San Diego DUI / DMV Defense Attorney Center Blog

Next Month's California DUI Lawyers Association Seminar Lineup!

2010-02-08T13:52:00.000-08:00

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.

How To Convince Men To Drive Drunk

2010-02-05T16:17:00.000-08:00

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.

Hassle-free San Diego California DUI lawyer help for San Diego California DUI court and San Diego California DMV

2010-02-04T08:50:00.000-08:00

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

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

.

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:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

Video of San Diego DUI / DMV Attorney

Very Strict Drunk Driving Laws across California's border to the east: Arizona DUI / DWI Penalties

2010-01-29T12:30:00.001-08:00

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.

San Diego DMV / DUI Lawyers explain the process of trying to get your license back after being arrested for drunk driving

2010-01-26T07:43:00.000-08:00

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

Annual DUI Seminar

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:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

Video of San Diego DUI / DMV Attorney

Can you trust a San Diego DUI police officer?

2010-01-22T16:43:00.000-08:00

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?

San Diego Charger Vince Jackson cited for driving on a license suspended as a result of most recent DUI

2010-01-18T16:01:00.000-08:00

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.

San Diego DUI Criminal Defense Lawyer helps Chargers!

2010-01-16T07:39:00.000-08:00

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.

Begin with important Free San Diego DUI Defense Survey for Criminal Attorney Evaluation

2010-01-15T07:37:00.000-08:00

San Diego DUI defense attorney Specialist Rick Mueller is a

Top-rated

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

Annual DUI Seminar

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

San Diego DUI criminal defense lawyers discuss a San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial

2010-01-12T08:08:00.000-08:00

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

Annual DUI Seminar

A Day in the Desert with the DUI Experts - Annual DUI seminar

. Attorney

Video of San Diego DUI / DMV Attorney

San Diego DUI Links and Drunk Driving Resources

2010-01-08T14:07:00.000-08:00

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

Twitter those arrested for drunk driving in Texas

2010-01-05T08:04:00.000-08:00

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.

.70% BAC may be a record BAC in a DUI case, 9 times over California DUI limit

2010-01-02T17:56:00.000-08:00

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.

San Diego DUI Criminal Defense Attorney Rick Mueller is the only DMV - DUI attorney who was the featured Speaker

2009-12-26T07:43:00.000-08:00

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

Annual DUI Seminar

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:

San Diego DUI Lawyer

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San Diego Drunk Driving Criminal Defense Attorney Blog

Problem-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV

2009-12-24T07:05:00.000-08:00

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

Annual DUI Seminar

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:

San Diego DUI Lawyer

San Diego DUI charge with priors plus conviction for second-degree murder, gross vehicular manslaughter while intoxicated and hit-and-run death

2009-12-19T13:50:00.000-08:00

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.

San Diego County Sheriff's Department will have a special priority in its anti-DUI strategies: impaired driving among teenagers

2009-12-18T16:41:00.000-08:00

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.

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2009-12-18T07:22:00.000-08:00

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Dead DUI cop means unreliable hearsay from another cop in Judge's drunk driving trial

2009-12-14T13:41:00.000-08:00

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.

Checkpoint warning: San Diego DUI criminal defense lawyers reach out to help the public

2009-12-12T11:49:00.001-08:00

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.

Teen Accidents & a 547 day custody sentence for a San Diego DUI fatality

2009-12-11T12:31:00.000-08:00

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.

When a cop gets arrested, it reflects negatively on the profession to some extent. Police should not receive any preferential treatment and matters

2009-12-10T16:00:00.000-08:00

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.
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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.

DUI enforcement on SR-67 San Diego County approaches a new level

2009-12-09T17:01:00.000-08:00

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.

Friends Don't Let Friends Drive Drunk - if they do and the friend gets a San Diego DUI, can they face charges, too?

2009-12-06T11:59:00.001-08:00

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.

San Diego DUI criminal defense attorneys remind the public of a DUI Checkpoint this weekend

2009-12-04T16:46:00.000-08:00

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.