Thursday, September 2, 2010

Labor Day holiday drunk driving checkpoints at this updated site Click

10 out of 10 Avvo - rated California DUI Criminal Lawyer warns people of Labor Day holiday drunk driving checkpoints at this updated site. Click on map and find the location of DUI checkpoints in the places you will be this weekend.

A Superb California Drunk Driving Attorney for those accused of a San Diego California DUI offers free San Diego California DUI consultations for San Diego California DUI court and San Diego California DMV. 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. California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller devotes all of his San Diego DUI law practice to aggressively defending DUI & DMV cases.

California's DUI & Drunk Driving Defense Survey

here - DUI consultation site

to get started.

Tuesday, August 31, 2010

California DUI Expungment information - Q and A.

California DUI Expungment information - Q and A.

What is Expungement law

Penal Code Section 1203.4:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."

Will I need to go to Court?

No. A California DUI Criminal Defense Attorney can handle all Court work for you.

What about applying for jobs?

* If Private Employers ask if you have every been convicted of a crime, you generally can respond with "NO".

* (Each question is different so please first contact a California DUI criminal defense lawyer before answering any specific question, in every case and for every form.)

* On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.

What doesn't a DUI Expungement do?

Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense remains "priorable".

* It can still be used to enhance penalties & increase punishment should you get another DUI.

* It can be used to try to put you in jail or increase the length of a DMV suspension.

Does this erase all records and destroy the Court file?

No. An expungement is the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court.

Monday, August 30, 2010

San Diego California DUI Checkpoint & Drunk Driving Enforcement Campaign Press Release -upcoming weekend, summer update, checkpoint warning link

PRESS RELEASE
For Immediate Release August 30, 2010

SUMMER/LABOR DAY AVOID DUI ENFORCEMENT CAMPAIGN
DUI Arrests Are Up While DUI Fatalities Are Down

The Summer/Labor Day National Anti-DUI crackdown has resulted in a significant number of DUI arrests from local routine traffic enforcement and special Avoid the 14 DUI deployments overnight in San Diego County.

San Diego DUI Sheriff's Department just announced a Poway DUI checkpoint for Friday September 3rd.

From 12:01 AM Friday August 20 , 2010 through Midnight Sunday August 29, 2010 officers representing 14 county law enforcement agencies have arrested and booked into custody 570 individuals for driving under the influence of alcohol or drugs. In 2009 548 DUI arrests and bookings occurred during the same ten (10) day time period.

So far this year there have been two fatal DUI related collisions; one in Santee and the other in San Diego.
Fatal collisions are down from the same enforcement period last year. In 2009, there were seven total fatalities
reported.

(**NOTE: These numbers are only provisional with some agencies yet to report**)
Over the course of the next several days of the campaign there are no special operations planned until next
weekend, all regularly scheduled traffic and patrol officers will focus efforts at stopping and arresting DUI
drivers during their normal shifts.
Police, Sheriff and the CHP encourage all motorists to help make your community safer: Report Drunk Drivers – Call 911. Funding for this program is provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
DUI arrest data collection will continue through Labor Day midnight Monday, September 6, 2010.

For regular San Diego Attorney Blog and Southern California DUI Checkpoint information, visit this special site.

In every California DUI case where the officer took your license OR issued a pink temporary order of suspension, the DMV attempts to suspend

In every California DUI case where the officer took your license OR issued a pink temporary order of suspension, the DMV attempts to administratively punish you by suspending your privilege to operate a motor vehicle in California.

California DUI lawyers can save licenses at DUI - DMV hearings. California drunk driving attorneys understand California's applicable administrative laws.

You, or preferably your California DUI defense attorney, must call, write or fax California DMV requesting a DMV hearing within 10 calendar days of your drunk driving arrest.

Here's 10 simple things to remember:

10. If you need to save your driver's license or privileges, your 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 attorney's calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.



9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.



7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.



6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.



5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.



If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.



4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)



Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.



2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!



1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!






Video of San Diego DUI / DMV Attorney

Sunday, August 29, 2010

California DUI or drunk driving arrest? California DUI attorneys are available to defend your California drunk driving case

California DUI or drunk driving arrest? California DUI attorneys are available to defend your California drunk driving case.



Your first California DUI arrest may be the best opportunity for your California DUI defense lawyer to aggressively defend and to request a reduced California DUI sentencing. Retaining top California drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial California jail time.



A high quality California DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper California procedure.



If your California DUI criminal lawyer checks for an illegal action of the police officer so it could be grounds for California DUI case dismissal.



Even if all proper California procedures were done, your California DUI attorney will nonetheless defend your California drunk driving case.



A

Superb-rated

California DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish.





Properly defend your California DUI case and give you the best chance to get back to your life, it is important to seek California DUI legal representation immediately.



There to protect your legal rights and reduce penalties to the minimum, your California DUI criminal defense lawyer will keep you advised every step of the way.

Saturday, August 28, 2010

Lady on Cell Phone rams into DUI Checkpoint in Northern California.

Lady using cell phone while driving arrested for a California DUI. She rams into a car at roadblock. No one has confirmed yet if she was on a California DUI checkpoint website looking for which drunk driving roadblocks to avoid at the time - California Drunk Driving checkpoint updates.

California DUI checkpoint cops were interrogating another driver a couple of nights agao at a California drunk driving checkpoint in Fresno when this lady starts speeding toward them with no car lights.

She was on her cell phone. Cops do not yet know if she was texting or calling someone on her phone before being arrested for a California DUI.

For more details, visit here.

Bill to governor Schwarzenegger that would let judges have the authority to revoke a driver’s license for repeat Cal DUI offenders for up to 10 years!

A new California DUI bill to governor Schwarzenegger that would let judges have the authority to revoke a driver’s license for repeat DUI offenders for up to 10 years, criminal defense attorneys just learned.

AB 1601 states that a person can have their license revoked for ten years if they have three or more DUI convictions in California within a ten year period. Schwarzenegger's camp supports this California drunk driving bill. Criminal Defense lawyers suspect he may sign it within the next thirty days.

Jail Transporting Peace Officer Arrested for California Felony DUI

August 28, 2010 Drunk Driving News Flash

A Bakersfield area, California detentions deputy has been accused of DUI after she allegedly ran into a pole with two inmates. California Highway Patrol picked up a drunk driving report of an accident in the parking lot of Kern County Jail.

A California DUI officer found the deputy allegedly exhibiting signs of intoxication at the scene of the collision. A California DUI investigation opined she was drunk or DUI.

Allegedly because of her level of intoxication, her vehicle hitting a concrete base of a light pole at 25 mph.

Get this. The arrested cop was transporting two inmates at the time of the crash. Both received minor injuries and were treated.

Friday, August 27, 2010

What is a wet and reckless or wet reckless anyway? California DUI attorneys explain this wet reckless reduced from a DUI

In California people sometimes refer to a Wet Reckless or Wet & Reckless Charge.

Based on California Vehicle Code Section 23103 per 23103.5, California DUI criminal defense lawyers explain it is an alcohol-related reckless driving (no recklessness ordinarily is involved).

This came about when California MADD convinced the legislature that too many "drunk drivers" were "getting of4" because California DUI criminal defense attorneys, City Attorneys / District Attorneys and/or California DUI courts were letting folks plead to ordinary reckless driving which did not count as a prior, did not have mandatory jail, etc. That all changed. Contact a lawyer for further information.

California DUI breath estimators may be inaccurate as unreliable design reveals defects exposed by criminal defense attorneys

California DUI breath estimators may be inaccurate. Unreliable design has revealed defects exposed by criminal defense attorneys. Drunk Driving machines in California are not specific for alcohol in that they do not actually measure alcohol.

Because of their designed infrared interpretation, California DUI lawyers have showed the estimators report hundreds of non-alcohol compounds as "alcohol".

California DUI breath estimators attempt measure alcohol on one's breath. Its computer then multiplies the reading 2100 times to get a reading of alcohol in the blood. An amount of alcohol in the blood is greatly reduced as it crosses from the blood into the alveolar sacs of one's lungs and into one's breath. An average human has 2100 times more alcohol in his blood than in his breath. This theory varies tremendously among folks, yet another defect in these DUI estimators.

If alcohol in the breath sample did not come from one's lungs - and instead came from one's mouth or throat, then it will not have been processed through one's body, into the blood and then out through the lungs. The alcohol then will not have been reduced 2100 times. Yet the drunk driving estimator always multiplies it 2100 times.

Alcohol stays in the tissue of the oral cavity or esophagus for, at a minimum, 15 minutes until diluted and flushed down into the stomach by saliva. A person who drinks right before driving California roads, before being tested, could affect the estimator.

Alcohol trapped in one's dentures or gum cavities could also affect the DUI estimator.

A slight regurgitation of gas, burp, or belch within 15 minutes before taking the test sends up alcohol from alcohol in one's stomach into his mouth and esophagus, also affecting the estimator.

GERD, GastroEsophageal Reflux Disease" prompts "acid reflux", commonly experienced as heartburn, could also affect the dui estimator.

Acid reflux is usually caused by a "hiatal hernia", damage to the pyloric valve separating the stomach from the esophagus. When the valve cannot close completely, then liquids and gasses from the stomach can rise into the throat and oral cavity, to remain there until once again flushed back down.

Because acid reflux can be caused by stress, it is commonly experienced by those kind of folks stopped by California police officers for suspicion of DUI. Performing acrobatics or gymnastics magnify the stressful / acid reflux condition.

Alcohol in one's stomach rises into and permeates one's mouth and throat. Then the alcohol becomes mixed with breath passing from one's lungs through the throat and mouth and into the California DUI estimator.

Because alcohol is being multiplied by the machine 2100 times, a tiny, invisible amount of absorbed alcohol erroneously is read as a falsely elevated result.