Saturday, January 31, 2009

Super anti-DUI enforcement effort planned for California

California DUI criminal defense lawyers at and California drunk driving defense attorneysreport Super Bowl Sunday is one of America's biggest sporting events yet, it is also one of the Nation's most dangerous days on the roadways due to drunk driving.

In 2007, fatalities in alcohol-impaired-driving crashes accounted for 32 percent of all motor vehicle traffic fatalities. In 2008, 12 people died due to alcohol related accidents on Super Bowl Sunday.

In preparation for this year's Super Bowl the Salinas Police Department will be conducting a Drunk Driving Checkpoint on Friday January 30th, along with additional patrols on Sunday February 1st. The added D.U.I. patrols will be aggressively searching for drivers that are operating motor vehicles while impaired.

These added enforcement measures are funded through a grant from the California Office of Traffic Safety.

The Super Bowl is two days away, but law enforcement throughout the Sacramento region is planning anti-DUI efforts beginning tonight.

The California Highway Patrol will conduct a Rapid Apprehension of Impaired Drivers (RAID) strike force operation at 7 p.m. tonight in Sacramento and El Dorado counties, a CHP news release states.

CHP Valley Division Chief Stan Perez and nearly a dozen two-officer units will conduct roving drunken driving patrol in Rancho Cordova and El Dorado Hills.

The CHP's new Rancho Cordova Area Office -- which opened today -- also will be fully staffed tonight as the operation's command post.

Sacramento police also will have extra officers on duty throughout the weekend, looking for drunken drivers in the city.

CHP Officer Steve Merchant said that though the weekend isn't counted as a maximum-enforcement period like other holiday weekends, officers associate Super Bowl weekend as a "DUI-related weekend," Merchant said.

"Generally the numbers go up," he said.

Merchant said people attending Super Bowl parties where alcoholic drinks will be served should plan ahead.

"If people are going to come, encourage them to carpool and have a designated driver, or be prepared to stay if you're in a position to drive," he said. "Let people know that getting intoxicated and driving is not an option at your party."

If you have to have a drink in hand but want or need to drive home, try bringing along your favorite non-alcoholic beverage.

If football fans must have a beer or cocktail, the key is trying not to overindulge.

California DUI Evaluation for your best San Diego California DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good folks.

Friday, January 30, 2009

Super Checkpoint Bowl crackdown for California DUI offenders

California DUI criminal defense attorneys are told the California Highway Patrol will be cracking down this Super Bowl Sunday after drunk driving claimed 12 lives during last year's festivities, three times the daily average in California.

"We're not discouraging the celebration," said CHP Commissioner Joe Farrow. "We're asking fans to make the right call, so they won't find themselves benched in a jail cell."

Last year, 167 people were injured in alcohol-related crashes throughout the state and CHP officers arrested 403 motorists for driving under the influence, according to the CHP.

This year, CHP, sheriff's departments and local police departments will be deploying special DUI patrols as part of the Avoid Campaign across the state to lower alcohol-involved deaths and injuries.

"A DUI is no 5-yard penalty," Commissioner Farrow warned. "It's something that will follow you around for years to come."

Law enforcement invites the public to help by calling 911 to report a suspected drunk driver. Callers should be prepared to provide dispatchers with a description of the vehicle, its location and direction of travel. In addition to designating a driver, the CHP encourages motorists to wear a seat belt and comply with the speed limit.


Riverside Police Department Targets Impaired Drivers with Checkpoint

The Riverside Police Department will be conducting a DUI/Drivers License checkpoint on Friday, January 30, 2009, from 6:00 p.m. to 12:00 a.m., in an effort to reduce the number of persons killed and injured in alcohol involved collisions. DUI checkpoints are conducted to identify offenders and get them off the street, as well as educate the public on the dangers of impaired driving.

Last year, the City of Riverside had experienced eleven fatalities as a result of DUI driving; there were six in 2007. This DUI/Drivers License checkpoint will be conducted as an effort to reduce those tragic incidents that result in a loss of life due to a DUI driver. Additionally, officers will be checking that drivers possess a valid driver’s license.

A DUI checkpoint is a visible and effective method for raising awareness and reducing the incidence of drinking then driving. By publicizing these enforcement and education efforts, the Riverside Police Department believes motorists could be deterred from drinking and driving and encourages sober designated drivers.

Traffic volume and weather permitting, all vehicles at the chosen location may be checked. Drivers who are under the influence of alcohol and/or drugs will be arrested. Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol and/or drugs – Drunk Driving, Over the Limit, Under Arrest.

The public is encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver.

California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again. Take the important free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.

Thursday, January 29, 2009

California DUI lawyers strive to avoid Super Bowl drunk driving arrests

California DUI criminal defense lawyers and California Drunk Driving criminal defense attorneys have a Super Bowl Message:

Fans Don’t Let Fans Drive Drunk

Make the right play to save your life and others.

Super Bowl Sunday is one of America’s biggest and most entertaining national sporting events as friends and families gather to socialize and watch the big game. Yet, it is also one of the Nation’s most dangerous days on the roadways due to impaired driving.

In 2007, fatalities in alcohol-impaired-driving crashes accounted for 32 percent of all motor vehicle traffic fatalities. On Super Bowl Sunday (12:01 a.m. Sunday to 5:59 a.m. Monday), 48 percent of the fatalities occurred in crashes where a driver or motorcycle rider had a blood alcohol concentration (BAC) level of .08 and higher.

In preparation for this year’s Super Bowl the Salinas Police Department will be conducting a Drunk Driving Checkpoint on Friday January 30th. along with additional patrols on Sunday February 1st. The added D.U.I. patrols will be aggressively searching for drivers that are operating motor vehicles while impaired. These added enforcement measures are funded through a grant from the California Office of Traffic Safety.
“We want to pass our safety message to everyone who will be drinking this weekend, real Fans Don’t Let Fans Drive Drunk,” said Salinas Police Chief Daniel M. Ortega “Please call the right play for the big game and pass your keys to a designated driver before the Super Bowl party begins. Getting caught driving while impaired will result in a costly penalty from local law enforcement.

The California Highway Patrol will be out in force on Sunday to make sure Super Bowl celebrants make it home safely after the big game.


The CHP, along with police and sheriff's departments, will deploy special DUI patrols across the state in an effort to lower alcohol-involved deaths and injuries.

“We're not discouraging the celebration,” CHP Commissioner Joe Farrow said in a news release. “We're asking fans to make the right call so they won't find themselves benched in a jail cell.”

CHP officials suggest a fan's game plan include designating a non-drinking driver long before the Cardinals and Steelers take the field on Sunday.

According to the CHP, 12 people were killed in alcohol-related collisions in California on Super Bowl Sunday 2008.

That's three times the daily average in California.

Last year, officers arrested 403 motorists for driving under the influence on game day.

“The CHP is aware this is Super Bowl Sunday and we're going to be extra vigilant looking for the impaired driver and drivers who are under the influence of alcohol and drugs,” said Ramon Perez, public information officer for the Indio CHP station.

The public can call 911 to report a suspected drunken driver. Callers should be prepared to provide dispatchers with a description of the vehicle, its location and direction of travel.

“A DUI is no 5-yard penalty,” Farrow said. “It's something that will follow you around for years to come.”

Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, the book features some of California Drunk Driving & DUI attorney Rick Mueller's hard work.



California Drunk Driving & DUI drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



California Drunk Driving & DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials.

Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



California DUI & DMV Defense Lawyer resource center:

Wednesday, January 28, 2009

CHP beefs up Super Bowl California DUI enforcement

California DUI defense lawyers report the California Highway Patrol will have more officers patrolling across the state on Super Bowl Sunday in an attempt to lower alcohol-related deaths and injuries.

On Super Bowl Sunday 2008, 12 people were killed and 167 injured in alcohol-related crashes in California.

"We're not discouraging the celebration," CHP Commissioner Joe Farrow said in a news release. "We're asking fans to make the right call, so they won't find themselves benched in a jail cell."

A total of 403 people were arrested for driving under the influence on Super Bowl Sunday of last year.

"A DUI is no 5-yard penalty," Commissioner Farrow warned. "It's something that will follow you around for years to come."

The CHP encourages people to use a designated drive on game day.


Searching for a qualified California DUI Lawyer ?

Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.



A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.



Some excellent questions to begin asking when searching for a California DUI lawyer are:



What are his or her California DUI attorney's qualifications?



Is he or she a Specialist member of the California DUI Lawyers Association?



Is he or she a member of the National College for DUI Defense?



Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.



You can read more -Why use San Diego County's Specialist in DUI and DMV Law Or try a Free California DUI Evaluation
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

California's San Diego DUI Lawyers:

Tuesday, January 27, 2009

Maintain lane when driving with 5 pounds of marijuana to avoid California DUI

California DUI criminal defense lawyers are told someone was arrested early Monday morning after he was found to be California DUI and had five pounds of marijuana in his vehicle, which was traveling southbound on Highway 101, north of the East Washington Street exit.

California Highway Patrol officers spotted a Toyota Tundra weaving on the highway at around 2:45 a.m. They found that David Lee Thomas, 39, was driving the vehicle, and administered California dui field sobriety tests to him.

Thomas subsequently was arrested for California DUI and while performing a routine search of the vehicle, CHP officers located a plastic tub containing some 5 pounds of dried marijuana, which had been vacu-sealed and packaged for sales, said CHP Officer Jonathan Sloat.

Thomas was booked into Sonoma County Jail on charges of California DUI, possession of marijuana for sales and transportation of marijuana for sales.

California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was exceptional.

Consider a California Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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Sunday, January 25, 2009

Key California DUI arrests made in recent cases

California DUI criminal defense lawyers and California dui criminal defense attorneys report Petaluma police arrested a motorist on suspicion of driving under the influence of alcohol after the man was targeted for a stakeout under a state program.

Charles Cole was stopped in the 800 block of Grouse Lane at 5:28 p.m. Friday after police observed Cole driving from his home in his 1990 Cadillac. He was arrested on suspicion of felony DUI, driving on a suspended license, and violating probation.

Cole, 49, is on probation for driving under the influence and has four prior convictions for the same offense.

The Petaluma Police Department conducts surveillance on motorists with multiple DUI convictions who are considered a high risk to other drivers.

The department has a grant from the California Office of Traffic Safety to conduct the Habitual DUI Driver Stakeout Program.


Also, an auto theft suspect was arrested after weaving the stolen car from Mill Valley to Richmond with a blood-alcohol level at nearly three times the legal limit, the sheriff's department said.
Danilo Cruz, 28, of Pinole was booked into the Marin County Jail on Friday after arriving from Contra Costa County, where he was treated for injuries after crashing the car.

The case began Thursday night when the California Highway Patrol received a report of a possible drunken driver on Shoreline Highway in the Tamalpais Junction area. The witness who reported the car provided police with the Honda Accord's description and its license plate number.

Police checked the plate number and learned the Honda had been reported stolen the previous day


View Larger Mapfrom Contra Costa County. As police began to search for the Honda, sheriff's Sgt. Gerald Jones went toward the Richmond-San Rafael Bridge in case the driver decided to head back to the East Bay.
A short time later, Jones saw the Honda traveling east on Sir Francis Drake Boulevard in Larkspur. He followed the car to the bridge and put on his lights and sirens to pull it over.

The driver did not yield and kept going over the bridge as other police joined the chase. When he reached Richmond, he lost control trying to turn left onto the Richmond Parkway and crashed into a concrete guardrail, said sheriff's Sgt. Doug Pittman.

Police arrested Cruz and took him to John Muir Medical Center in Walnut Creek for treatment of injuries from the crash.
Initial tests showed Cruz's blood-alcohol level to be .227 percent, Pittman said. The legal limit is .08 percent.

After his release from the hospital Friday, Cruz was brought back to Marin and booked on suspicion of vehicle theft, driving while intoxicated and evading police, according to the county jail. Bail was set at $25,000.

Saturday, January 24, 2009

New Drunk Driving & DUI laws in California

DUI / DMV Attorney Rick Mueller specializes in California DUI and
DMV law. California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . 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 exceptional.
Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



New driving laws for 2009 are now in effect for California motorists. These laws are regarded as trailblazing because they protect against the modern-day hazards of text-messaging while driving. They are also revolutionary in their stern clamping down of DUI violators.

In particular, two of these laws address the recent outbreak of car accidents involving cellular-phone use. Moreover, the third law imposes greater restrictions on a minimum alcohol level for convicted DUI drivers.

The first law is referred to as the “Texting While Driving” or the “No Texting Law.” This law prohibits any person from sending text messages on wireless phones or communications devices while driving. Any driver caught texting while driving will be pulled over by a police officer and fined for $20. If the driver repeats the offense, he will receive a $50 fine. Many California lawmakers attest that additional fees may be added on top of these fines.

The “Texting While Driving” law was developed in response to the recent rash of driving accidents caused by cellular phone use. Many of these accidents have resulted in the death of at least one driver or passenger, and were caused directly by texting. The previous version of this law, which is still in effect, prohibits drivers 18 years of age or younger from using wireless devices altogether, even handsfree devices. However, it has been noted that these types of accidents are becoming equally common with older age groups as well. Therefore, the “Texting While Driving” law is in effect for drivers of all ages.

No matter how tempted you are to answer or type a text message while driving, stop yourself from doing so until you are parked in a safe, legal area. A dead giveaway for police officers is seeing one hand on your steering wheel while you use your other hand to text. You simply do not want to risk incurring a hefty fee, much less cause injury or death to another party.

The “No Texting Law” also builds on another law governing wireless-phone usage that is still in effect. This law, titled the “Handsfree Law”, requires motorists ages 18 and over to use only handsfree wireless devices while they are driving. That is, they are prohibited from manually using their cellular phones while speaking on the phone.

It is universally documented that manually operating a cellular phone while driving exponentially increases your risk of getting into accidents. This is because, first of all, the driver loses manual control of the car by using only one hand on the steering wheel. In extreme cases, the driver often drives with his knees while using both hands to do text-messaging. Secondly, the manual use greatly detracts from the driver’s visual attention to the road. As a solution, California legislators chose not to entirely ban cell-phone use but remove its manual use. Therefore, they introduced the “Handsfree Law” to hopefully reduce the number of accidents caused by cell-phone use.

In summary, the “Texting While Driving” law demonstrates that California takes wireless-phone use seriously. Along with California, the states of Washington, Louisiana, Alaska, and New Jersey forbid texting while driving. Thanks to the “Handsfree Law”, California will likely see a considerable drop in accidents, prompting more states to follow suit with the texting ban.

California’s second major driving law, the “Zero Tolerance” law, protects against drunk-driving violations. Specifically, it prohibits drivers under probation for DUI charges from driving with a blood alcohol content (BAC) of at least .01 percent. However, a person can actually obtain this BAC from consuming innocuous substances such as soy sauce, cough syrup and even white bread. Nonetheless, if the BAC measures .01 percent on Preliminary Alcohol Screening (PAS) tests, a DUI-holding motorist can be convicted by a second DUI charge.

In view of this new law, it is remarkably easy for probationary drivers to get charged with probationary violations. A hypothetical situation is that a probationary driver may get pulled over for speeding. Once the officer sees he has a DUI, he will immediately submit the driver to a PAS test. Even if the driver has consumed a non-beverage substance containing alcohol, he will still receive violation charges.

California’s penalties for probationary offenses are severe. In some California counties, offenders may be penalized with a 3-5 year extension of their ordinary probation. Fortunately, offenders who have consumed innocuous substances can combat their penalties. It is advised that they hire a reputable DUI lawyer who can prove that the offender did not imbibe alcoholic beverages. Furthermore, the lawyer can submit the PAS device for forensic examination, since many PAS devices are obsolete and cannot measure alcoholic intake properly.

The saying “an ounce of prevention is worth a pound of cure” holds true for California DUI drivers on probation. If you fall into this category of driver, you should research foods that contain even trace amounts of alcohol you may be eating. Before you plan to drive, make sure you steer clear of these foods. Furthermore, every time you step out to your car, you should carefully take stock of foods you have eaten in the previous 24 hours. Should you get stopped by an officer, you will have no need to fear when he pulls out the PAS device.

Like the texting law, the “Zero Tolerance” law was previously aimed at minors. In 1994, the first “Zero Tolerance” law stated that only drivers under age 21 who were caught driving with a BAC of .01 percent would incur DUI charges. As with probationary offenders, the punishment for minor offenders was suspension of their driver’s license for one year. Today, these zero tolerance principles and penalties apply to probationary offenders. Though first-time DUI offenders over age 18 are charged with a minimum BAC of .08 percent, it is feasible that the “zero tolerance” BAC of .01 percent will soon apply to them. Either way, California is at the forefront of DUI legislation and is pulling out all stops against DUI drivers, especially repeat offenders.


San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



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Friday, January 23, 2009

Checkpoint for DUI in California tonight - Napa & Pasadena news

California DUI defense lawyers report that Napa police are doing their part this Friday to get drunken drivers off the road.

They will be conducting DUI saturation patrols within the city limits.
The patrols will be in areas where there has been a high number of traffic crashes and arrests involving suspected drunken drivers.

Napa police are attempting to cut down on collisions involving suspected DUI drivers. Police suggest those who have been drinking and believe they need to get behind the wheel of a car to call a cab, a friend, take the bus or even walk.
The funding for the DUI saturation patrols comes from a grant received from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Pasadena Police Department is conducting two enforcement details with an aim of reducing traffic collisions or deaths resulting from drunk driving and illegal street racing.

The department is scheduled to conduct a DUI saturation enforcement detail from 8 p.m. to 2 a.m. Friday, Jan. 23.

The illegal street racing enforcement detail is scheduled from 7 a.m. to 3 p.m. Wednesday, Jan. 28.

Funding for these programs was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Wednesday, January 21, 2009

New California cases address temporary operating permit vs. license plate issues, often arising in DUI cases

California drunk driving criminal defense lawyers report two new California cases, discussing issues often arising in DUI or drunk driving cases in California:

An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid; the officer must have a reasonable suspicion that the particular permit is invalid.
People v. Hernandez - filed December 11, 2008
Cite as 2008 SOS 6609
Full text http://www.metnews.com/sos.cgi?1208%2FS150038

Where officer saw that moving vehicle lacked license plates or a temporary permit in the rear window and could not--prior to initiating stop--see whether there was a temporary permit in the front window, officer had reasonable grounds for traffic stop.
In re Raymond C. - filed December 11, 2008
Cite as 2008 SOS 6611
Full text http://www.metnews.com/sos.cgi?1208%2FS149728

San Diego California DUI Lawyer - San Diego California Attorney Drunk Driving / San Diego California DWI Lawyer can help you beat the charge:San Diego California DUI Lawyer Rick Mueller, a San Diego California Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you.

California DUI Lawyer Rick Mueller is a Top-Rated San Diego California Drunk Driving, DUI & DMV Defense attorney with over 23 years of experience. Known as a "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free California Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego California DUI Attorney Rick Mueller Background and Contact Information

Californians report DUI drivers but CHP is slow to help

California DUI criminal defense lawyers tell the story of a citizen who called CHP. Here she reports: On Highway 85 last Thursday morning, I saw one of the worst drunk drivers I've ever seen. I called 911 immediately and gave the location, description of the car, license plate and direction of travel. I called back when the driver merged to Interstate 280 and followed this idiot to Page Mill Road, waiting for the CHP to show up. They never did! In almost 20 miles this guy nearly sideswiped at least five cars, slowed to 45, then jetted to 70 and weaved through the right lanes. When he exited at Page Mill, he almost rear-ended traffic stopped at the end of the ramp. What made matters worse was the behavior of other drivers when they encountered this erratic driver. Several became aggressive and tailgated. Others drew up alongside and gawked. It was a tragedy in the making. I work at a trauma center and constantly have to deal with the results of drunken driving. I tried to do my part. The SIG alert on my commute says to report drunk drivers, but it doesn't seem to work. Can the CHP really respond in time to catch a moving target?

A Yes, but not every time. Sadly, Brandie-the-CHP spokeswoman said, "this is not an abnormal event.'' Staffing levels with the Highway Patrol are about what they were 30 years ago, and it's not possible to get to every call like this. When a 911 call comes in, dispatchers first have to determine the exact location of the incident to forward it to the correct area. At that point, they will broadcast the incident over the air and attempt to get a unit to intercept the driver. If the caller continues to follow the suspect, she said the CHP does its best to intercept him or her. But here's the reality. If three patrol cars are at a crash scene or another incident elsewhere, getting a cop to your call may be difficult. In addition, there is a risk factor. If the closest unit is responding from the far end of its area of coverage, it would have to drive at an extreme speed just to catch up, and several officers have been involved in collisions. A Dublin officer was killed last year while attempting to overtake a possible DUI driver. Brandie adds: "To answer the reader's question: Can the CHP really respond in time to catch a moving target? Not always."

But the CHP urges you to call 911 and not give up. For every call they aren't able to respond to in a timely manner, there are many more where they do and a drunk is taken off the road.


Q I was driving on Highway 237 late Friday night around midnight when I noticed a bunch of punks, in three cars, blocking all lanes of the freeway and driving around 65 mph. I guess they were showing off their cars to each other by accelerating up to 75, then braking down to 65. In the back of my head I was like, "Man, those guys are asking for an accident." Lo and behold, the guy in front slams into the middle divider and spins 180 degrees. All his friends brake and surround him in the left and middle lanes. I slowed down and safely passed them at 25 mph in the right lane. I figure there were enough witnesses and I could see the guy in the damaged car unbuckling himself to get out. I called 911 to report the accident, location and other details. I was informed that a CHP officer would be sent over. Was there anything else I should have done?

A No, what you did was appropriate and wise. Some drivers may be tempted to stop and lend assistance, but that can put you in harm's way. The shoulder is a dangerous spot. Call 911 and be as specific as possible with details, but don't stop on the freeway.

San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . 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. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.



San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association.




Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



San Diego DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar (#114305).



Get Help Today:



Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

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Tuesday, January 20, 2009

California process for Department of Motor of Vehicles (DMV) after California DUI / Drunk Driving

California DUI criminal defense lawyers at provide information about the process involving a San Diego California DMV / DUI Hearing



The San Diego California DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego California DMV laws and San Diego California DMV procedures. The San Diego California DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the California 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 California DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego California 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.



California DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego California Superior court by filing a San Diego DMV petition for writ of mandamus.




A San Diego California 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 California 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 California DUI criminal proceedings, San Diego County public defenders are unavailable.




Your San Diego California 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 California 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 California DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer. 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 California DMV decision is actually rendered.







Click on below sites for more information or to contact a California DUI Lawyer who can help:
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was informative.

Monday, January 19, 2009

Checkpoint in Riverside screens 512 out of 735 vehicles looking for DUI

California DUI criminal defense attorneys report a California DUI /Driver’s License Safety Checkpoint on January 17 started at 6 p.m. and ended on January 18, at 2 a.m. The checkpoint was located on Hamner Avenue and First Street, in the City of Norco.

Of the 735 drivers who entered the California DUI checkpoint, 512 were screened. On average, it took drivers less than two minutes to proceed through the California DUI checkpoint.

Eighteen drivers were given field California DUI sobriety tests, which resulted in seven drivers being arrested for California DUI driving under-the-influence of an alcoholic beverage and/or drugs.

Seventy-three drivers were issued citations. One subject was arrested for an outstanding misdemeanor warrant, one person was arrested for possession of controlled substances and 1 person was arrested for possession of a stolen vehicle.

Twenty-five vehicles were stored during the operation, of which 14 were 30-day impounds.

Saturday, January 17, 2009

Paul Revere's drunk horse DUI sparked a war!

California DUI criminal defense lawyers remember the story about Paul revere's drinking party and drunk driving on a horse. The key to a good drinking story is not really how much you consumed, but what kind of idiocy you engaged in afterwards. Idiocy like, say, sparking a war.

Turns out, Paul Revere’s famous ride didn’t start out as a hootin’ hollerin’ wake-up-the- villagers sort of trip. According to historian Charles Taussig, Revere embarked on the stealth mission from Charlestown to Lexington in order to warn Sam Adams (the beer guy) and John Hancock (the big signature guy) that the British were coming. But by chance, his route took him through Medford—the rum capital of America. At the time, rum was colonial America’s number one commercial industry. So naturally, Revere stopped in for a brief rest at the house of Captain Isaac Hall, the leader of the local Minutemen and distiller of Old Medford Rum.

By the time Revere saddled up again, he’d sampled his fair share of Captain Hall’s hospitality and “he who came a silent horseman, departed a virile and vociferous crusader, with a cry of defiance and not of fear.” Not surprisingly, Revere was “pulled over” by the authorities (Redcoats) and detained for an hour before being released. So, it was actually Revere’s drunken caterwauling that roused Adams and Hancock at about 4:30 in the morning, only half an hour before fighting broke out on Lexington Green. Unfortunately, history has no record of Revere’s reaction when he awoke the next day (presumably nursing a hangover) and was informed of what he’d done.

DUI "EVALUATION FORM"

Friday, January 16, 2009

3 day weekend calls for increased DUI enforcement in California

California DUI criminal defense lawyers report The Salinas Police Department will have additional patrols hitting the streets this weekend in search of drunken drivers.

In addition to routine patrol units, four DUI units will be working through the three-day weekend.

Funding for these patrols is provided by a $72,000 grant awarded to the Salinas Police Department by the Office of Traffic Safety and the National Highway Traffic Safety Administration.

When you or a loved one has been arrested for DUI-Drunk Driving, DWI, Driving Under the Influence or another crime, it is essential to have competent DUI-Drunk Driving criminal defense representation to protect your rights.

San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was exceptional



California DUI / DMV / Drunk Driving Defense Survey to find out your best strategy and to get the best result in your criminal and license cases.

Thursday, January 15, 2009

California DUI criminal defense lawyers at www.SanDiegoDUI.com

California DUI criminal defense attorneys

On Friday, Jan. 16, the San Fernando Police Department will send a strong message to drunk drivers - "Designated driver or patrol car? Pick your ride." The San Fernando Police Department will conduct a concentration of sobriety checkpoints to deter impaired driving and remove offenders from the roadways on the 500-600 blocks of Glenoaks Boulevard in San Fernando.

"Drinking and driving is a serious crime that can cost you your freedom or even your life," said San Fernando Police Chief Robert Ordelheide. "Motorists should consider this fair warning - if you choose to drink and drive, law enforcement will be looking for you. We are committed to saving lives and will do whatever it takes to take drunk drivers off the road."

Alcohol-related crashes, and the all-too-often tragedies they cause, remain a big problem in California. The California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, has allocated grants to police departments to conduct sobriety checkpoints.

"By funding increased checkpoints and patrols, we in law enforcement have the resources we need to tackle the DUI problem head-on," said Chief Ordelheide. "Our message is clear - drunk driving will not be tolerated."

"State and national studies confirm that sobriety checkpoints contribute to a substantial reduction in alcohol-related crashes in the communities in which they are held. Checkpoints are one of our best strategies to fight DUI and save lives."

The San Fernando Police Department and the Office of Traffic Safety encourage Californians to drink responsibly and use a designated driver." If you see someone driving erratically you are also encouraged to call 9-1-1.

For a fleeting moment we may see it as we drive by on a mountain highway-the crumpled wreck of a car slammed into a tree or into another car-and catch a glimpse of a driver being administered a sobriety test while paramedics load a bloodied victim into an ambulance.

If this grisly scene, though infrequently viewed, can trouble our thoughts for weeks, imagine how it affects the law-enforcement officers called repeatedly to respond to carnage on the road.

Interviews this week with five CHP members stationed at the Running Springs office of the California Highway Patrol show the many ways in which drunk drivers, and the accidents they so often cause, affect them, stirring emotions that range from anger to compassion and sometimes causing physical injury.

Officer Mark Naylor, who investigated the July death of Molly Wolfgang, the last drunk-driving auto accident fatality on the mountain, has an extensive history with drunk-driving crashes, and was the victim of one himself.

It was when he was stationed at the CHP's San Juan Capistrano office more than three years ago that he was in a crash that caused injuries his doctors tell him will never get better, he said.

A man whose blood-alcohol content was later measured at around .3 (nearly four times the legal threshold for intoxication) was in a domestic dispute with his wife when police in Santa Ana were called, he said. When they arrived they found the man in his car, in the driveway. He attempted to drive over his wife, Naylor said, and then backed up and tried to run over some of the officers.

DUI Lawyers & drunk driving attorneys in California:

Tuesday, January 13, 2009

New California DUI laws proposed today in Sacramento

California DUI attorneys with new laws and California drunk driving criminal defense lawyers are told California ranks high among states for strong roadway safety laws, but it needs tougher legislation for child passengers, teen motorists and repeat impaired drivers, according to a report released Monday.

If California cranked up requirements with these laws, some of the state's 3,974 roadway deaths in 2007 - at a cost of $20.6billion - could have been prevented, said Judith Lee Stone, president of Advocates for Highway and Auto Safety.

"It's incumbent on all of us to do whatever we can to save these lives," said Stone of the Washington-based coalition. "The wait is killing us."

On Monday, the group unveiled its sixth annual Roadmap to State Highway Safety Law report that grades states on the passage of 15 model traffic safety laws related to motorcycle helmets, seat belts, drunken driving and teens behind the wheel. No state has adopted all 15 measures.

Enacting the safety laws will cut an annual 41,000 highway deaths and $230billion in economic costs across the country, Stone said.

California was among 15 states receiving the highest marks in the report for making advances toward adopting all of the group's recommended laws. Alabama, Delaware, Hawaii, Illinois, Louisiana, Maine, Maryland, Michigan, New Jersey, New York, North Carolina, Oregon, Tennessee and Washington are included in this category.

Arkansas, North Dakota, South Dakota and Wyoming have a dangerous lack of basic laws for roadway safety, according to the report, and received the worst ranking.
Tightening up child passenger safety legislation, the consumer group wants states to make booster seats mandatory up to age 7.

In California, children must be buckled up in booster seats until they are age 6 or weigh 60 pounds. Legislation to raise the age requirement has failed with lawmakers in the past and was vetoed by Gov. Arnold Schwarzenegger in 2006.

Though it can't take a position on legislation, the state Office of Traffic Safety favors children being in proper safety seats until they are large enough for regular adult seat belts, generally by age 8 or older, said spokesman Chris Cochran.

"We always caution people to keep children in the back seat until age 12 and in proper seats until they are large enough to be adequately restrained by the next highest safety restraint," Cochran said.

Stiffer penalties for repeat impaired driving that match federal requirements also top the consumer group's list of demands.

California lags behind some of these requirements, including a minimum one-year driver's license suspension for repeat offenders.

Federal demands also include vehicle impoundment or installing ignition interlock devices on cars requiring motorists to blow into breathalyzers to show no alcohol is in their systems before the vehicles turn on.

Several ignition interlock bills have failed before in Sacramento, but last week Assemblyman Mike Feuer, D-Los Angeles, introduced new legislation to create a pilot program in four counties requiring interlock devices on any vehicle owned or driven by convicted drunken drivers. Cars won't start unless the driver's blood-alcohol content is below 0.8, the point at which driving becomes illegal.

"This technology makes drunk driving increasingly preventable, and gets offenders in the habit of sober driving," Feuer said.

California DUI Attorneys:

Monday, January 12, 2009

There is no rush as long as your California DUI / Drunk Driving Defense attorney contacts DMV by the 10th day from your arrest

What you must do within 10 days of being arrested of a California DUI

10. If you need to save your driver's license or privileges, your California DUI / Drunk Driving Defense 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 / Drunk Driving Defense attorney's calendar, DMV will not reschedule and you may not get the California DUI / Drunk Driving Defense attorney of your choice. There is no rush as long as your California DUI / Drunk Driving Defense 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 California DUI / Drunk Driving Defense / 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 sites for more information or to contact a California DUI / Drunk Driving Defense Lawyer:

Sunday, January 11, 2009

California DUI resource center for attorney defense of drunk driving

San Diego California DUI Lawyer - San Diego California Attorney Drunk Driving / San Diego California DWI Lawyer can help you beat the charge:
San Diego California DUI Lawyer Rick Mueller, a San Diego California Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego California DUI Lawyer will help you.

San Diego California DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge:.



San Diego California DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego California DUI Lawyer will help you.
San Diego DUI Lawyer Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as a "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego California Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego California DUI Attorney Rick Mueller Background and Contact Information




San Diego DUI and DMV Penalties

Saturday, January 10, 2009

California DUI checkpoint at Santa Clarita California this weekend

California DUI criminal defense lawyers
and California drunk driving defense attorneys report that the Santa Clarita Valley Sheriff’s Station will be conducting a California DUI D.U.I. checkpoint beginning on Friday, January 09, 2009, at 7:00 p.m. and concluding at 3:00 a.m. on Saturday morning, January 10, 2009.

The goal of the California DUI checkpoint is to educate the community on the hazards of drunk driving while enforcing the D.U.I. laws of the State of California. The checkpoint is an ongoing attempt to safely remove California DUI drunk drivers from our streets. The location of the checkpoint will be determined based on previous California DUI D.U.I. activity and statistics and will be announced at a later time.

Funding for this California DUI enforcement and prevention program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Contact the Santa Clarita Valley Sheriff Station's Traffic Department at (661) 799-5110 for California DUI additional information.

If You See Something, Say Something! Report non-emergency California DUI crime anonymously by visiting the following link: Crime Tips or calling (661) 284-2-TIP / (661) 284-2847. California DUI is a huge target.

Ca DUI lawyer & California drunk driving attorney data & resources

California DUI / DMV Attorney Rick Mueller specializes in California DUI and
DMV law. California DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in California in the last several
years.



At an 8th seminar, California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . 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. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.



Ca DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association.




Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



Cali. drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



California DUI Attorney Rick Mueller speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar (#114305).


Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail





California DUI Lawyers on-call:

Friday, January 9, 2009

California DUI news - checkpoints, arrests and important society information

California DUI Lawyer Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 24 years of experience.


Known as the "DMV Guru," California drunk driving attorney Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone.

Ventura County law enforcement took more drunk drivers off roads and highways this holiday season than ever before, an official with a countywide DUI enforcement team said last week.

From Dec. 12, 2008, to Jan.1, 2009, 14 law enforcement agencies arrested 470 people suspected of driving under the influence of drugs or alcohol in a 21day DUI crackdown known as Avoid the 14. The arrest figure is a 5 percent increase from last year's 449 arrests and a record for Ventura County, campaign spokesperson Jan Ford said.

The campaign, one of 40 multiagency crackdowns across the state, reported no fatalities this year, compared with two during the 2007 holiday season and none in 2006, the year the program began.

"The lack of DUI fatalities this year is the best news we could have," said Avoid the 14 coordinator Cmdr. Martin Meyer of the Oxnard Police Department. "Our deputies, police officers and California Highway Patrol officers gave their best efforts over the past three weeks, and just look at the payoff."

The campaign, named for the number of participating law enforcement agencies, included three sobriety checkpoints.

California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. California DUI & Drunk Driving Defense Survey - for you to find out your best strategy and to protect your driving privileges in California.


Santa Clarita Valley Sheriff’s Station deputies will conduct a DUI checkpoint from 7 p.m. to 3 a.m. tonight.

The checkpoint location will be based on DUI activity in that area.

The goal of the checkpoint is to educate the community about the hazards of drunk driving while enforcing the DUI laws of the State of California.

Deputies are staging this checkpoint in an ongoing attempt to safely remove drunk drivers from Santa Clarita streets.


Riverside County Sheriff's deputies will conduct a sobriety and driver's license checkpoint Jan. 17.

The checkpoint will be from 6 p.m. Saturday to 2 a.m. Sunday at an undisclosed location in Norco.

The checkpoint is paid for by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.


California DUI Lawyers:

Thursday, January 8, 2009

California DUI Evaluation and free drunk driving defense survey

California DUI Lawyer information provided by a top California Drunk Driving Attorney for those accused of a San Diego California DUI.



California DUI help for San Diego California DUI court and California DMV. Complete San Diego California DUI Help to save your California license or other state license.



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 24 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.



California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.



Simply complete the California DUI Evaluation at http://www.SanDiegoDrunkDrivingAttorney.net/survey.html for your best San Diego California DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become San Diego California DUI Clients.






http://www.yahoo.com



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

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney

Wednesday, January 7, 2009

New California DUI law for drunk driving probationers in California - .01%!

California DUI criminal defense attorneys and California DUI & DMV defense lawyers at www.SanDiegoDUI.com announce a new law.

Beginning in January 1, 2009, drivers on probation for any DUI conviction face zero tolerance if they drive on California highways with a blood or breath alcohol concentration of .01% or higher.

On October 14, 2007, the Governor of California signed a number of bills. New Vehicle Code §§23154 and 13389, and the amended 13353.1, have come to life per AB 1165 introduced by Assembly Member Maze (Coauthors: Assembly Members Sharon Runner and Spitzer) February 23, 2007.

These sections take effect on January 1, 2009 according to the Legislature's enrolled document.

New Vehicle Code §23154 states:


§23154.

(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.


(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical test.


(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of
subdivision (a).


(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).


(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

Note that at this time, there is no additional punishment defined in the statute so presumably only a probation violation will exist - other sanctions could also be introduced in the next session now that this has all passed though.

A refusal of the PAS by a person under 21 or in alleged violation of 23154 can also be punished administratively - under 21 by our current §13388 or in 2009 by the new Vehicle Code §13389 which states:

(a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.


(b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol
screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:


(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person's driving privilege.


(2) (A) The officer shall take possession of any driver's license issued by this state that is held by the person. When the officer takes possession of a valid driver's license, the officer shall issue, on behalf of the department, a temporary driver's license.


(B) The temporary driver's license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.


(3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver's license taken into possession under paragraph (2), with the report required by Section 13380, to the department.


(B) For the purposes of subparagraph (A), "immediately" means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.

The section doesn't discuss prior §23103 per 23103.5 convictions, only §§23152 or 23153.

Vehicle Code §13353.1 is amended by AB 1165 to assist the DMV in taking your license for these above new codes:

(a) If a person refuses an officer's request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388 or 13389, upon the receipt of the officer's sworn statement, submitted pursuant to Section 13380, that the
officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136 or 23154, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:


(1) Suspend the person's privilege to operate a motor vehicle for a period of one year.


(2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following:


(A) A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code.


(B) A suspension or revocation of the person's privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion.

...

Other amendments to the Vehicle Code authorize a police officer to tow your vehicle for violation of §§23154 or 13389, as well as "double the fine zone" in some cases.

It is best to all with prior DUI convictions to respect the required probation term of zero tolerance after January 1, 2009.


On October 14, 2007, the Governor of California signed a number of bills. New Vehicle Code §§23154 and 13389, and the amended 13353.1, have come to life per AB 1165 introduced by Assembly Member Maze (Coauthors: Assembly Members Sharon Runner and Spitzer) February 23, 2007.

These sections take effect on January 1, 2009 according to the Legislature's enrolled document.

New Vehicle Code §23154 states:


§23154.

(a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.


(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical test.


(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of
subdivision (a).


(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).


(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

Note that at this time, there is no additional punishment defined in the statute so presumably only a probation violation will exist - other sanctions could also be introduced in the next session now that this has all passed though.

A refusal of the PAS by a person under 21 or in alleged violation of 23154 can also be punished administratively - under 21 by our current §13388 or in 2009 by the new Vehicle Code §13389 which states:

(a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.


(b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol
screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:


(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person's driving privilege.


(2) (A) The officer shall take possession of any driver's license issued by this state that is held by the person. When the officer takes possession of a valid driver's license, the officer shall issue, on behalf of the department, a temporary driver's license.


(B) The temporary driver's license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.


(3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver's license taken into possession under paragraph (2), with the report required by Section 13380, to the department.


(B) For the purposes of subparagraph (A), "immediately" means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.

The section doesn't discuss prior §23103 per 23103.5 convictions, only §§23152 or 23153.

Vehicle Code §13353.1 is amended by AB 1165 to assist the DMV in taking your license for these above new codes:

(a) If a person refuses an officer's request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388 or 13389, upon the receipt of the officer's sworn statement, submitted pursuant to Section 13380, that the
officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136 or 23154, and that the person had refused to submit to, or did not complete, the test after being requested by the officer, the department shall do one of the following:


(1) Suspend the person's privilege to operate a motor vehicle for a period of one year.


(2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following:


(A) A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code.


(B) A suspension or revocation of the person's privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion.

...

Other amendments to the Vehicle Code authorize a police officer to tow your vehicle for violation of §§23154 or 13389, as well as "double the fine zone" in some cases.

It is best to all with prior DUI convictions to respect the required probation term of zero tolerance after January 1, 2009.

San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf

Tuesday, January 6, 2009

New Year's Arrest total for California DUI cases by CHP

California DUI criminal defense attorneys are told California Highway Patrol reported an up-tick in arrests for drunk driving across the state. A total of 438 motorists were charged with driving under the influence in California, with 11 traffic related deaths attributable to alcohol. Last year there were 362 arrests and 4 fatalities.

In the San Francisco Bay Area, officers arrested 84 drivers for California DUI, more than twice the number in 2007. The increase in drunk driving arrests surprised law enforcement officers, as the number of DUI arrests made during the Christmas holiday were down as much as 40%.

The arrest reporting period started early evening New Year's Eve and ended early morning on New Year's Day.

Monday, January 5, 2009

dmv & dui in California information resource center

California DMV / DUI Hearing

The California DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego California DMV rules, San Diego California DMV laws and San Diego California DMV procedures.

The California 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 California DUI / DMV lawyer, and admit or not admit either party's evidence.



The California Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the California 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 California DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A California 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 California 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 California DUI Lawyer who can help:

California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.

Saturday, January 3, 2009

Heather Locklear has pleaded no contest to a lesser offense to avoid DUI charges

California DUI criminal defense lawyers and California DUI criminal defense attorneys are told Heather Locklear has pleaded no contest to a lesser offense to avoid DUI charges stemming from a September arrest.

The former (and future?) Melrose Place star pleaded no contest to a misdemeanor reckless driving charge in a Santa Barbara, Calif., court Friday, according to The Associated Press. Locklear's attorney entered the plea on her behalf, as she did not appear in court.

As part of the deal, Locklear was sentenced to three years of informal probation, was fined $700, and must attend a 12-hour driver's education program.

Locklear was arrested after a California Highway Patrol officer noticed Locklear's car parked on a highway and blocking a lane of traffic in Montecito, a town near Santa Barbara. Toxicology tests showed no signs of alcohol or illegal narcotics, but Locklear was charged with misdemeanor DUI based on the impairment caused by prescription drugs. Locklear had sought treatment for anxiety and depression in June.

California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . 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. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.

Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers. Rick's DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases.

California DUI Lawyers

Friday, January 2, 2009

Primary California DUI enforcement this weekend

California DUI defense lawyers and California drunk driving criminal attorneys at report California Highway Patrol will deploy all available officers throughout Riverside County tonight and into the weekend in a New Year's holiday crackdown on drunken driving, speeding and other violations.

The CHP's ``maximum enforcement period,'' during which 80 percent of the agency's officers hit the streets, begins at 6 p.m. today and concludes at 11:59 p.m. Sunday.

Officers will ratchet up their efforts to catch drivers under-the- influence, as well as other motorists responsible for ``primary collision factors,'' such as speeding and unsafe lane changes, according to Riverside-area CHP Officer Sylvia Mosley.

During last year's New Year's MEP, three people died in traffic collisions in Riverside County. Statewide, 35 people were killed, according to the CHP.

In the 2007 New Year's enforcement campaign, Riverside-area CHP officers
arrested 44 suspected DUI offenders, wrote 364 speeding tickets and issued 38
citations for seatbelt and child restraint violations, according to the CHP.

Statewide, 1,759 people were arrested for alleged DUI during the New Year's MEP last year, according to CHP spokeswoman Jaime Coffee.

``We're encouraging people to designate a non-drinking driver (when traveling),'' she said. ``That's just a matter of planning ahead.''

Coffee also said motorists need to remember that, beginning tomorrow, text-messaging while driving will be illegal in California.

Under SB 28, reading, writing or sending a text message via a wireless device is prohibited and can result in a $20 fine for a first offense, and $50 for each additional violation.

Thursday, January 1, 2009

California new law for DUI probationers & help for drunk driving searches

California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI.



A new California state law taking effect is California DUI Probation License Suspension, which allows the California Department of Motor Vehicles to suspend the California license and impound the car of anyone caught driving with a blood-alcohol level of .01 percent (.01%) while on California court-ordered probation for a California DUI or drunk driving offense.

California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.



Ca 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 24 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.



California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again - at the California DUI Lawyers Association (CDLA) DUI seminar.



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







California drunk driving & DUI Lawyers who provide valuable defense resources:

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