San Diego DUI / DMV Defense Attorney Center Blog

Poway & SDPD DUI Checkpoints Thanksgiving 2009

2009-11-29T19:19:00.000-08:00

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.

List of Superb rated San Diego DUI attorneys report San Diego drunk driving checkpoint results out of Escondido for Thanksgiving

2009-11-28T10:00:00.000-08:00

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.

San Diego DUI attorneys report drunk driving arrests are up this Thanksgiving holiday weekend so far - but what is this "Zero Tolerance"?

2009-11-27T15:33:00.000-08:00

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.

Babysitter has been arrested after DWI police said he drove Drunk with a seven year old boy on top of his vehicle

2009-11-24T18:17:00.001-08:00

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.

Checkpoint tonight in California must follow California law in Victorville DUI roadblock

2009-11-21T09:08:00.000-08:00

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

San Diego DUI checkpoint in Escondido Saturday

2009-11-20T08:38:00.001-08:00

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.

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

2009-11-18T08:42:00.000-08:00

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.

Contact a San Diego DUI Criminal Defense Lawyer from this list

2009-11-17T08:31:00.000-08:00

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

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

. 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:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

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DUI Help

2009-11-12T16:35:00.000-08:00

Superb-rated

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

Annual DUI Seminar

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!

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San Diego DUI Criminal Defense Attorney flourishes at recent California drunk driving seminars

2009-11-12T16:24:00.000-08:00

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 DMV offices closed on fridays in November

2009-11-11T16:33:00.000-08:00

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.

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%

2009-11-08T13:07:00.000-08:00

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 .

On days when folks get bailed out of jail after drunk driving arrests, San Diego DUI / DMV Attorney Rick Mueller is there to help

2009-11-07T09:38:00.000-08:00

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:

California DUI Attorney

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Superb - rated San Diego California Drunk Driving Attorney for folks

2009-11-05T09:36:00.000-08:00

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.:

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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!

2009-11-03T14:51:00.000-08:00

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:

San Diego DUI Lawyer

San Diego DUI

San Diego DUI Checkpoint this Halloween Weekend

2009-11-01T16:50:00.000-08:00

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.

San Diego DUI Criminal Defense Attorneys recognize that Superb-rated Rick Mueller specializes in California DUI and DMV law

2009-10-31T12:26:00.000-07:00

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.
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San Diego DUI Lawyers who are notably aggressive:

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Different ways to challenge San Diego DUI breath tests

2009-10-29T14:55:00.000-07:00

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.

Too many points on your DMV Printout resulting in a California license suspension? This San Diego DUI criminal defense attorney can help !

2009-10-28T14:24:00.000-07:00

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.

Watch how a San Diego DUI & DMV Defense Lawyer Does It!!

2009-10-27T08:04:00.000-07:00

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:

San Diego DUI Lawyer

California DUI Attorney

Basic, initial questions for a prosective San Diego DUI criminal defense lawyer

2009-10-25T14:23:00.000-07:00

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.

Wealth of information offered by San Diego DUI criminal defense attorney Rick Mueller of the San Diego County DUI Law Center

2009-10-24T13:09:00.000-07:00

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:

San Diego DUI

San Diego DUI checkpoint in Escondido Friday!!

2009-10-22T19:32:00.000-07:00

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.

San Diego DUI breath machines are neither reliable nor scientifically infallible!!

2009-10-21T14:52:00.000-07:00

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.

Source code is the human readable representation of the software/ Source code is converted to the instructions that control the San Diego DUI machine.

2009-10-20T15:02:00.000-07:00

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.