To rebut the DMV's generous presumption of reliability of BAC results, San Diego DUI lawyers may show a failure to follow a state standard or regulation

Driving is key to most San Diegans and Californians. California Code of Regulations, Title 17 remains the center of much DMV excessive BAC administrative hearing cases.

San Diego DUI defense attorneys who show any failure to adhere to any regulation or standard, rebut the presumption of reliability of the excessive BAC test results, according to Davenport v. DMV, Coombs v. Pierce and Robertson v. Zolin California cases.

This new San Diego County DUI Law Center Article outlines the DMV's Excessive BAC Manual language. This is a continuing series of updates to the internal hearing manual used by the Department of Motor Vehicles in California.

"Time" of Driving / Arrest-Detention / Test Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings

Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings, if:

1) DMV cannot establish Time of Driving.

2) DMV cannot establish a Chemical Test within 3 Hours of Driving.

3) DMV cannot establish Driving.

4) DMV cannot establish Time of Lawful Arrest/Detention.

5) DMV cannot show sufficient Probable Cause.



California DMV has provided its hearing officers with a training manual as to establishing time frames. The verbatim contents of Time of Driving, Time of Detention, Time of Arrest and Time of Test are set forth in this new San Diego County DUI Law Center article by lawyer Rick Mueller.

If DMV cannot establish proper times, they are directed to subpoena the Drunk Driving Arresting Officer. Otherwise, they must take no action against the accused driver (respondent).

Avoiding a DUI in California over Memorial Day may be easy or lucky, depending on whether you follow these valuable tips by Drunk Driving Criminal Defense Attorney Rick Mueller of the San Diego County DUI Law Center

Avoiding a DUI in California over Memorial Day may be easy or lucky, depending on whether you follow these valuable tips by Drunk Driving Criminal Defense Attorney Rick Mueller of the San Diego County DUI Law Center. As a precaution to motorists, DUI lawyer Rick Mueller has posted these San Diego California drunk driving checkpoint locations all weekend long. If you are drinking today, make sure you have a designated driver, avoid the drunk driving roadblocks throughout California and be safe. Happy Memorial Day!

Less San Diego and California DUI arrests this year by CHP, lawyers are told

California DUI cops in San Diego arrested 43 people for DUI compared to 51 for the same period last year. CHP made 845 California DUI arrests, compared to 897 in 2011 and 5 drunk driving California deaths, attorneys report. California Highway Patrol officers in San Diego County made 43 DUI arrests, down from 51 drunken driving arrests made in 2011, lawyers are told. CHP officers made 845 California drunk driving arrests so far over Memorial Day weekend compared to 897 drunk driving arrests in 2011. No DUI fatalities were reported either year in San Diego County.

Even retired porn stars can find themselves facing a DUI in California and needing to hire a California DUI Lawyers Association Specialist Attorney

Retired Pornographic Movie Star "Jenna Jameson" faces California DUI attorney choices after hitting a light pole which got in the way of her car yesterday.

Jenna, a previous adult movie actress, 38, has been called the world's most famous adult-entertainment performer. The Queen of Porn was booked for drunk driving, cited for Vehicle Code Section 23152 et.seq. and later released, according to San Diego DUI lawyers.

California DUI cops did some sort of field sobriety testing despite injuries to her.

The drunk driving police claim there were signs of intoxication. However, symptoms can often be misinterpreted, particularly after a hard collision.

This DUI accident happened at 1:30 a.m. in Westminster, California. There are a number of excellent lawyers who work out of that courthouse and get excellent results. Specialists recognized by California DUI Lawyers Association also are available there.

Jenna started acting in erotic videos in 1993 after being a stripper & glamour model.

Her first such movie - "Briana Loves Jenna" (with Briana Banks) - won the 2003 AVN Award as the best-selling and best-renting pornographic title for 2002.

Jenna's picture has towered on a 48-foot-tall billboard in New York City's Times Square. Playboy TV hosts her Jenna's American Sex Star reality show where aspiring porn stars compete for a Club Jenna contract.

She regularly appeared on The Howard Stern Show, E!, television's Wild On!, and Talk Soup programs, a 2001 episode of the Fox television sitcom Family Guy, an award-winning voice-over role in the 2002 video game Grand Theft Auto: Vice City; and a guest-starring role in 2 episodes of the 2003 NBC television series Mister Sterling.

Her 2004 autobiography - "How to Make Love Like a Porn Star: A Cautionary Tale" - was on The New York Times Best Seller list for 6 weeks.

She created a horror comic book with Virgin Comics entitled Jenna Jameson's Shadow Hunter, released in February 2008. She played the female lead character in the 2008 horror-comedy Zombie Strippers.

Military Police who make DUI Arrests in California must meet certain requirements before DMV can rely upon their actions, attorneys point out

In San Diego county, there are a number of military bases including Coronado, Miramar and Camp Pendleton. Military Police sometimes trigger California DUI arrests. The legal or lawyer question becomes can DMV use that Military Police DUI arrest?

There are three requirements posted in California DMV's APS DUI Manual mentioned in this article published by San Diego County DUI Law Center:

1. Did the Military Police receive peace officer training requirements given in California Penal Code §832?

2. Did the Military Police enforce California state laws on U.S. Government property?

3. Did the local sheriff or chief of police in whose jurisdiction the property is located has given them written consent to make arrests on property adjoining the military reservation?

Attorneys must object at the California DMV license hearing to any San Diego or county DUI evidence DMV offers without first make a proper evidentiary showing of all 3 requirements.

San Diego Motorists must be careful Memorial Day Weekend beginning with Lemon Grove's Friday Night California drunk driving checkpoint, attorneys warn

San Diego County DUI Law Center's free drunk driving checkpoint locator may be busy this holiday weekend helping warn motorists enjoying themselves, lawyers warn.

Friday Night's San Diego county California DUI checkpoint is May 25th, 2012 from 7:00 PM to 2:00 AM, drunk driving police working for San Diego Sheriff’s Department will trap motorists with a Drunk Driving checkpoint at about 7900 Broadway, Lemon Grove, California, attorneys are told.

DUI fatalities in California go up summertime. Memorial Day weekend is a big travel period of the summer season and the first weekend after a number of college and high school graduations.

The San Diego county California drunk driving checkpoint will be hosted by fifteen donut-eating and coffee-drinking DUI deputies.

The promoted police purpose of the checkpoint is to allegedly remove impaired & unlicensed drivers from society.

California's checkpoints' real purpose is to generate much needed revenue for the government.

California dui cops plan a big crackdown over the entire Memorial Day weekend, setting up roadblock traps, drunk driving checkpoints and extra DUI patrols throughout San Diego County.

Fourteen San Diego County dui cop agencies arrested 129 people on suspicion of DUI on Friday and Saturday of the 2011 Memorial Day weekend, sixteen less than in 2010. California Highway Patrol cops arrested 897 DUI drivers over that weekend, a decline from 1,029 in 2010,

Lawsuit over unlawful California DUI checkpoint police activity

San Diego's DUI checkpoints in Escondido are notorious for being disguised ways of catching illegal immigrants without licenses so their vehicles are impounded and $$$ is made.

California law recently stopped DUI cops from immediately impounding the cars of people who have done nothing wrong besides not having a license, criminal defense attorneys proclaim.

Historically, the first count in a new lawsuit by ACLU happened in January 2011, when 2 folks named Bologna and Worts were actively and rightfully protesting a San Diego California DUI checkpoint from a Valley Parkway sidewalk.

One Escondido officer, citing a California vehicle code section regarding the sales of merchandise within 500 feet of a freeway ramp, claiming they had to move.

The ACLU informed Escondido of its concerns. Then four months later, CHP officers cited the same code section when the men were legitimately protesting an Escondido drunk driving checkpoint near Broadway and Lincoln Avenues.

California DUI cops up in Northern San Diego County Inland claim drunk driving roadblocks are strictly for public safety and discriminate only against people who are breaking the law, regardless of ethnicity.

The CHP told the ACLU its officer was concerned with “driver safety, as he believe passing traffic was being distracted by the protest signs.”

April 24, 2012 Mr. Bologna was videotaping another California drunk driving checkpoint when two Escondido DUI officers ordered him to move away.

If you or your loved one want to know the locations of California DUI checkpoints and drunk driving roadblocks in the county of San Diego, visit this free attorney site. It might save you $10,000 over Memorial Day Weekend.

A California Driver has the right to avoid a checkpoint regardless of DMV's failure to put that law in their DUI Manual, attorneys point out

The good thing about California DMV's DUI APS Hearing Officer Manual is that it does correctly state most of what is correct about DUI Checkpoints' Constitutionality Requirements.

The bad thing is DMV conveniently fails to acknowledge the cases and law which permit California motorists to avoid the roadblock, San Diego DUI attorneys point out.

One's right to escape a drunk driving checkpoint prior to entry should not be treated lightly. For the public, here's a free San Diego DUI attorney site showing the locations of checkpoints & roadblocks throughout the county.

In the California DUI Checkpoint Article by San Diego County DUI Law Center, Lawyer Rick Mueller mentions DMV expediently omits the important criteria and occasionally claims no case law permits the right to avoid or the right to an escape route. DMV is wrong when it does that.

Here's a sample of this Article:

"There are at least Twenty (20) published cases from eleven (11) other States as well as one Federal Court, and additionally one Law Review article on the very subject, nationwide (that’s almost two (2) dozen published cases from a little more than one fifth of the entire Nation, which is a very, very far cry from “no… authority has held that … checkpoint(s) must have an escape route”). Citing: 1) Murphy v. Commonwealth, 9 Va. App. 139, 384 SE 2d 125 (1989) 2) State v. Binion, 900 S.W.2d 702, 706 (Tenn. Crim. App. 1994) See Sec. 11.1.1 (“Evasion of Sobriety Check-points”) in “Drunk Driving Defense, 5th Edition”, 3) People v. Rocket, 594 N.Y.S.2d 568 (Just. Ct. 1992), 74 ALR 5th 319 at § 14; 4) Howard v. Voshell, 621 A.2d 804 (Del. Super. Ct. 1992), 5) State v. Powell, 591 A.2d 1306 (Me. 1991), 6) State v. Badessa, 373 N.J. Super. 84, 860 A.2d 962 (App. Div. 2004) Order granting suppression upheld on appeal by the people in State v. Badessa, (Badessa II) 185 N.J. (2005) 303; 885 A. 2nd 430; 7) People v. Bigger, 771 N.Y.S.2d 826 (J. Ct. 2004). 8) Com. v. Scavello, 734 A.2d 386 (Pa. 1999); 9) Com. v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987); 10) Com. v. Blouse, 531 Pa. 167, 611 A.2d 1177 (1992); 11) State v. Talbot, 792 P.2d 489 (Utah Ct. App. 1990); 12) State v. McCleary, (1997) 251 Neb. 940, 560, 560 N.W. 2nd 789; 13) Bass v. Commonwealth, (2000) 259 Va. 470; 525 S.E. 2nd 921; 14) Pooler v. MVD, (1988) 306 Or. 47, 755 P.2nd 701; 15) State v. Hester, (2004) 268 Ga. App. 501; 16) People v. Banks Cal. considered the case of (17) People v. Rister, 803 P. 2nd 483 (1990); 18) Orr v. People, 803 P. 2nd 509 (1990), Rister, was also cited in 19) McDonald v. Department of Motor Vehicles, 77 Cal. App. 4th 677 (2000). See also US v. Faulkner, (9th Circ. 2006) 450 Fed. 3rd 466 at p. 468."

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, lawyers remind

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, according to knowledgeable attorneys in this field.

In this new Article, Criminal Defense Attorneys emphasize the law really hinges on what is going through the California peace officer’s brain at the time of his or her decision to make a San Diego vehicle stop. In determining the lawfulness of a stop, what the DUI cop finds out “after” the contact is not important in that regard!

There is no After-Acquired Facts Exception to the California Evidence Code. Also, there similarly is no “just to explain the San Diego DUI officer’s subsequent conduct” exception: “Subjective intentions [of cops] play no role in … 4th Amendment analysis.” Whren v. United States (1996) 517 U.S. 806, 813. “Detention” standards apply in determining the legality of California vehicle stops (and ensuing searches & seizures). “The decision to stop an automobile [without a warrant] is reasonable where the police have probable cause to believe a traffic violation has occurred.”