San Diego DUI / DMV Defense Attorney Center Blog

If stopped at Costa Mesa / San Diego California DUI Checkpoint, what do you do, and more importantly, what do you not do!

2009-07-02T16:05:00.000-07:00

San Diego's La Mesa Police Department is having a 4th of July DUI checkpoint.

San Diego DUI checkpoints are subject to strict rules and regulations.

The La Mesa Police Department will have extra California DUI officers on patrol that are specifically looking for drunk drivers this 4th of July weekend.

As part of the San Diego County AVOID the DUI campaign, many more cops will be looking for drunk drivers and asking questions folks do NOT have to answer, and asking folks to do things they don't have to do.

If you the San Diego / La Mesa DUI officer contacts you in the checkpoint or asks you to go to secondary for a California DUI assessment, politely roll down your window and perhaps put your hands on the steering wheel.

If a San Diego / La Mesa DUI officer asks you if you for anything other than (1) License, (2) Registration, and (3) Insurance, remember you don't have to answer. Just give them the three items and politely wait.

Do not make any statements to the La Mesa DUI cop.

The million dollar question the San Diego / La Mesa DUI officer is likely to ask is, "Have you had anything to drink tonight?"

Remember you are not required to speak to La Mesa checkpoint / drunk driving officers. Be brave and hold your ground.

San Diego Checkpoint La Mesa cops are trying to collect DUI evidence against you. Please do not give the officer anything other than license, registration and insurance.

"Officer, I understand and respect what you do for a living, but I do not want to answer any of your questions." You do NOT have to answer anything. If the cop insists, give him the name of a San Diego DUI attorney like Rick Mueller and his phone number: 1 800 THE LAW DUI. You know your rights.

The less DUI evidence the cops get, the better for you. If you have alcohol on your breath, you will get arrested anyway. But do not give the San Diego DUI checkpoint officer anything to put in that report that she or he can use against you later.

The San Diego / La Mesa DUI officer may ask you to perform some acrobatics or gymnastics aka field sobriety tests. Please remember to let him or her know that you do not wish to participate in any tests. You are not required to comply. San Diego DUI officers try to give some tests to try to figure out if you are impaired (but mostly just to collect evidence and point out the things you allegedly did wrong).

Many San Diego / La Mesa drunk driving cops learn how to do these tests, and thereafter forget them, often making up their own series of "tests." Please do not do them. Polite hold the course and continue to say that you do not wish to perform and tests. You have that right.

The San Diego / La Mesa DUI cop may ask you to blow into a hand-held, breath test gadget. Unless you are on DUI probation, please do not blow in the little box.

Hand-held breath test gadgets are unreliable, and often "display" falsely elevated numbers which are higher than your true BAC. Do not blow in the little box.

NO ROADSIDE/PRELIMINARY BREATH TEST IS "ALCOHOL SPECIFIC." Other junk (soy sauce, white bread, etc.) falsely tests positive as "alcohol."

Under the California Vehicle Code, you are NOT required to blow into the little hand held machine; you are entitled to refuse the little breath test.

But you must provide blood or breath on a big breath test machine per California's implied consent laws; do one (not both) and that's it. Nothing more. Politely.

For more information on how to avoid a San Diego DUI this weekend, visit How to Avoid a DUI.

San Diego DUI Attorney Rick Mueller is a superb (Avvo-rated) San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 yrs exp

2009-07-01T08:03:00.000-07:00

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. Trustworthy San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.

San Diego DUI Attorney Rick Mueller is a superb (Avvo-rated) San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 years of 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. Consider completing Free Evaluation for your best San Diego DUI defense attorney strategy.

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San Diego Drunk Driving Probation terms monitored by SCRAM? Retain an extremely experienced San Diego DUI attorney

2009-06-29T20:15:00.000-07:00

If you have been facing possible violation of your San Diego Drunk Driving Probation terms while being monitored by a device like SCRAM, consider employing a top San Diego DUI attorney who knows what to do. San Diego DUI officers and San Diego drunk driving judges are testing a new gadget which is supposed to monitor repeat San Diego DUI offenders for alcohol.

Secure Continuous Remote Alcohol Monitor (SCRAM), fits on the ankle of the offender and monitors alcohol consumption. The data get regularly piped to a secure facility in Colorado for analysis. Guests at the 15th annual Drug Court Training Conference held at the Anaheim Convention Center tested out this SCRAM system over to the weekend. All told, already 2,000 Southern California DUI offenders wear SCRAM devices. There are nearly 10,000 SCRAMs in use across the US. The system uses sophisticated sensors to test alcohol concentration in the sweat and supposedly can detect when an offender has tampered with it. Prosecutors contend that fitting SCRAM devices on offenders deters repeat DUI events. However, privacy advocates counter that the monitoring system goes too far and that its accuracy has not been sufficiently proven and beta-tested. Moreover, SCRAM detractors argue that the system presumes the guilt of offenders, who can be mandated to wear the device for up to 90 days.

Complete free survey today if arrested for drunk driving and in need of a premier San Diego DUI defense lawyer.

San Diego Sports Broadcaster's name cleared after unwarranted DUI arrest

2009-06-25T08:17:00.000-07:00

San Diego's City Attorney's Office drops San Diego California DUI charges against Kyle Kraska, the well-known sports director of Channel 8. The CA will not file any San Diego drunk driving - related charges. Apparently, in any criminal action, he would not be found guilty beyond a reasonable doubt due to undisclosed proof issues. His BAC level has not been reported but as a responsible person it is likely he was under the .08% level and drove lawfully after legally drinking alcohol.

San Diego DUI Police maintain the officer was standing outside his patrol car at about 8:20 p.m. when he saw a car coming around the bend. The officer said he flashed his lights and had to move out of the way so he wouldn't get hit, according to the police spokesperson. The driver then lawfully pulled into the driveway of his home nearby.

We in San Diego are happy his name has been cleared.

If someone is legitimately arrested for a San Diego DUI, it is a good idea to peruse the free online Survey.

San Diego DUI BAC increases after drinking and taking aspirin

2009-06-24T19:59:00.000-07:00

Aspirin increases blood alcohol concentrations in humans after ingestion of ethanol

Any drug that is absorbed from the stomach and intestine must first pass through the liver before reaching the circulation. If the drug is metabolized, such as in the liver, before reaching the circulation, there will be less active drug available to exert its therapeutic effects. The decrease in bioavailability, or availability of a drug at its sites of action, due to its metabolism before reaching the circulation, is known as the first-past effect. Ethanol undergoes oxidation, a metabolic reaction, in the stomach, and this reaction was shown to be an important factor in determining the blood levels of alcohol. Fasting, alcohol abuse, and female gender are associated with diminished first-pass metabolism. Certain drugs, such as cimetidine and ranitidine, used to treat ulcers, also affect first-pass metabolism and gastric alcohol dehydrogenase (ADH), an enzyme involved in alcohol metabolism. Treatment with these agents is associated with elevated blood alcohol levels after ingestion of only small or moderate doses of ethanol. Aspirin, which is commonly used to relieve pain and treat rheumatic disorders, can cause adverse gastrointestinal side effects. The effects of aspirin on ADH and first-pass metabolism of ethanol were assessed in five healthy volunteers given 0.3 grams per kilogram of body weight. Ingestion of one gram of aspirin one hour before alcohol intake was associated with higher blood levels of alcohol in the fed state, defined as one hour after a standard breakfast, as compared with levels in the absence of aspirin ingestion. Aspirin was shown to decrease the activity of ADH in the stomach of humans and experimental rats, but not the activity of rat liver ADH. Aspirin had no effect on blood alcohol levels in rats when alcohol was given directly into the circulation. These findings suggest that aspirin increases the blood levels of alcohol in humans by decreasing the metabolism of ethanol by gastric ADH. (Consumer Summary produced by Reliance Medical Information, Inc.)

author: Baraona, Enrique, Lieber, Charles S., Roine, Risto, Gentry, R. Thomas, Hernandez-Munoz, Rolando

Publisher: American Medical Association
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1990

Once retained, your San Diego DUI criminal defense attorney has 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office

2009-06-23T13:08:00.000-07:00

If arrested for a DUI in San Diego, you want to know what goes on at the DMV in order to try to save your driver's license. For more information by a premier San Diego DUI Lawyer, visit these helpful drunk driving attorney sites:

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Once retained, your San Diego DUI criminal defense attorney has 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 expires. A San Diego DUI defense lawyer's defenses at an APS hearing are specialized and technical, different from San Diego Superior criminal court. Recurring San Diego DUI / DMV proof problems, including legal and procedural issues, are fertile grounds for prevailing at the hearing and keeping one's license.

A San Diego DMV hearing for an administrative per se license suspension action has unique 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.

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.

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.

If your San Diego DUI lawyer pursues an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismi

2009-06-21T09:38:00.000-07:00

The best San Diego DUI lawyer will vigorously investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego DUI officer followed proper standards.

To save your driver's license or privileges, your San Diego DMV lawyer has only ten (10) calendar days to contact DMV!

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

If all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego dui case to the most professional extent.

Your first San Diego DUI offense is the best opportunity for a San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.

A top-rated San Diego DUI attorney will be one with over 25 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.

On May 30, 2009, 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 have been arrested or cited for a DUI or drunk driving offense that occurred in the San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case.

An experienced 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.

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.

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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"Police officers aren't above the law," says San Diego Prosecutor in shooting of DUI driver

2009-06-19T12:51:00.000-07:00

San Diego Superior Court jury is deciding if gross negligence got the best of San Diego police officer charged in an off-duty shooting that left a mother and her young son wounded.

San Diego police department officer White fired five bullets at Rachel Silva in the right arm and also hit her son in the leg.

To quote the San Diego DA prosecutor:

“I think it is fairly obvious why we are here. All people should be held accountable for their actions. Police officers aren't above the law."

Officer White claimed he feared for his life and that of his wife when Silva drove her car aggressively toward him. White also says he didn't know Silva's son was in the car.

Silva faces sentencing next month after San Diego DUI tests showed she had marijuana in her system and enough alcohol to be considered drunk. She pleaded guilty to felony child endangerment and San Diego DUI.

If you or a loved one face San Diego drunk driving or DUI charges, research San Diego DUI attorney specialists including Rick Mueller.

San Diego DMV proceedings are "slightly relaxed" but not completely relaxed in post - DUI arrest cases: MacDonald, Solovij, 13380 visited

2009-06-18T09:55:00.000-07:00

San Diego DUI and DMV defense attorneys constantly try to remind the local office of important laws.

After the Solovij case was decided, DMV sent out that 3 page memo to all law enforcement agencies dated June 13, 2001 from Roger E. Hagen.

Page 3 has the chart "Examples of Probable Cause" listing two categories: Insufficient and Sufficient examples.

In the Insufficient Examples are listed:

Erratic driving
Weaving
Illegal maneuver
Illegal turn
Reckless Driving
Almost Caused Accident
Improper lane usage
Unsafe lane change
Speeding or driving in violation of Section 22350; basic speed

While "following too close" is not mentioned specifically, certainly it is conclusory, as are many other insufficient examples which must be more detailed and specific.

MacDonald v. Guiterrez ' California Supreme Court may have relieved the officer of including ALL information relevant to the enforcement action holding that ONLY * "technical omissions" in a DS 367 may be supplemented or explained by the unsworn report.

That is different from substantive or material omissions, affecting the Respondent's substantial rights.

DMV has the Burden of Proof to lawfully and properly establish Lawful Arrest, Reasonable Cause & Probable Cause (PC) - a conclusory objection is appropriate.

Respondent's substantial rights are affected by any failure of the cop to comply with his duty to provide relevant info re: PC.

* Technical is defined as immaterial, not affecting substantial rights, without substance. [Englebretson v. Industrial Accident Commission 170 Cal. 793, 151 P. 421, 422; Black's Law Dictionary 4th Ed. p. 1632]

MacDonald pointed out the problem at the time of Solovi:

"The problem is that the form designed by DMV gives the arresting officer only 2 and a half lines to describe the facts and circumstances..."

But now that problem is gone.

DMV improved is form giving the officer a full 8 1/2 by 11" page with 16 to 18 lines in order to DESCRIBE IN DETAIL THE FACTS AND CIRCUMSTANCES, not provide a conclusion without foundational or underlying facts, specific and supportive of that conclusion.

Admissibility may have been slightly relaxed under MacDonald but not unlimited. Daniels v. DMV still demands a "showing by substantial competent evidence of facts supporting a suspension." [33 Cal. 3d 532, 536]

There's a balance between the California Evidence Code, the Vehicle Code, including section 13380 and the Government Code.

Without overruling Daniels, MacDonald limited itself to that 2 1/2 lines probem:
"(We) must not lose sight of the reason for the 'slight relaxation' of the rules of evidence applicable to an APS review hearing..."

DMV needs to be remembered that the APS proceedings are "relaxed" but only "slightly relaxed."

Not completely relaxed!!

74% of those suspected of a San Diego DUI in Imperial Beach were really not under the influence or drunk at last weekend's checkpoint

2009-06-17T15:20:00.000-07:00

Only 6 out of 23 people who were given San Diego DUI field sobriety tests were actually arrested for San Diego drunk driving. That means about 26% of the persons who San Diego DUI police thought were impaired or DUI were; that also means about 74% of those who the San Diego drunk driving "authorities" thought were impaired or DUI were NOT.

San Diego County DUI deputies from the Imperial Beach Sheriff’s station conducted a San Diego California DUI driving under the influence/driver’s license checkpoint on June 12, 2009 from 7:30 p.m. to 2:00 a.m. in the 900 block of Palm Avenue, in the City of Imperial Beach.

These checkpoints must follow the California Supreme Court requirements, even in San Diego.

San Diego Drunk Driving Checkpoint Activity:

Vehicles Contacted: 990

Vehicles Through Without Contact: 21

Total Vehicles Through: 1011

Vehicles Sent Into Secondary: 44

Field Sobriety Tests Given: 23

San Diego DUI / Drunk Driving Arrest Total: only 6

Do San Diego DUI police jump to conclusions or make erroneous opinions about a person's sobriety or level of impairment? You bet. Just look at these numbers. Of 44 people the cops initially thought were maybe DUI, only 23 were given actual tests and only 6 were arrested.

If you or a loved one think the San Diego DUI police may have made a mistake in your case, or if you think you are not guilty beyond a reasonable doubt of drunk driving in San Diego, call an aggressive San Diego DUI lawyer today at 1 800 THE LAW DUI or take a free online Survey.

Football star shows excellent foot work in securing DUI deal and small jail sentence

2009-06-16T08:37:00.000-07:00

Cleveland star wide receiver Donte Stallworth has agreed to plead a DUI manslaughter charge. The Browns WR will go to jail for an undertermined time as a result of a Miami car crash in which a pedestrian was struck and killed. He will to appear today in a Miami courtroom to enter the DUI plea. If accepted by Miami-Dade Circuit Judge Dennis Murphy, Stallworth would serve a short jail sentence for the unfortunate crash, followed by lengthy probation and numerous conditions.

If you are in need of a DUI criminal defense attorney in San Diego, consider Rick Mueller's San Diego County DUI Law Center for a free survey.

10 things to know about the DMV after a San Diego DUI - helpful information from an experienced lawyer

2009-06-15T07:49:00.000-07:00

Enjoying San Diego before stopped by DUI cops? What you must do within 10 days of being arrested - read this now:

10. If you need to save your driver's license or privileges, your San Diego drunk driving attorney has only ten (10) calendar days to contact DMV! If you contact DMV to schedule a date conflicting with your San Diego DUI attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice, so don't schedule yourself. Make sure your San Diego DUI lawyer 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!

Check with a San Diego DUI Lawyer who has information here:

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San Diego DUI attorney Rick Mueller speaks August 1, 2009 at the Annual DUI Seminar at Loyola Law School

2009-06-14T09:47:00.000-07:00

San Diego DUI / DMV Attorney Rick Mueller specializes in DUI and
DMV law. He speaks on August 1, 2009 at Loyola Law School at the annual DUI seminar sponsored by MABA. He 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, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. 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, authored by Ed Kuwatch, Paul Burglin and Barry Simons, 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.

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:

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Premier San Diego DUI lawyer wants justice for police failure to honor suspect's right to choice of breath or blood test

2009-06-12T17:03:00.000-07:00

In San Diego, California, DUI suspects have the right to CHOOSE between a blood or a breath test if arrested. The Police are SUPPOSED to respect that right. So if someone selects a breath test, the police must give the person that breath test.

The DUI police are not supposed to make the person do a blood test - yet alone force a blood test - if the person verbalizes his choice of a breath test and the machine is available!

If the police do a blood test when the person requested a breath test, the evidence must be thrown out, according to the case of Nelson v. City of Irvine, a federal case articulating the rights of suspects and the obligations of DUI cops.

Yet San Diego Chargers receiver Vincent Jackson was rejected yesterday by a judge when his premier San Diego DUI Attorney Specialist, Cole Casey, asked the court to suppress evidence obtained as a result of Jackson's January arrest on suspicion of a San Diego DUI.

In that motion, Jackson's San Diego DUI defense lawyer said Jackson was forced to have his blood drawn “against his will” after repeatedly requesting a breath test instead, as was his statutory right under the California Vehicle Code and under the precedent set in Nelson v. City of Irvine. In Nelson, top California DUI defense attorney Barry Simons caught the City of Irvine making drunk driving suspects do a blood test when they should have been given their requested choice of a breath test. That federal court basically said: Sorry, Charlie, follow the law. There's no need for a blood test. You have a breath test available. Uh, you are the law but you are not above the law. Cases thrown out!

After being escorted to the lovely San Diego jail, Jackson elected to take a breath test. A California Highway Patrol officer then set it up for him, according to the officer's potentially tainted arrest report. But the officer apparently became impatient when the breath test machine didn't accept the sample right away. Jackson then was told he had to do a blood test even though he wanted the breath test. According to California and federal laws, the cops are not supposed to do that. The way they treated Jackson was wrong.

If the DUI cops were really playing fair, they'd have a video.

Preventing Alcohol Related Trauma in Salinas and Safe Teens Empowerment Project in Salinas) will be conducting a DUI checkpoint tomorrow night

2009-06-11T08:52:00.000-07:00

Click on the title if you need a free San Diego DUI attorney evaluation today.

Up north, drunk driving cops have new ideas. Salinas Police Department, in partnership with Sun Street Center’s P.A.R.T.S. and S.T.E.P.S. programs, (Preventing Alcohol Related Trauma in Salinas and Safe Teens Empowerment Project in Salinas) will be conducting a DUI and Drivers License Checkpoint during the evening hours of Friday June 12, 2009. The California dui checkpoint is done this weekend in an attempt to reduce the amount of DUI cases associated with graduation celebrations.

The California DUI and Drivers License Checkpoint must follow strict rules.

If asked to do acrobatics or California DUI sobriety tests, individuals stopped for drunk driving cannot be forced to submit to field sobriety testing. It is important to note that there may be consequences for refusing to submit to a chemical test (blood or Title 17 breath test machine) .

Northern San Diego County DUI checkpoint report - 2 people arrested at roadblock...whoopee!!

2009-06-10T20:34:00.000-07:00

DUI/Drivers License Checkpoint by cops everywhere in San Diego County joined forces to conduct an AVOID - DUI Campaign Task Force DUI/Drivers License Checkpoint and roving Saturation Patrols in the unincorporated community of Fallbrook on Friday night.

These checkpoints must follow rules pronounced by the California Supreme Court relating to DUI roadblocsk.

This DUI Avoid Grant targeted Fallbrook. This DUI & drunk driving enforcement of alcohol related crimes and violations targeted drunk drivers. Cops involved were the San Diego County Sheriff’s Department, California Highway Patrol, San Diego PD, Oceanside PD, and Coronado PD.

Out of 700 vehicles, 289 vehicles were randomly directed into the primary screening area. 32 vehicles were directed into the secondary screening area where 19 citations were issued, 2 people were arrested for DUI. San Diego roving patrols arrested 2 other motorists for DUI. More San Diego DUI checkpoints for the Fallbrook area will happen soon. If you need help today, visit San Diego County DUI Law Center's website.

Ins and Outs of DMV hearings after a San Diego DUI

2009-06-09T08:10:00.000-07:00

San Diego DUI attorney defenses at an administrative per se DMV hearing are specialized and technical, more than in criminal court. San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are bases for setting aside the suspension.

Due to the strange 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.

A 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.

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 lawsuit.

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Here's what Rick Mueller's clients have to say when they hired this San Diego DUI defense lawyer

2009-06-08T16:56:00.000-07:00

Check out what Rick Mueller's clients have to say when they hired this San Diego DUI defense lawyer. Here's what one person said about this San Diego drunk driving attorney a couple of months ago.

"I got a DUI in San Diego with a Indiana prior. The courts found out about the IN prior, but the DMV did not. I told Rick that I needed to keep my license or else I would lose my job. I plead no contest to the courts, and have to do the required programs and fees. However, Rick won my DMV trial, and since they didn't know about my IN prior, I got my restricted license even after registering for the 18 month DUI program (for multiple convictions). As Rick will tell you, it can be frustrating not being involved with the day-to-day processes, but let Rick do his job. I have a lot of work to do for the court conviction, but with a 0.26 BAC, I really have to own up. All I care about is that he got my license back and I didn't lose my job (and don't have to spend cab fare on all of the programs I have to attend)!"

A San Diego drunk driving charge is no fun but don't worry. A quality San Diego DUI defense lawyer can aggressively defend you.

2009-06-07T11:37:00.000-07:00

A San Diego drunk driving charge is no fun but don't worry. A quality San Diego DUI defense lawyer can aggressively defend you.

A top-notch San Diego DUI criminal defense attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases. Look up the credentials of your San Diego DUI / drunk driving criminal attorney.

San Diego DUI attorneys will free initial consultation to learn more about your case. To find the best San Diego DUI tactic, please do the free, online evaluation San Diego DUI Evaluation.

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

A DMV attorney must successfully attack one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

Short list of Premier San Diego DUI Attorneys:

San Diego DUI Lawyer

San Diego DUI Attorney

The latest and the greatest in San Diego DUI underage drinking & drunk driving checkpoint news

2009-06-06T12:30:00.000-07:00

San Diego alcohol drinkers - here's what is going on in San Diego:

1. DUI checkpoints have increased throughout San Diego.

2. San Diego Drunk Driving police have increased efforts.

3. The San Diego Superior Court is now considering implementation of a "DUI Court."

4. San Diego has a "social host ordinances" that impose fines and other penalties on adults who supply alcohol to underage drinkers at house parties.

5. "Youth advocates" and teenagers from San Diego county host "sticker shock" events to warn adults not to buy alcohol for minors. The stickers read:

"Hey, you!! It's illegal to provide alcohol for people under 21,"
and
"You must be 21 to purchase alcoholic beverages. It's the law!"

6. DUI Defense attorney help is here in San Diego.

Urgent Warning: San Diego DUI Checkpoint & Drunk Driving Roadblock Tonight in Fallbrook, North San Diego California

2009-06-05T12:11:00.001-07:00

San Diego DUI lawyers warn the public of San Diego DUI police from all over San Diego County will be targeting drunk drivers tonight in Fallbrook.

There will be roving San Diego DUI patrols and a San Diego drunk driving checkpoint, the location of which was unfortunately not disclosed. These checkpoints must comply with the State Supreme Court requirements.

The San Diego Sheriff's Department, CHP, San Diego County Probation and the San Diego, Oceanside, Escondido, National City, Chula Vista and Coronado police departments will be involved in this broadsweeping DUI enforcement effort.

If you find out you need help, it may be appropriate to contact a top San Diego DUI lawyer and get a free, online evaluation.

San Diego's Imperial Beach is a busy place for DUI drivers

2009-06-04T10:32:00.000-07:00

Imperial Beach, San Diego County, is the place to party. One bar, liquor store or other vendor selling alcohol for every 626 residents. It is about four and a half square miles with 45 alcohol establishments, 25 of which are along the mile and a half part of Palm Avenue aka "Party Town".

Arrests in Imperial Beach for alcohol-related crimes were higher than those of two other San Diego towns similarly sized. In 2008, deputies made 261 DUI arrests in Imperial Beach compared with 215 in Coronado and 85 in Lemon Grove.

Coronado has more officers than Imperial Beach has deputies on the street. Despite that, Imperial Beach has a higher number of arrests.

Imperial Beach is in the top 10 percent of alcohol-related accidents and in the top 15 percent in arrests for California DUI for towns with 50,000 residents or less in California.

San Diego DUI arrests have increased annually in the city. In 2007, there were 238 and in 2006, there were 211.

The Responsible Retailer program will pay for a part-time deputy to work with alcohol establishments. The deputy will inspect bars, restaurants, and liquor and grocery stores, enforcing laws that regulate sales and consumption of alcohol.

A deputy would have the options to counsel, warn or cite individuals violating local laws. Those who fail to comply could have their city business licenses revoked.

The DUI program's objective is to increase the awareness of the dangers of improper sales and serving of alcohol, especially to minors or those already intoxicated, and reduce the number of DUIs and other alcohol-related crimes.

If you or a loved one need assistance after being arrested for a San Diego DUI, consider a free online consultation with a premier San Diego drunk driving attorney.

Can you really get 27 years in prison for a San Diego DUI case?

2009-06-03T18:34:00.000-07:00

San Diego DUI lawyers get tough cases. What about when someone is facing 27 years in state prison?

One guy's 27 year sentence for DUI was upheld: Jeffrey Wren of California must serve the lengthy sentence under the state's "three-strikes" felony sentencing guidelines because he had a long record of criminal and DUI / drunk driving convictions.

An Appeals Court said he had 3 prior DUI convictions and was out on bail when his latest offense occurred. He also was convicted 18 years ago on 2 felony "strike" counts.

If you need help with a San Diego DUI charge, make sure you hire the best possible California drunk driving attorney asap to avoid big problems later (during the appeals process, e.g.). Try a free San Diego DUI attorney evaluation today.

California DUI Police use form templates for DUI arrest reports

2009-06-02T08:31:00.000-07:00

California Highway Patrol has CHP 202 Arrest Report templates usually used by the CHP officer who arrests someone for a California DUI. This sample form suggests what the officer

should

see (not necessarily what the officer saw):

"First Observations:

On 0-00-09, I was on routine patrol in a fully marked CHP patrol vehicle, with my partner officer X. I was traveling...

Observations After Stop: I contacted the driver and advised him/her the reason for the stop. As I spoke with the driver I smelled the strong odor of an alcoholic beverage emitting from his/her breath. I noticed that the driver had red watery eyes, as well as slow and slurred speech. I asked the driver for his/her driver’s license, which he/she provided me. I identified the driver using his/her California Driver’s License as John Doe 00-00-00. I asked the driver if he/she had anything to drink and he stated, “–.” I asked the driver to exit his/her vehicle and meet me at the right front of my patrol vehicle. I noticed that as the driver walked he had an unsteady gate. As I spoke with the driver I noticed that he/she had an odor of an alcoholic beverage emitting from his/her breath and person. I also noticed that the driver was unsteady on his/her feet swaying in a circular motion 1 to 2 inches from center of mass, he/she had slow slurred speech, and red and watery eyes. I advised the driver that I smelled a strong odor of alcohol emitting from his/her breath and asked him/her how much he/she had to drink and he/she stated, “—-.” I explained and demonstrated several FST’s to Name, which he/she could not complete as explained and demonstrated.

FIELD SOBRIETY TESTS

All FST’s were explained and demonstrated. I asked Name if he/she understood each test completely and he/she stated that he did. All tests were performed on a Location dirt/asphalt Parking lot/Shoulder that was free of debris. The weather was cool, clear/cloudy, and daylight/dark.

1)Horizontal Gaze Nystagamus:

Name eyes showed lack of smooth pursuit, distinct nystagmus at the extremes and an onset prior to 45 degrees. Name’s eyes showed vertical gaze nystagmus.

2)One leg stand:Name lifted his/her right/left foot and dropped it immediately on the count of 1000.

3)Romberg:Name estimated 30 seconds in 0000 seconds. Name body swayed in a circular motion 1 to 2 inches from center of mass.

4)Finger Count:I explained the test to Name

5)Preliminary Alcohol Screening Device:

I admonished Name regarding the Preliminary Alcohol Screening Device (PAS) and he/she agreed/refused to take the test. I administered the PAS to Name at 0000 and 0000 hours with BAC results of .000% and .000%.

Other Factual Information:

All times are approximate and may vary from the times on the Preliminary Alcohol Screening Device, the breath test and times provided to me by dispatch.

Arrest: Based on my observations of Name’s driving, Name’s objective signs of alcohol intoxication, and his/her performance on the FST’s, I formed the opinion that Name was driving under the influence of an alcoholic beverage and unable to safely operate a motor vehicle. I placed Name under arrest for 23152 (a) CVC at 0000 hours. I advised Name of implied consent and he/she chose the blood/breath test. I booked Name into the County Jail.

Recommendations:

I recommend a copy of this report be forwarded to the District Attorney’s for review, and that Name be prosecuted for violation of 23152 (a) CVC driving under the influence of an alcoholic beverage, and _____"

California DUI Police use form templates for DUI arrest reports

2009-06-02T08:23:00.000-07:00

California Highway Patrol has CHP 202 Arrest Report templates usually used by the CHP officer who arrests someone for a California DUI. This sample form suggests what the officer

should