MADD Alternative "Victim Impact Panel" allows California DUI lawyers' clients to attend "online"

Attendance at a 1 hour MADD "Victim Impact Panel" makes California DUI attorneys mad.  Why?  California DUI lawyers point out most persons ordered to attend a MADD meeting also have to do a full alcohol program or other court-ordered requirements.

So why allow MADD to profit from the voluntary contribution most people feel compelled to pay?

In San Diego, here's a list of MADD meetings.

There's an alternative to funding MADD's self-perpetuating existence. The Victim Impact Speakers at www.victimimpactspeakers.com or victimimpact@att.net (217) 546-4922 have let California DUI attorneys know that they offer Victim Impact Panels for a reasonable fee of $49.

This alternative is especially for folks on DUI probation who have to travel long distances to attend a MADD meeting, are out-of-state, or are running out of time to attend the MADD meeting ordered by a California DUI court, lawyers emphasize.

Victim Impact Speakers provides an online seventy-eight VIP panel session which has five experienced speakers.

Proof of attendance is provided to the person on California DUI probation taking the online VIP session and proof is faxed to the destination (e.g. probation department) of the person's choice in order to assure timely compliance.

California DUI lawyers may have to get court permission or assessment unit authorization in certain cases.

This non-profit organization also provides on-site victim impact panels in cooperation with state prosecuting attorneys and probation departments throughout the United States.

.05% BAC Legal Limit for California Drivers? Too low, say California DUI lawyers!

Foolish federal DUI politicians are at it again, asking for a low .05 limit, California DUI lawyers say.  California DUI attorneys know this is going too far!  We already went from .15% in the '80's to .10% and then .08% by 2004.  Most of those changes were thanks to the mad folks at MADD.

Their justification?  DUI / alcohol-related road deaths dropped from 20,000 in 1980 to 9,878 in 2011.  But those deaths also may have declined at least partly due to people changing their social drinking habits, a strong commitment towards educating folks about drunk driving and an economic decline.

This new proposal is not needed, say San Diego DUI lawyers as California DUI prosecuting attorneys already prosecute drunk driving cases when the BAC is less than .08% - see this Article.

In California, there's a rebuttable presumption that (a non-commercial) driver (over the age of 21) is NOT under the influence if one's BAC is less than .05%!

It makes little sense to lower a legal driving limit to a random number that is presumed to have no impairment associated with it.

One good thing say California DUI lawyers:  the National Transportation Safety Board (NTSB) which decided this recommendation to states to reduce the limit from .08% to .05%, has no authority to change any state's laws, including California's, says San Diego DUI attorney Rick Mueller.

How are these politicians and drunk driving prosecution lawyers in California going to do with the Standardized Field Sobriety Tests? Will they then have to try to somehow illogically validate the SFST's at .05%?!  There does not seem to be any plausible way for the California DUI Prosecuting Attorney or the state "expert" to somehow possibly and logically explain away the .04% dip from the Grand Rapids study.

But they don't care.  Their goal is job security.  NTSB says about five to eight hundred people's lives would be saved each year by lowering the rate to .05% BAC.  NTSB claims over 400,000 folks died due to DUI or drunk driving driving aka alcohol-impaired driving over the past thirty years.

They'll use their political power and get MADD involved to bully states along, threatening to take road repair money away, using effective extortion.

This means it will be harder on people just to have a few drinks out on the town, say San Diego DUI lawyers.

San Diego "sex for no DUI" cop in prison for 9 years cheated on his exams at the police academy to become a San Diego California DUI cop, attorneys discover

To get out of a San Diego California DUI, what would you do, attorneys ask?  You don't want a California DUI, "what can you do for me?" asked convicted San Diego DUI officer A. Arevalos over the years.

Here's what the San Diego "sex for no DUI" cop in prison for 9 years did to become a San Diego California DUI police officer - he cheated on his exams at the police academy, lawyers learned today.

So trading sexual favors for no DUI was the ultimate step for this San Diego California cop.

A former San Diego cop & police academy colleague F. Torres said at his deposition that Arevalos bragged that he had all the answers because he had somebody connected to him from the San Diego Police Department that gave him all the test answers.  His San Diego PD connections covered for Arevalos throughout his career as he sexually assaulted women.  "They just turned the other cheek and walked away from it.  That's the way the police culture is.  If I didn't see it, it didn't happen." Torres says he tried to avoid going to calls involving Arevalos because you knew it was to go "sideways."

Over a dozen years ago, when Torres worked with Arevalos, he saw him take Polaroids as a mentally ill woman performed sex acts.  When he arrived, the femaile was in the back of the patrol car naked with her handcuffs in front of her and she had the baton.  He reported it to his supervisors at SDPD, one of whom is a Sgt. and the other the head of the SDPD criminal "intelligence" unit.  Both were big party buddies of the bad cop.

In the criminal case, the judge would not allow Torres' testimony because it would be too prejudicial.  The same attorneys claimed Torres had the credibility to hurt the defendant's case.

DUI Police made only 1 San Diego California DUI arrest at Vista DUI Checkpoint Cinco De Mayo weekend, say California drunk driving criminal defense lawyers

California's premier DUI attorney, Rick Mueller, posts current locations of Nazi-style DUI checkpoints in San Diego.   Cops made hundreds of San Diego California DUI arrests this weekend but only 1 DUI arrest at a Vista DUI checkpoint this weekend, say local drunk driving criminal defense lawyers.

On Cinco de Mayo weekend, Sheriff's County Sheriff's Department, Vista California Station, conducted a DUI & License checkpoint at 900 Vista Village Drive, Vista, California.

The California DUI checkpoint took place from 7:30 PM to 2:00 AM on May 4, 2013, Saturday evening. 1,283 vehicles passed through the California DUI checkpoint with 688 of those drivers contacted.

The California DUI results included the following:

Only 1 driver was arrested for California DUI - driving under the influence of alcohol!

7 California DUI Field Sobriety Evaluations were conducted on drivers suspected of driving under the influence of alcohol.

4 vehicles were towed and stored due to violations including driving without a California driver license, driving with a suspended California driver license and as a result of the sole California DUI arrest.

7 citations were issued for driving without a California driver license.

1 citation was issued for driving with a suspended California driver license.

CALIFORNIA DUI CHECKPOINT ACTIVITY:

VEHICLES CONTACTED: 688
VEHICLES THROUGH WITHOUT CALIFORNIA DUI CONTACT: 595
TOTAL VEHICLES THROUGH: 1283
VEHICLES SENT INTO SECONDARY CALIFORNIA DUI STAGE: 36

San Diego SHERIFF’S CALIFORNIA DUI FIELD SOBRIETY EVALUATIONS:  7

23152 VC CALIFORNIA DUI Driving Under the Influence of Alcohol ARREST TOTAL 1
23152 VC CALIFORNIA DUI Driving Under the Influence of Drugs ARREST TOTAL (Drugs) 0

CALIFORNIA DUI VEHICLES TOWED/STORED: 4
CALIFORNIA CITATIONS ISSUED: 22

MULTIPLE VIOLATIONS ON CALIFORNIA CITES

12500(a) VC Driving Without Valid CALIFORNIA Driver License 7
14601.2(a) VC Driving With Suspended Driver License (CALIFORNIA DUI Related) 1
12951(a) VC Driving Without CALIFORNIA Driver License in Possession 10
14604(a) VC Owner Allowing Unlicensed Driver to Drive Vehicle 1
2818 VC Driving Though a Cone or Flair Pattern 1

Today is Christmas for California DUI Cops, lawyers announce - "Cinco de Mayo" is like fishing in a barrel, compares San Diego California DUI Attorney Rick Mueller

Today is Christmas for California DUI Cops, lawyers know.  Cinco de Mayo is like fishing in a barrel, San Diego California DUI Attorney Rick Mueller opines. When there's that many people drinking and driving, all the drunk driving police in California need to do is look around, stop, investigate and arrest for DUI, San Diego California DUI Lawyer and drunk driving article writer Rick Mueller suggests.

In San Diego, California, DUI Police are increasing their presence big-time today.  Each San Diego County area police agency is deploying as many extra cops to patrol and make arrests for California DUI.  Why?  Because today is May 5th "Cinco de Mayo" and celebrations will be huge on the day off for most people.

California areas of San Diego, Oceanside, Vista, Chula Vista, El Cajon, La Mesa, Poway, Encinitas, Del Mar, Pacific Beach, La Jolla, Santee, Lakeside, Escondido, Rancho Bernardo, Carmel Valley, Carlsbad, Ramona, Valley Center, San Marcos, Eastlake, Spring Valley, Bonita, Coronado, Jamul, Imperial Beach, and others within San Diego County will work together with the San Diego County Avoid the DUI California campaign to conduct DUI saturation, DUI patrols and DUI checkpoints.  See here for list of locations of drunk driving roadblocks.

The revenue these DUI stops create helps municipalities and California cops seeking overtime compensation, attorneys know. MADD receives donations as DUI arrests continue, to fund its anti-drunk driving efforts throughout California, lawyers say.

Cinco de Mayo California DUI Police Hit Squad starts its patrols and checkpoints, attorneys announce!

It started minutes ago!  California DUI Attorneys report drunk driving police are officially out "looking for you" if you drink and drive, for the next 3 days!  San Diego's Sheriff's Department, California lawyers say, announced just now that its Avoid the 15 partners will be conducting DUI patrols all over San Diego California for Cinco de Mayo weekend starting Friday, May 3rd at 6:00 p.m. all the way including Monday, May 6th at 2:00 a.m.

 San Diego California Sheriff's Deputies will also be conducting a California DUI and Driver License Checkpoint in Vista on Saturday, May 4th from 7:30 p.m. to 2:30 a.m.  Check this San Diego California DUI lawyer drunk driving roadblock location site.


 San Diego California DUI cops even caution about slight buzzes although technically they are legal, say attorneys.   They say:

Buzzed driving is DUI (drunk driving), and is never safe or acceptable. So folks should plan ahead now to avoid the temptation on the big day. People can still enjoy the holiday and celebrations without a DUI and without putting their lives or the lives of other innocent victims on the line. Party‐goers can call a friend, a cab or use San Diego California public transportation, says San Diego California Sheriff Bill Gore.

California DUI attorneys Captain Motion and Okorie Okorocha (also a forensic scientist/expert) shot down a proposed "strict liability" DUI law (SB-289) making it a crime to have ANY amount of drug in your system, California DUI Lawyers Association is proud to announce!

Top California DUI Attorneys include San Diego's Rick "DMV Guru" Mueller, Indio's Michael "Captain Motion" Kennedy, Riverside's Don "President of California DUI Lawyers Association" Bartell, Irvine's Vince "The General Tucci, San Francisco's Josh "Excecutive Director of California DUI Lawyers Association" Dale, Laguna Beach's Barry "Sherlock" Simons, and Long Beach's Lawrence "The Dean" Taylor, among others.

Yesterday, the courageous California DUI attorneys Captain Motion and Okorie Okorocha (also a forensic scientist/expert) shot down a proposed "strict liability" DUI law (Senator Correa's SB-289) making it a crime to have ANY amount of drug in your system.  These brilliant California DUI attorneys were in Sacramento California speaking in the California Senate Public Safety Committee.  Here is that video shooting down the stupid bill.  These well-respected California DUI lawyers pointed out how bad this state's DUI law would be if California were to criminalize driving with any drug in one's system without concern for impairment or "being under the influence." 

Even though top-notch California DUI lawyer Michael Kennedy stood to gain from such a silly law, an interest in being able to earn money from the many who would pay him, Captain Motion pointed out that in terms of constitutional purity, from the standpoint of "my soul lasting longer than my pocketbook," and that this California DUI law "makes no sense."

Well-known California DUI lawyer Michael Kennedy pointed out at least half of the room in Sacramento California would be criminals today if this new proposed DUI law passed.  That's because any type of drugs - anxiety, depression and other prescriptions - could make a person a DUI criminal in California.  He swept his arm throughout the Senate Chamber as he made his point.   

He pointed out it's already against the DUI law for California drivers to be impaired while driving after taking drugs. If the drugs affect your ability to drive with the caution characteristic of a sober person, you can be guilty of a California DUI.

If you need help with a Caifornia DUI, here's The Captain's information:

Michael J. Kennedy
Attorney at Law
82632-B Hwy 111, #3
Indio, CA 92201
ph: 760-863-3840
fax: 760-863-3842
http://www.kennedyforlaw.com
http://capmotion.blogspot.com/

"I can, and do regularly, read the Constitution; moreover, I understand it." M.J. Kennedy
"An eloquent scholar on the Constitution...." Desert Sun Editorial Board

Captain Motion is rated by AVVO as a 10
Lifetime Achievement Award ["The Eddie"], California DUI Lawyers Associaton
Lifetime Achievement Award, The Private Defenders of California, Inc.

Marijuana - driving under debate when San Diego CBS showed MADD video in California DUI attorney Rick Mueller's DUI article

It is ok to smoke marijuana and drive, says San Diego California DUI attorney Rick Mueller, as long as you are not driving "under the influence of" that drug.   DUI by marijuana is a question brought up 2 months ago in this California DUI Lawyer Center article by lawyer Rick Mueller.  A Washington toke & drive video was included in the article.

CBS of San Diego looked at this video recently. They showed it to a MADD person in San Diego California, say DUI lawyers raising their eyebrows.

California DUI attorneys know a police officer who stops you gets to determine whether to arrest you based on his or her observations, evaluation and performance on  field acrobatics.

Medical use of marijuana in California is legal, drunk driving attorneys remind.  Non-medical is not.  So you can legally drive if you have a medical prescription to take marijuana as long as you continue to drive with the caution characteristic of a sober person, San Diego California DUI lawyers say.

Here'e some key CBS San Diego California DUI attorney article quotes:

"It's much more difficult to establish a threshold with marijuana, because tolerance plays such a big issue into it," said local San Diego DUI criminal defense lawyer Cole Casey in a CBS article.

"Some marijuana probably won't impair your ability to drive.  An extensive amount of marijuana certainly will impair your ability to drive," said the San Diego California DUI lawyer.

"If you have smoked a little bit of marijuana but you're not unsafe to drive, you should feel free to be able to drive. It should not be a crime simply because you have marijuana in your system," said the San Diego California DUI attorney.

Swedes use a hand-held breath test identify 12 drugs taken within 24 hours, California DUI attorneys are told

If you have drugs while driving, San Diego California DUI Attorney Rick Mueller suggests you should store them in the trunk and do NOT admit to using any drugs as part of your right to remain silent.  You may also want to mask any smell prior to driving, California DUI lawyers point out...especially if a new portable breath test for drugs - including cocaine, Xanax and marijuana - is ever used by California drunk driving police.

In California, one can be prosecuted for DUI - drugs while driving in certain situations.

The Swedes claim to be able to use a hand-held breath test sampler to purportedly identify twelve drug substances taken in previous twenty-four hours.  The research used forty drug addition subjects recovering at a center, according to the Journal of Breath Research issue dated 4/26/13.

In addition to benzoylecgonine (cocaine byproduct) and alprazolam (Xanax active ingredient), the research claims to be able to find in a subject's breath:  oxazepam (sedative), diazepam (Valium), buprenorphine (synthetic narcotic), tetrahydrocannabinol (THC, active ingredient in marijuana), 6-acetylmorphine, morphine, methamphetamine, amphetamine and methadone.

The research Professor said he was surprised to find there was a high detectability for most drugs in light of the fact that samples were taken within 24 hours of ingestion of drugs.

In DUI cases, blood tests could be taken at jail or station, remind California lawyers.  But this would be easier for San Diego California DUI cops patrolling or handling San Diego drunk driving checkpoints, attorneys are told.  There are no studies of the correlation between Blood and roadside Breath Concentrations.

How does this work?  The micro-particles that carry certain substances picked up from the fluid lining the airway are contained in exhaled breath.  Any inhaled compound or present in one's body can contaminate this fluid and pass into one's breath where it can be detected by one of these portable breath tests, scientists claim in theory.

Their "SensAbues" gadget  is made in Sweden; it has a mouthpiece and micro-particle filter which a driver could blow into.  The saliva and large particles are separated from the micro-particles that need to be measured.  Then the micro-particles go onto a filter which can then be sealed and stored until a better analysis is done using lab tests known as liquid chromatography & mass spectrometry.

California DUI criminal defense attorneys believe there are many uncertainties and questions regarding this new study.  The gadgets may be unreliable and untrustworthy in critical ways, say California DUI lawyers.

Alleged Boston bomber Dzhokhar Tsarnaev and drunk drivers have constitutional rights, California DUI attorneys emphasize!

Just as San Diego California DUI attorney Rick Mueller and the US Supreme Court pointed out recently that  drunk drivers have constitutional rights - in this San Diego DUI Lawyer Center blood test article - even the alleged Boston bomber Dzhokhar Tsarnaev has constitutional rights, California DUI lawyers remind.

He may have used a weapon of mass destruction, as charged.  But he still has these constitutional rights:  the right to remain silent, the privilege against self-incrimination, the right to an attorney, the right to confront and cross-examine witnesses, the right to subpoena witnesses, the right to a speedy jury trial, and the right to be proven guilty beyond a reasonable doubt, emphasize California DUI attorneys including Rick Mueller of the San Diego County DUI Law Center.

The Attorney General previously said he would question Tsarnaev without first giving him his Miranda rights. Did that happen?  We presently don't no.  We hope not.  The Attorney General, of all people, cannot ignore the existence of fundamental rights, say criminal defense attorneys.

Was he questioned without a lawyer?  That is another great question.  Criminal defense lawyers hope the answer is no.

In California DUI cases, a cop can ask a DUI suspect questions without first advising him or her of his or her Miranda rights. But that's different. That's because the drunk driving cop did not yet arrest the suspect for a California DUI charge.  See this San Diego County DUI Law Center article for how Miranda rights work in California DUI cases.

Contrast:  The Los Angeles Times outlines the current Boston bomb situation here.