Friday, February 20, 2015

"What am I looking at if I try to run from cops attempting to arrest me for DUI," California lawyers are asked? 6 months in the slammer

6 months jail is what one guy got for a San Diego DUI - felony cop evasion beef in California, attorney say.

A man who was under the influence of drugs when he led deputies on a high-speed chase in the North County was sentenced Thursday to 180 days in jail and five years probation.
Matthew Wayne Ross, 31, pleaded guilty to a felony count of evading police and a misdemeanor count of driving under the influence of drugs in connection with the Jan. 6 pursuit.
Shortly before 11 p.m., deputies saw a dark Dodge Dart go through a red light at West Mission and Nordahl roads in Escondido, said San Diego County sheriff‘s Sgt. Paul Michalke.
The ensuing pursuit went westbound into San Marcos, with the suspect reaching speeds of more than 75 miles per hour and narrowly avoiding a collision with another vehicle at one point, the sergeant said. The chase ended just west of West Mission and North Rancho Santa Fe roads after deputies deployed a spike strip that flattened three of the Dart’s four tires.
Ross struggled with deputies while he was being taken into custody and was bitten on his right shoulder by a police dog.

Wednesday, February 11, 2015

California drivers must stop and submit to a DUI checkpoint when signs & displays are posted, attoreys remind.

In San Diego, DUI checkpoints trap motorists throughout the county.  Drunk Driving roadblock locations are posted by San Diego DUI attorneys.  Google posts these here.

In Florida, one lawyer maintains you can download a note and put it on your window as you enter a checkpoint.  That won't work on the left coast.

California drivers are often confronted with driving up to a DUI checkpoint.   If it can legally be avoided, do it.  But risk some cop stopping you if seen.

The question asked lawyers is whether a California driver has to stop at a DUI checkpoint?

The short answer is yes.

If you try not to, here is the law violated, not to mention a probable arrest for DUI.

California Vehicle Code Section 2814.2 provides:

"(a) A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.

(b) Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the driver's only offense is a violation of Section 12500.

(c) During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owner's authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and driver's license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officer's copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) of Section 22651, whether a notice to appear has been issued or not."

Saturday, February 7, 2015

NHTSA: No evidence that marijuana use leads to higher risk of traffic accident, California DUI attorneys share

Washington A government study released late Friday found no evidence that marijuana use leads to a higher risk of getting into a traffic crash, California DUI lawyers are told.
But safety advocates believe it is still dangerous to drive after smoking significant amounts of marijuana, and the government plans more testing.
The National Highway Traffic Safety Administration said this 20-month survey of drivers in 2013 and 2014 found that while drinking dramatically raises the chance of a crash, there was no evidence that marijuana use is statistically significant in boosting wreck rates.
The agency said the issue is of growing importance in the wake of marijuana being legalized in Colorado, Oregon, Alaska and Washington state for recreational use.
In Michigan, eight cities approved decriminalization measures last year for marijuana: Berkley, Huntington Woods, Mount Pleasant, Pleasant Ridge, Port Huron, Saginaw, Oak Park and Hazel Park.
The report's findings were based on two surveys. The National Roadside Survey, which collected information from volunteer drivers at 300 research checkpoints across the U.S., and a second study — the largest of its kind ever conducted — that assessed whether marijuana use by drivers is associated with greater risk of crashes. That study, in Virginia, gathered data over 20 months from more than 3,000 drivers who were in crashes, as well as a comparison group of 6,000 drivers who did not crash.
The percentage of drivers with evidence of marijuana in their system increased from 8.6 percent in 2007 to 12.6 percent in the study, NHTSA said
Marijuana users were about 25 percent more likely to be involved in a crash than drivers with no evidence of marijuana use. But that's because other factors — especially that more younger men are involved in crashes, NHTSA said — rather than marijuana use itself.
By comparing marijuana use among those in crashes and those who weren't, the safety agency said "other factors, such as age and gender, appear to account for the increased crash risk among marijuana users."
Former Acting NHTSA Administrator David Kelly said the study results shouldn't be interpreted as a flat declaration that driving after smoking pot use is safe. Further research is needed, NHTSA said, "before more definitive conclusions about drug use and crash risk can be reached."
"You can't say that driving while stoned is not a risk. We know it debilitates the ability to drive safely," he said.
The United States doesn't good a good job of testing for marijuana use among drivers, Kelley said. Police, he noted, often don't bother to test for marijuana if a driver already has tested positive for drunken driving.
Mason Tvert, director of communications for the Marijuana Policy Project in Denver, added that the group doesn't want people driving after significant marijuana use.
"Nobody should drive while impaired by any substance, and that's why there are laws on the books to address it. While the research is pretty clear that marijuana use is not remotely as problematic as alcohol when it comes to driving, it can cause impairment. We need to have laws that are grounded in science and punish only drivers who were actually impaired. It's worth noting that there is also research that has shown people who have used marijuana are more likely to recognize if they are impaired than those who have used alcohol," he said.
But he said police often go too far.
"Arresting hundreds of thousands of people for simply possessing marijuana will not do anything to prevent people who make the mistake of driving under the influence. We would never approach the problem of drunk driving by making it illegal for adults to drink responsibly. It's just as foolish to do that when it comes to adults who use marijuana responsibly," he said.
It's difficult to determine at what level marijuana use may impair driving, the government said, because — unlike with alcohol testing — there aren't precise levels of chemicals from marijuana proven to correlate with impairment.
Drugged drivers
Michigan had the 12th highest rate of drugged drivers in the country from 2006-09, says the Substance Abuse and Mental Health Services Administration.
While all states prohibit driving under the influence of drugs, there's significant variation in the minimum acceptable levels of marijuana or its traces in a driver's system.
Sixteen states, including Michigan, forbid any presence of prohibited drugs, while five others have specific limits for marijuana. In October, Gov. Rick Snyder signed legislation allowing police to conduct a roadside analysis for drugs, in addition to alcohol.
Mothers Against Drunk Driving has made drug use behind the wheel a bigger focus. MADD this year changed its mission statement to include "help fight drugged driving."
"MADD hopes to bring awareness to the growing threat of drugged driving on our roadways, much in the same way we have with drunk driving since our founding in 1980," the group says on its website.
"While the substances are different, the results are the same — needless deaths and injuries."
NHTSA is conducting additional studies to further understand the risk of driving after drug use, including the Washington State Roadside Survey, "which will assess risk in a state where marijuana has recently been legalized."
It also is on board with the National Institute on Drug Abuse for a simulator study to assess how drivers under the influence of drugs behave behind the wheel, the agency said. Ongoing research, it said, "will refine our understanding of when marijuana use by drivers" increases the effect it has on driving.
"Researchers have developed a deep body of knowledge about the link between drinking, driving and risk. We know drunk driving kills," added NHTSA Administrator Mark Rosekind.
"The combined message of these two surveys is that our work to understand and combat drunk driving is paying off, but that we have much to learn about how illegal drugs and prescription medicines affect highway safety — and that developing that knowledge is urgent, because more and more drivers have these drugs in their systems."
Weekend numbers fall
As marijuana use behind the wheel is rising, the incidence of driving on weekends after drinking has fallen sharply.
The study said the proportion of drunken drivers on the roads has fallen by 80 percent since 1973. The study found about 1.5 percent of weekend drivers had blood-alcohol concentrations equal to being legally intoxicated, 0.08 percent or above.
The proportion of drivers with any alcohol in their system declined by about 30 percent from 2007 to 2014.
Drivers with a breath alcohol level of 0.08 percent were about four times more likely to crash than sober drivers, NHTSA said, while drivers with an alcohol level of 0.15 percent were 12 times more likely to crash than sober drivers.

Friday, January 30, 2015

1 out of every 8 Colorado DUI cases involves marijuana, lawyers are told

Holy Smokes, Colorado!  1 in every 8 citations written by the Colorado State Patrol in 2014 for impaired driving or DUI involved suspected marijuana use, according the Denver Post's reference to new statistics from the agency, San Diego California DUI attorneys share.

The apx. "numbers are the first year-long data the state has ever released on stoned driving, and they add new context to an ongoing debate over whether marijuana legalization will make Colorado's roads less safe. But they also provide far from a conclusive answer to the question.
For 2014, The State Patrol reported that troopers issued 5,546 citations for driving under the influence of drugs or alcohol. Of those, 674 — about 12.2 percent — involved suspected marijuana use, either alone or in combination with other intoxicants. For 354 of those citations — about 6.4 percent of the total, or one in every 16 — marijuana was believed to be the only substance involved.
The State Patrol did not provide statistics on the marijuana blood levels found in the cases or how often the citations led to convictions. The numbers also don't provide a complete picture on stoned driving enforcement in Colorado because they don't contain tallies from local police and sheriff's departments.
Still, state highway officials said they show the need to educate people that driving stoned is not OK.
"We won't be satisfied until everyone in Colorado takes driving high seriously, so the need for awareness and education is paramount," Amy Ford, a spokeswoman for the Colorado Department of Transportation said in a statement accompanying the new numbers' release.
CDOT last year spent $1 million on an ad campaign called "Drive High, Get a DUI." Even after the campaign, a CDOT study found that 21 percent of recreational marijuana consumers didn't know they could be cited for driving under the influence of pot.
Because DUI cases involving marijuana are not differentiated in court data, Colorado has long struggled to determine whether stoned driving is an increasing problem in the state. Last year was the first year the State Patrol began tracking marijuana DUIs. The agency now has 61 troopers who are trained as drug recognition experts."

Wednesday, January 28, 2015

San Diego County DUI Law Center's Attorney Rick Mueller announces these checkpoint locations Super Bowl Weekend

San Diego County DUI Law Center's Attorney Rick Mueller announces these checkpoint locations Super Bowl Weekend.

DUI/Driver's License checkpoint Planned this Weekend

The San Diego County Sheriff's Department, San Marcos Sheriff’s Station in conjunction with the Escondido Police Department, Carlsbad Police Department, California Highway Patrol, Cal-State San Marcos Police Department, Palomar College Police Department and San Diego County Probation Department, "AVOID the 8 on SR-78 ", will be conducting a DUI/Driver's License checkpoint on January 30, 2015 at an undisclosed location within the city limits between the hours of 6:30 p.m. to 2:30 a.m. Checkpoints are placed in locations that have the greatest opportunity for achieving drunk and drugged driving deterrence and provide the greatest safety for officers and the public.

The deterrent effect of DUI checkpoints is a proven resource in reducing the number of persons killed and injured in alcohol or drug involved crashes. Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.

The deterrent effect of DUI checkpoints is a proven resource in reducing the number of persons killed and injured in alcohol or drug involved crashes. Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.

In California, this deadly crime led to 774 deaths because someone failed to designate a sober driver

Monday, January 26, 2015

San Diego DUI Super Bowl Update by local attorneys

San Diego County DUI Law Center Super Bowl Update News Flash

There will be increased California DUI patrols by Sheriff's Deputies across San Diego county starting Sunday, February 1 at 3:00 p.m. all the way through 5:00 a.m. February 2, 2015, attorneys are told.

San Diego Police Department will have roadblocks.  CHP will patrol like crazy, San Diego DUI lawyers know.

San Diego California DUI Deputies will stage DUI Checkpoints between 8:00 p.m. and 3:00 a.m. in the following Sheriff's contract cities leading up to Super Bowl Sunday:

• January 30 – San Marcos
• January 31 – Encinitas

In 2014, more than 1,400 people were arrested for San Diego California DUI by the Sheriff's Department.

In 2013, San Diego California DUI Deputies arrested 1,888 people for DUI, Vehicle Code Sections a, b and e.

"There's no reason anyone should be drinking and driving," said Sheriff Bill Gore. "It's completely avoidable.

Never get behind the wheel after drinking.


Sunday, January 18, 2015

California DUI Checkpoint at 1000 East Vista Way results in 5 Drunk Driving Arrests, with more on the way warn San Diego attorneys

Southern California DUI Checkpoint locations are collected at the San Diego DUI attorney firm of San Diego County DUI Law Center.  With the Super Bowl DUI enforcement weekend sneaking up on us, be aware of which California road routes to avoid in San Diego County, DUI lawyers warn.

San Diego County Sheriff's Deputies conducted a SAN DIEGO CALIFORNIA DUI Sobriety/Driver License checkpoint on Saturday, January 17, 2015, from 7:30 pm until 2:00 am.

This SAN DIEGO CALIFORNIA DUI checkpoint was conducted in the 1000 block of East Vista Way, in the city of Vista.

The following are the results of the Northern SAN DIEGO county CALIFORNIA DUI checkpoint:


Funding for this San Diego DUI Checkpoint grant was provided by the California Office of Traffic Safety.

Thursday, January 8, 2015

Ignition Interlock Devices reportedly do nothing to lower recesivism for California DUI offenders, lawyers announce

Based on a 3 year study, the California DMV finds Ignition Interlock Devices (IID's) do little or nothing to lower recisivism or deter first time DUI offenders. In a number of pages of DMV report, the following conclusion 
is repeated, once for each level of recidivism and then for drug or reckless driving as well:

"After adjusting for the change observed in non-pilot counties and other covariates, the results of the ARIMA time series analysis showed that there was no difference in the license based rates of DUI convictions in the pilot counties among first, second and third or more DUI offenders during the pilot program as compared to the non-pilot program"

The numbers reveal a general decrease in DUI at all levels similar in both 
pilot and non-pilot counties. California pilot counties had no significant statistical difference in the overall rate of DUI convictions than in non-pilot counties.

But there's lots of numbers here in 155 pages.  San Diego California DUI attorneys wonder if statistics can be misleading?

Conservative courts continue to order the IID when someone is convicted of DUI.  

California DMV allows for Early Reinstatement of license, with a little help from California DUI lawyers.

Monday, January 5, 2015

Problem solving with the right amount of alcohol, California DUI Lawyers share

Reach the perfect creativity level -- with one bottle of this beer Studies
have shown that being slightly tipsy helps boost creativity. A new beer
called The Problem Solver can help you reach the optimal level of
intoxication in one serving

Could this beer fix all your back-to-work problems?

Forget Dry January: there’s a beer that will help you work better.

Being slightly boozed up can help the creative juices flow, according to
researchers at the University of Illinois at Chicago, who found that the
ideal blood alcohol level for creative problem solving is 0.075pc, just
under the legal driving limit of 0.08pc.

The research prompted the Danish advertising agency CP+B to create *The
Problem Solver, a beer “especially made to bring you as close to your creative peak as possible”.

The craft India Pale Ale has an alcohol content of 7.1pc and comes in a
75cl bottle, allowing the average drinker to reach the optimal level of
tipsy creativity with one serving.

The bottle also comes equipped with a measuring chart on its side, so
non-average drinkers can adjust how much they drink according to their

The University of Illinois at Chicago study, which was published in 2012 in
the journal Consciousness and Cognition, gave participants three words and
asked them to think of a word that can be connected to each -- for example,
the word “pit” can be attached to “peach”, “arm” and “tar”.

One group was slightly intoxicated, with a blood alcohol content of around
0.075pc, while the other group was sober.

Not only were the tipsy participants able to think of more answers, but
they worked more quickly and their solutions were more insightful.

These results have been likened to the effect of feeling bored or sleepy:
the mind drops its attention to detail and its desire to follow logical
steps of association, freeing up the thought process and allowing the mind
to gallivant in uncharted directions.

Another study,* conducted by The Drum reached similar results. 
For the experiment, 18 advertising executives were
split into two teams -- one sober, one with unlimited alcohol supplies --
and given three hours to come up with a brief on tackling binge drinking.

The inebriated group was found to be more productive, thinking of 23pc more
ideas than the other team. They also cooked up four of the five top ideas,
while the sober team produced four of the five worst ideas.

The Problem Solver beer, which is brewed by the *Rocket Brewing Company is currently only available in

Sunday, January 4, 2015

Rose Bowl Golf Cart popped for California DUI on Pasadena Freeway, lawyers told

The San Diego County DUI Law Center is often asked if a golf cart is considered a vehicle for DUI purposes.  The answer is yes in California, attorneys remind.

A 19-year-old man was arrested on suspicion of DUI after driving a stolen Rose Bowl golf cart onto the 210 Freeway in Pasadena following a college football game on New Year's Day.

California Highway Patrol officers responded after receiving a 911 call from someone who told them they spotted the golf cart on the eastbound 210 near Lake Avenue Thursday night.

A separate 911 call reported that the cart exited the freeway at Hill Street.

CHP officers tracked it down on Corson Street just west of Hill Street and pulled over the driver, Andrew Aldridge, who was the cart's lone occupant.

The Dana Point man allegedly confessed to officers that he took the golf cart from the Rose Bowl, which earlier in the day hosted the playoff semifinal game between the Oregon Ducks and the Florida State Seminoles.

The vehicle had Rose Bowl stickers on the side.

"He took the cart and was trying to get to his car on the other side of Pasadena," CHP Sgt. Mike Munoz told the Los Angeles Times. "It's definitely chalked up as one of the new experiences for a lot of people here."

Aldridge was arrested at around 10:45 p.m. on suspicion of drunk driving. He was booked without incident into the Pasadena Police Department.