUI criminal defense attorney, visit a free Survey today.
Tuesday, September 01, 2009
San Diego DUI criminal defense attorneys warn folks with suspended licenses not to drive...especially to San Diego County Superior Court for DUI case
San Diego DUI criminal defense attorneys warn folks with suspended licenses not to drive...especially to San Diego County Superior Court for a DUI status hearing.
San Diego DUI criminal defense lawyers regret to report that 4 felony DUI probationers were arrested during a sting at the Vista courthouse on August 31, 2009. 1 lady appeared at her court hearing with alcohol in her system in violation of her probation.
3 folks on suspended driver licenses were arrested when Escondido police officers observed them driving away from their San Diego DUI court appearances. Directly related, 3 vehicles were impounded and 3 misdemeanor traffic citations were handed out. This San Diego DUI sting ensures probationers obey conditions of their San Diego drunk driving or related felony probation.
The San Diego County DUI Probation Team spearheaded this operation. San Diego County DUI Law Center is here to protect folks.
San Diego DUI criminal defense lawyers regret to report that 4 felony DUI probationers were arrested during a sting at the Vista courthouse on August 31, 2009. 1 lady appeared at her court hearing with alcohol in her system in violation of her probation.
3 folks on suspended driver licenses were arrested when Escondido police officers observed them driving away from their San Diego DUI court appearances. Directly related, 3 vehicles were impounded and 3 misdemeanor traffic citations were handed out. This San Diego DUI sting ensures probationers obey conditions of their San Diego drunk driving or related felony probation.
The San Diego County DUI Probation Team spearheaded this operation. San Diego County DUI Law Center is here to protect folks.
Monday, August 31, 2009
Enjoying San Diego until the cops gave you a DUI? Calling a criminal defense lawyer who understands DMV and drunk driving cases
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:
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:
Sunday, August 30, 2009
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
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:
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!
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:
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
Saturday, August 29, 2009
COMPLETE FREE SAN DIEGO DUI SURVEY (online criminal defense attorney consultation)
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 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: >
Video of San Diego DUI / DMV Attorney
Friday, August 28, 2009
Blog & Twit this! San Diego DUI & Drunk Driving Defense Lawyer Specialist Rick Mueller is ready to help you today!!
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.
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
Wednesday, August 26, 2009
Juvenile Court? San Diego Criminal Defense Attorney Lynn Thomas can help
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.
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.
Contact a San Diego California DUI Criminal Defense Lawyer who can help or visit below sites
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:
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.
Video of San Diego DUI / DMV Attorney
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.
Tuesday, August 25, 2009
Simply follow this San Diego DUI criminal defense attorney's instructions to avoid a drunk driving
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.
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.
Monday, August 24, 2009
San Diego DUI Attorney discusses doing a drunk driving program online, especially if out-of-state resident
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.
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.
Sunday, August 23, 2009
San Diego DUI criminal defense lawyer offers free advice on drunk driving attorney evaluation cases
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.
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.
Saturday, August 22, 2009
twit for more information & video by a San Diego DUI Lawyer
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:
Video of San Diego DUI / DMV Attorney
Friday, August 21, 2009
San Diego DUI Attorney can expunge your drunk driving conviction
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.
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.
Thursday, August 20, 2009
San Diego DUI attorney prosecutor must PROVE person was driving & car was moving
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 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
Wednesday, August 19, 2009
San Diego DUI criminal deense lawyers explain how an out of state license could be impacted if arrested for a drunk driving
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.
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.
Tuesday, August 18, 2009
San Diego DUI Police must have warrant before entering home when no misdemeanor committed in officer's presence
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.
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.
Monday, August 17, 2009
The Best San Diego DMV Office Ever, in South Cuonty off 905!
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).
People thought this was:
Useful (1) Funny (1) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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!
People thought this was:
Useful (8) Funny (8) Cool (6) Add owner comment Bookmark Send to a Friend Link to This Review
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.
People thought this was:
Useful (2) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review
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
People thought this was:
Useful (1) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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?
People thought this was:
Useful (7) Funny (5) Cool (6) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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.
People thought this was:
Useful (3) Funny (3) Cool (2) Add owner comment Bookmark Send to a Friend Link to This Review
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).
People thought this was:
Useful (1) Funny (1) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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!
People thought this was:
Useful (8) Funny (8) Cool (6) Add owner comment Bookmark Send to a Friend Link to This Review
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.
People thought this was:
Useful (2) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review
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
People thought this was:
Useful (1) Cool (1) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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?
People thought this was:
Useful (7) Funny (5) Cool (6) Add owner comment Bookmark Send to a Friend Link to This Review Elite '09
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.
People thought this was:
Useful (3) Funny (3) Cool (2) Add owner comment Bookmark Send to a Friend Link to This Review
Do you think a San Diego DUI cop is on your side? LIsten to what this drunk driving criminal defense attorney says!
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
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
Sunday, August 16, 2009
San Diego DUI criminal defense lawyers are pleased with these new cases to assist the citizen accused of California drunk driving laws
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.
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.
Saturday, August 15, 2009
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.
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)
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)
Video of San Diego DUI / DMV Attorney
Thursday, August 13, 2009
San Diego Drunk Driving Defense Attorney Consultation available right now by local DUI Lawyer
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.
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.
Wednesday, August 12, 2009
How to clear a San Diego DUI, Drunk Driving or other Criminal Record
"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.
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.
Tuesday, August 11, 2009
DMV options & issues
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 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.
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:
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.
Monday, August 10, 2009
We need videos of police officers handling San Diego DUI arrests, say criminal defense attorneys
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 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.
Wednesday, August 05, 2009
DUI? San Diego County Public Defender lawyer vs. San Diego DUI criminal defense attorney specialist, that is the question!!
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!!
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!!
Tuesday, August 04, 2009
San Diego Superior Court information twitted on official website, blogged by San Diego DUI criminal defense attorney
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
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.
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.
Monday, August 03, 2009
Understand after a San Diego DUI arrest, your drunk driving criminal defense attorney must do certain things within 10 days
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:
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:
Saturday, August 01, 2009
You need the best San Diego DUI attorney available to defend your San Diego drunk driving arrest by experienced San Diego DUI criminal attorney
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!
Click to contact San Diego DUI Attorneys:
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:
Thursday, July 30, 2009
If arrested for drunk driving in San Diego California, insist on YOUR CHOICE of a test
San Diego DUI criminal defense lawyers explain how a person arrested for drunk driving has a right to choose whether to take a breath or a blood test. With the recent McNeal ruling, one is going to choose a San Diego DUI breath test. Breath tests are not reliable and one's partition ratio may be far different than the number the machine assumes you have. That's because people are different. You can try to legislate physiology but it's not necessarily well-founded in science.
If arrested for a San Diego DUI and you ask for a breath test, it is the officer's responsibility under the law to make sure you get that test you choose. The officer is not supposed to make you take a blood test simply because the officer wants to do that. The right to choose which test is a statutory animal, not an officer's whim.
Only if you are unable to complete the breath test are you required to submit to a remaining test (blood or urine).
San Diego Chargers wide receiver Vincent Jackson was never provided a fair opportunity to complete his chosen breath test. The officer made him do a blood test.
The results of that blood test should have been suppressed by the San Diego Superior Court under the case of Nelson v. City of Irvine, in that it violated his Fourth Amendment rights, which guard against unreasonable search and seizures.
For some strange reason, the Judge said no and now the case will be appealed. That keeps him playing.
"This thing could be in the appellate courts for quite some time," said Cole Casey, Jackson's premier San Diego DUI criminal defense attorney.
Jackson was arrested for a San Diego DUI and pled not guilty.
The NFL has a substance abuse policy which usually leads to a suspension for a second alcohol-related offense. The NFL may take acdtion if a player is convicted of or admits to a violation of the law for alcohol-related offenses.
Jackson pleaded not guilty to the drunk driving charge in February. San Diego DUI criminal defense lawyer Cole Casey correctly pointed out Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test.
According to this questionable police officer, the machine purportedly didn't immediately accept his breath sample, and Jackson moved slowly while removing personal items to be inventoried. How does inventory of personal property have any material bearing on one providing a breath sample?! This zealous officer jumped to the illogical conclusion that Jackson was refusing the breath test. But all Jackson wanted was the officer to do his job and enable Jackson to provide a completed set of samples.
San Diego DUI attorneys will be watching this appellate process closely.
If arrested for a San Diego DUI and you ask for a breath test, it is the officer's responsibility under the law to make sure you get that test you choose. The officer is not supposed to make you take a blood test simply because the officer wants to do that. The right to choose which test is a statutory animal, not an officer's whim.
Only if you are unable to complete the breath test are you required to submit to a remaining test (blood or urine).
San Diego Chargers wide receiver Vincent Jackson was never provided a fair opportunity to complete his chosen breath test. The officer made him do a blood test.
The results of that blood test should have been suppressed by the San Diego Superior Court under the case of Nelson v. City of Irvine, in that it violated his Fourth Amendment rights, which guard against unreasonable search and seizures.
For some strange reason, the Judge said no and now the case will be appealed. That keeps him playing.
"This thing could be in the appellate courts for quite some time," said Cole Casey, Jackson's premier San Diego DUI criminal defense attorney.
Jackson was arrested for a San Diego DUI and pled not guilty.
The NFL has a substance abuse policy which usually leads to a suspension for a second alcohol-related offense. The NFL may take acdtion if a player is convicted of or admits to a violation of the law for alcohol-related offenses.
Jackson pleaded not guilty to the drunk driving charge in February. San Diego DUI criminal defense lawyer Cole Casey correctly pointed out Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test.
According to this questionable police officer, the machine purportedly didn't immediately accept his breath sample, and Jackson moved slowly while removing personal items to be inventoried. How does inventory of personal property have any material bearing on one providing a breath sample?! This zealous officer jumped to the illogical conclusion that Jackson was refusing the breath test. But all Jackson wanted was the officer to do his job and enable Jackson to provide a completed set of samples.
San Diego DUI attorneys will be watching this appellate process closely.
Wednesday, July 29, 2009
False DUI Arrest Lawsuits filed after police officer accused of falsifying information in drunk driving cases
San Diego California DUI criminal defense lawyers feel at times that police officers exaggerate if not fabricate drunk driving arrest reports.
Cops recently got caught on video in a DUI cover-up case: After a Hollywood Florida police officer rear-ended a car in February and then arrested the driver on drunk driving charges, he and other officers talked about doctoring the report.
In Illinois, 10 false-arrest lawsuits began yesterday in the United States Disctric Court against Joe D. Parker, retired Chicago police officer accused of falsifying information in DUI/ drunk driving arrests.
Chicago's Independent Police Review Authority and the police Internal Affairs Division launched investigations into several of Parker's DUI busts on Lake Shore Drive.
The prosecutor's office is conducting a criminal investigation, possibly targeting the former police officer for any false DUI charges.
Drunk Driving prosecutors have dropped dozens of DUI cases because of questions about Parker's conduct.
Eric Turner, a driver for United Parcel Service, was supended from employment for 5 months because of his allegedly unwarranted DUI arrest.
If you have an issue resulting from a San Diego DUI arrest, contact a competent attorney at 1 800 THE-LAW-DUI to determine your rights. A free consultation is available online today.
Cops recently got caught on video in a DUI cover-up case: After a Hollywood Florida police officer rear-ended a car in February and then arrested the driver on drunk driving charges, he and other officers talked about doctoring the report.
In Illinois, 10 false-arrest lawsuits began yesterday in the United States Disctric Court against Joe D. Parker, retired Chicago police officer accused of falsifying information in DUI/ drunk driving arrests.
Chicago's Independent Police Review Authority and the police Internal Affairs Division launched investigations into several of Parker's DUI busts on Lake Shore Drive.
The prosecutor's office is conducting a criminal investigation, possibly targeting the former police officer for any false DUI charges.
Drunk Driving prosecutors have dropped dozens of DUI cases because of questions about Parker's conduct.
Eric Turner, a driver for United Parcel Service, was supended from employment for 5 months because of his allegedly unwarranted DUI arrest.
If you have an issue resulting from a San Diego DUI arrest, contact a competent attorney at 1 800 THE-LAW-DUI to determine your rights. A free consultation is available online today.
Tuesday, July 28, 2009
Wasted Government Money used for DUI Checkpoint which resulted in no San Diego county DUI arrests, seems silly
Checkpoints often are costly and always intrusive, according to San Diego California DUI criminal defense attorneys. Oceanside's friday night drunk driving checkpoint came up 0 for 487. A wasted effort to screen for suspected drunk drivers produced no arrests on any DUI charge, but lots of government money was spent.
The San Diego county DUI checkpoint was conducted by Oceanside Police Friday from 9 p.m. until 3 a.m. in the 1300 block of North Santa Fe Drive. 487 vehicles did not escape the drunk driving checkpoint. DUI police trying to justify their pay screened 298 vehicles but none of those drivers will need a San Diego DUI criminal defense lawyer.
Hunch & suspicision prompted 8 drivers to be given field sobriety tests but those tested were either less than .08% BAC or had no alcohol in their system. So why bother? Unqualified training in DUI detection?
If you want a qualified DUI attorney, try the San Diego County DUI Law Center at 1 800 THE-LAW-DUI.
The San Diego county DUI checkpoint was conducted by Oceanside Police Friday from 9 p.m. until 3 a.m. in the 1300 block of North Santa Fe Drive. 487 vehicles did not escape the drunk driving checkpoint. DUI police trying to justify their pay screened 298 vehicles but none of those drivers will need a San Diego DUI criminal defense lawyer.
Hunch & suspicision prompted 8 drivers to be given field sobriety tests but those tested were either less than .08% BAC or had no alcohol in their system. So why bother? Unqualified training in DUI detection?
If you want a qualified DUI attorney, try the San Diego County DUI Law Center at 1 800 THE-LAW-DUI.
Monday, July 27, 2009
Supreme Court's Melendez Diaz raises scientific issues in San Diego California DUI cases, attorneys say
DUI attorneys in San Diego have been contemplating how drunk driving & drug cases will be affected in San Diego California after the Melendez-Diaz v. Massachusetts Supreme Court ruling.
The Supreme Court referenced a report which called into question the reliability of forensic science. Rather than neutral scientific fact, crime lab reports are now viewed by the Court as indictments of the defendant and subject to the restrictions of the Sixth Amendment Confrontation Clause.
Some of the latest crime lab scandals prove that live testimony from analysts is needed to explore potential flaws in laboratory reports.
The analyst needs to be interrogated about the process, about the meaning of the lab report as the paper itself cannot be interrogated to establish the strengths and limitations of the analysis.
Often errors just win cases on evidentiary problems as drug screening tests may be scientifically reliable, in general, but the reality is underfunding and increasing instances of human error in forensic laboratories can render results unreliable. A renowned defense lawyer once noted in a speech that often, when there is no not much of a factual defense, since the burden is on the prosecution, a good San Diego DUI criminal defense attorney will attack the state's case.
The Supreme Court decision recognized the problem without addressing it. Without underlying research and standards, nobody knows how reliable the science is. That is why we need a National Institute of Forensic Science.
One state, Michigan, may hold the key to dealing with the burden imposed by the Court’s decision. When the state passed .08 BAC legislation, law enforcement was encouraged to ask for drug and blood screening on all blood draws of suspected impaired driving offenders. This caused a dramatic spike in the caseload for blood/alcohol analysis at the Michigan State Police Forensic Science Division's Toxicology Laboratory. Due to Michigan’s requirement for analyst testimony, lab scientists were forced to spend a significant portion of their workday traveling and testifying in courts across the state. The Michigan State Police decided to implement a video testimony program allowing analysts to testify from their own labs via video transmission. Video technology even allows analysts to schedule multiple testimonies with various courts across the state on the same day. After multiple video testimonies utilized by courts across the state, overall savings are estimated at a thousand dollars per testimony. This technology has also saved the state many staff hours (typically wasted in travel time), utilizing the technology to reduce the time scientists are out of the lab to 30 minutes instead of 14 hours, the Michigan Office of Highway Safety Planning reports. After one full year of operation, the State Police Forensic Science Laboratory experienced a decreased alcohol backlog.
Forensic analysts must now be available to testify if their reports are admitted as evidence. The Court left it to individual states to sort out the logistics of calling analysts to testify, and it is too soon to see the full ramifications of this decision.
As San Diego California DUI defense attorneys look forward to the opportunity to test this decision. DUI cases may have to be reduced to reckless driving because an analyst is not around.
If you need help, contact a San Diego drunk driving defense lawyer who wants to help.
The Supreme Court referenced a report which called into question the reliability of forensic science. Rather than neutral scientific fact, crime lab reports are now viewed by the Court as indictments of the defendant and subject to the restrictions of the Sixth Amendment Confrontation Clause.
Some of the latest crime lab scandals prove that live testimony from analysts is needed to explore potential flaws in laboratory reports.
The analyst needs to be interrogated about the process, about the meaning of the lab report as the paper itself cannot be interrogated to establish the strengths and limitations of the analysis.
Often errors just win cases on evidentiary problems as drug screening tests may be scientifically reliable, in general, but the reality is underfunding and increasing instances of human error in forensic laboratories can render results unreliable. A renowned defense lawyer once noted in a speech that often, when there is no not much of a factual defense, since the burden is on the prosecution, a good San Diego DUI criminal defense attorney will attack the state's case.
The Supreme Court decision recognized the problem without addressing it. Without underlying research and standards, nobody knows how reliable the science is. That is why we need a National Institute of Forensic Science.
One state, Michigan, may hold the key to dealing with the burden imposed by the Court’s decision. When the state passed .08 BAC legislation, law enforcement was encouraged to ask for drug and blood screening on all blood draws of suspected impaired driving offenders. This caused a dramatic spike in the caseload for blood/alcohol analysis at the Michigan State Police Forensic Science Division's Toxicology Laboratory. Due to Michigan’s requirement for analyst testimony, lab scientists were forced to spend a significant portion of their workday traveling and testifying in courts across the state. The Michigan State Police decided to implement a video testimony program allowing analysts to testify from their own labs via video transmission. Video technology even allows analysts to schedule multiple testimonies with various courts across the state on the same day. After multiple video testimonies utilized by courts across the state, overall savings are estimated at a thousand dollars per testimony. This technology has also saved the state many staff hours (typically wasted in travel time), utilizing the technology to reduce the time scientists are out of the lab to 30 minutes instead of 14 hours, the Michigan Office of Highway Safety Planning reports. After one full year of operation, the State Police Forensic Science Laboratory experienced a decreased alcohol backlog.
Forensic analysts must now be available to testify if their reports are admitted as evidence. The Court left it to individual states to sort out the logistics of calling analysts to testify, and it is too soon to see the full ramifications of this decision.
As San Diego California DUI defense attorneys look forward to the opportunity to test this decision. DUI cases may have to be reduced to reckless driving because an analyst is not around.
If you need help, contact a San Diego drunk driving defense lawyer who wants to help.
Sunday, July 26, 2009
All-Star California DUI Defense Attorney Lineup for this Saturday's DUI Seminar
On August 1, 2009, some of the top DUI attorneys in California will speak at the Annual DUI Seminar at Loyola Law School in Los Angeles. Among them: Vince Tucci, Felipe Plasencia, Donald Bartell, Bob Wilson, Al Menaster, David Youssefyeh, and Rick Mueller.
Here's a twit from some of their websites:
Welcome to the website of the DUI defense firm of Braden & Tucci. Our practice is limited to DUI & DMV Defense. I approach every case as if it were my own because it is my own. It is my own reputation that is at stake in each and every case I handle. When I walk into a courtroom, everyone knows that I there handling a DUI case because that is all we do. We are one of Southern California's most respected and feared law firms in the area of DUI & DMV defense. Our firm is dedicated to aggressively defending and protecting people accused of driving under the influence both in court and at the Department of Motor Vehicles (DMV). Our firm enjoys a reputation of surpassing excellence in Southern California for quality trial skills and aggressive representation provided on behalf of our clients. Braden & Tucci concentrates and limits our practice to representing citizens standing accused by the government of driving while under the influence both in court and at the DMV.
Felipe Plascencia is a well-known criminal defense attorney who has been practicing law in Southern California for over a decade. He lectures extensively on current DUI issues and frequently trains other DUI lawyers.
Before opening his own law firm he served as a public defender and has stood up for the rights of clients in courtrooms throughout Southern California. He set the record for the most cases tried and won. He is a warrior for justice and fears no one.
Local police departments and district attorneys gave him the nickname “Felipe Mad Dog Plascencia” because of his aggressive cross-examination of police officers.
He will fight to protect the rights of his clients. He understands the importance and the need for justice. He limits his practice to criminal law and DUI defense.
Donald Bartell is a partner in the law firm of Bartell & Hensel in Riverside, California, and has been in private practice since 1984.
He is on the Board of Directors of the California DUI Lawyers Association, and is a frequent lecturer around California on DUI trial tactics including Lorman's Strategies In Handling DUI Cases seminars. He has been asked to participate in the California DUI Lawyers Association and National College for DUI Defense’s jury research project investigating what arguments resonate with jurors in California drunk driving cases.
Mr. Bartell is a contributing author to James Publishing’s California Drunk Driving Law, and wrote the chapter Defense of Drug Cases in Medical-Legal Aspects of Drugs. http://www.amazon.ca/Medical-Legal-Aspects-Drugs-Barry-Logan/dp/1930056192/ref=sr_1_9/701-0537404-8044366?ie=UTF8&s=books&qid=1197690485&sr=1-9
He graduated from the University of California, Berkeley, and the University of Notre Dame School of Law. Mr. Bartell is a pilot and frequently flies to California DUI courts.
Don is author of a brand new best seller - Attacking and Defending Drunk Driving Tests.
Los Angeles area attorneys Hutton & Wilson specialize in the defense of criminal cases. Both are Certified Criminal Law Specialists as recognized by the State Bar of California and are widely recognized as the top DUI trial firm in the Southern California area including Los Angeles, Century City, Beverly Hills, Malibu, Santa Monica, Pasadena, Glendale, Santa Barbara and Ventura Counties. The firm's goal in every case is to successfully represent the client by winning the Department of Motor Vehicle hearing, and if the driving under the influence charges cannot be substantially reduced proceeding to jury trial. As a result, both partners have tried hundreds of driving under the influence jury trials.
Robert J. Wilson of Hutton & Wilson is a member of the National College of DUI Defense, Treasurer of the California DUI Lawyers Association, Past President of Criminal Court's Bar Association, Member of California Attorneys for Criminal Justice Board of Directors, and a Certified Criminal Law Specialist, California State Bar. Mr. Wilson has successfully represented over 250 individuals injury trials before courts in the Southern California area. Mr. Wilson has represented thousands of drivers before the Department of Motor Vehicles, is a frequent lecturer at DUI seminars throughout the State of California and has spoken to the Department of Motor Vehicles Hearing Officers regarding administrative hearings and due process. Mr. Wilson is a "Recognized Leader" in DUI Defense and is in the forefront of alternative sentencing for multiple offenders facing substantial amounts of jail and/or state prison time.
Attorney Rick Mueller specializes in California DUI and DMV law. He has been in practice since 1983 and received his Juris Doctor degree from Chicago Kent College of Law.
DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years. Rick Mueller is known as the "DMV Guru". On August 1, 2009, Rick speaks at the Mexican American Bar Association's Annual DUI Seminar at Loyola Law School in Los Angeles.On March 28, 2008, Rick lectured on Strategies in Handling DUI Cases in California. On September 27, 2008, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI Seminar. Rick spoke on "Current DMV Suspension Hearing Issues, Techniques & Writs" at the San Diego County Courthouse. Rick Mueller was the featured Speaker at the DUI - DMV Seminar in downtown San Diego. He also was the DUI - DMV Lecturer at the Public Defender's Office criminal defense seminar.
Having been specially recognized as a Contributor to the California Drunk Driving Law book, he is now an Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's Bible of DUI Defense, authored by Ed Kuwatch, Paul Burglin (San Francisco) and Barry Simons (Laguna Beach), the book features some of San Diego County attorney Rick Mueller's hard work.
Here's a twit from some of their websites:
Welcome to the website of the DUI defense firm of Braden & Tucci. Our practice is limited to DUI & DMV Defense. I approach every case as if it were my own because it is my own. It is my own reputation that is at stake in each and every case I handle. When I walk into a courtroom, everyone knows that I there handling a DUI case because that is all we do. We are one of Southern California's most respected and feared law firms in the area of DUI & DMV defense. Our firm is dedicated to aggressively defending and protecting people accused of driving under the influence both in court and at the Department of Motor Vehicles (DMV). Our firm enjoys a reputation of surpassing excellence in Southern California for quality trial skills and aggressive representation provided on behalf of our clients. Braden & Tucci concentrates and limits our practice to representing citizens standing accused by the government of driving while under the influence both in court and at the DMV.
Felipe Plascencia is a well-known criminal defense attorney who has been practicing law in Southern California for over a decade. He lectures extensively on current DUI issues and frequently trains other DUI lawyers.
Before opening his own law firm he served as a public defender and has stood up for the rights of clients in courtrooms throughout Southern California. He set the record for the most cases tried and won. He is a warrior for justice and fears no one.
Local police departments and district attorneys gave him the nickname “Felipe Mad Dog Plascencia” because of his aggressive cross-examination of police officers.
He will fight to protect the rights of his clients. He understands the importance and the need for justice. He limits his practice to criminal law and DUI defense.
Donald Bartell is a partner in the law firm of Bartell & Hensel in Riverside, California, and has been in private practice since 1984.
He is on the Board of Directors of the California DUI Lawyers Association, and is a frequent lecturer around California on DUI trial tactics including Lorman's Strategies In Handling DUI Cases seminars. He has been asked to participate in the California DUI Lawyers Association and National College for DUI Defense’s jury research project investigating what arguments resonate with jurors in California drunk driving cases.
Mr. Bartell is a contributing author to James Publishing’s California Drunk Driving Law, and wrote the chapter Defense of Drug Cases in Medical-Legal Aspects of Drugs. http://www.amazon.ca/Medical-Legal-Aspects-Drugs-Barry-Logan/dp/1930056192/ref=sr_1_9/701-0537404-8044366?ie=UTF8&s=books&qid=1197690485&sr=1-9
He graduated from the University of California, Berkeley, and the University of Notre Dame School of Law. Mr. Bartell is a pilot and frequently flies to California DUI courts.
Don is author of a brand new best seller - Attacking and Defending Drunk Driving Tests.
Los Angeles area attorneys Hutton & Wilson specialize in the defense of criminal cases. Both are Certified Criminal Law Specialists as recognized by the State Bar of California and are widely recognized as the top DUI trial firm in the Southern California area including Los Angeles, Century City, Beverly Hills, Malibu, Santa Monica, Pasadena, Glendale, Santa Barbara and Ventura Counties. The firm's goal in every case is to successfully represent the client by winning the Department of Motor Vehicle hearing, and if the driving under the influence charges cannot be substantially reduced proceeding to jury trial. As a result, both partners have tried hundreds of driving under the influence jury trials.
Robert J. Wilson of Hutton & Wilson is a member of the National College of DUI Defense, Treasurer of the California DUI Lawyers Association, Past President of Criminal Court's Bar Association, Member of California Attorneys for Criminal Justice Board of Directors, and a Certified Criminal Law Specialist, California State Bar. Mr. Wilson has successfully represented over 250 individuals injury trials before courts in the Southern California area. Mr. Wilson has represented thousands of drivers before the Department of Motor Vehicles, is a frequent lecturer at DUI seminars throughout the State of California and has spoken to the Department of Motor Vehicles Hearing Officers regarding administrative hearings and due process. Mr. Wilson is a "Recognized Leader" in DUI Defense and is in the forefront of alternative sentencing for multiple offenders facing substantial amounts of jail and/or state prison time.
Attorney Rick Mueller specializes in California DUI and DMV law. He has been in practice since 1983 and received his Juris Doctor degree from Chicago Kent College of Law.
DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years. Rick Mueller is known as the "DMV Guru". On August 1, 2009, Rick speaks at the Mexican American Bar Association's Annual DUI Seminar at Loyola Law School in Los Angeles.On March 28, 2008, Rick lectured on Strategies in Handling DUI Cases in California. On September 27, 2008, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI Seminar. Rick spoke on "Current DMV Suspension Hearing Issues, Techniques & Writs" at the San Diego County Courthouse. Rick Mueller was the featured Speaker at the DUI - DMV Seminar in downtown San Diego. He also was the DUI - DMV Lecturer at the Public Defender's Office criminal defense seminar.
Having been specially recognized as a Contributor to the California Drunk Driving Law book, he is now an Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's Bible of DUI Defense, authored by Ed Kuwatch, Paul Burglin (San Francisco) and Barry Simons (Laguna Beach), the book features some of San Diego County attorney Rick Mueller's hard work.
Saturday, July 25, 2009
14 months of treatment helps San Diego DUI probationer stay out of prison
Silva was already on San Diego DUI probation for a prior, was allegedly the aggressor in a road rage incident with a cop. She was allegedly drunk and had drugs in her system and was driving erratically with the boy in her car.
The cop was charged with felony gross negligent discharge of a firearm and a misdemeanor count of exhibiting a firearm but a San Diego County Superior Court jury acquitted him. The cop's San Diego criminal defense attorney contended Mr. White didn't know the boy was in the car when he fired his weapon.
Silva earlier pled guilty to felony child endangerment and misdemeanor San Diego DUI / drunk driving was ordered to return to court with her San Diego DUI criminal defense attorney on in 3 months to see if she's doing what she's supposed to be doing. Silva's San Diego DUI criminal defense lawyer, Michael Pancer, related how she had a difficult childhood that may explain, but not excuse, much of her behavior. Silva's mother suffered from a drug-abuse problem; she lived in group and foster homes while a teenager. “Ms. Silva stands here today as a changed person,” San Diego DUI criminal defense attorney Pancer said. “She knows that she got a second chance in life and she's not going to waste it.”
If she does waste it, it's four years in prison. So far, Silva had undergone 14 months of treatment for substance abuse and anger problems, gaining praise from several professionals who work to help folks in those treatment centers.
If you need help, hire a San Diego DUI attorney who cares.
The cop was charged with felony gross negligent discharge of a firearm and a misdemeanor count of exhibiting a firearm but a San Diego County Superior Court jury acquitted him. The cop's San Diego criminal defense attorney contended Mr. White didn't know the boy was in the car when he fired his weapon.
Silva earlier pled guilty to felony child endangerment and misdemeanor San Diego DUI / drunk driving was ordered to return to court with her San Diego DUI criminal defense attorney on in 3 months to see if she's doing what she's supposed to be doing. Silva's San Diego DUI criminal defense lawyer, Michael Pancer, related how she had a difficult childhood that may explain, but not excuse, much of her behavior. Silva's mother suffered from a drug-abuse problem; she lived in group and foster homes while a teenager. “Ms. Silva stands here today as a changed person,” San Diego DUI criminal defense attorney Pancer said. “She knows that she got a second chance in life and she's not going to waste it.”
If she does waste it, it's four years in prison. So far, Silva had undergone 14 months of treatment for substance abuse and anger problems, gaining praise from several professionals who work to help folks in those treatment centers.
If you need help, hire a San Diego DUI attorney who cares.
Friday, July 24, 2009
San Diego DUI cops were busy fishing on Del Mar Opening Day - 277 drivers stoped but only 12 DUI arrests. Geez. Overzealous Mess!
San Diego DUI cops were busy fishing on Del Mar Opening Day - 277 drivers stoped but only 12 DUI arrests. Geez. Overzealous Mess!
If you or a friend are facing overzealous DUI charges, contact a quality San Diego DUI criminal defense lawyer who can provide a free consultaton online today.
On July 22, 2009, the San Diego County Sheriff’s Department and the San Diego County Regional Avoid the 14 Task Force conducted a DUI enforcement disaster in the cities of Del Mar, Solana Beach and Encinitas to coincide with the opening day of the Del Mar.
San Diego DUI officers from the San Diego Police Department, La Mesa Police Department, Oceanside Police Department, Coronado Police Department, Escondido Police Department, Chula Vista Police Department, National City Police Department and San Diego County Probation Department all competed in overzealousness.
The San Diego DUI results of the operation are as follows:
Traffic stops: 277 (based on hunch or mere suspicion of San Diego DUI?)
San Diego DUI Field sobriety tests administered: 83
(This means over 2/3rds of folks' freedoms were intruded upon.)
San Diego DUI arrests: 12 (of which two included charges of child endangerment)
(This means less 5% of the hunches led to DUI arrests. Wow.)
This San Diego DUI operation was made possible as a result of a grant by the California Office of Traffic Safety. San Diego DUI strike team operations will be conducted in the near future with the goal of getting drunk drivers in jail to make money off them. San Diego DUI criminal defense attorneys can't believe this.
If you or a friend are facing overzealous DUI charges, contact a quality San Diego DUI criminal defense lawyer who can provide a free consultaton online today.
On July 22, 2009, the San Diego County Sheriff’s Department and the San Diego County Regional Avoid the 14 Task Force conducted a DUI enforcement disaster in the cities of Del Mar, Solana Beach and Encinitas to coincide with the opening day of the Del Mar.
San Diego DUI officers from the San Diego Police Department, La Mesa Police Department, Oceanside Police Department, Coronado Police Department, Escondido Police Department, Chula Vista Police Department, National City Police Department and San Diego County Probation Department all competed in overzealousness.
The San Diego DUI results of the operation are as follows:
Traffic stops: 277 (based on hunch or mere suspicion of San Diego DUI?)
San Diego DUI Field sobriety tests administered: 83
(This means over 2/3rds of folks' freedoms were intruded upon.)
San Diego DUI arrests: 12 (of which two included charges of child endangerment)
(This means less 5% of the hunches led to DUI arrests. Wow.)
This San Diego DUI operation was made possible as a result of a grant by the California Office of Traffic Safety. San Diego DUI strike team operations will be conducted in the near future with the goal of getting drunk drivers in jail to make money off them. San Diego DUI criminal defense attorneys can't believe this.
Thursday, July 23, 2009
What is the SR-22 San Diego DUI arrestees ask San Diego Drunk Driving Defense Attorneys about?
What is the SR-22 San Diego DUI arrestees ask about?
An SR-22 isn't a type of insurance coverage, but rather proof that you have insurance. It is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State.
This insurance notification is typically required by the State for 3 years from the date the original suspension would have ended which can be determined, e.g., by adding 4 months from the date you were given the "pink" temporary license (assuming you are a first offender without a refusal of the chemical test).
If your policy lapses for any reason (miss a payment, get cancelled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept any other form as a substitute for the SR-22.
When is the SR 22 required?
This will be required by you if:
(1) you were arrested for a DUI and;
(2) you have your license suspended or restricted and/or;
(3) if you are required to take a DUI program and;
(4) you want to get a restricted license.
To get a restricted license, you have to do 3 things:
(Not immediately - only if you lose your DMV hearing or get convicted in Court)
(1) Pay DMV re-issue fee(s).
(2) Provide DMV proof of financial responsibility (SR-22).
(3) Provide DMV proof of enrollment in approved DUI program.
Insurance minimums in California:
For private passenger vehicles per accident: $15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.
Moving to Another State:
If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California - even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
Already convicted and need a license?
First, make sure you are eligible for at least a restricted license by calling the California DMV at 1 (800) 777-0133. Then follow the steps above.
Other related information:
If you insurance company cancels your insurance because of your conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days.
Already agreed to enter a guilty plea or didn't request a DMV hearing?
If you think you are going to be convicted, make sure you contact an insurance broker BEFORE the conviction appears on your record. A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm for example) once a DUI conviction appears on your record.
Additionally, you should know that although your SR 22 can be filed electronically you should be able to get an original from your insurance company and hand deliver it to the DMV so that you don't have to wait for the clerks in Sacramento to do their job - which they do slowly.
I recommend calling John MacDonald at 1 800 346 7370 for all of your insurance needs. John MacDonald Insurance
Or, Generally, How to Downshift Your Insurance Costs with Smarter, Cheaper Coverage
1) Nab Discounts
Most insurers offer price cuts for such things as:
- having anti-lock brakes;
- having been accident-free;
- having taken a defensive-driving course;
- using the same insurer for your home policy.
(For more info., visit the auto insurance checklist at http://iii.org/individuals/auto .)
These can take up to 25% off your premium. But your insurer usually will not come to you with them so you have to call the company and find out what the discounts are.
2) Raise your deductible.
The point of vehicle insurance is to protect you from catastrophic costs (your emergency fund should cover stuff like dents and broken windows). Raise your deductible from say $200 to $1,000 and you could save more than 40% on premiums, according to the Insurance Information Institute.
3) Prune coverage on old vehicles.
Once your vehicle is worth less than 10 times what you pay each year to insure it, get rid of the comprehensive and collision. Find your vehicle's estimated worth at www.kbb.com.
4) Dig up competing quotes.
This is the most work but could have the greatest payoff. Go to www.naic.org to find your state insurance commission website, where you can download a vehicle insurance buying guide.
Pick the example closest to you and the 5 insurers with the lowest rates. Call them for quotes. If the state guide doesn't list insurers, get the 5 best quotes at www.insweb.com but note that the site doesn't include State Farm.
Next, check with an independent agent (get a name at www.iiaba.net) to see if any insurers you haven't checked can beat your top 5.
5) Sidestep hassle by making sure any insurer with a better quote is legitimate.
Go to your state's insurance commission site - look especially for the ratio of complaints to # of policies written.
An SR-22 isn't a type of insurance coverage, but rather proof that you have insurance. It is notification from your insurance company to the DMV that you have auto liability insurance in effect in the State of California which satisfies the minimum insurance coverage required by the State.
This insurance notification is typically required by the State for 3 years from the date the original suspension would have ended which can be determined, e.g., by adding 4 months from the date you were given the "pink" temporary license (assuming you are a first offender without a refusal of the chemical test).
If your policy lapses for any reason (miss a payment, get cancelled) the insurance carrier is REQUIRED to notify the DMV who is supposed to then notify you that you will have to file another SR-22 with them by a certain date or your license will be suspended. This form, typically filed electronically, is the only form the The Department of Motor Vehicles will accept. They will not accept any other form as a substitute for the SR-22.
When is the SR 22 required?
This will be required by you if:
(1) you were arrested for a DUI and;
(2) you have your license suspended or restricted and/or;
(3) if you are required to take a DUI program and;
(4) you want to get a restricted license.
To get a restricted license, you have to do 3 things:
(Not immediately - only if you lose your DMV hearing or get convicted in Court)
(1) Pay DMV re-issue fee(s).
(2) Provide DMV proof of financial responsibility (SR-22).
(3) Provide DMV proof of enrollment in approved DUI program.
Insurance minimums in California:
For private passenger vehicles per accident: $15,000 for injury/death to one person.
$30,000 for injury/death to more than one person.
$5,000 for damage to property.
Moving to Another State:
If you currently have an SR-22 and want to move to another state you must maintain the SR-22 like you still live in California - even though you no longer reside here. Also, your insurance policy for the new state must have liability minimums required by law in California. This applies even if you move to one of the states that does not have SR-22 insurance: Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania.
Already convicted and need a license?
First, make sure you are eligible for at least a restricted license by calling the California DMV at 1 (800) 777-0133. Then follow the steps above.
Other related information:
If you insurance company cancels your insurance because of your conviction, you will receive a notice indicating that your vehicle registration will be suspended if new insurance information is not submitted within 45 days.
Already agreed to enter a guilty plea or didn't request a DMV hearing?
If you think you are going to be convicted, make sure you contact an insurance broker BEFORE the conviction appears on your record. A skilled insurance broker can often times save you from being cancelled or having your insurances rates double (typical through State Farm for example) once a DUI conviction appears on your record.
Additionally, you should know that although your SR 22 can be filed electronically you should be able to get an original from your insurance company and hand deliver it to the DMV so that you don't have to wait for the clerks in Sacramento to do their job - which they do slowly.
I recommend calling John MacDonald at 1 800 346 7370 for all of your insurance needs. John MacDonald Insurance
Or, Generally, How to Downshift Your Insurance Costs with Smarter, Cheaper Coverage
1) Nab Discounts
Most insurers offer price cuts for such things as:
- having anti-lock brakes;
- having been accident-free;
- having taken a defensive-driving course;
- using the same insurer for your home policy.
(For more info., visit the auto insurance checklist at http://iii.org/individuals/auto .)
These can take up to 25% off your premium. But your insurer usually will not come to you with them so you have to call the company and find out what the discounts are.
2) Raise your deductible.
The point of vehicle insurance is to protect you from catastrophic costs (your emergency fund should cover stuff like dents and broken windows). Raise your deductible from say $200 to $1,000 and you could save more than 40% on premiums, according to the Insurance Information Institute.
3) Prune coverage on old vehicles.
Once your vehicle is worth less than 10 times what you pay each year to insure it, get rid of the comprehensive and collision. Find your vehicle's estimated worth at www.kbb.com.
4) Dig up competing quotes.
This is the most work but could have the greatest payoff. Go to www.naic.org to find your state insurance commission website, where you can download a vehicle insurance buying guide.
Pick the example closest to you and the 5 insurers with the lowest rates. Call them for quotes. If the state guide doesn't list insurers, get the 5 best quotes at www.insweb.com but note that the site doesn't include State Farm.
Next, check with an independent agent (get a name at www.iiaba.net) to see if any insurers you haven't checked can beat your top 5.
5) Sidestep hassle by making sure any insurer with a better quote is legitimate.
Go to your state's insurance commission site - look especially for the ratio of complaints to # of policies written.
Wednesday, July 22, 2009
San Diego Sheriff’s Department and the Avoid DUI Task Force Partners will be deploying on Wednesday evening, July 22nd, 2009 for Del Mar Opening Day
San Diego DUI Defense Attorney Rick Mueller will speak about DUI enforcement and drunk driving checkpoints at the annual DUI seminar next Saturday, August 1, 2009 at Loyola Law School in Los Angeles, California. Right now, the San Diego DUI Strike Team will work hard to Keep the Roadways Safe During the Opening Day of the Del Mar Thoroughbred Horse Racing Festivitiesm as the San Diego Sheriff’s Department and the Avoid DUI Task Force Partners will be deploying on Wednesday evening, July 22nd, 2009, from 3:00 p.m. to midnight for the opening day of the Thoroughbred horse racing festivities at the Del Mar Race Track.
The San Diego Avoid DUI Task Force is asking for the public’s assistance during this special event by Reporting Drunk Drivers – Call 9-1-1. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Media are highly encouraged to attend the San Diego County Avoid DUI Campaign - DUI Strike Team Working Opening Day of the Del Mar Thoroughbred Horse Racing Festivities
command post and requested to assist us in educating the public about the dangers of making the worst possible decision, namely to drive after drinking or without a valid driver license. The Command Post will be located at 625 South Nardo Ave. in Solana Beach.
If you need help, go to the free online DUI Defense Evaluation for San Diego drunk driving arrests.
The San Diego Avoid DUI Task Force is asking for the public’s assistance during this special event by Reporting Drunk Drivers – Call 9-1-1. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Media are highly encouraged to attend the San Diego County Avoid DUI Campaign - DUI Strike Team Working Opening Day of the Del Mar Thoroughbred Horse Racing Festivities
command post and requested to assist us in educating the public about the dangers of making the worst possible decision, namely to drive after drinking or without a valid driver license. The Command Post will be located at 625 South Nardo Ave. in Solana Beach.
If you need help, go to the free online DUI Defense Evaluation for San Diego drunk driving arrests.
Tuesday, July 21, 2009
San Diego DUI accidents will never be eliminated; smarter folks who find a way around any California DUI roadblock.
San Diego DUI accidents will never be eliminated; smarter folks who find a way around any California DUI roadblock.
The best that can be done to reduce the number of DUI crashes is to raise awareness of the dangers of San Diego DUI ; increase the San Diego DUI penalties for drunk driving; and pass drunk driving laws making it harder for people to drink and drive in San Diego Caliifornia.
There will always be a good San Diego DUI criminal defense attorney to the rescue.
The best that can be done to reduce the number of DUI crashes is to raise awareness of the dangers of San Diego DUI ; increase the San Diego DUI penalties for drunk driving; and pass drunk driving laws making it harder for people to drink and drive in San Diego Caliifornia.
There will always be a good San Diego DUI criminal defense attorney to the rescue.
Sunday, July 19, 2009
A subpoenaed witness does not appear, or is on vacation, what are the San Diego Drunk Driving Criminal Defense Attorney's options
San Diego DUI criminal defense attorneys spend a great deal of time and energy preparing for a jury trial. It can be frustrating when your San Diego DUI criminal defense lawyer answers "ready" for trial, only to be told by a Judge that the case will be continued because the DUI attorney prosecutor is not ready.
When a subpoenaed witness does not appear, or is on vacation, what are the San Diego Drunk Driving Criminal Defense Attorney's options? And what is the new case law as it applies to San Diego drunk driving cases?
Jensen v. Superior Court (2008) 160 CA4th 266
"[Though] the vacation of a police officer is not, by itself, good
cause for continuing a case beyond the statutory time period [citing
Cunningham v. Municipal Court (1976) 62 CA3d 153, 155-156, and
Baustert v. Superior Court (2005) 129 CA4th 1269, 12771," due
diligence is shown for a trial continuance where a prosecutor has
timely caused a subpoena to be served on the officer's department
even if the supervising officer fails to deliver the subpoena as
required by PC §1328(c).
When you're ready to consult a San Diego DUI criminal defense attorney, spend a few moments online.
When a subpoenaed witness does not appear, or is on vacation, what are the San Diego Drunk Driving Criminal Defense Attorney's options? And what is the new case law as it applies to San Diego drunk driving cases?
Jensen v. Superior Court (2008) 160 CA4th 266
"[Though] the vacation of a police officer is not, by itself, good
cause for continuing a case beyond the statutory time period [citing
Cunningham v. Municipal Court (1976) 62 CA3d 153, 155-156, and
Baustert v. Superior Court (2005) 129 CA4th 1269, 12771," due
diligence is shown for a trial continuance where a prosecutor has
timely caused a subpoena to be served on the officer's department
even if the supervising officer fails to deliver the subpoena as
required by PC §1328(c).
When you're ready to consult a San Diego DUI criminal defense attorney, spend a few moments online.
Saturday, July 18, 2009
Why it is not a good idea for you to appear with your San Diego DUI criminal defense attorney in Court
Why it is not a good idea for you to appear with your San Diego DUI criminal defense attorney in San Diego drunk driving Court
If your San Diego DUI is a misdemeanor you need not appear until & unless the case is set for jury trial; your San Diego DUI attorney can make all appearances (until/unless trial).
San Diego Superior courts treat San Diego DUI misdemeanor cases very seriously - e.g. one cannot represent oneself. People who are not allowed to represent themselves should not be speaking to the Judge or the Prosecutor, neither of whom are on your side nor looking out for your rights. Sometimes Judges overstep or ask people pointed questions and unfortunately wrong answers are mistakenly provided; that cannot be good for anyone, particularly in a San Diego DUI case. While I am sure many folks can handle themselves, as a San Diego DUI criminal defense lawyer, I do not want to take any chances since I have the best interests of my San Diego DUI clients in mind.
These are some reasons why you hired a Mouthpiece. Your San Diego DUI defense attorney is that hired Gun.
Besides, the San Diego DUI Judge usually does not want to hear from the client. The Judge does not want to have to explain (or reexplain) something to a San Diego DUI defendant. The Judge would rather have the San Diego DUI attorney do that; it keeps the calendar flowing and does not make the judge run late or get mad. We do not want an angry judge or a Judge who is mad at you or I. Besides, I do not want you saying anything to the Judge or the Prosecutor. Any inadvertent comments or accidental interference could adversely affect the outcome in your San Diego DUI case. This is why your San Diego DUI Attorney Retainer Agreement may state: "Client need not appear."
Your San Diego DUI lawyer intends to appear on your behalf at your scheduled arraignment, enter a not guilty plea, and continue the San Diego DUI case for about a number of weeks at which time you do not have to appear.
Not much happens at that San Diego DUI arraignment date except get a new date thereby allowing your San Diego DUI defense lawyer to request discovery and conduct investigation in your San Diego DUI criminal case. After that, your San Diego DUI criminal attorney will conclude the investigation in the criminal matter and meet with the San Diego DUI prosecutor's office.
Your San Diego DUI attorney will keep you posted of any developments.
Under Penal Code Section 977, as your San Diego DUI attorney, he can and will make all appearances for you. YOU NEVER HAVE TO APPEAR (unless/until set for San Diego DUI jury trial).
While you are waiting for your San Diego DUI criminal defense attorney to work for you at an upcoming date, or to convey updates on your San Diego DUI case, there may not be a lot for you to do. That may be a bit frustrating. Simply please wait for news from your San Diego DUI defense attorney. Your San Diego DUI criminal lawyer will likely mail you what is received and obtained.
Your San Diego DUI criminal defense attorney is the plane that you decided to board. If you don't trust him to fly it, you should not have gotten on. If you trust your San Diego DUI lawyer and his over 25 years of experience, then stay on board. But, just because you buy a ticket to ride, it doesn't entitle you to a course on how to build the thing and how to fly it. So please relax and just enjoy the flight. Or allow your San Diego DUI attorney to make the flight not so unenjoyable for you. Your San Diego DUI lawyer will do his best to keep any bumps or delays to a minimum.
Please be assured that your San Diego DUI attorney is working vigorously and diligently on your San Diego DUI case. Your patience, understanding and consideration are appreciated. Please do not worry. Your San Diego DUI lawyer will take care of everything until notified.
If your San Diego DUI is a misdemeanor you need not appear until & unless the case is set for jury trial; your San Diego DUI attorney can make all appearances (until/unless trial).
San Diego Superior courts treat San Diego DUI misdemeanor cases very seriously - e.g. one cannot represent oneself. People who are not allowed to represent themselves should not be speaking to the Judge or the Prosecutor, neither of whom are on your side nor looking out for your rights. Sometimes Judges overstep or ask people pointed questions and unfortunately wrong answers are mistakenly provided; that cannot be good for anyone, particularly in a San Diego DUI case. While I am sure many folks can handle themselves, as a San Diego DUI criminal defense lawyer, I do not want to take any chances since I have the best interests of my San Diego DUI clients in mind.
These are some reasons why you hired a Mouthpiece. Your San Diego DUI defense attorney is that hired Gun.
Besides, the San Diego DUI Judge usually does not want to hear from the client. The Judge does not want to have to explain (or reexplain) something to a San Diego DUI defendant. The Judge would rather have the San Diego DUI attorney do that; it keeps the calendar flowing and does not make the judge run late or get mad. We do not want an angry judge or a Judge who is mad at you or I. Besides, I do not want you saying anything to the Judge or the Prosecutor. Any inadvertent comments or accidental interference could adversely affect the outcome in your San Diego DUI case. This is why your San Diego DUI Attorney Retainer Agreement may state: "Client need not appear."
Your San Diego DUI lawyer intends to appear on your behalf at your scheduled arraignment, enter a not guilty plea, and continue the San Diego DUI case for about a number of weeks at which time you do not have to appear.
Not much happens at that San Diego DUI arraignment date except get a new date thereby allowing your San Diego DUI defense lawyer to request discovery and conduct investigation in your San Diego DUI criminal case. After that, your San Diego DUI criminal attorney will conclude the investigation in the criminal matter and meet with the San Diego DUI prosecutor's office.
Your San Diego DUI attorney will keep you posted of any developments.
Under Penal Code Section 977, as your San Diego DUI attorney, he can and will make all appearances for you. YOU NEVER HAVE TO APPEAR (unless/until set for San Diego DUI jury trial).
While you are waiting for your San Diego DUI criminal defense attorney to work for you at an upcoming date, or to convey updates on your San Diego DUI case, there may not be a lot for you to do. That may be a bit frustrating. Simply please wait for news from your San Diego DUI defense attorney. Your San Diego DUI criminal lawyer will likely mail you what is received and obtained.
Your San Diego DUI criminal defense attorney is the plane that you decided to board. If you don't trust him to fly it, you should not have gotten on. If you trust your San Diego DUI lawyer and his over 25 years of experience, then stay on board. But, just because you buy a ticket to ride, it doesn't entitle you to a course on how to build the thing and how to fly it. So please relax and just enjoy the flight. Or allow your San Diego DUI attorney to make the flight not so unenjoyable for you. Your San Diego DUI lawyer will do his best to keep any bumps or delays to a minimum.
Please be assured that your San Diego DUI attorney is working vigorously and diligently on your San Diego DUI case. Your patience, understanding and consideration are appreciated. Please do not worry. Your San Diego DUI lawyer will take care of everything until notified.
Friday, July 17, 2009
San Diego DUI Attorneys can really blog. Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI Defense attorney for 25 years
San Diego DUI Attorneys can really blog. Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. He vigorously and dedicates all of his law practice to aggressively defending those accused of driving under the influence of alcohol. See how has successfully saved the driving privileges of many clients.
San Diego California Criminal Defense Attorney Rick Mueller lectures in two weeks at the Mexican American Bar Association annual DUI seminar in Los Angeles at Loyola Law School. He recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California.
Help is readily available via a free, online, and important Free San Diego DUI & Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
Or check out this San Diego DUI criminal defense attorney speak about DMV:
San Diego California Criminal Defense Attorney Rick Mueller lectures in two weeks at the Mexican American Bar Association annual DUI seminar in Los Angeles at Loyola Law School. He recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California.
Help is readily available via a free, online, and important Free San Diego DUI & Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
Or check out this San Diego DUI criminal defense attorney speak about DMV:
Video of San Diego DUI / DMV Attorney
Wednesday, July 15, 2009
Partition Ratio Evidence Should Have Been Admitted Even Before McNeal, say San Diego DUI Attorneys
Partition ratio evidence can be admitted, contend San Diego DUI Attorneys.
California Supreme Court Justice Corrigan wrote:
"2100-to-1 (partition) ratio overstates the actual amount of alcohol in his blood. For someone with an extremely low ratio of 1100 to 1, for example, use of the 2100-to-1 partition ratio would overstate blood-alcohol content by almost 50 percent."
All San Diego California DUI breath test machines multiply the result they get by 2100. But the lowest Partition Ratio is 1300:1 according to the McNeal case.
Assuming at the time of the test, so long as the usual body tempurature is normal:
a .06 can be as low as a .037
a .07 - .043
a .08 - .049
a .09 - .055
a .10 - .061
a .11 - .068
a .12 - .074
a .13 - .080
a .14 - .086
a .15 - .092
a .16 - .099
Oddly, under the new McNeal case, a San Diego California DUI criminal defense attorney can use scientific facts that the BAC reading is faulty to defend your client against the BAC-based presumption of being under the influence but not against the charge that your client was BAC was .08% or more.
Yet for years, before McNeal, California DUI Trial Judges precluded numerous Drunk Driving criminal defense attorneys from introducing evidence that a person's partition ratio may be different than the number the statute relies on for purposes of converting breath to blood. How unfair was that?
The United States Supreme Court, for 50 years, has clearly articulated the
principle that in our justice system, a defendant has the fundamental
right to present a defense and to present witnesses. In In re Oliver,
Justice Black declared that a defendant’s “right to his day in court” is
“basic in our system of jurisprudence” and includes “as a minimum, a right
to examine the witnesses against him, to offer testimony, and to be
represented by counsel.” In re Oliver, 333 U.S. 257, 273 (1948) (emphasis
added). Since then, the Supreme Court has again and again noted the
“fundamental” or “essential” character of a defendant’s right both to
present a defense, Crane v. Kentucky, 476 U.S. 683, 687, 690 (1986);
California v. Trombetta, 467 U.S. 479, 485 (1984); Webb v. Texas, 409 U.S.
95, 98 (1972); Washington v. Texas, 388 U.S. 14, 19 (1967), and to present
witnesses as a part of that defense. Taylor v. Illinois, 484 U.S. 400,
408 (1988); Rock v. Arkansas, 483 U.S. 44, 55 (1987); Chambers v.
Mississippi, 410 U.S. 284, 294, 302 (1973); Webb, 409 U.S. at 98;
Washington, 388 at 19. The Court has repeatedly stated that a defendant’s
right to a defense and right to present witnesses and evidence emanates
from the Sixth Amendment and the Due Process Clause of the Fourteenth
Amendment. Crane, 476 U.S. at 294; Strickland v. Washington, 466 U.S.
668, 684-85 (1984); Washington, 388 U.S. at 17-18.
The Sixth Amendment source of these rights is the Compulsory Process
Clause, which embraces “the right to have the witness’ testimony heard by
the trier of fact.” Taylor, 484 U.S. at 409. Washington formally
incorporated the Compulsory Process Clause into the Due Process Clause of
the Fourteenth Amendment. 388 U.S. at 17-19. That case stated:
The right to offer the testimony of witnesses, and to compel their
attendance, if necessary, is in plain terms the right to present a
defense, the right to present the defendant’s version of the facts as well
as the prosecution’s to the jury so it may decide where the truth lies.
Just as an accused has the right to confront the prosecution’s witnesses
for the purpose of challenging their testimony, he has the right to
present his own witnesses to establish a defense. This right is a
fundamental element of due process of law. Id. at 19.
The defense in this case is seeking to bring forward evidence related to
the section 23152(a) charge levied against him. Specifically, the defense
seeks to introduce evidence concerning the variability of partition
ratios. The State will likely argue that evidence on partition ratio
variability is inadmissible under People v. Bransford, 8 Cal. 4th 885
(1994).
In Bransford, the court held that a defendant is not entitled to raise
partition ratios to defend against section 23152(b), wherein he or she is
charged with having .08 percent or greater blood alcohol concentration.
Bransford reasoned that, as amended, the statute defined the offense in
terms of specific grams of alcohol per liter of breath, thereby rendering
partition ratios comparing volume of blood to volume of breath irrelevant
and therefore inadmissible. Id., at 893. Yet Bransford was silent on the
relevance of partition ratio evidence to charges brought under section
23152(a).
People v. Acevedo, 113 Cal.Rptr.2d 437 (2001), interpreted Bransford to be
self-limiting. Acevedo applied Bransford exclusively to section 23152(b),
and to breath-alcohol, rather than blood-alcohol or urine-alcohol, test
result challenges. Id. at 441-43. Accordingly, the Acevedo court found
that People v. Lepine, 263 Cal.Rptr. 543 (1989), rather than Bransford,
applies when urine-alcohol test results are at issue. Following the
Acevedo court’s reasoning, Lepine also controls when section 23152(a),
rather than section 23152(b) charges are at issue. Under Lepine, a jury
is allowed to consider that partition ratios may vary from time to time
and from individual to individual.
State v. Hanks, 772 A.2d 1087 (1998), the only court to squarely address
Bransford’s application to partition ratios outside of section 23152(b)
breath-alcohol test result challenges, also construes Bransford narrowly.
At issue in Hanks is a Vermont statute that, like section 23152,
distinguishes between so-called “generic” DUI violations that make it
unlawful to drive while under the influence of intoxicating liquor, and
“per se” DUI violations that make it unlawful to drive with a
blood-alcohol concentration above a specified level. The Hanks court
ruled that a defendant can introduce partition ratio evidence to defend
against a “generic” statutory DUI charge. According to Hanks, Bransford
only controls when “per se” statutory DUI charges are at issue. Hanks
stated:
Because defendant is charged with driving while under the influence rather
than driving with an alcohol concentration exceeding the statutory limit,
admitting scientifically accepted evidence concerning the variability of
partition ratios will not negate a statutory offense or even an element of
a statutory offense; rather, it will merely allow defendant to challenge
the permissive inference and the State’s charge that he was impaired.
Id. at 1092-93. We agree.
“The Sixth Amendment guarantees the right of an accused in a criminal
prosecution to be confronted with the witnesses against him.” Alvarado
v. Superior Court, 23 Cal.4th 1121, 1137 (2000). The right of
confrontation, “means more than being allowed to confront the witness
physically.” Id. Indeed, “[t]he main and essential purpose of
confrontation is to secure for the opponent the opportunity of
cross-examination.” Id. The presumption of a person with a
blood-alcohol content of .08 or greater being under the influence of
intoxicating liquor is one affecting the burden of proof and requires the
defendant to raise a reasonable doubt as to the existence of the presumed
fact. Evidence of partition ratio variability has long been used in this
state to rebut this presumption in the section 23152(a) context. See
People v. Campos, 188 Cal.Rptr. 366 (1982). It is clear, under both
Acevedo and Hanks, that Bransford does not render this evidence
inadmissible to defend against section 23152(a) prosecutions.
If you are in need a San Diego California DUI attorney, consider a free online consultation today.
California Supreme Court Justice Corrigan wrote:
"2100-to-1 (partition) ratio overstates the actual amount of alcohol in his blood. For someone with an extremely low ratio of 1100 to 1, for example, use of the 2100-to-1 partition ratio would overstate blood-alcohol content by almost 50 percent."
All San Diego California DUI breath test machines multiply the result they get by 2100. But the lowest Partition Ratio is 1300:1 according to the McNeal case.
Assuming at the time of the test, so long as the usual body tempurature is normal:
a .06 can be as low as a .037
a .07 - .043
a .08 - .049
a .09 - .055
a .10 - .061
a .11 - .068
a .12 - .074
a .13 - .080
a .14 - .086
a .15 - .092
a .16 - .099
Oddly, under the new McNeal case, a San Diego California DUI criminal defense attorney can use scientific facts that the BAC reading is faulty to defend your client against the BAC-based presumption of being under the influence but not against the charge that your client was BAC was .08% or more.
Yet for years, before McNeal, California DUI Trial Judges precluded numerous Drunk Driving criminal defense attorneys from introducing evidence that a person's partition ratio may be different than the number the statute relies on for purposes of converting breath to blood. How unfair was that?
The United States Supreme Court, for 50 years, has clearly articulated the
principle that in our justice system, a defendant has the fundamental
right to present a defense and to present witnesses. In In re Oliver,
Justice Black declared that a defendant’s “right to his day in court” is
“basic in our system of jurisprudence” and includes “as a minimum, a right
to examine the witnesses against him, to offer testimony, and to be
represented by counsel.” In re Oliver, 333 U.S. 257, 273 (1948) (emphasis
added). Since then, the Supreme Court has again and again noted the
“fundamental” or “essential” character of a defendant’s right both to
present a defense, Crane v. Kentucky, 476 U.S. 683, 687, 690 (1986);
California v. Trombetta, 467 U.S. 479, 485 (1984); Webb v. Texas, 409 U.S.
95, 98 (1972); Washington v. Texas, 388 U.S. 14, 19 (1967), and to present
witnesses as a part of that defense. Taylor v. Illinois, 484 U.S. 400,
408 (1988); Rock v. Arkansas, 483 U.S. 44, 55 (1987); Chambers v.
Mississippi, 410 U.S. 284, 294, 302 (1973); Webb, 409 U.S. at 98;
Washington, 388 at 19. The Court has repeatedly stated that a defendant’s
right to a defense and right to present witnesses and evidence emanates
from the Sixth Amendment and the Due Process Clause of the Fourteenth
Amendment. Crane, 476 U.S. at 294; Strickland v. Washington, 466 U.S.
668, 684-85 (1984); Washington, 388 U.S. at 17-18.
The Sixth Amendment source of these rights is the Compulsory Process
Clause, which embraces “the right to have the witness’ testimony heard by
the trier of fact.” Taylor, 484 U.S. at 409. Washington formally
incorporated the Compulsory Process Clause into the Due Process Clause of
the Fourteenth Amendment. 388 U.S. at 17-19. That case stated:
The right to offer the testimony of witnesses, and to compel their
attendance, if necessary, is in plain terms the right to present a
defense, the right to present the defendant’s version of the facts as well
as the prosecution’s to the jury so it may decide where the truth lies.
Just as an accused has the right to confront the prosecution’s witnesses
for the purpose of challenging their testimony, he has the right to
present his own witnesses to establish a defense. This right is a
fundamental element of due process of law. Id. at 19.
The defense in this case is seeking to bring forward evidence related to
the section 23152(a) charge levied against him. Specifically, the defense
seeks to introduce evidence concerning the variability of partition
ratios. The State will likely argue that evidence on partition ratio
variability is inadmissible under People v. Bransford, 8 Cal. 4th 885
(1994).
In Bransford, the court held that a defendant is not entitled to raise
partition ratios to defend against section 23152(b), wherein he or she is
charged with having .08 percent or greater blood alcohol concentration.
Bransford reasoned that, as amended, the statute defined the offense in
terms of specific grams of alcohol per liter of breath, thereby rendering
partition ratios comparing volume of blood to volume of breath irrelevant
and therefore inadmissible. Id., at 893. Yet Bransford was silent on the
relevance of partition ratio evidence to charges brought under section
23152(a).
People v. Acevedo, 113 Cal.Rptr.2d 437 (2001), interpreted Bransford to be
self-limiting. Acevedo applied Bransford exclusively to section 23152(b),
and to breath-alcohol, rather than blood-alcohol or urine-alcohol, test
result challenges. Id. at 441-43. Accordingly, the Acevedo court found
that People v. Lepine, 263 Cal.Rptr. 543 (1989), rather than Bransford,
applies when urine-alcohol test results are at issue. Following the
Acevedo court’s reasoning, Lepine also controls when section 23152(a),
rather than section 23152(b) charges are at issue. Under Lepine, a jury
is allowed to consider that partition ratios may vary from time to time
and from individual to individual.
State v. Hanks, 772 A.2d 1087 (1998), the only court to squarely address
Bransford’s application to partition ratios outside of section 23152(b)
breath-alcohol test result challenges, also construes Bransford narrowly.
At issue in Hanks is a Vermont statute that, like section 23152,
distinguishes between so-called “generic” DUI violations that make it
unlawful to drive while under the influence of intoxicating liquor, and
“per se” DUI violations that make it unlawful to drive with a
blood-alcohol concentration above a specified level. The Hanks court
ruled that a defendant can introduce partition ratio evidence to defend
against a “generic” statutory DUI charge. According to Hanks, Bransford
only controls when “per se” statutory DUI charges are at issue. Hanks
stated:
Because defendant is charged with driving while under the influence rather
than driving with an alcohol concentration exceeding the statutory limit,
admitting scientifically accepted evidence concerning the variability of
partition ratios will not negate a statutory offense or even an element of
a statutory offense; rather, it will merely allow defendant to challenge
the permissive inference and the State’s charge that he was impaired.
Id. at 1092-93. We agree.
“The Sixth Amendment guarantees the right of an accused in a criminal
prosecution to be confronted with the witnesses against him.” Alvarado
v. Superior Court, 23 Cal.4th 1121, 1137 (2000). The right of
confrontation, “means more than being allowed to confront the witness
physically.” Id. Indeed, “[t]he main and essential purpose of
confrontation is to secure for the opponent the opportunity of
cross-examination.” Id. The presumption of a person with a
blood-alcohol content of .08 or greater being under the influence of
intoxicating liquor is one affecting the burden of proof and requires the
defendant to raise a reasonable doubt as to the existence of the presumed
fact. Evidence of partition ratio variability has long been used in this
state to rebut this presumption in the section 23152(a) context. See
People v. Campos, 188 Cal.Rptr. 366 (1982). It is clear, under both
Acevedo and Hanks, that Bransford does not render this evidence
inadmissible to defend against section 23152(a) prosecutions.
If you are in need a San Diego California DUI attorney, consider a free online consultation today.
Tuesday, July 14, 2009
San Diego DUI and California drunk driving numbers have dropped dramatically during the past thirty years
San Diego DUI and California drunk driving numbers have dropped dramatically during the past thirty years during which time we have seen tougher California DUI laws, stiffer enforcement and a shift in societal views on alcohol, a government survey found yesterday.
This survey released by the NHTSA found that 2.2% of drivers had BAC levels of .08% or more two years ago. The results represented a decline compared with studies conducted since 1973, when 7.5 % of the drivers surveyed were legally impaired.
An independent survey found for the first time that 16.3 % of nighttime weekend drivers tested positive for drugs. The most commonly detected drugs were marijuana (8.3 %), cocaine (3.9 %) and methamphetamine (1.3 %). DUI researchers said the presence of drugs may purportedly remain in a driver's system for weeks, making it difficult to know whether those drivers were impaired.
The survey examined weekend nighttime drivers, collecting breath samples to measure blood alcohol concentration. For the first time, it also collected oral fluid and blood samples to determine a driver's use of potentially impairing drugs.
Government researchers last conducted the study in 1996, when 4.3 % of drivers surveyed were legally intoxicated. Previously, in 1986, 5.4 % of the respondents were legally drunk.
There's been more stringent efforts by DUI law enforcement to reduce DUI & drunk driving and the use of ignition interlock devices for dui offenders. All 50 states and the District of Columbia have adopted a blood alcohol concentration of .08% as the legal limit for drivers.
The study found a higher risk of encountering drunken drivers in the early morning hours — 4.8% of drivers had an illegal blood alcohol level from the hours of 1 a.m. to 3 a.m. on Saturday. It found that 1.2 percent of drivers were legally drunk during the hours of 10 p.m. to midnight on Friday night, 1.2 percent of those surveyed were legally drunk while 2% were drunk during the daytime.
If you or a friend need San Diego DUI attorney assistance, check out the free online Survey.
This survey released by the NHTSA found that 2.2% of drivers had BAC levels of .08% or more two years ago. The results represented a decline compared with studies conducted since 1973, when 7.5 % of the drivers surveyed were legally impaired.
An independent survey found for the first time that 16.3 % of nighttime weekend drivers tested positive for drugs. The most commonly detected drugs were marijuana (8.3 %), cocaine (3.9 %) and methamphetamine (1.3 %). DUI researchers said the presence of drugs may purportedly remain in a driver's system for weeks, making it difficult to know whether those drivers were impaired.
The survey examined weekend nighttime drivers, collecting breath samples to measure blood alcohol concentration. For the first time, it also collected oral fluid and blood samples to determine a driver's use of potentially impairing drugs.
Government researchers last conducted the study in 1996, when 4.3 % of drivers surveyed were legally intoxicated. Previously, in 1986, 5.4 % of the respondents were legally drunk.
There's been more stringent efforts by DUI law enforcement to reduce DUI & drunk driving and the use of ignition interlock devices for dui offenders. All 50 states and the District of Columbia have adopted a blood alcohol concentration of .08% as the legal limit for drivers.
The study found a higher risk of encountering drunken drivers in the early morning hours — 4.8% of drivers had an illegal blood alcohol level from the hours of 1 a.m. to 3 a.m. on Saturday. It found that 1.2 percent of drivers were legally drunk during the hours of 10 p.m. to midnight on Friday night, 1.2 percent of those surveyed were legally drunk while 2% were drunk during the daytime.
If you or a friend need San Diego DUI attorney assistance, check out the free online Survey.
Monday, July 13, 2009
San Diego DMV issues after a DUI - legalities of sworn vs. unsworn drunk driving arrest report
San Diego DUI defense lawyers who want to attack the California DMV's license suspension action after a drunk driving arrest may consider the following argument.
On August 1, 2009, San Diego DUI defense lawyerRick Mueller will lecture about these DUI-related issues - and others - at the Loyola Law School annual DUI seminar.
Issues Presented for San Diego's DMV office after a San Diego DUI arrest:
Is this Cut & Paste of the PROBABLE CAUSE (PC) onto PAGE 2 of the DS 367 OFFICER’S STATEMENT permissible under MacDonald v. Guiterrez?
Can the arresting officer circumvent Vehicle Code section 13380 by copying, pasting and incorporating a portion of an unprepared arrest report which:
a) was not in existence at the time of execution and service of the DS 367,
and b) impossibly refers to events that happened after the report was completed?
Can an unsworn report – prepared AFTER the DS 367 – legally provide the relevant information otherwise required to be sworn under VC 13380?
Do the material and necessary PC facts – omitted at the time of preparation and service of the DS 367 – make the PC portion of the DS 367 blank and “devoid” of any information relevant to the enforcement action” in violation of MacDonald v. Guiterrez?
Is the Department barred from considering an unsworn report when the DS 367 (absent a proper PC statement) fails to comply with 13380 & Evidence Code 664?
If barred from considering an unsworn report, is the Department further barred from relying on an unsworn report to supplement or explain a DS 367 essentially devoid of the relevant PC information (at time of execution of the DS 367)?
Without admissible, sufficient & competent evidence, must the DMV's administrative action be set aside?
For answers to these San Diego DUI defense attorney questions, visit California DUI attorney blog.
On August 1, 2009, San Diego DUI defense lawyerRick Mueller will lecture about these DUI-related issues - and others - at the Loyola Law School annual DUI seminar.
On August 1, 2009, San Diego DUI defense lawyerRick Mueller will lecture about these DUI-related issues - and others - at the Loyola Law School annual DUI seminar.
Issues Presented for San Diego's DMV office after a San Diego DUI arrest:
Is this Cut & Paste of the PROBABLE CAUSE (PC) onto PAGE 2 of the DS 367 OFFICER’S STATEMENT permissible under MacDonald v. Guiterrez?
Can the arresting officer circumvent Vehicle Code section 13380 by copying, pasting and incorporating a portion of an unprepared arrest report which:
a) was not in existence at the time of execution and service of the DS 367,
and b) impossibly refers to events that happened after the report was completed?
Can an unsworn report – prepared AFTER the DS 367 – legally provide the relevant information otherwise required to be sworn under VC 13380?
Do the material and necessary PC facts – omitted at the time of preparation and service of the DS 367 – make the PC portion of the DS 367 blank and “devoid” of any information relevant to the enforcement action” in violation of MacDonald v. Guiterrez?
Is the Department barred from considering an unsworn report when the DS 367 (absent a proper PC statement) fails to comply with 13380 & Evidence Code 664?
If barred from considering an unsworn report, is the Department further barred from relying on an unsworn report to supplement or explain a DS 367 essentially devoid of the relevant PC information (at time of execution of the DS 367)?
Without admissible, sufficient & competent evidence, must the DMV's administrative action be set aside?
For answers to these San Diego DUI defense attorney questions, visit California DUI attorney blog.
On August 1, 2009, San Diego DUI defense lawyerRick Mueller will lecture about these DUI-related issues - and others - at the Loyola Law School annual DUI seminar.
Friday, July 10, 2009
Analysis of new breath test case on San Diego DUI cases
San Diego DUI criminal defense lawyers who study science and logic know the way San Diego drunk driving prosecutors presented cases was unfair in breath test cases. Now, the California Supreme Court wisely agreed with Arizona and Vermont that San Diego and California DUI breath test results can mean different things depending on the individual.
San Diego DUI criminal defense attorneys longed for this unanimous ruling deferring to science. Everyone knew breath test results are highly variable and often unreliable. San Diego DUI attorney prosecutors must deal with the reality that there are a number of inaccuracies with breath testing.
The question in the Timmie McNeal case was how much alcohol is in the bloodstream.
Alcohol is absorbed in the blood and carried through the brain to the liver and heart before diffusing in the lungs where it is exhaled in breath. "Henry's law" is used to convert the amount of alcohol vapor in the lungs to a blood-alcohol level.
Homeostatic variables
Breathalyzers assume that the subject being tested has a 2100-to-1 "partition ratio" in converting alcohol measured in the breath to estimates of alcohol in the blood. If the instrument estimates the BAC, then it measures weight of alcohol to volume of breath, so it will effectively measure grams of alcohol per 2100 ml of breath given. This measure is in direct proportion to the amount of grams of alcohol to every 100 ml of blood. Therefore, there is a 2100 to 1 ratio of alcohol in blood to alcohol in breath. However, this assumed "partition ratio" varies from 1300:1 to 3100:1 or wider among individuals and within a given individual over time. Assuming a true (and legal) blood-alcohol concentration of .07%, for example, a person with a partition ratio of 1500:1 would have a breath test reading of .10%—over the legal limit.
Most individuals do, in fact, have a 2100-to-1 partition ratio in accordance with William Henry's Law (1803), which states that when the water solution of a volatile compound is brought into equilibrium with air, there is a fixed ratio between the concentration of the compound in air and its concentration in water. This ratio is constant at a given temperature. The human body is 37 degrees Celsius on average. Breath leaves the mouth at a temperature of 34 degrees Celsius. Alcohol in the body obeys Henry's Law as it is a volatile compound and diffuses in body water. To ensure that variables such as fever and hypothermia could not be pointed out to influence the results in a way that was harmful to the accused, the instrument is calibrated at a ratio of 2100:1, underestimating by 9 percent. In order for a person running a fever to significantly overestimate, he would have to have a fever that would likely see the subject be in the hospital rather than driving in the first place. Studies suggest that about 1.8% of the population have a partition ratio below 2100. Thus, a machine using a 2100-to-1 ratio could actually under-report. As much as 14% of the population has a partition ratio above 2100, thus causing the machine to overestimate the BAC.
Further, the assumption that the test subject's partition ratio will be average—that there will be 2100 parts in the blood for every part in the breath—means that accurate analysis of a given individual's blood alcohol by measuring breath alcohol is difficult, as the ratio varies considerably.
Variance in how much one breathes out can also give false readings, usually low. This is due to biological variance in breath alcohol concentration as a function of the volume of air in the lungs, an example of a factor which interferes with the liquid-gas equilibrium assumed by the devices. The presence of volatile components is another example of this; mixtures of volatile compounds can be more volatile than their components, which can create artificially high levels of ethanol (or other) vapors relative to the normal biological blood/breath alcohol equilibrium.
A major scientific problem is that breath-to-blood ratios vary greatly throughout the population and fluctuate individually, influenced by such factors as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. That means the same breath-test result for one person's breath could signal intoxication while for another it could simply mean just 2 beers.
California has 2 distinct DUI - driving under the influence laws. The first law, impairment, requires proof that a driver and his driving was impaired. California DUI jurors are told they can presume someone is drunk if blood tests show at least a .08 percent level of alcohol.
The second law, passed by the Legislature in 1981 and updated in 1989, defined a drunk driver as someone with a BAC level of .08% or more regardless of impairment, appearance or behavior. Fiteen years ago, the California Supreme Court limited that definition to include Breathalyzer results, barring drivers charged with the second law from attacking the variability of the breath tests.
San Diego DUI defense attorneys had judges tell them they could not introduce variations in partition ratios, limiting true challenges to San Diego drunk driving breath test machines.
San Diego & California DUI Prosecutors unfairly charge folks with both versions of the law to increase the likelihood of a drunk driving conviction.
San Diego DUI Criminal Defense attorneys and drunk driving prosecutors agreed the state Supreme Court ruling on Thursday reopened the door to breath-test challenges. The court said evidence of the variability of tests can be shown to juries.
"Defense evidence is relevant to rebut the presumption that the defendant was intoxicated, but not to remove the presumption altogether," Justice Carol Corrigan wrote for the Supreme Court.
Prosecutors whined the California ruling will affect their ability to win convictions in DUI cases. "It will confuse jurors," said Margaret O'Malley, a Santa Barbara County prosecutor who represented the California District Attorneys Association before the high court. But San Diego DUI Defense attorneys disagree because jurors won't be confused when the truth comes out. The California Supreme Court now confirms in court what science already knew: one-size-fits-all breath tests don't necessarily reflect reality for all DUI suspects.
DUI defense lawyers remind that folks with one lung will naturally have more alcohol vapors in their breath than someone with two lungs. Drunk Driving defense attorneys should not be improperly barred from challenging the breath test. If you think you need help, answer the online survey.
San Diego DUI criminal defense attorneys longed for this unanimous ruling deferring to science. Everyone knew breath test results are highly variable and often unreliable. San Diego DUI attorney prosecutors must deal with the reality that there are a number of inaccuracies with breath testing.
The question in the Timmie McNeal case was how much alcohol is in the bloodstream.
Alcohol is absorbed in the blood and carried through the brain to the liver and heart before diffusing in the lungs where it is exhaled in breath. "Henry's law" is used to convert the amount of alcohol vapor in the lungs to a blood-alcohol level.
Homeostatic variables
Breathalyzers assume that the subject being tested has a 2100-to-1 "partition ratio" in converting alcohol measured in the breath to estimates of alcohol in the blood. If the instrument estimates the BAC, then it measures weight of alcohol to volume of breath, so it will effectively measure grams of alcohol per 2100 ml of breath given. This measure is in direct proportion to the amount of grams of alcohol to every 100 ml of blood. Therefore, there is a 2100 to 1 ratio of alcohol in blood to alcohol in breath. However, this assumed "partition ratio" varies from 1300:1 to 3100:1 or wider among individuals and within a given individual over time. Assuming a true (and legal) blood-alcohol concentration of .07%, for example, a person with a partition ratio of 1500:1 would have a breath test reading of .10%—over the legal limit.
Most individuals do, in fact, have a 2100-to-1 partition ratio in accordance with William Henry's Law (1803), which states that when the water solution of a volatile compound is brought into equilibrium with air, there is a fixed ratio between the concentration of the compound in air and its concentration in water. This ratio is constant at a given temperature. The human body is 37 degrees Celsius on average. Breath leaves the mouth at a temperature of 34 degrees Celsius. Alcohol in the body obeys Henry's Law as it is a volatile compound and diffuses in body water. To ensure that variables such as fever and hypothermia could not be pointed out to influence the results in a way that was harmful to the accused, the instrument is calibrated at a ratio of 2100:1, underestimating by 9 percent. In order for a person running a fever to significantly overestimate, he would have to have a fever that would likely see the subject be in the hospital rather than driving in the first place. Studies suggest that about 1.8% of the population have a partition ratio below 2100. Thus, a machine using a 2100-to-1 ratio could actually under-report. As much as 14% of the population has a partition ratio above 2100, thus causing the machine to overestimate the BAC.
Further, the assumption that the test subject's partition ratio will be average—that there will be 2100 parts in the blood for every part in the breath—means that accurate analysis of a given individual's blood alcohol by measuring breath alcohol is difficult, as the ratio varies considerably.
Variance in how much one breathes out can also give false readings, usually low. This is due to biological variance in breath alcohol concentration as a function of the volume of air in the lungs, an example of a factor which interferes with the liquid-gas equilibrium assumed by the devices. The presence of volatile components is another example of this; mixtures of volatile compounds can be more volatile than their components, which can create artificially high levels of ethanol (or other) vapors relative to the normal biological blood/breath alcohol equilibrium.
A major scientific problem is that breath-to-blood ratios vary greatly throughout the population and fluctuate individually, influenced by such factors as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. That means the same breath-test result for one person's breath could signal intoxication while for another it could simply mean just 2 beers.
California has 2 distinct DUI - driving under the influence laws. The first law, impairment, requires proof that a driver and his driving was impaired. California DUI jurors are told they can presume someone is drunk if blood tests show at least a .08 percent level of alcohol.
The second law, passed by the Legislature in 1981 and updated in 1989, defined a drunk driver as someone with a BAC level of .08% or more regardless of impairment, appearance or behavior. Fiteen years ago, the California Supreme Court limited that definition to include Breathalyzer results, barring drivers charged with the second law from attacking the variability of the breath tests.
San Diego DUI defense attorneys had judges tell them they could not introduce variations in partition ratios, limiting true challenges to San Diego drunk driving breath test machines.
San Diego & California DUI Prosecutors unfairly charge folks with both versions of the law to increase the likelihood of a drunk driving conviction.
San Diego DUI Criminal Defense attorneys and drunk driving prosecutors agreed the state Supreme Court ruling on Thursday reopened the door to breath-test challenges. The court said evidence of the variability of tests can be shown to juries.
"Defense evidence is relevant to rebut the presumption that the defendant was intoxicated, but not to remove the presumption altogether," Justice Carol Corrigan wrote for the Supreme Court.
Prosecutors whined the California ruling will affect their ability to win convictions in DUI cases. "It will confuse jurors," said Margaret O'Malley, a Santa Barbara County prosecutor who represented the California District Attorneys Association before the high court. But San Diego DUI Defense attorneys disagree because jurors won't be confused when the truth comes out. The California Supreme Court now confirms in court what science already knew: one-size-fits-all breath tests don't necessarily reflect reality for all DUI suspects.
DUI defense lawyers remind that folks with one lung will naturally have more alcohol vapors in their breath than someone with two lungs. Drunk Driving defense attorneys should not be improperly barred from challenging the breath test. If you think you need help, answer the online survey.
Thursday, July 09, 2009
San Diego social drinkers don't understand MADD's latest attempt to solicit help to bar Drunk Driving & eliminate DUI 's
Everytime you hear about the prohibition, you get MADD. These folks are up to their old tricks. San Diego DUI criminal defense attorneys are amazed at what lengths they will go to try and raise money for drunk driving enforcement.
If you need a defense today in a San Diego Drunk Driving or DMV case, consider the online survey at the San Diego County DUI Law Center; criminal defense attorney Rick Mueller will respond.
Here's their latest email:
"Dear MADD Supporter,
Can you picture a nation without drunk driving? Your assistance is urgently needed to help realize this vision by ensuring that many of the provisions of MADD’s Campaign to Eliminate Drunk Driving become federal law. Legislation has been introduced in the U.S. House of Representatives which seeks to require states to undertake a number of reforms to combat drunk driving consistent with the Campaign. The bill, known as the Surface Transportation Authorization Act of 2009, would improve highway safety by implementing the Campaign nationally.
In the 1980s, MADD fought successfully to establish 21 as the minimum legal drinking age. In the 1990s, MADD prevailed again in its fight to set .08 as the per se BAC limit. Now, in 2009, we MUST put the U.S. on the path towards eliminating drunk driving. To do this, we need your help and your voice. You must act immediately!
Are you up to the challenge? Then click here to email or call your Member of Congress and say that you support the impaired driving safety provisions in the Surface Transportation Authorization Act of 2009. With your help, we CAN eliminate drunk driving."
If you need a defense today in a San Diego Drunk Driving or DMV case, consider the online survey at the San Diego County DUI Law Center; criminal defense attorney Rick Mueller will respond.
Here's their latest email:
"Dear MADD Supporter,
Can you picture a nation without drunk driving? Your assistance is urgently needed to help realize this vision by ensuring that many of the provisions of MADD’s Campaign to Eliminate Drunk Driving become federal law. Legislation has been introduced in the U.S. House of Representatives which seeks to require states to undertake a number of reforms to combat drunk driving consistent with the Campaign. The bill, known as the Surface Transportation Authorization Act of 2009, would improve highway safety by implementing the Campaign nationally.
In the 1980s, MADD fought successfully to establish 21 as the minimum legal drinking age. In the 1990s, MADD prevailed again in its fight to set .08 as the per se BAC limit. Now, in 2009, we MUST put the U.S. on the path towards eliminating drunk driving. To do this, we need your help and your voice. You must act immediately!
Are you up to the challenge? Then click here to email or call your Member of Congress and say that you support the impaired driving safety provisions in the Surface Transportation Authorization Act of 2009. With your help, we CAN eliminate drunk driving."
Wednesday, July 08, 2009
San Diegan Matt Bush's San Diego DUI criminal defense lawyer pled not guilty to drunk driving / North San Diego County DUI arrest report
San Diegan Matt Bush's San Diego DUI criminal defense lawyer pled not guilty to drunk driving, resisting arrest and vandalism in connection with the parked car accident.
A San Diego DUI criminal defense attorney entered pleas for Bush on Wednesday in a San Diego County courtroom. San Diego Drunk Driving Criminal Defense Lawyer Gregory Daniels said the pitcher is in a rehabilitation location.
The San Diego Padres drafted Bush with the first pick 5 years ago but traded him to Toronto.
In other holiday news, North San Diego DUI law enforcement agencies paid for extra DUI patrols for the 4th of July weekend. 21 people were arrested for San Diego DUI on North San Diego County over the 4 of July weekend, 3 drunk driving arrests more than last year.
Although more DUI arrests were made this year by CHP in the North San Diego County, there were no traffic fatalities on CHP-monitored roadways during the holiday weekend throughout the San Diego-area.
CHP made 88 San Diego County DUI arrests, 66 fewer than last year.
The San Diego Sheriff’s Department arrested 13 people suspected of a San Diego or drunk driving. DUI Deputies in Encinitas, San Marcos and Vista each recorded 4 DUI arrests over the holiday weekend, while Carlsbad Police Department made 1 DUI arrest over the 4th of July weekend.
If you or someone you care about need a San Diego DUI defense lawyer, fill out the free online survey today.
A San Diego DUI criminal defense attorney entered pleas for Bush on Wednesday in a San Diego County courtroom. San Diego Drunk Driving Criminal Defense Lawyer Gregory Daniels said the pitcher is in a rehabilitation location.
The San Diego Padres drafted Bush with the first pick 5 years ago but traded him to Toronto.
In other holiday news, North San Diego DUI law enforcement agencies paid for extra DUI patrols for the 4th of July weekend. 21 people were arrested for San Diego DUI on North San Diego County over the 4 of July weekend, 3 drunk driving arrests more than last year.
Although more DUI arrests were made this year by CHP in the North San Diego County, there were no traffic fatalities on CHP-monitored roadways during the holiday weekend throughout the San Diego-area.
CHP made 88 San Diego County DUI arrests, 66 fewer than last year.
The San Diego Sheriff’s Department arrested 13 people suspected of a San Diego or drunk driving. DUI Deputies in Encinitas, San Marcos and Vista each recorded 4 DUI arrests over the holiday weekend, while Carlsbad Police Department made 1 DUI arrest over the 4th of July weekend.
If you or someone you care about need a San Diego DUI defense lawyer, fill out the free online survey today.
Tuesday, July 07, 2009
Man loses leg, faces DUI Murder in San Diego DUI accident which caused 8 hour closing of 76
Silverio Romero lost a leg in an April San Diego area DUI accident. He now faces 15 years to life in prison if convicted. Romero was arrested after he tried to evade police and caused a drunk driving accident on State Route 76 that killed Moreno Valley musician Douglas Tarry, 27, and injured James and Jennifer Riley.
Vista California Superior Court Judge Aaron Katz said enough evidence was presented for Romero to stand trial on charges of murder, gross vehicular manslaughter while intoxicated, felony evading causing great bodily injury, felony DUI with injury and driving without a valid license.
After a traffic stop, Romero suddenly sped off, fleeing at speeds exceeding 100 mph and veering between all the lanes and the right-hand shoulder.
7 miles to the south, Romero merged onto SR-76 in the Pala Mesa Village area and headed west, running a red light at Old Highway 395.
The Explorer crossed over a set of double yellow lines and into an eastbound lane, where it collided head-on with a 1999 Toyota Tacoma truck driven by 27-year old Douglas Tarry of Moreno Valley.
The suspect continued driving the wrong way for a short time before his SUV collided with an oncoming 2004 Ford F-350 truck carrying the Rileys. The Explorer then overturned and tumbled down an embankment.
If you or your attorney need a DUI attorney, call 1 800 THE LAW DUI.
Vista California Superior Court Judge Aaron Katz said enough evidence was presented for Romero to stand trial on charges of murder, gross vehicular manslaughter while intoxicated, felony evading causing great bodily injury, felony DUI with injury and driving without a valid license.
After a traffic stop, Romero suddenly sped off, fleeing at speeds exceeding 100 mph and veering between all the lanes and the right-hand shoulder.
7 miles to the south, Romero merged onto SR-76 in the Pala Mesa Village area and headed west, running a red light at Old Highway 395.
The Explorer crossed over a set of double yellow lines and into an eastbound lane, where it collided head-on with a 1999 Toyota Tacoma truck driven by 27-year old Douglas Tarry of Moreno Valley.
The suspect continued driving the wrong way for a short time before his SUV collided with an oncoming 2004 Ford F-350 truck carrying the Rileys. The Explorer then overturned and tumbled down an embankment.
If you or your attorney need a DUI attorney, call 1 800 THE LAW DUI.
Monday, July 06, 2009
CHP San Diego, Santee and Imperial County tally up DUI arrests, Rick Mueller offers drunk driivng defense attorney solutions
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a