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San Diego DUI Attorney Rick Mueller is a Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 27 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.

Rick recently 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 also spoke at the prestigious California Attorneys For Criminal Justice

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

.

Simply complete

Free Survey

for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become Clients.



Contact a San Diego California DUI Criminal Defense Lawyer who can help or visit below sites:

Video of San Diego DUI / DMV Attorney

San Diego DUI Lawyer

Do not schedule yourself. If you contact DMV to schedule a date conflicting with your California DUI Attorney's calendar, DMV will not reschedule.

California DUI Attorney

What you must do within 10 days of being arrested by a premier California drunk driving lawyer at

San Diego DUI

10. If you need to save your driver's license or privileges, your California DUI Attorney has only ten (10) calendar days to contact DMV!



Do not schedule yourself. If you contact DMV to schedule a date conflicting with your California DUI Attorney's calendar, DMV will not reschedule and you may not get the California DUI Attorney of your choice. There is no rush as long as your California DUI Attorney contacts DMV by the 10th day from your drunk driving arrest.

San Diego DUI Lawyer

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 a DUI Lawyer 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 DUI Lawyer / 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!






Click on below video for an overview of California DMV after a DUI:

Video of San Diego DUI / DMV Attorney

San Diego California DUI criminal defense attorneys watched as San Diego Police Department drunk driving officers preyed on folks attending Floatopia

San Diego California DUI criminal defense lawyers watched as San Diego Police Department drunk driving officers preyed on folks attending Floatopia.

Since drinking booze on San Diego Beaches is now illegal, getting on a raft & drinking a few feet from shore is not. Hordes of San Diego DUI police officers standing on shore making sure no booze was consumed on land.

A few years ago, tired of litter and drunk on its beaches, San Diego's city council passed a one-year ban on beach drinking. San Diego California voters made the ban permanent a year later. But there was an oversight: The ban defines "beach" as "the sand or land area bordering the water of an ocean or bay." The wording inadvertently made it a drinkers' haven in the water. Another result is a police fish bowl for San Diego DUI arrests.

Most of San Diego's Floatopias happen in and around Pacific Beach—known as Pacific Beach—a young, raucous neighborhood of bungalows and a two-mile-long strip of bars that ends at the Pacific Ocean. Back when beach drinking was still allowed, P.B.'s Fourth of July celebrations had so many San Diego DUI & San Diego alcohol-related arrests that police brought in a recreational vehicle outfitted with temporary San Diego California jail cells.

The San Diego California alcohol ban has calmed things down. On July 4, the mobile jail got little use and won't be returning next year to San Diego beaches. Last weekend's Floatopia was organized anonymously through Facebook and Twitter.

San Diego California DUI police say that when the parties started, they checked with the San Diego city attorney's office about whether they were legal - drinking in the water isn't the same thing as drinking on the beach.

"Floatopia" is threatened by San Diego City Council's public safety and neighborhood services committee which recently passed a proposal to amend the drinking ban so it extends to "bathers," a category that includes almost anyone not in some sort of boat, including kayaks and canoes. On July 26, 2010, the San Diego city council is expected to vote on making it "unlawful for any bather to consume any alcoholic beverage within one marine league of any beach." A league is about three-and-a-half miles.

San Diego isn't the first beach community to grapple with Floatopia, though the city's parties are unique in that they were created purely to dodge the law. Santa Barbara County, which had been dealing with float parties since 2005, last year banned alcohol on Isla Vista beach and 100 yards into the water.

The largest Floatopias have attracted roughly 3,000 floaters, many of whom drink quite a bit of alcohol. San Diego beaches fill up with trash, beer cans and weary drinkers napping on slowly deflating rafts. Drivers are often later arrested for San Diego drunk driving.

If stopped by California DUI police for a moving violation, equipment issue or any reason, only give license, registration & insurance , other tips

California DUI criminal lawyer are often asked by people what should they say if stopped by a police officer. California DUI attorneys agree that the the less one says to a California officer who is investigating a possible DUI, the better. Obviously one is trying to avoid getting a California DUI.

If stopped by California DUI police for a moving violation, equipment issue or any reason, you are legally required to provide a (1) valid license, (2) insurance, and (3) registration. No mas.

Simply provide the 3 documents to the California peace officer; then remain silent. It's your right. Politely indicate you do not wish to do any (untrustworthy) California DUI acrobatics or gymastics aka drunk driving field sobriety tests. Do not blow into any hand-held California DUI gadget. However, some California DUI prosecutors may try to parlay your declining such tests as a refusal.

San Diego California DUI criminal defense lawyers are amazed at how many drunk driving arrests are made in Pacific Beach & throughout San Diego

San Diego California DUI criminal defense lawyers are amazed at how many drunk driving arrests are made throughout the city every year.

The heart of San Diego's party area, Pacific Beach California has typically around 600 DUI arrests a year.

San Diego Police Department made 514 DUI arrests in the police beat that roughly covers the Pacific Beach neighborhood in 2009. In 2008, SDPD arrested 594 folks for DUI.

East Village area experienced the 2nd most San Diego DUI arrests behind Pacific Beach with 152. Others big ticket San Diego drunk driving police beats are neighborhoods like North Park and Hillcrest.

San Diego Police Department provides the below DUI arrest statistics from 2008 and 2009. SDPD uses police beats which are pretty much related to actual neighborhood boundaries.

2008/2009 CALIFORNIA DUI ARRESTS BY BEAT NUMBER CITY OF SAN DIEGO

Beat# Beat Name 2008 2009 Total
122 Pacific Beach 593 514 1107
521 East Village 166 152 318
524 Core-Columbia 159 151 310
625 North Park 142 145 287
627 Hillcrest 139 140 279
518 South Park 126 131 257
326 Mission Valley East 133 102 235
321 Grantville 102 104 206
512 Logan Heights 108 82 190
242 Mira Mesa 92 84 176
124 La Jolla 91 69 160
313 Kearny Mesa 65 80 145
523 Gaslamp 79 61 140
614 Ocean Beach 73 60 133
233 Rancho Penasquitos 61 69 130
712 San Ysidro 54 68 122
441 Mountain View 42 57 99
511 Barrio Logan 50 45 95
723 Otay Mesa West 52 42 94
115 University City 51 42 93
611 Midway District 54 35 89
713 Otay Mesa 44 44 88
123 Mission Bay Park 47 40 87
624 University Heights 43 41 84
813 Talmadge 45 39 84
121 Mission Beach 36 47 83
517 Golden Hill 41 42 83
311 Serra Mesa 40 41 81
621 Linda Vista 40 41 81
114 North Clairemont 37 35 72
815 College East 41 31 72
814 College West 31 38 69
934 Carmel Valley 33 36 69
113 Bay Ho 36 32 68
516 Stockton 43 25 68
111 Clairemont Mesa East 31 36 67
838 Corridor 35 32 67
116 Bay Park 29 36 65
826 Colina del Sol 33 29 62
234 Rancho Bernardo 17 44 61
322 Allied Gardens 27 34 61
613 Point Loma Heights 37 23 60
811 Normal Heights 41 19 60
933 Del Mar Heights 19 41 60
514 Sherman Heights 29 26 55
714 Border 38 17 55
812 Kensington 22 33 55
515 Grant Hill 32 22 54
529 Park West 28 25 53
312 Tierrasanta 28 22 50
522 Marina 31 18 49
832 Teralta West 26 21 47
243 Miramar 23 22 45
433 Encanto 20 25 45
831 Teralta East 26 18 44
241 Scripps Ranch 25 18 43
526 Cortez 20 22 42
834 Castle 22 20 42
232 Carmel Mountain 23 18 41
432 Valencia Park 19 21 40
824 Oak Park 24 16 40
112 Clairemont Mesa West 22 17 39
722 Nestor 13 26 39
314 Birdland 20 18 38
446 Lincoln Park 16 21 37
619 Old Town 23 9 32
721 Egger Highlands 11 21 32
525 Horton Plaza 18 12 30
528 Little Italy 19 11 30
437 Bay Terraces 12 17 29
445 Chollas View 8 21 29
623 Mission Valley West 16 13 29
632 Midtown 16 13 29
622 Morena 13 15 28
724 Palm City 14 14 28
442 Southcrest 12 14 26
444 Mount Hope 14 12 26
935 North City 11 15 26
438 Paradise Hills 13 12 25
531 Balboa Park 15 10 25
825 Ridgeview-Webster 15 10 25
615 Roseville-Fleet Ridge 15 9 24
816 Adams North 12 12 24
821 Rolando 14 10 24
325 San Carlos 11 12 23
833 Fairmont Village 10 13 23
436 Skyline 12 10 22
231 Sabre Springs 9 12 21
246 Miramar Ranch North 11 10 21
323 Del Cerro 12 9 21
725 Ocean Crest 11 10 21
434 Jamacha-Lomita 13 7 20
631 Mission Hills 11 9 20
822 El Cerrito 5 15 20
837 Fairmont Park 11 9 20
324 Lake Murray 8 11 19
443 Shelltown 7 12 19
839 Cherokee Point 9 10 19
431 Emerald Hills 10 8 18
612 Loma Portal 7 10 17
836 Swan Canyon 7 9 16
823 Darnall 6 9 15
835 Asalea-Hollywood Park 9 5 14
125 La Jolla Village 8 5 13
527 Harborview 7 6 13
931 Sorrento Valley 5 8 13
126 Torrey Pines 4 6 10
235 San Pasqual 5 5 10
827 Chollas Creek 5 4 9
936 Torrey Highlands 5 3 8
711 Tijuana River Valley 2 5 7
937 Black Mountain Ranch 2 5 7
617 Wooded Area 1 5 6
439 Alta Vista 1 4 5
932 Torrey Preserve 3 2 5
616 La Playa 3 1 4
435 Broadway Heights 1 2 3
828 Fox Canyon 3 0 3
618 Sunset Cliffs 1 1 2
626 Burlingame 2 0 2
245 Rancho Encantada 0 1 1

If you need a San Diego California DUI attorney, visit this important free consultation twit.

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California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney

San Diego DUI Lawyer

for those accused of a San Diego California DUI.



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

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Complete San Diego California DUI Help to save your California license or other state license.

California DUI Attorney

Check out important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best strategy and to protect your driver's license in California or elsewhere.


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 27 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.

On August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

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

. 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.




See the below for more information or to contact a DUI Lawyer who can help:

San Diego DUI Help

Video of San Diego DUI / DMV Attorney

California DMV Hearings after a DUI Arrest - San Diego issues

California DMV / DUI Hearing is handled by attorneys who explain that the California DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different California DMV rules, California DMV laws and California DMV procedures.

In San Diego, the DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.



If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.




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.







Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI

List of common DUI Sobriety checkpoints in San Diego & Southern California as they are reported. Go to bottom for CURRENT locations. Please send in!

California DUI checkpoints, featuring San Diego DUI lawyer Rick Mueller's Southern California, Inland Empire and San Diego checkpoints.

Check here often for updates:


Redlands California DUI Checkpoint
10 p.m. Friday, July 16, until 3 a.m., Saturday in the westbound lane of Citrus Avenue, between University and Church streets.
10 p.m. Friday, July 16, until 3 a.m., Saturday in the westbound lane of Citrus Avenue, between University and Church streets.

Temecula California DUI Checkpoint
Friday, July 16, from 8:00 p.m. to 2:00 a.m., the

DUI Checkpoint Rules:

Decisions regarding the execution of DUI Checkpoints in San Diego County must be determined by law enforcement supervisors, rather than field officers.

Field police officers are subjected to limited discretionary practices within preset boundaries.

Safety conditions must be maintained and meet prespecified standards.

Checkpoints must be situated in a reasonable location.

The checkpoint must be clearly marked and officially identified as to its purpose.

Precisely established parameters as to the scheduled start and end times, and total duration of the checkpoint.

Duration and essential criteria for detaining drivers.

Media notification of checkpoint must be publicly announced in adv
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Bonita DUI Checkpoint
Police were stationed between MacKinnon Rd and Windsor/Bonita on Memorial Day, 2010. Please check below for more current updates.
Police were stationed between MacKinnon Rd and Windsor/Bonita on Memorial Day, 2010.

Please check below for more current updates.

Redlands DUI Checkpoint
The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:30 p.m. until 3 a.m. Saturday in the southbound lane of Ford Street just south of South Avenue. P...
The Redlands Police Department will conduct a sobriety and driver’s license checkpoint beginning at 10:30 p.m. until 3 a.m. Saturday in the southbound lane of Ford Street just south of South Avenue.

Please check below for more current updates.

Imperial Beach DUI Checkpoint
7:30 p.m. and 2:30 a.m. The San Diego County checkpoint will be conducted at 9th Street and Palm Avenue. Please check below for more current updates.
7:30 p.m. and 2:30 a.m. The San Diego County checkpoint will be conducted at 9th Street and Palm Avenue.

Please check below for more current updates.


Laurel Canyon Blvd Checkpoint
Laurel Canyon Boulevard between Carpenter Avenue and Ventura Boulevard Studio City, California. June 4, 2010 8 p.m. – 3 a.m. Please check below for more current updates.
Laurel Canyon Boulevard between Carpenter Avenue and Ventura Boulevard Studio City, California. June 4, 2010 8 p.m. – 3 a.m.

Please check below for more current updates.

Vista DUI Checkpoint, San Diego County
The San Diego Sheriff’s Department – Vista Station will be conducting a DUI/Drivers License checkpoint on the evening of June 4, 2010, at an undisclosed location in the City of Vista. Date of Occurren...
The San Diego Sheriff’s Department – Vista Station will be conducting a DUI/Drivers License checkpoint on the evening of June 4, 2010, at an undisclosed location in the City of Vista.

Date of Occurrence: 6/4/2010
Time of Occurrence: Evening
Location of Incident: City of Vista
San Diego Sheriff’s Department
Vista Station
PRESS RELEASE
FOR IMMEDIATE RELEASE: CONTACT:
June 3, 2010 Sgt. M. Petrofsky
760-940-4556

Please check below for more current updates.

Galeta DUI Checkpoint
http://www.edhat.com/site/tidbit.cfm?nid=32881 Please check below for more current updates.
http://www.edhat.com/site/tidbit.cfm?nid=32881

Please check below for more current updates.

Poway DUI Checkpoint
Poway Drunk Driving Checkpoint 13300 block of Twin Peaks Road. Please check below for more current updates.
Poway Drunk Driving Checkpoint 13300 block of Twin Peaks Road.

Please check below for more current updates.

Norco DUI checkpoint
Please check below for more current updates.
Please check below for more current updates.

Lemon Grove DUI Checkpoint
Undisclosed Location San Diego County DUI/Drunk Driving Checkpoint in Lemon Grove June 11 Please check below for more current updates.

Undisclosed Location
San Diego County DUI/Drunk Driving Checkpoint in Lemon Grove
June 11

Please check below for more current updates.

Cypress Orange County DUI Checkpoint
Katella near Cara Please check below for more current updates.

Katella near Cara

Please check below for more current updates.

Indian Wells DUI Checkpoint
Saturday June 12th, from 7:00 PM to 2:00 AM, in the City of Indian Wells
Saturday June 12th, from 7:00 PM to 2:00 AM, in the City of Indian Wells

Redlands DUI Checkpoint
10:30 p.m. Saturday June 12 until 3 a.m., Sunday in the eastbound lane of Lugonia Avenue, between Dearborn Street and Wabash Avenue.
10:30 p.m. Saturday June 12 until 3 a.m., Sunday in the eastbound lane of Lugonia Avenue, between Dearborn Street and Wabash Avenue.

LA DUI Checkpoint
West Slauson Avenue between Buckler Avenue and Edgemar Avenue, Los Angeles, California, Friday, June 11, 2010
West Slauson Avenue between Buckler Avenue and Edgemar Avenue, Los Angeles, California, Friday, June 11, 2010

Santa Monica DUI Checkpoint
1300 block of Ocean Ave. Friday, June 11, 2010 Please check below for more current updates.
1300 block of Ocean Ave.
Friday, June 11, 2010

Please check below for more current updates.

Hollywood DUI Checkpoint
Saturday, June 12, 2010 7 p.m. – 3 a.m. Hollywood Boulevard at Gower Street Hollywood
Saturday, June 12, 2010 7 p.m. – 3 a.m.
Hollywood Boulevard at Gower Street Hollywood

Victorville DUI Checkpoint
Friday June 11 2010, starting at 6:30 p.m., in the City of Victorville, location undisclosed
Friday June 11 2010, starting at 6:30 p.m., in the City of Victorville, location undisclosed

Costa Mesa DUI Checkpoint.
Saturday, June 19, 2010, from 6:00 p.m. to 11:00 p.m., at Harbor Boulevard/Ford Road
Saturday, June 19, 2010, from 6:00 p.m. to 11:00 p.m., at Harbor Boulevard/Ford Road

La Mesa DUI Checkpoint
DUI/Driver License checkpoints on Saturday, June 19 and Sunday, June 20, 2010, from 6:00 PM to 2:00 AM within the City of La Mesa. The checkpoints will be on Grossmont Boulevard and Massachusetts Aven...
DUI/Driver License checkpoints on Saturday, June 19 and Sunday, June 20, 2010, from 6:00 PM to 2:00 AM within the City of La Mesa.

The checkpoints will be on Grossmont Boulevard and Massachusetts Avenue, La Mesa.

La Mesa DUI Checkpoint
Saturday, June 19 and Sunday, June 20, 2010, from 6:00 PM to 2:00 AM within the City of La Mesa. The checkpoints will be on Grossmont Boulevard and Massachusetts Avenue, La Mesa.
Saturday, June 19 and Sunday, June 20, 2010, from 6:00 PM to 2:00 AM within the City of La Mesa.
The checkpoints will be on Grossmont Boulevard and Massachusetts Avenue, La Mesa.

TwentyNine Palms DUI Checkpoint
Friday, June 18, 2010 from 6:00 p.m.- 2:00 a.m. in the city of 29 Palms. Undisclosed location.
Friday, June 18, 2010 from 6:00 p.m.- 2:00 a.m. in the city of 29 Palms.
Undisclosed location.

Yorba Linda DUI Checkpoint
June 18, 2010, Imperial Highway near Valley View.
June 18, 2010, Imperial Highway near Valley View.

El Cajon DUI Checkpoint
7 PM June 23, 2010 – 2 AM June 24, 2010 LOCATION : TO BE ANNOUNCED
7 PM June 23, 2010 – 2 AM June 24, 2010
LOCATION : TO BE ANNOUNCED

El Cajon DUI Checkpoint
7 PM June 23, 2010 – 2 AM June 24, 2010 LOCATION : TO BE ANNOUNCED
7 PM June 23, 2010 – 2 AM June 24, 2010

LOCATION : TO BE ANNOUNCED

Glendale DUI Checkpoint
9:00 p.m. to 2:00 a.m.Saturday June 26, 2010 & Fourth of July Weekend
9:00 p.m. to 2:00 a.m.Saturday June 26, 2010 & Fourth of July Weekend

Long Beach DUI Checkpoint
July 4 holiday, the Long Beach Police Department will be executing a DUI/drivers license checkpoint in North Long Beach on Saturday from 6 p.m. to 2 a.m.
July 4 holiday, the Long Beach Police Department will be executing a DUI/drivers license checkpoint in North Long Beach on Saturday from 6 p.m. to 2 a.m.

San Diego DUI Lawyer Center
Please send in drunk driving checkpoints that you see and we will post them. Sponsored by local San Diego DUI Lawyer: Rick Mueller - rick@sandiegodui.com
Please send in drunk driving checkpoints that you see and we will post them. Sponsored by local San Diego DUI Lawyer: Rick Mueller - rick@sandiegodui.com

Los Angeles - Studio City DUI Checkpoint
Saturday, June 26, 2010 8:00 PM – 2:00 AM Ventura Boulevard at Big Oak Drive Studio City, California
Saturday, June 26, 2010 8:00 PM – 2:00 AM

Ventura Boulevard at Big Oak Drive Studio City, California

LA DUI Checkpoint
July 3, 2010 6 p.m. to 1 a.m. Florence Avenue between Broadway and Main Street Los Angeles, California
July 3, 2010 6 p.m. to 1 a.m.

Florence Avenue between Broadway and Main Street Los Angeles, California

Solana Beach DUI Checkpoint
Friday, June 25th, 2010 between 8:00 p.m. and 3:00 a.m. Near the 400 block of Stevens Avenue.
Friday, June 25th, 2010 between 8:00 p.m. and 3:00 a.m.

Near the 400 block of Stevens Avenue.

Rancho San Diego DUI Checkpoint
California Highway Patrol conducted a DUI checkpoint in Rancho San Diego Friday night, in memory of a local teen who lost his life to a drunk driver six years ago. Fourteen-year-old Marchello Howard w...
California Highway Patrol conducted a DUI checkpoint in Rancho San Diego Friday night, in memory of a local teen who lost his life to a drunk driver six years ago.

Fourteen-year-old Marchello Howard was walking home from a football game in October 2004 when Theodore Morris, a repeat drunk driver under the influence at the time, slammed into the Steel Canyon High student and killed him.

"Every day we miss him the same as we did when we buried him," said Noella Howard, who was on hand at Friday's checkpoint. "A day will never go by that I don't think of him. I wish he was here."

Friday's checkpoint was held only a few miles away from where Marchello lost his life.

Westminister California DUI Checkpoint

Lake Elsinore DUI Checkpoint

Huntington Beach DUI Checkpoint
Saturdays, June 26, 2010
Saturdays, June 26, 2010

Escondido DUI Checkpoint
Saturdays, June 26, 2010
Saturdays, June 26, 2010

Dana Point / San Clemente DUI Checkpoint
Saturdays, June 26, 2010
Saturdays, June 26, 2010

Costa Mesa DUI Checkpoint
Fridays, June 25, 2010
Fridays, June 25, 2010

Villa Park DUI Checkpoint
Fridays, June 25, 2010 Undisclosed location(s)
Fridays, June 25, 2010
Undisclosed location(s)

San Bernardino DUI Checkpoint
Friday, July 2, 2010 Mill & G Sts. 6 pm to 2 a.m.
Friday, July 2, 2010
Mill & G Sts.
6 pm to 2 a.m.

North Hollywood DUI Checkpoint
July 2, 2010 6 p.m. – 1: a.m. Cahuenga Boulevard & Broadlawn Drive North Hollywood, CA
July 2, 2010 6 p.m. – 1: a.m.
Cahuenga Boulevard & Broadlawn Drive North Hollywood, CA

Redlands DUI Checkpoint
10 p.m. Friday, July 2 until 3 a.m., Saturday in the westbound lane of Redlands Boulevard, between Seventh and Ninth streets
10 p.m. Friday, July 2 until 3 a.m., Saturday in the westbound lane of Redlands Boulevard, between Seventh and Ninth streets

Indian Wells DUI Checkpoint
Friday, July 2nd, from 7:00 PM to 2:00 AM.
Friday, July 2nd, from 7:00 PM to 2:00 AM.

Lake Elsinore DUI Checkpoint
Friday, July 16, 2010 Location undisclosed
Friday, July 16, 2010
Location undisclosed

Cypres DUI Checkpoint
Saturday, July 3, 2010, from 7 p.m. to 3 a.m., on Lincoln west of Moody
Saturday, July 3, 2010, from 7 p.m. to 3 a.m., on Lincoln west of Moody

San Juan Capistrano DUI Checkpont
FRIDAY, JULY 2: Orange County Sheriff’s Dept: 6 PM. to 2 AM in the City of San Juan Capistrano location undisclosed
FRIDAY, JULY 2: Orange County Sheriff’s Dept: 6 PM. to 2 AM in the City of San Juan Capistrano
location undisclosed

Buena Park DUI Checkpoint
Friday, July 2 Buena Park Police Dept: 7 PM to 3 AM location undisclosed
Friday, July 2
Buena Park Police Dept: 7 PM to 3 AM
location undisclosed

Irvine DUI Checkpoint
SATURDAY, JULY 3: Irvine Police Dept: 7 PM to 3 AM address undisclosed
SATURDAY, JULY 3: Irvine Police Dept: 7 PM to 3 AM
address undisclosed

Victorville DUI Checkpoint
Friday July 2, 2010, starting at 7:00 p.m., in the City of Victorville. undisclosed location
Friday July 2, 2010, starting at 7:00 p.m., in the City of Victorville.
undisclosed location

La Mesa DUI Checkpoint
Saturday, July 3, 2010 Undisclosed location
Saturday, July 3, 2010
Undisclosed location

Perris DUI Checkpoint
Perris Police Department will be conducting a DUI / Driver’s License checkpoint on Saturday July 17, 2010, from 6 p.m. to 2 a.m.
Perris Police Department will be conducting a DUI / Driver’s License checkpoint on Saturday July 17, 2010, from 6 p.m. to 2 a.m.

Cardiff DUI Checkpoint
4th of July Weekend
4th of July Weekend

Pacific Beach DUI Checkpoint
4th of July Weekend and many weekends 2010
4th of July Weekend and many weekends 2010

Desert Hot Springs DUI Checkpoint
Pierson Blvd. Near Palm Drive 4th of July Weekend
Pierson Blvd. Near Palm Drive
4th of July Weekend

Buena Park DUI Checkpoint
Beach Blvd. near 91 4th of July weekend
Beach Blvd. near 91
4th of July weekend

Buena Park DUI Checkpoint
Beach Blvd. near Commonwealth Ave. 4th of July Weekend
Beach Blvd. near Commonwealth Ave.
4th of July Weekend

La Quinta DUI Checkpoint
111 near Cliff House Rest. 4th of July Weekend
111 near Cliff House Rest.
4th of July Weekend

Escondido DUI Checkpoint
Saturday, July 3, 2010 Valley Parkway near Del Dios
Saturday, July 3, 2010
Valley Parkway near Del Dios

Murrieta DUI Checkpoint
Saturday, July 3, 2010 Scott Rd. near Murrieta Hot Springs Rd.
Saturday, July 3, 2010
Scott Rd. near Murrieta Hot Springs Rd.

Huntington Beach DUI Checkpoint
4th of July Weekend Beach Blvd. near Warner
4th of July Weekend
Beach Blvd. near Warner

Huntington Beach DUI Checkpoint
4th of July Weekend Beach Blvd. near Hazard
4th of July Weekend
Beach Blvd. near Hazard

Santa Ana DUI Checkpoint
4th of July weekend Chestnut near Grand
4th of July weekend
Chestnut near Grand

San Diego DUI Checkpoint
2900 Logan July 4
2900 Logan
July 4

Mira Mesa DUI Checkpoint
Mira Mesa Blvd. near Camino Ruiz July 4, 2010
Mira Mesa Blvd. near Camino Ruiz
July 4, 2010

San Marcos DUI Checkpoint
San Marcos Blvd. Near Sycamore
San Marcos Blvd.
Near Sycamore

Pacific Beach San Diego DUI Checkpoint
Hornblend near Jewel
Hornblend near Jewel

Moreno Valley DUI Checkpoint
Thursday, July 15 from 6:00 p.m. until 11:30 p.m. within the City of Moreno Valley.
Thursday, July 15 from 6:00 p.m. until 11:30 p.m. within the City of Moreno Valley.

Redlands California DUI Checkpoint
10 p.m. Friday, July 16, until 3 a.m., Saturday in the westbound lane of Citrus Avenue, between University and Church streets.
10 p.m. Friday, July 16, until 3 a.m., Saturday in the westbound lane of Citrus Avenue, between University and Church streets.

Temecula California DUI Checkpoint
Friday, July 16, from 8:00 p.m. to 2:00 a.m.


List of common DUI Sobriety checkpoints in San Diego & Southern California as they are reported. Go to bottom for CURRENT locations. Please send in DUI checkpoints that you see and we will post them. Sponsored by local San Diego DUI Lawyer: Rick Mueller - rick@sandiegodui.com

San Diego DUI criminal defense lawyers want videos like Los Angeles DUI Police Department!

San Diego California DUI criminal defense lawyers are hoping a rejuvenated idea for Los Angeles DUI police will come to San Diego drunk driving cases.

LA Police Department announced yesterday it will install hundreds of video cameras in its Los Angeles California patrol cars, including DUI enforcement vehicles, a move that observers hope will hold officers more accountable while protecting them from false abuse allegations.

San Diego DUI attorneys would like to hold drunk driving investigating officers more accountable. Clearly, the DUI prosecutors in San Diego California have abundant drunk driving resources and tons of money is spent on California DUI checkpoints.

Police officials say about 300 digital video cameras will be in place by the end of the summer. While many law enforcement agencies have used video recording technology, LAPD has seen pilot programs go bust as city officials attempted to find funding for the efforts.

For a department that has tried to mend its image following the videotaped beating of Rodney King and a corruption scandal in its anti-gang unit, the cameras could go a long way in restoring trust with some residents still wary of potential abuse by officers.

"This has been a long journey," said Police Commission President John Mack. "This is and has been a very, very high priority for the commission."

The cameras will be installed in cars patrolling the department's south bureau, which encompasses many of the city's grittier neighborhoods.

Officials say it would cost about $25 million to put cameras in all 1,600 of the department's cars. That may be unlikely, at least in the near-term, because the city is coping with declining revenues that already have forced it to cut back city services and lay off hundreds of workers.

It's been nearly four years since the City Council approved $5 million for the first set of cameras that will be installed over the next few months.

The idea dates back to the 1990s when some police departments began using VHS tapes to record traffic stops and other incidents. However, shelving all those videos for legal purposes would have brought additional costs to one of the nation's largest police departments. One of the reforms a federal judge said should be in place was putting cameras in patrol cars. The plan gained momentum over the past several years, in part because of a federal consent decree imposed in 2001 when the government threatened to sue the city over what it claimed was a pattern of police abuse dating back decades.

San Diego California DUI cops would be forced to tell the truth.

Miranda Rights in California DUI cases - no right to speak to a drunk driving criminal defense attorney before deciding which DUI test to take

A California DUI cop doesn't have to tell a suspect of his or her Miranda rights (to an attorney, to remain silent).

Not until arrested is the Miranda Advisement required.

In California DUI cases, cops pop all the questions before handcuffing to eliminate any obligation to Mirandize.

The California DUI suspect does not have to answer any questions but most folks do regardless because they don't know that.

California DUI police don't take folks downtown and ask in a room: Did you commit a DUI?

In California DUI cases, the person has no right to speak to an attorney before deciding whether to take the breath or blood test (it's called the "implied consent" law when one gets her or his driver's license).

But, any pointed DUI questioning after arrested, like in the cop car:

"Did you feel the effects of the drinks?

Of course - I was very drunk (or similar wrong thing to say)"
...
may not be used against him or her in the California DUI trial and should be suppressed by the DUI trial judge upon motion by criminal defense lawyer.

The below recent case considers one's rights under Miranda and statements regarding the refusal of a DUI breath test.

Suppressed was a statement by defendant that she "would refuse to take a breath test because, having consumed two glasses of wine, she feared that she would not pass."

Here's the key DUI factors: whether the question is a normal 'booking' question, and questions that are designed to elicit non-incriminatory responses.

The statement that she would not take the breath test was not a response to “interrogation” for purposes of Miranda because the question that elicited the response was part of the normal arrest and booking procedures, and her statement that she had consumed two drinks was not a response to “interrogation” for purposes of Miranda because the question that elicited that response was not a question that the police officer should have known would elicit that response.

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Appellant Cross-Respondent,
v.
Deidra Colleen GARDNER, Defendant-Responden t Cross-Appellant.

MI070821; A139006.

Argued and Submitted Nov. 24, 2009.
Decided June 30, 2010.

Crook County Circuit Court.
Gary S. Thompson, Judge.
Patrick M. Ebbett, Assistant Attorney General, argued the cause for appellant-cross- respondent. On the opening brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Sally L. Avera, Senior Assistant Attorney General. On the reply brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jamie K. Contreras, Assistant Attorney General.

Kristin A. Carveth, Deputy Public Defender, argued the cause for respondent-cross- appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

--- P.3d ----, 2010 WL 2595287 (Or.App.)



SCHUMAN, J.



*1 In this driving under the influence of intoxicants (DUII) case, the trial court suppressed a statement by defendant that she would refuse to take a breath test because, having consumed two glasses of wine, she feared that she would not pass. According to the trial court, defendant's statements were inadmissible because police officers did not give her Miranda warnings. The state appeals. ORS 138.060(1)(c). Defendant cross-appeals, arguing that police did not have probable cause to arrest her. We reverse and remand on appeal and affirm on cross-appeal.



The facts are not in dispute. Officer May, on patrol near Prineville, received a report from a citizen complainant who indicated that a white Ford pickup truck was swerving in its lane and repeatedly activating its left turn signal without ever turning. May intercepted the truck and began following it. He saw it weaving within the lane, then crossing over the fog line, and then correcting sharply. This particularly concerned May because the roads were icy.



May turned on his overhead lights and defendant pulled to the side of the road, then drove over 400 feet before coming to a stop. May approached her truck, explained to defendant why she had been pulled over, and asked for her license, registration, and proof of insurance. Defendant appeared confused during the encounter, and initially tried to give May her checkbook instead of her identification. He noticed that her eyes were glassy, her pupils were dilated and nonreactive to light, and her speech was choppy and nonresponsive. May ultimately obtained defendant's name and date of birth, instead of her identification, and returned to his car to run a record check on her. It came back clear.



When May returned to defendant's truck, he asked her to perform field sobriety tests. She refused. After May told her the consequences of a refusal and renewed his request, she refused again. May then arrested her for DUII, ORS 813.010, and took her to the local jail. When they arrived there, May-without giving defendant Miranda warnings-asked her if she would take a breath test and advised her of her right to refuse. Defendant asked May to explain what would happen if she refused, and he told her that a refusal could subject her to suspension of her license. She then asked what would happen if she was found guilty of DUII. He replied that there were different outcomes and options but that he could not tell her what the best choice was. Defendant repeated her questions two or three times before May directly asked her if she would consent to the test “right now.” Defendant responded, “I am afraid I will fail because I drank two glasses of wine, so I am going to refuse.” Defendant was then cited for DUII.



At trial, defendant filed a motion to suppress her refusal and statement, arguing that she was arrested without probable cause and that May failed to give her Miranda warnings before asking her to take the breath test. The trial court rejected the probable cause argument but agreed with defendant regarding her statements in response to May's question about the breath test. The court found that,



*2 “although her response very well might not be a part of a specific question other than, will you take the Intoxilyzer; the burden is on the State to prove that the statement made by [defendant] was voluntary. There is no question that she was currently in custody and under arrest for Driving Under the Influence of Intoxicants. She was asked on several occasions by [May] whether or not she would take the [breath test]. * * * The Court finds that the State has not proven that the admission made of drinking two glasses of wine was made voluntarily and orders that the admission be suppressed.”


The state appeals the trial court's ruling suppressing defendant's statements, and defendant cross-appeals the court's ruling on probable cause.

We reject defendant's cross-appeal. Defendant's erratic driving, evident confusion, and physical symptoms described above are more than adequate to create probable cause to believe she was driving while intoxicated.



Although the court's ruling suppressing defendant's statements is worded in terms of voluntariness, the court ruled in response to defendant's argument based on failure to administer Miranda warnings. The two inquiries-whether defendant's statement was voluntary and whether she received Miranda warnings-are not necessarily the same. Involuntary or coerced statements that result from custodial interrogation are inadmissible. A statement may be involuntary because a defendant's will is overborne or, presumptively, because the defendant did not receive Miranda warnings. State v. Vu, 307 Or 419, 424-25, 770 P.2d 577 (1989). In the present case, defendant's only argument on appeal is that she had a right to Miranda warnings and, because the state violated that right, her subsequent statements were presumptively involuntary and were therefore correctly suppressed. She does not argue that her will was overborne by coercion.



As a general rule, officers are required to give suspects Miranda warnings when they are subject to custodial interrogation. Miranda v. Arizona, 384 U.S. 436, 86 S Ct 1602, 16 L.Ed.2d 694 (1966); State v. Fish, 321 Or 48, 84, 893 P.2d 1023 (1995) (Graber, J., concurring in part and dissenting in part). In this case, there is no dispute that defendant was in custody for the purposes of Miranda when May asked her to take the breath test. The only issue is whether the officer's request constituted an “interrogation.” That issue arises with respect to two aspects of defendant's response to the request: her statement that she had consumed two glasses of wine and her statement that she would not take the breath test.



Oregon has adopted, for the purposes of Article I, section 12, of the Oregon Constitution the definition of interrogation set out in Rhode Island v. Innis, 446 U.S. 291, 100 S Ct 1682, 64 L.Ed.2d 297 (1980). See State v. Bradbury, 80 Or.App. 613, 616, 723 P.2d 1051, rev den, 302 Or 342 (1986) (adopting Innis's definition of interrogation) . Under that definition,



*3 “the term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.”


Innis, 446 U.S. at 301 (omitted). Thus, some questions are not “interrogation” (questions normally attendant to arrest and custody) and some non-questions are (statements that police should know are reasonably likely to elicit an incriminating response).

In State v. Cunningham, 179 Or.App. 498, 502, 40 P3d 535, rev den, 334 Or 327 (2002), we implicitly adopted the United States Supreme Court's explanation of what questions are “normally attendant to arrest and custody.” In South Dakota v. Neville, 459 U.S. 553, 564 n 15, 103 S Ct 916, 74 L.Ed.2d 748 (1983), the Court explained that a “police inquiry of whether the suspect will take a blood-alcohol test is not an interrogation within the meaning of Miranda ” because it is a question “normally attendant to arrest and custody.” The Court reasoned that the question came within the exception because it was highly regulated by state law and presented in virtually the same words to all suspects. Id. Thus, even if we were to conclude that the officer's question asking whether defendant would take the breath test was intended and likely to elicit an incriminating statement-ORS 813.095(1) creates the offense of refusing to take a breath test-the question is not “interrogation” for purposes of Miranda because it is part of the normal process of arrest and custody.



Defendant argues that, because May's colloquy went beyond what is “normally presented to other suspects,” the encounter differed significantly from that which is “normally attendant to arrest and custody.” We disagree. Nothing requires a police officer to read a warning verbatim. ORS 813.100, the implied consent law, is designed to overcome the possibility of physical resistance of a suspected driver, despite legal consent, without resorting to physical compulsion by imposing adverse legal consequences on a refusal to submit to the test. State v. Spencer, 305 Or 59, 71, 750 P.2d 147 (1988). In this case, due to defendant's confusion-evidenced by her inability to locate her identification, trying to give the officer her checkbook, and choppy, nonresponsive interaction with the officer-it was reasonable for May to engage her in colloquy in order to ensure that she understood the consequences of a refusal. We conclude that the court erred in suppressing evidence of defendant's refusal to submit to the breath test.



We reach a similar conclusion with respect to her statement that she had consumed two drinks. Nothing in May's conversation with defendant could be regarded as likely to elicit that statement. “[S]ince the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.” Innis, 446 U.S. at 301-02 (emphasis in original) (omitted).



*4 To summarize: Defendant's statement that she would not take the breath test was not a response to “interrogation” for purposes of Miranda because the question that elicited the response was part of the normal arrest and booking procedures. Her statement that she had consumed two drinks was not a response to “interrogation” for purposes of Miranda because the question that elicited that response was not a question that the police officer should have known would elicit that response. The trial court therefore erred in suppressing the statements.



On appeal, reversed and remanded; on cross-appeal, affirmed.