Tuesday, March 31, 2009

Drive your bar stoll home? Think again.

Bar Stool Man busted for DUI / drunk driving on homemade "vehicle"

DUI police arrested a man for drunk driving on a motorized bar stool.

Ohio man Kile Wygle, 28, crashed his bar stool near his Newark home earlier this month and called 911 due to his injuries. When an officer arrived and asked Wygle what happened, he answered, "I wrecked my bar stool." According to a Newark Police Division report, Wygle's homemade ride is powered by a Briggs & Stratton lawnmower engine.

Wygle noted that the bar stool could hit nearly 40 miles per hour, but that he was only going 20 when he wiped out late in the afternoon about four weeks ago. A witness told police that he spotted someone driving a "strange motorized machine" before the crash.

A drunk Wygle, who failed a series of DUI field sobriety tests, was charged with DUI and driving with a suspended license, misdemeanors.

His bar stool was not taken away.

Placer County California District Attorney’s Office has the highest conviction rate of DUI drivers in California, El Centro has DUI officer of year

California DUI attorneys report the Placer County California District Attorney’s Office has the highest conviction rate of drunken or impaired drivers in the state.

A California Department of Motor Vehicles report states that Placer’s California DUI driving under the influence conviction rate is 99.2 percent. The state average is 79.4 percent.

Only two other counties in California had California DUI conviction rates of 90 percent or higher. These included Shasta at 96.9 percent and Santa Barbara at 92 percent.

The statistics are based on California DUI arrests made in 2006 and their subsequent California DUI prosecutions through the end of the 2007 year.

Placer County’s rating marked the fourth consecutive year in which the county had a DUI conviction record of 90 percent or higher.

Capt. Rick Ward, commander of the California Highway Patrol’s Auburn office, said the No. 1 rating by Placer County came as no surprise to him.

“I’ve worked up and down the state and I can say that the Placer County District Attorney’s Office is one of the hardest-working agencies toward achieving justice that I’ve seen,” Ward said. “This county lets people know that if you come here and are violating DUI laws, you will be held accountable.”

Steve Dragland, supervising deputy district attorney for Placer County, credited the nearly perfect score to an aggressive approach by his California DUI prosecutors and by the local law enforcement agencies that made the California DUI arrests.

“Our office takes DUI very seriously,” Dragland said. “It is our duty to protect the public from impaired drivers.”

Dee Dee Gunther, spokeswoman for the Roseville Police Department, said Roseville California DUI officers know that when they arrest a drunken driving suspect, “he is going to be aggressively prosecuted by the District Attorney’s Office.”

Placer County prosecutors hope the high California DUI conviction rate will deter other drivers who’ve been drinking by causing them to take a taxi or to hand off their car keys to a sober friend to drive them home.

“Fewer drunken drivers means fewer traffic accidents,” Clark Gehlbach, a Placer deputy district attorney, said. “And fewer accidents means fewer deaths.”

Law enforcement agencies in Placer County have consistently conducted programs aimed at arresting California DUI / drunk drivers.

Roseville, for example, tackles drunken driving by conducting California DUI sobriety checkpoints on certain Friday nights or by saturating busy intersections with police officers.

The CHP conducts “zero tolerance” efforts by putting all available California DUI officers on highways or county roads on certain days to look for speeding or inebriated motorists.

All of the California DUI law enforcement agencies in Placer County participate in a program known as “Avoid the Seven,” in which officers combine on holiday weekends to find and arrest California DUI drunk drivers.

The DMV report shows that Placer County convicted 2,257 motorists on misdemeanor DUI charges and 76 others on felony DUI charges. Another 182 drivers who were arrested on suspicion of drunken driving were eventually convicted of reckless driving.

The DMV report can be viewed at www.ots.ca.gov/pdf/Publications/DUI—2009—MIS—AR.pdf

In related California DUI news, El Centro-based California Highway Patrol Officer Gilbert Caldera will receive the" Outstanding DUI Officer Of The Year " award from the Mothers Against Drunk Drivers organization.

The California DUI award will take place April 2, 2009 at the San Diego Hilton - Del Mar Hotel. Officer Caldera is being recognized for his excellent work in arresting and convicting California DUI offenders in 2008. He was selected from all the CHP officers assigned to the 19 CHP area offices / inspection facilities in the Highway Patrol's Border Division.

This is the second consecutive year that Officer Caldera has received this California DUI award. El Centro Area Commander said: The detection and apprehension of California DUI / drunk and / or impaired drivers is a crucial component of California's traffic safety program. We are very proud of Officer Caldera and the efforts made by all the El Centro CHP Officers in 2008. Officer Caldera is credited with 108 California DUI arrests last year.

California's DUI & DMV DEFENSE "EVALUATION FORM"
San Diego California DUI Defense Resource Center:

California DUI Lawyer Rick Mueller is a premier California 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 California DUI & DMV Defense Survey to find out your best strategy and to protect your driving privileges in California.

Monday, March 30, 2009

UC Davis Trauma Prevention Program - lifesaving work by making sure law enforcement agencies know BAC's, to stop California DUI /Tues. is Seatbelt Day

California DUI attorneys are told because hospital emergency rooms have long been a place where lives are saved on the spot, a new program being developed by the UC Davis Trauma Prevention Program will extend that lifesaving work by making sure law enforcement agencies know the blood-alcohol content of patients admitted after alcohol-related vehicle crashes.

When the system is fully developed, the Trauma Prevention Program will provide education on uniform and consistent reporting procedures at all 11 level I and level II trauma centers in inland Northern California. In addition, UC Davis Medical Center will develop a standardized hospital procedure for obtaining a legal blood-alcohol level and teaching it to the same trauma centers.

“Our project aims to help increase the number of DUI convictions for drivers involved in alcohol-related collisions,” said Christy Adams, program coordinator for the Trauma Prevention Program. “Increased convictions can ultimately lead to fewer alcohol-related crashes in the future.”

Funding for the new program is being provided by the California Office of Traffic Safety.

The new processes will show how to increase the number of legal blood-alcohol evidence samples obtained by health-care staff. In collaboration with California’s Traffic Safety Resource Prosecutor, staff from the Trauma Prevention Program will instruct emergency and trauma physicians and nurses on how to report alcohol-impaired drivers to law enforcement agencies. The new collection and reporting procedures will be submitted to the Trauma Managers Association of California and the Emergency Medical Services Authority to ensure their widespread distribution and adoption by emergency departments throughout the state.

California had registered increasing numbers of alcohol-involved traffic deaths for several years prior to a 9.5 percent downturn in 2007. Even with that decline, 1,155 people died in California in 2007 as a result of a driver with a blood-alcohol content over the legal limit of .08.

“Currently, California’s trauma system has no uniform and consistent system for informing law enforcement agencies of impaired drivers involved in motor-vehicle collisions,” said Adams. “As it stands, law enforcement officers learn of collisions through 911 dispatches. After arriving on the scene of a collision, officers determine whether a driver is impaired and if a DUI citation is issued.”

However, if the severity of a driver’s injuries requires immediate transport to a trauma center, officers may not be able to make an immediate determination of the driver’s impairment. In addition, delays in the arrival of officers or the patient’s medical condition may hinder attempts to obtain a legal blood-alcohol sample, which is important for a driving-under-the-influence prosecution.

In minor collisions, impaired drivers may go to an emergency department without having called 911. In these cases, officers may not be notified of a collision involving an impaired driver.

The medical center’s development of the notification system will support the California Strategic Highway Safety Plan. The plan guides safety activities within California regarding all roadway users on all public roadways. One challenge listed in the plan is to reduce impaired-driving-related fatalities. Enlisting the aid of emergency and trauma physicians and nurses is one of the plan’s strategies for meeting this challenge.

One of the first steps that the Trauma Prevention Program will take under the new grant is to collect data on impaired drivers from UC Davis Medical Center. This data includes the blood-alcohol levels that are drawn automatically for all trauma patients. The UC Davis researchers will work with the California Department of Motor Vehicles to determine what happened to patients who registered a blood-alcohol level greater than .04. The object of this analysis is to seek evidence of repeat instances of impaired driving.

In related safety news, California Highway Patrol is designating Tuesday as Vehicle Occupant Restraint Day to let motorists know that seat belts save lives.

“More than 30 percent of all vehicle passengers killed statewide in 2007 and 2008 were not buckled up at the time of the collision,” CHP Commissioner Joe Farrow said. “There’s no do-over for someone killed because they failed to buckle up.”

The CHP will be looking for anyone failing to buckle up while on the road on Tuesday.

Authorities estimate seat belt usage by California motorists to be at a record high of 95.7 percent. Still, the CHP wants to raise that percentage.

The CHP issued 204,187 citation to motorists and their passengers who failed to buckle up in 2008. This does not include the 17,076 tickets issued for child safety seat violations.

California law requires children younger than 6 years of age or weighing less than 60pounds to be properly secured in the back seat.

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

Sunday, March 29, 2009

Attorney argues a .19 driver would show signs of DUI !

California DUI attorneys report Grand Junction attorney who specializes in drunken-driving laws and civil cases says he would expect someone with a blood-alcohol level equal to that of an 18-year-old Grand Junction woman who died in a car accident earlier this month would show obvious signs of intoxication.

Samantha Loy died early on the morning of Feb. 8 after being ejected from her car on eastbound Interstate 70 between Fruita and Grand Junction. An autopsy revealed she had a blood-alcohol level of 0.195, more than twice the legal limit for a driver in Colorado.

Fruita police officer Nick Peck had stopped Loy for two traffic violations about 10 minutes before the crash. But he wrote in a report that he didn’t see any indicators that she had been drinking.

But Andrew Nolan, an attorney who both defends people charged with driving drunk and pursues civil cases on behalf of a person injured or killed by a drunken driver, said Wednesday the effects of alcohol are more pronounced in someone at Loy’s age and who likely had a low level of alcohol tolerance.

“At .195, I would expect somebody her age would be extremely intoxicated and not able to walk without staggering. (They would) definitely have slurred speech,” said Nolan, a member of the National College for DUI Defense.

He said a person with a blood-alcohol level in the neighborhood of 0.2 could be physically ill.

“You’re starting to get into the possibility of loss of consciousness,” he said.

Nolan noted Colorado has a virtual no-tolerance policy with people younger than 21 who drink and drive. Under state law, an adult driver can be charged with driving under the influence with a blood-alcohol level of 0.08. That DUI threshold drops to 0.02 for underage drinkers, he said.

Nolan said police officers looking for signs of intoxication in someone would check for things like an odor of alcohol on the person’s breath, slurred speech and diminished motor skills. He said bloodshot and watery eyes, long accepted as a common symptom of intoxication, has recently come under a lot of scrutiny as to whether it’s a reliable indicator.

“It’s a sign that’s been overused,” Nolan said.

He said there is no single sign that is conclusive as to whether a person is intoxicated and that it’s easy to miss a sign in certain situations. For example, he said, it’s more difficult to detect an odor of alcohol in cold weather.

Nolan also pointed out officers have to balance their duties with a private citizen’s constitutional right to not be detained unlawfully.

“They can’t just walk up to someone and say, ‘Get out of the car, I want to check you for impairment,’ ” Nolan said.

“I’m sure a lot of people get pulled over or get contacted by officers (and) are actually under the influence, and it’s not detected,” he said. “I’m sure it happens all the time.”

Friday, March 27, 2009

Doctor surrenders medical license after California DUI

California DUI attorneys report a California physician has surrendered his medical license after a conviction for a California DUI - driving under the influence and for using cocaine during a probationary period, the California Medical Board reported. Derek Patrick Hughes, a pediatrician, was ordered to turn in his wall certificate and pocket license. He can apply for reinstatement after two years.

Hughes, whose license was issued in 1996, was put on probation twice. He allegedly violated it both times but probation was reinstated, according to a board accusation.
While he was on probation in November 2007, a case manager for the board's Diversion Program allegedly ordered him to report for drug testing within six hours. Hughes allegedly failed to respond to phone messages and later tested positive for cocaine.

In June, he was charged with a California DUI - driving under the influence of alcohol after his blood alcohol content was measured at .10, slightly over the legal limit. He pleaded no contest in November and admitted a prior DUI conviction in August 2006. He was sentenced to 15 days in jail. Hughes stopped working as a doctor in November 2007 after the positive cocaine test, according to California DUI reports.

Drunk Driving Defense Resource Center for California

Thursday, March 26, 2009

California DUI checkpoints during the week?! What?! This is ridiculous.

California DUI attorneys reported a California DUI checkpoint on 19th Street Tuesday night in Costa Mesa, California netted more than two dozen tickets but no California DUI arrests, California DUI lawyers learned today.

About 900 cars passed through the California drunk driving checkpoint, stationed at 19th Street and Pomona Avenue, Tuesday night with 236 drivers being screened by California DUI police. Officers stopped 21 drivers for California DUI investigations, but arrested none. Ha!

Three drivers were cited for driving without their license, another was cited for not having a valid license. Eight drivers were cited for not being licensed drivers. One driver was given a ticket for having an open container in the car while a dozen other people were cited for other kinds of vehicle code violations. In total, three cars were impounded.

Costa Mesa police will conduct another California DUI checkpoint April 4.

Funding for the California DUI checkpoints is provided by the California Office of Traffic Safety; apparently they have money to burn even if it's not productive.

California 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 California DUI / DMV / Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.

California San Diego DUI Criminal Defense Lawyer list

Wednesday, March 25, 2009

Redmond O'Neal pleaded not guilty to drug charges Wednesday in a Malibu, California

California DUI attorneys report Redmond O'Neal pleaded not guilty to drug charges Wednesday in a Malibu, California court. Redmond was arrested on Sept. 17 along with his father, Ryan O'Neal when deputies found methamphetamines in the actor's home during a probation sweep.
He faces a felony count of methamphetamine possession, two misdemeanor counts of possession of drug paraphernalia and one misdemeanor count of illegal possession of pepper spray.

DUI Defense Resource Center for California

Tuesday, March 24, 2009

Long Beach & San Bernardino release recent California DUI Checkpoint statistics

California DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a Top-Rated San Diego DUI Lawyer will help you.
Here's recent checkpoints in California DUI cases:

On Saturday, March 21, 2009, the Long Beach Police Department conducted a Driving Under the Influence / Drivers License checkpoint at Ocean and Chestnut Place. 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 Long Beach California Police Explorers and Long Beach Search and Rescue aided the Police Officers at the California DUI checkpoint.

The California DUI checkpoint operated from 6:00 p.m. - 2:00 a.m. During the eight-hour operation, approximately 2,481 vehicles passed through the checkpoint with 678 being screened. As a result of the secondary screening 6 people were arrested for driving under the influence, 1 person was arrested on an outstanding California DUI warrant, and 25 drivers were issued traffic citations for driving on a suspended license or with no driver’s license at all.

California DUI Checkpoints are a vital component in the fight against both impaired and unlicensed drivers. Nationally, impaired driving caused by drugs and/or alcohol causes one death every 33 minutes. California Drunk Driving - Sobriety checkpoints have been proven to reduce impaired driving-related collisions by removing these drivers from our streets. The average American has a 30% chance of being killed or injured by an impaired driver.

This California drunk driving operation was funded through a grant from the “California Office of Traffic Safety”, through the “National Highway Traffic Safety Administration”.

Traffic Sgt R. Lawhead explains that the San Bernardino Police Department conducted a California DUI/Drivers License checkpoint on Friday, March 20, 2009 from 6:00 PM to 2:00 AM, in the 600 block of West Highland Avenue, in San Bernardino. During this operation a total of 842 vehicles were screened. A total 36 vehicles were impounded, 28 of which were held for 30 days. Officers wrote 46 citations, 37 of which were for unlicensed or suspended licensed drivers. There were also a total of 5 arrests on various charges.

This program was an effort to reduce the number of persons killed and injured in alcohol involved crashes, 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.

All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers. This DUI/Drivers License checkpoint is an effort to reduce those tragedies, as well as insuring drivers have a valid driver’s license. A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers.

A California DUI checkpoint is a proven effective method for achieving this goal. By publicizing these enforcement and education efforts, the San Bernardino Police Department believes motorists can be deterred from drinking and driving.

When traffic volume and weather permit, all vehicles may be checked and 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 DUI Lawyer - San Diego California Attorney Drunk Driving can help you beat the San Diego California drunk driving charge

California DUI attorneys explain a DMV / DUI Hearing for San Diego folks

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



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



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




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




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




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



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




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.







Click on below sites to contact a California DUI Lawyer: 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 .

Monday, March 23, 2009

Cop caught telling a different story in his DUI police report than what the video shows!

California DUI defense attorneys at
http://www.sandiegodrunkdrivingattorney.net/articles.html always want the cops to play fair and have videos in their California DUI cases. But they don't.

Shouldn't the California legislators make the cops video every California DUI arrest? Yes!

There's a video from top Illinois DUI cop Joe D. Parker's squad car showing a man walking a straight line, without stumbling or flailing his arms.

When prosecutors viewed this http://www.suntimes.com/news/ metro/1470350, CST-NWS-duivideo 11.article video of Officer Joe D. Parker's July 2008 sobriety test of motorist Raymond L. Bell, they dropped DUI charges.

But Parker, a Chicago Police officer who has won acclaim for being among the leading DUI enforcers in the state, told a different story in his police report.

He wrote that Raymond L. Bell lost his balance and used his arms to steady himself. And he arrested the 33-year-old Oak Lawn man on charges of driving under the influence, speeding and negligent driving.

Now, after reviewing the squad-car video, Cook County prosecutors have dropped the July 2008 charges against Bell.

And they're considering filing criminal charges against the 59-year-old Parker, who is one of three Chicago cops whose prolific DUI-busting has now come under scrutiny. Dozens of DUI arrests by Parker alone are under review, sources say.

"There is an ongoing investigation, but we are not going to comment in further detail," said Sally Daly, spokeswoman for Cook County State's Attorney Anita Alvarez.

Prosecutors have charged one of those cops -- Officer John Haleas -- with trumping up a DUI case. A review of his DUI arrests led to 156 cases being dismissed, Daly said.

Parker has been placed on desk duty while the Chicago Police Department conducts an investigation of his DUI arrests, sources said.

Chicago defense lawyers say there are two reasons police officers might cut corners or even lie to boost their DUI arrest numbers: First, they stand to profit from the resulting overtime for going to court on the cases; also, there are accolades to be had.

Both Parker and Haleas have been named "top cops" by the Schaumburg-based Alliance Against Intoxicated Motorists for having more DUI arrests than almost any other officer in the Chicago area.

In the squad-car video of Bell's July 7, 2008, arrest, obtained by the Chicago Sun-Times, Parker is seen pulling over Bell in the 3900 block of South Lake Shore Drive around 1:30 a.m. Bell, driving a black Lexus, was headed south. Parker, northbound, flipped on his emergency lights and made a U-turn to stop the Lexus.

The video taken from Parker's car shows Bell immediately slowed down but continued to drive for about 40 seconds until he was able to exit Lake Shore Drive at the first off-ramp.

But Parker wrote in his report: "Due to speed, operator refused to stop." His arrest report put Bell's speed at 85 miles an hour -- 40 mph over the limit.

Parker wrote that Bell's eyes were bloodshot and that he had a strong odor of alcohol when he stepped out of the car.

He also said Bell "staggered" and that his gait was "unsteady" exiting the car -- which the video contradicts.

Parker is heard asking Bell if he'd been drinking. Bell said no, then said he'd had one glass of wine more than five hours earlier.

"You're drunk, man," Parker told Bell.

After checking Bell's driver's license, Parker told him to do the walk-and-turn test, in which he had to put one foot on a line, with arms at his sides, then take nine steps heel-to-toe, turn and walk back with nine more steps.

Bell was confused about which line in the parking lot he was supposed to stand on. Parker showed him where to stand. The video showed Bell appearing to be perfectly balanced when he performed the test.

But, according to Parker's arrest report, Bell flunked the test.

Next came the one-leg stand: Bell was ordered to raise one foot about six inches off the ground and count to 30. He put his foot down at first when Parker told him to keep looking at his foot. Then, Bell stood almost still with his foot off the ground as he counted past 30.

In his report, Parker marked Bell down for lowering his foot and also for hopping, using his arms for balance and swaying.

After those tests, Bell asked to take a Breathalyzer, but Parker said he didn't have the device in his car. Later, Bell refused to take the test at the station.

Before Bell was placed under arrest, Parker told a fellow officer to remove three passengers from the car, saying he didn't want to turn his back on those "m-----------s."

Parker, who joined the department in 1985, could not be reached for comment.

A spokeswoman for the city Law Department said she couldn't discuss Bell's case because he hasn't filed a lawsuit and Law Department attorneys haven't seen the video. The Law Department is representing Parker in an unrelated class-action lawsuit filed by attorney Gregory Kulis on behalf of anyone falsely arrested by Parker for DUI, including a man stopped for drunken driving in May 2008 on South Lake Shore Drive.

Bell's criminal defense attorney, Gregory Reeder, said he subpoenaed the Chicago Police Department for all records -- including videos -- but was provided only with Parker's arrest report. Later, the Cook County state's attorney's office independently mailed Reeder the video on Dec. 1, he said.

Prosecutors dropped the case against Bell on Feb. 20, after viewing the video.

"If we didn't have the videotape, he could have gotten a conviction and lost his license," Reeder said. "This was a blatant falsehood. They [prosecutors] definitely did the right thing."

Records show that Parker himself was once arrested for DUI, charged with drunken driving on Feb. 17, 1996. That case was dismissed the following year.


California DUI Lawyer Rick Mueller, a premier San Diego California Drunk Driving / DWI Defense Attorney handling California DUI & DMV cases, shows how a California DUI Lawyer will help you.

California DUI & DMV DEFENSE "EVALUATION FORM"
California DUI Defense Resource Center:
California DUI Lawyer Rick Mueller is a top California Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as a "DMV Guru," Rick Mueller dedicates all 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 County Drunk Driving Defense Survey to find out your best strategy in California.
San Diego DUI Criminal Defense Lawyer list:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help

Sunday, March 22, 2009

Are California DUI checkpoints safe when a drunk driver rear-ends a car waiting to be checked?!

California DUI attorneys at www.SanDiegoDrunkDrivingAttorney.net/survey.html report Oxnard police officers got what they were looking for at a sobriety and driver’s license checkpoint when a car rear-ended a vehicle waiting in line to be checked.
The driver, Michael Harrison, 62, of Oxnard was arrested on suspicion of a California DUI - driving under the influence of alcohol. No one was injured in the accident.

The eight-hour California DUI operation began at 6 p.m. Friday and ended at 2 a.m. Saturday. Of 1,254 motorists screened at two locations, eight were arrested on suspicion of California DUI driving under the influence of alcohol or other violations and 43 were issued citations for driver license violations.

The Oxnard Police Department Traffic Division California DUI checkpoints were on southbound Ventura Road at Devonshire Drive and on southbound Saviers Road at Laurel Street, where Harrison’s crash occurred.

The California DUI enforcement operation was funded by a grant from the state Office of Traffic Safety. One wonders if the person rear-ended will try to recover funds from that same grant source.

In another area,Pomona police made five arrests and issued several tickets during a California drunk driving - DUI/Traffic Safety checkpoint Friday. The California drunk driving - DUI checkpoint was conducted at Mission Boulevard and Curran Place from 6 p.m. Friday to 3 a.m. Saturday.

California drunk driving / DUI officers also conducted city-wide DUI saturation patrols during that time. Three people were arrested for DUI, one was arrested for public intoxication and another was arrested for obstructing a police officer.
1,145 motorists were contacted and provided with educational material related to California drunk driving - DUI. Rather than tap that big California drunk driving - DUI grant money, one may wonder why they can't give that same material with one's driver license renewal mail.

California DUI 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 .

California DUI Lawyers can assist:

DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego California DUI Help

Saturday, March 21, 2009

NFL star facing DUI manslaughter after 7 a.m. crash involving pedestrian in Miami

California DUI attorney at
http://www.sandiegodrunkdrivingattorney.net/articles.html report Cleveland DUI or allegedly drunk when he struck and killed a pedestrian, according to DUI lawyers learning of reports Thursday.

Citing a police source, one DUI lawyer reported Stallworth's blood-alcohol level was 0.14, almost twice the legal limit of 0.08. The Miami Herald also cited an unnamed source as purporting that Stallworth's level was above the legal limit.

Mario Reyes, 59, was struck and killed by a Bentley driven by Stallworth at 7 a.m. Saturday. Reyes, a crane operator, had gotten off work and was allegedly trying to catch a bus when he was hit.

Much investigation and discovery remains to be done so no one should judge anything at this early DUI investigation stage.


California DUI & DMV DEFENSE "EVALUATION FORM"

San Diego California DUI Defense Resource Center:
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.

Friday, March 20, 2009

California DUI alert: Citrus Heights Police Department will be conducting a DUI checkpoint Friday night

California DUI attorneys report the Citrus Heights Police Department will be conducting a DUI checkpoint Friday night.

The California drunk driving checkpoint will be from 8 p.m. to 2 a.m. at Sunrise Boulevard and Oak Avenue.

Vehicles will be stopped randomly and be checked to see if they are impaired and/or impaired, according to California DUI lawyers.

Money for the DUI checkpoint comes from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

San Diego DUI Lawyer Rick Mueller is a premier 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 County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Criminal Defense Lawyer list:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney

Thursday, March 19, 2009

Contact a DUI Lawyer in California - select your choice

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



Worry-free San Diego 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.



San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 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.



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 attorney Rick Mueller was excellent. Rick has been asked to speak again. Simply complete the Free San Diego 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.

Contact a DUI Lawyer in California:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help



http://www.google.com

Wednesday, March 18, 2009

(Former) Lakers Star arrested for California DUI - Norm Nixon had no front license plate

California DUI lawyers report Cops blew the whistle on former Los Angeles Lakers great Norm Nixon when he was caught allegedly California DUI - drunk driving.

Nixon was called for illegal traveling by the California Highway Patrol around midnight last night when officers noticed he had no front license plate on his black Ferrari.

Officers reportedly smelled alcohol and gave Nixon a series of California DUI sobriety tests, which the ex-point guard allegedly failed. Of course, they're designed for failure.

The two-time NBA All-Star with two championships under his belt was booked and posted $5,000 bail.

Nixon, 53, who played with the Lakers from 1977 to 1983 then with the Clippers from '83 to '89, is married to actress/dancer Debbie Allen.

Tuesday, March 17, 2009

Statewide California DUI Checkpoint Alert & Drunk Driving Roadblock Update

California DUI checkpoints report The Pasadena Police Department will be conducting a DUI saturation enforcement program on Tuesday, March 17, 2009 from 5:30 p.m. – 12:00 a.m. in order to enhance safety in conjunction with St. Patrick’s Day festivities. This enforcement detail will be deployed throughout the City of Pasadena and will concentrate on those areas that have a history of celebrated drinking in conjunction with St. Patrick’s Day. People who choose to celebrate the day by drinking should plan to have designated drivers or plans for alternative transportation.

“This program is an effective tool for achieving the Pasadena Police Department’s goal of reducing the number of traffic collisions or deaths resulting from drunk driving,” says Chief of Police Bernard Melekian. “The funding we, and other cities like us, receive allows us to effectively run these operation and educate the public regarding driving under the influence.”

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

California Highway Patrol officers will be looking for impaired drivers on St. Patrick's Day, CHP Commissioner Joe Farrow said in a news released issued by the department.

"We want people to enjoy themselves and have a good time, but safety on the roadways is everyone's responsibility," Farrow said. "If you are going to be drinking make sure you have a designated driver who will not be consuming alcohol to get you home safely," he said.

According to the CHP, the number of people killed in alcohol-involved statewide collisions in California has risen from 1,233 in 2000 to 1,489 in 2007. On St. Patrick's Day last year 50 people were injured in 110 alcohol-involved collisions statewide.

The Coachella Police Department will conduct a DUI/Drivers License checkpoint from 7 p.m. Friday through 2 a.m. Saturday.

"In an effort to reduce the number of persons killed and injured in alcohol involved crashes, 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," police said in a news release.

Traffic volume and weather permitting, all vehicles may be checked and 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 news release said.

CHP and police encourage the public to help keep roadways safe by calling 911 if they see a suspected impaired driver.

California Highway Patrol officers will be on the lookout for Sacramento drivers who pound too many green beers while celebrating St. Patrick's Day on Tuesday.

Officers will hold a sobriety checkpoint from 11 p.m. Tuesday to 3:15 a.m. Wednesday in the unincorporated area of northern Sacramento County, a CHP news release states.

The checkpoint will be canceled for safety reasons if it rains, and officers instead will be assigned to roving drunken driving units, the release states.

Officers at the checkpoint will be equipped with hand-held breath-testing devices. Officers who staff the checkpoint are trained in detecting alcohol- and drug-impaired drivers.

CHP drug recognition experts, who are certified by the National Highway Traffic Safety Administration, also will be on site to provide assessments of drivers suspected of drug use, the release states.

In Citrus Heights, additional police officers have been assigned to bolster traffic enforcement, targeting potential drunk drivers throughout that city.

California DUI Lawyers & California drunk driving attorneys:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI 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 superb.

Monday, March 16, 2009

Need to Strengthen Forensic Science in the United States: The National Academy of Science's Report on a Path Forward in 2 days

California DUI Lawyers report the Senate Judiciary Committee
Full Committee
DATE: March 18, 2009
TIME: 10:00 AM
ROOM: Dirksen-226


--------------------------------------------------------------------------------

OFFICIAL HEARING NOTICE / WITNESS LIST:
March 9, 2009

NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on "The Need to Strengthen Forensic Science in the United States: The National Academy of Science's Report on a Path Forward" for Wednesday, March 18, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.

By order of the Chairman

Witness List

Hearing before the
Senate Judiciary Committee

on

"The Need to Strengthen Forensic Science in the United States: The National Academy of Science's Report on a Path Forward"

Wednesday, March 18, 2009
Dirksen Senate Office Building Room 226
10:00 a.m.

The Honorable Harry T. Edwards
United States Court of Appeals for the District of Columbia Circuit
Co-Chair, Committee on Identifying the Needs of the Forensic Science Community
National Research Council of the National Academies
Washington, D.C.



--------------------------------------------------------------------------------

Sunday, March 15, 2009

Find a competent San Diego California DUI Lawyer

How can you find a competent San Diego California DUI Lawyer ?



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



A California 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 California lawyer. Most California 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 strs.

You can read more -Why use California's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .

Fill out the California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .

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 California DUI criminal defense attorney Rick Mueller was well received. Click on below sites to contact a California DUI Lawyer who can help:

California DUI Lawyer


California DUI


California DUI Attorney


California DUI Help

Saturday, March 14, 2009

How far will the DUI Police go to protect anyone involved with a Calfornia drunk driving incident? Self-Defense in Shooting of DUI Driver!

Sheriff's Deputies and California DUI officers with the California Highway Patrol are investigating a crazy incident that left one homeowner cleaning up a mess and sent a 18-year-old driver to the hospital with a gunshot wound before being arrested for California DUI.

Investigators are trying to figure out why Los Osos' resident Chris Saletta shot 18-year-old Nicole Galvez in the arm. According to Saletta, Galvez plowed her PT Cruiser through Saletta's fence and into the backyard of his home on the 2000 block of Sombrero Road. Saletta says, he awoke to find Galvez driving her car wildly through his back yard and he was forced to shoot her because he thought she would crash her car into his children's bedroom.

Saletta told California DUI investigators, the female driver of of the Cruiser collided with a water well pump, ran over his kids bikes and hit the rear porch support to his home. Saletta called 911 to report the rampage then armed himself and tried to approach Galvez.

According to Saletta, Galvez refused to get out of her car and continued to drive towards Saletta's home. Saletta said, fearing for his families safety, he then fired one round from a .22 caliber rifle through the passenger side of the car. He told investigators he fired the shot because Galvez was headed straight for his children's bedroom.

The Cruiser came to an abrupt stop after Saletta fired the shot. Saletta wounded Galvez with a single shot to her upper arm. Galvez was taken to Sierra Vista Hospital, was treated then arrested on suspicion of a California DUI / drunk driving. A preliminary California DUI investigation by the Sheriff's Department reveals that Saletta lawfully fired his weapon in self-defense.

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.

Friday, March 13, 2009

Sacramento, Torrance, Tracy & Vallejo St. Patrick's Friday DUI Checkpoints while David Hasselhoff put aside his differences with ex-wife Pamela Bach

California DUI checkpoints continue and police took the 46-year-old ex of David Hasselhoff into custody on Wednesday after she allegedly caused a rear end collision.

The Torrance Police Department will be conducting a DUI / Drivers License checkpoint on March 14, 2009 from 8 pm to 3 am (March 15) in the 4300 block of Pacific Coast Hwy. In an effort to reduce the number of persons killed and injured in alcohol involved crashes, 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.

All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers. This DUI / Drivers License checkpoint is an effort to reduce those tragedies, as well as insuring drivers have a valid driver’s license. A major component of these checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers.

A DUI checkpoint is a proven effective method for achieving this goal. By publicizing these enforcement and education efforts, the Torrance Police Department believes motorists can be deterred from drinking and driving.

Traffic volume and weather permitting, all vehicles may be checked and 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 9-1-1 if they see a suspected impaired driver.

Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Police Urge Motorists to Drive Responsibly this St. Patrick’s Day Weekend

Designate a Sober Driver Before the Party Begins

The Sacramento Police Department will be hosting AVOID the15 this weekend to help keep the streets safe this St. Patrick’s Day weekend. We are encouraging people to drink responsibly and designate a sober driver before heading to a local celebration or pub.

On Saturday, March 14, 2009, Avoid the 15 will be having a special DUI saturation patrol in the City of Sacramento to stop and arrest those who drink and drive. The AVOID anti-DUI program brings law enforcement agencies together in a countywide effort to crack down on drinking and driving. Funding for the program is provided by the Office of Traffic Safety.

The number one killer on our highways is the impaired driver. In 2007, alcohol attributed to 1,489 deaths in California with 30,641 injured, many still suffering with life-long disabilities. Statistics from the National Highway Traffic Safety Administration show that over the past five years, 851 people lost their lives in motor vehicle crashes during the St. Patrick’s Day holiday. Out of that number, 327 were killed in crashes that involved a drunk driver or motorcycle rider with a blood alcohol concentration of .08 or higher.

If you plan on drinking, don’t rely on the luck of the Irish this St. Patrick’s Day, to keep you safe or to keep you out of trouble. Be responsible and take appropriate precautions.

Police will run a sobriety checkpoint tonight in Tracy, but won’t disclose the exact location until this evening.

The Tracy Police and the California Highway Patrol are targeting drunken drivers and motorists without proper licensing and registration, police said. In the past, officers have set up checkpoints on East 11th Street near MacArthur Drive.

Police will keep the checkpoint open from 8 p.m. tonight through 2 a.m. Saturday morning.

The exact location won’t be available until after 6 p.m. tonight.

Vallejo police will be conducting a DUI/drivers license checkpoint today from 6 p.m. to 11 p.m. at undisclosed locations.

Part of the purpose of the checkpoints is to increase awareness of the dangers of driving under the influence and to encourage sober designated drivers, according to a police press release.

In other California DUI news, David Hasselhoff put aside his differences with ex-wife Pamela Bach to bail her out of jail after her drunk driving arrest on Wednesday.

California police took the 46-year-old actress into custody on Wednesday after she allegedly caused a rear end collision at around 9 p.m. in the San Fernando Valley.

She was booked for a felony at Van Nuys jail after others involved in the collision complained of minor injuries. Bach was released from custody at midnight after posting $100,000 bail. It was her ex-husband, Hasselhoff, who contacted a bail bondsman and paid the sum.

The pair has been embroiled in a bitter legal battle over attorney costs and living arrangements since the "Baywatch" star filed for divorce in 2006 after 16 years of marriage. Bach is due in court on April 6.

California DUI Criminal Defense Lawyer list:

Thursday, March 12, 2009

St. Patrick's Day brings California DUI checkpoints this weekend in Monterey, Salinas, Chino, Whittier

St. Patrick's Day means lots of California DUI checkpoints this weekend:

Police in Monterey County will be watching for California DUI suspects on St. Patrick’s Day, March 17. Salinas police plan a sobriety checkpoint and saturation patrols, said Sgt. John Lynn of the Salinas Police Dept., coordinator of Avoid the 18, the cooperative law enforcement California DUI crackdown. “We will also be directing the beat units to make frequent stops at local bars to discourage heavy drinking,” he warned.

The Chino Police Department on Friday March 20 will join law enforcement agencies statewide to participate in the Saint Patrick's Day weekend DUI Crackdown Campaign. Starting at 9 p.m., there will be a DUI / Drivers License checkpoint within city limits which will remain in operation for several hours.

The goal of the DUI Crackdown Campaign is to educate drivers about the dangers of driving while under the influence of drugs or alcohol. The Chino Police Department asks motorists to call 911 at anytime to report suspected drunk drivers.

The Whittier Police Department will conduct a driving under the influence checkpoint between 7 p.m. and 3 a.m. Friday and Saturday in the area of Mulberry Drive and Santa Fe Springs Road.
The checkpoint and other enforcement efforts are part of the Police Department's grant project for "Selective Traffic Enforcement Program."

The funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

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

California 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 25 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.

Try the 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.

See the below for more information by a California DUI Lawyer:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help

Wednesday, March 11, 2009

Creative "No Jurisdiction" DUI Defense gets "Sovereign Man" $25,000 Bail + Psych. Eval.

Do you live inside yourself? A Pennsylvania man accused of driving drunk wore a Coors Light sweatshirt to court and offered a novel defense yesterday in DUI court.

The law doesn't have jurisdiction over him, Scott A. Witmer said, because he is a ''sovereign man.''

''It means I live inside myself,'' Witmer, 44, told a curious Northampton County Judge Leonard Zito. ''I don't live in the state of Pennsylvania.''

Witmer was arrested by state police from Bethlehem early Aug. 24 when he allegedly drove drunk from his 1309 Adams St. home after troopers responded to a domestic violence call. Police also charged him with several summary offenses and said he did not have insurance, lacked valid license plates, and was driving on a revoked license.

Accompanying Witmer's legal position was a 20-page motion he submitted in December, in which he insisted the charges against him were unconstitutional. In the filing, he served notice on the court that to rule otherwise would be a ''blatant act of TYRANNY,'' and akin to ''committing acts of treason, usurpation and tyranny.''

Witmer's claim of sovereignty brought raised eyebrows in the courtroom and concerns from Zito. The judge asked public defender James Connell to represent Witmer in a bail hearing held about an hour later in which he increased bail, causing Witmer to be led out of court in handcuffs. ''I'm alarmed that you may be a danger to yourself or our community,'' Zito said.

Zito ordered Witmer to undergo a psychological examination, which didn't faze the defendant, who said, ''I'm not insane'' and ''I'm not crazy.'' ''I've already had five of those done on me in prison,'' Witmer said of the examinations. ''It's no big deal.''

Witmer had been free on unsecured bail. Zito set the new amount at $25,000, with $2,500 needed for release. Connell said Witmer intends to challenge his stop by state police, and will be filing a motion to that effect. Witmer appeared to take a similar stance during the bail hearing, saying ''that's not a true statement'' when Zito repeated his earlier claim that Witmer could be a danger.

In court filings, police alleged that an intoxicated Witmer cursed at them and had trouble standing after troopers were called to his home because of an argument with his girlfriend. Police said they told Witmer not to drive as they were leaving. While they were parked doing paperwork, Witmer drove past them, allegedly failing to stop at a stop sign and crossing the center line many times, and he refused a blood-alcohol test, according to California DUI attorneys .

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 DUI Lawyer will help you. Free DUI & DMV DEFENSE EVALUATION

Tuesday, March 10, 2009

What really goes on in those DMV hearings (after a California DUI)?

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 California DMV rules, California DMV laws and 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 San Diego drunk driving / DUI police report, DMV records, California DUI alcohol reports and the important California DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your California 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 San Diego DMV / DMV suspension can be set aside or sustained. If the California DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the California Superior court by filing a California 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 California 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 California DUI / DMV hearings and the absence of an independent California DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not California DUI criminal proceedings, California County public defenders are unavailable.

Your California DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the California 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 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 California DUI / DMV Attorney Specialist.

Alternatively, if your request for an extension is denied by the 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.

Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The California Driver Safety Office in San Diego is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).

The California DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your California DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a California DMV hearing is provided and a California DMV decision is actually rendered.

California DUI

Monday, March 9, 2009

What happened on way to the Best Oral - articulate Celebrity Star gets 3 days for DUI & delivered meals in Arizona's Tent City

California DUI attorneys hear that former NBA star Charles Barkley was released from jail Monday after serving a 3 day sentence on a DUI / drunk driving conviction.

Barkley left Tent City jail just before 8 a.m. Barkley, a TNT studio analyst, reported to the jail Saturday morning wearing a blue warm-up suit with red stripes. He was not required to wear a jail uniform or the county’s signature pink underwear because he got work release.

Barkley spent about 36 hours in jail after getting 12 hours of work release on Sunday and Monday. He was housed in a separate tent from the other inmates for his safety, and meals were brought to him.

The 46-year-old Barkley pleaded guilty last month to two misdemeanor DUI charges stemming from his Dec. 31 arrest, shortly after leaving a Scottsdale nightclub and failing a field sobriety test. He had a blood-alcohol level of .149%.

A Scottsdale judge reduced Barkley’s original 10-day sentence to three days after reviewing the case and deciding that seven days should be suspended if Barkley completes an alcohol-treatment program. The Hall of Fame player also must pay more than $2,000 in fines and install an ignition-interlock device on his vehicles.

Barkley said last month that he made a mistake and just has “to take the beatdown.”

Barkley played 16 seasons for the Philadelphia 76ers, Phoenix Suns and Houston Rockets, and played on the USA Olympic “Dream Team” in 1992 and 1996. He was an 11-time All-Star and league MVP in 1993, and reveals tips & pointers in interesting DUI situations.

Hit some cars with a Pitbull & combative Son striking CHP cop? Prepare for Taser & California DUI charges!

California DUI criminal defense attorneys heard today about a person in custody Sunday after an attack on a California Highway Patrol officer.

California DUI cops said the incident occurred on eastbound Interstate 80 near the Auburn Boulevard off-ramp at about 1 p.m. Sunday.

CHP said the California DUI officer responded to a phone call reporting a reckless driver had sideswiped two vehicles on Capitol City Freeway.

Police said the suspect vehicle became disabled and pulled over to the side of the road. The man identified as 60-year-old Junius Tillman, his son and a pit bull dog began walking along the side of the freeway when they were approached by California DUI authorities.

Tillman's son became combative and struck the CHP officer, police said. Another CHP officer came up on the scene and ordered the man to stop. The officer fired a Taser at the son and was eventually taken into custody.

He was transported to Sutter Roseville Hospital. A Mercy San Juan Hospital representative said the officer was transported to Mercy San Juan Hospital for treatment. Police said the Tillman was taken into custody and charged with California Drunk Driving / DUI violation. One of the two involved is a parolee. Animal control came out and took the pit bull. Maybe the California State Prison folks will also come out.

To avoid being lasered or convicted of a California DUI
.

Sunday, March 8, 2009

Secret to locating a professional & competent DUI Lawyer in California - Contact a California DUI Lawyer who can help

California DUI Attorneys are often asked: how can you find a qualified & competent California DUI Lawyer ?



Various types of lawyers handle California 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 Professional 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 California's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .



Here's a California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .

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.

Contact a California DUI Lawyer who can help:

San Diego California DUI Lawyer


San Diego California DUI


California DUI Attorney


San Diego California DUI Help

Saturday, March 7, 2009

Brian Bosworth arrested for California DUI on his Harley

California DUI Attorneys at www.SanDiegoDrunkDrivingAttorney.net/survey.html and California drunk driving lawyers at www.SanDiegoDUI.com/about.html report that former college football star & NFL player Brian Bosworth was pulled over for a California DUI last night on his Harley Davidson motorcyle.

California DUI police pulled over The Boz on Hollywood Blvd. for not having a license plate on his bike, but detected alcohol on his breath. He allegedly did not have satisfactory readings on the breathalyzer and was arrested for California drunk driving. Box was taken into custody at about 3:00 AM, according to California DUI defense lawyers.

Boz will likely hire any of a number of excellent California DUI criminal attorneys.

California DUI Criminal Defense Lawyer list:

California DUI Lawyer


California DUI


California DUI Attorney


San Diego California DUI Help

Friday, March 6, 2009

California fire chief pleas no contest to California DUI

California DUI attorneys and California DUI lawyers are told that the Isleton California fire chief has pleaded no contest to charges of a California DUI / drunk driving / driving under the influence of alcohol.

Chief Robert Eugene Bartley, 44, made the plea Thursday morning in a Lodi California courtroom.

Bartley was arrested at 2:28 a.m. Jan. 1 in San Joaquin County after the white Ford Explorer he was driving – an Isleton city vehicle – got stuck in the mud, said Adrian Quintero, a California Highway Patrol spokesman.

A passing motorist called police at 1:47 a.m. to report the disabled vehicle, which was on Walnut Grove Road, west of Interstate 5, Quintero said.

Police reports confusingly describe Bartley as cooperative but allegedly evasive when answering officers' questions. That doesn't make sense.

"He stated he was on his way home, but he did not tell us where he was coming from," Quintero said.

Bartley, who resides in Thornton, identified himself to officers as the Isleton California fire chief.

Tests allegedly determined Bartley's blood-alcohol level was over the legal limit, and he was arrested.

He said the CHP doesn't reveal the exact blood-alcohol level in California DUI arrests.

A passenger in the vehicle was driven to a safe place and released, according to the California DUI arrest reports.

The fire chief was sentenced Thursday to three years' probation and two days in county jail, said San Joaquin California County Deputy District Attorney Paul Christensen.

Bartley also is required to complete a program for first-time California DUI offenders and pay a $2,352 fine, Christensen said.

The California Department of Motor Vehicles confirmed that Bartley's Class B commercial license was suspended on Feb. 27 for California driving under the influence. Bartley has been Isleton's fire chief since February 2008. He is the sole paid employee of the one-station Fire Department and oversees a staff of volunteer firefighters and a good guy.

California DUI Defense Resource Center:

Thursday, March 5, 2009

San Diego DUI death gets 19 year old 5 year prison sentence, CHP to step up California DUI patrols

California DUI attorneys and California DUI lawyers at http://www.sandiegodui.com/defenses.html unfortunately relate that a 19-year-old San Diego resident who was over the legal limit when he crashed an SUV carrying five people on a residential street -- killing a friend -- was sentenced Tuesday to nearly five years in state prison.

Richard Caldwell pleaded guilty Dec. 3 to gross vehicular manslaughter while intoxicated and DUI causing injury.

Caldwell had a .12 percent blood-alcohol level and was driving at least 65 mph down a residential street in Poway when he lost control of the vehicle about 2:30 a.m. last April 10, killing Charles Amaro II and injuring two others.

San Diego California DUI Criminal Defense attorney Michael Harkness, arguing unsuccessfully for probation, told Judge David Danielsen that his client had no prior criminal record and had already suffered greatly because of the loss of his good friend on the victim's 20th birthday.

But Danielsen said the message needed to go out to the community that if a motorist drinks and drives and kills or seriously injures someone, there will be consequences.

"His responsibility is great, and our responsibility to the community is greater," the judge said in handing down the 56-month term.Caldwell, who was also seriously injured in the accident, apologized to Amaro's family and his own mother. "I accept full responsibility," the defendant said.

San Diego California DUI Lawyer Harkness said Caldwell had dreams of playing college football at a major university, but those dreams were probably dashed because of his injuries. Amaro's mother, Gidgette Nieves, said she prayed that Caldwell would be sentenced to a term that achieved justice. The group in the SUV had attended a party the night of the San Diego California DUI accident.

Caldwell and two others had actually left the party but returned when Amaro called for a ride home, San Diego California DUI attorneys are told.

Deputy District Attorney Greg Walden said the SUV rolled five or six times before coming to rest. He said what remained of the vehicle made it look like "a roadside bomb went off."

Amaro was scheduled to appear in court that same day in connection with an unrelated San Diego California DUI / drunk driving manslaughter accident in which he was a passenger. That San Diego California DUI crash killed a 19-year-old Temecula woman and injured a second passenger.

In other California DUI news, the CHP is providing Oakland police with the extra officers it needs to increase the number of California DUI checkpoints, and make routine traffic stops. But more than one of those routine stops has resulted in far more than a traffic ticket. "We were able to arrest the driver for driving under the influence but also arrest him for possession of heroin for sale, black tar heroin, white powder heroin, methadone tablets and syringes," said Area CHP Commander Don Morrell. California DUI authorities deny charges that racial profiling is involved in the traffic stops. The statewide California DUI effort is funded by a $7 million grant from 'Cal-GRIP,' the "California Gang Reduction, Intervention, and Prevention Program."

California's DUI & DMV online consultation

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Wednesday, March 4, 2009

Upcoming California DUI in Torrance, Gary Collins gets 4 months for California DUI electronic monitoring sentence

California DUI criminal defense lawyers and California drunk driving criminal defense attorneys at www.SanDiegoDrunkDrivingAttorney.net/survey.html report Torrance Police Department Targets Impaired Drivers with Checkpoint

The Torrance Police Department will be conducting a California DUI / Drivers License checkpoint on March 14, 2009 from 8 pm to 3 am (March 15) in the 4300 block of Pacific Coast Hwy. In an effort to reduce the number of persons killed and injured in alcohol involved crashes, California 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.

All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers. This California DUI / Drivers License checkpoint is an effort to reduce those tragedies, as well as insuring drivers have a valid driver’s license. A major component of these California DUI checkpoints is to increase awareness of the dangers of impaired driving and to encourage sober designated drivers.

A California DUI checkpoint is allegedly a proven effective method for achieving this goal. By publicizing these California DUI enforcement and education efforts, the Torrance Police Department believes motorists can be deterred from drinking and driving.

Traffic volume and weather permitting, all vehicles may be checked and drivers who are California DUI - 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 9-1-1 if they see a suspected California DUI - impaired driver.

Funding for this California DUI operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, according to California DUI Lt. Jon Megeff of the Torrance Police Department California DUI Traffic Division.

Actor and former TV host Gary Collins faces four months in jail after pleading no contest to misdemeanor California DUI charges in a Santa Barbara County courtroom Monday. Collins was also given three years of California DUI probation and a three-year suspension of his driver's license. Collins is able to apply for California DUI home detention and electronic monitoring instead of the jail time. The 70-year-old was arrested on January 31 after California Highway Patrol officers stopped him for driving a motor home dangerously in Summerland. California DUI officers say they gave Collins a California DUI sobriety test that night, which he allegedly failed. This was Collins' third California DUI offense.

DUI Lawyer - California DUI Attorney Drunk Driving can help you beat the San Diego drunk driving charge:

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

FREE California DUI & DMV DEFENSE "EVALUATION FORM" California DUI Defense Resource Center:
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.
California DUI Lawyer Rick Mueller is a premier San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as a "DMV Guru," Rick Mueller dedicates all of his California DUI law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients. Complete the important California DUI - Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.

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Tuesday, March 3, 2009

California drunk driving charge for Kentucky Derby Trainer

California DUI criminal defense lawyers and California drunk driving criminal defense attorneys report the trainer for a leading Kentucky Derby contender has been arrested outside Los Angeles on suspicion of California DUI / drunk driving.
Julio Canani, who trains The Pamplemousse, was released from jail yesterday after his arrest a day before in Sierra Madre, about 15 miles northeast of downtown Los Angeles.
Sierra Madre police say officers pulled over the 70-year-old trainer for a traffic violation. He allegedly failed to pass a California DUI field sobriety test and was booked at the Pasadena City Jail.
The Pamplemousse on Saturday won the Sham Stakes at Santa Anita Park in record time, solidifying his status as a Kentucky Derby contender.
Canani was released on $5,000 bail with a promise to appear on the California DUI charges on May 6.

Monday, March 2, 2009

California DUI advantages of hiring a top attorney, checkpoint news

California DUI defense lawyers agree that hiring a California DUI attorney is highly recommended if you are arrested for a California DUI. Here are a few reasons why:

• A California drunk driving attorney is fully knowledgeable about California DUI laws and procedures. You want to hire a California attorney who can examine your California DUI case and know what kind of information to represent to the judge and the court. Trying to do this on your own could be costly.

• A California attorney will know what information is required and will know what California DUI resources to look into.

• You will save you money and time. If you're a first-time California DUI Offender and end up being convicted of drunk driving, you can stand to lose thousands of dollars in fines and fees.

• You could get your California drunk driving sentence reduced.
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you.

The Moreno Valley Police Department has just completed another DUI/CDL SAFETY CHECKPOINT. This operation ran from 1800 hours through 2359 hours. The checkpoint was located on Perris south of Bay. The primary goal of the checkpoint was to screen for DUI drivers as well as unlicensed or suspended drivers. This was in response to collisions involving unlicensed, suspended and DUI drivers. Checkpoints at various times throughout the year are conducted to reduce drunk driving, and apprehend drivers with suspended and/or revoked licenses.

A total of 2695 cars passed through the checkpoint. 95 drivers were issued citations and 78 vehicles were impounded. The majority of these citations and impounds were for suspended or unlicensed drivers. A total of 3 field sobriety tests were conducted, and 2 drivers were arrested for DUI.

Drunk driving is a major cause of fatal and injury collisions each year. We are seeking your assistance in saving lives. If you are on the roadways and you observe a possible drunk driver call 911 immediately. Officers will be dispatched to the location and make every effort to prevent the impaired driver from continuing to pose a threat.

The Moreno Valley Police Department wishes to remind you that if you choose to drink alcoholic beverages, please designate a sober driver before getting into a vehicle. Remember “Drunk Driving. Over the Limit. Under Arrest!”

San Diego DUI Defense Resource Center:

Sunday, March 1, 2009

Security Clearance Decision after DUI conviction / NJP

DATE: June 4, 2004



--------------------------------------------------------------------------------


In re:
-------------------

SSN: -----------

Applicant for Security Clearance



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ISCR Case No. 03-07011
DECISION OF ADMINISTRATIVE JUDGE

PHILIP S. HOWE

APPEARANCES

FOR GOVERNMENT

Marc Curry, Esq., Department Counsel

FOR APPLICANT

Pro Se

SYNOPSIS

Applicant is 25 years old. He has two alcohol-related driving arrests. He was convicted in state court, and received non-judicial punishment for the military incident. Applicant does not consume alcohol at present. Applicant did not disclose the military-related incidents and alcohol treatment, allegedly upon the advice of his supervisor. Applicant did not mitigate the alcohol consumption and personal conduct security concerns. Clearance is denied.

STATEMENT OF THE CASE

On October 15, 2003, the Defense Office of Hearings and Appeals (DOHA), under Executive Order 10865, Safeguarding Classified Information Within Industry, dated February 20, 1960, as amended and modified, and Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (Directive), dated January 2, 1992, as amended and modified, issued a Statement of Reasons (SOR) to Applicant. The SOR detailed reasons under Guideline G (Alcohol Consumption), and Guideline E (Personal Conduct) why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for Applicant. The SOR recommended referral to an Administrative Judge to conduct proceedings and determine whether clearance should be granted, continued, denied, or revoked.

In a signed and sworn Answer, dated November 14, 2003, Applicant responded to the SOR allegations. He requested a hearing. This case was assigned to me on January 12, 2004.

DOHA issued a Notice of Hearing on January 20, 2004, setting the hearing for February 4, 2004. On that date, I convened the hearing to consider whether it is clearly consistent with the national interest to grant Applicant's security clearance. The Government presented four exhibits which were admitted into evidence. Applicant appeared and testified. I received the transcript (Tr.) on February 13, 2004.

FINDINGS OF FACT

Applicant admitted the allegations in the SOR. Those admissions are incorporated herein as findings of fact. At the commencement of the hearing, the Government withdrew paragraph 2.b. (Tr. 6). After a complete and thorough review of the evidence in the record, and upon due consideration of the same, I make the following additional findings of fact:

Applicant is 25 years old. He works for a defense contractor as the initial reviewer of the security clearance applications filed electronically by applicants for their security clearance. Following graduation from high school in 1997, he enlisted in the U.S. Marines for four years. (Exhibit 1 at 1; Tr. 18, 32, 35, 36)

On August 15, 1999, while on active duty, Applicant was apprehended by the security police at his Marine base for driving while under the influence of alcohol (DUI). He blew a .07, under the minimum .10 blood alcohol content (BAC), and received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). Applicant was required to attend the military alcohol treatment and awareness program at the naval hospital attached to his military base. Anyone who was convicted of a DUI on a military base attended that course of instruction on the effects of alcohol. He attended the course from January 6, 2000, to January 26, 2000, and successfully completed it. Applicant was evaluated on September 20, 1999, with "Alcohol Dependence", which evaluation was prior to Applicant's admission into the treatment program in January 2000. The evaluators or treating personnel are not identified by name or title on the completion report submitted to Applicant's commander, but the report states the diagnosis was confirmed by a credential provider on September 24, 1999. The treatment program was located at a U.S. Navy Hospital's alcohol treatment facility. (Tr. 15 to 20; Exhibit 2 at 1, Exhibit 3 at 1 and 2)

Applicant was arrested in his home state on May 26, 2001 for operating a motor vehicle while intoxicated. He had a BAC of .15 that night. He pled guilty to DUI and was fined $750, his license was suspended for 180 days, and sentenced to 60 days in jail, with 57 days suspended if he attended a three-day alcohol "alcohol school" in lieu of serving the three days in jail which were not suspended. Applicant did attend that program and successfully completed it. (Tr. 22 to 26, 32, 33; Exhibit 2 at 2, Exhibit 4)

Applicant only drinks socially now, which he started to do in November 2003. If Applicant goes bowling with friends from work, he may drink one beer after the game. He regrets the past incidents and attributes them to being young. On Saturday nights until November 2003 Applicant would consume six to eight beers. He does not drive after this consumption. (Tr. 16, 27 to 29)

Applicant did not list his 1999 non-judicial punishment on his security clearance application (SCA) in answer to Question 23 (Police record). He was told by his civilian supervisor at his employer's work site that he need not list any military activities because his military records would be examined by the defense investigators. Applicant did not identify that supervisor, but did state he was no longer employed at the work site. Applicant also did not list his 2000 Marine Corps alcohol program participation in answer to Question 25 (Alcohol use). (Tr. 30 to 32)

Applicant did not list on the SCA he filed in September 2001 the use of marijuana five times from 1995 to 1997 in response to Question 24. Applicant listed it on his military SCA he completed in 1998. Applicant again assumed this military record would also be pulled and examined by the investigator, based upon what he stated his supervisor in 2001 told him. (Answer; Exhibit 1 at 4, Exhibit 2 at 2; Tr. 31, 34)

Applicant has a good work history and is highly regarded by his colleagues and his manager. He plays softball and bowls on the company teams. (Tr. 44 to 55)

POLICIES

"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988). As Commander in Chief, the President has "the authority to . . . control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position . . . that will give that person access to such information." Id. At 527.The president has restricted eligibility for access to classified information to United States citizens "whose personal and professional history affirmatively indicates loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgement, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing he use, handling, and protection of classified information." Exec. Or. 12968, Access to Classified Information § 3.1(b) (Aug. 4, 1995). Eligibility for a security clearance is predicted upon the applicant meeting the security guidelines contained in the Directive.

The adjudication process is based on the whole person concept. All available, reliable information about the person, past and present, is to be taken into account in reaching a decision as to whether a person is an acceptable security risk. Enclosure 2 to the Directive sets forth adjudicative guidelines that must be carefully considered according to the pertinent Guideline in making the overall common sense determination required.

Each adjudicative decision must also include an assessment of:


(1) the nature, extent, and seriousness of the conduct;

(2) the circumstances surrounding the conduct, and the extent of knowledgeable participation;

(3) how recent and frequent the behavior was;

(4) the individual's age and maturity at the time of the conduct;

(5) the voluntariness of participation;

(6) the presence or absence of rehabilitation and other pertinent behavioral changes;

(7) the motivation for the conduct;

(8) the potential for pressure, coercion, exploitation, or duress; and

(9) the likelihood of continuation or recurrence (See Directive, Section E2.2.1. of Enclosure 2).

Because each security case presents its own unique facts and circumstances, it should not be assumed that the factors exhaust the realm of human experience or that the factors apply equally in every case. Moreover, although adverse information concerning a single condition may not be sufficient for an unfavorable determination, the individual may be disqualified if available information reflects a recent or recurring pattern of questionable judgment, irresponsibility, or other behavior specified in the Guidelines.

Initially, the Government must establish, by substantial evidence, that conditions exist in the personal or professional history of the applicant which disqualify, or may disqualify, the applicant from being eligible for access to classified information. See Egan, 484 U.S. at 531. All that is required is proof of facts and circumstances that indicate an applicant is at risk for mishandling classified information, or that an applicant does not demonstrate the high degree of judgment, reliability, or trustworthiness required of persons handling classified information. ISCR Case No. 00-0277, 2001 DOHA LEXIS 335 at **6-8 (App. Bd. 2001). Once the Government has established a prima facie case by substantial evidence, the burden shifts to the applicant to rebut, explain, extenuate, or mitigate the facts. See Directive ¶ E3.1.15. An applicant "has the ultimate burden of demonstrating that is clearly consistent with the national interest to grant or continue his security clearance. ISCR Case No. 01-20700 at 3 (App. Bd. 2002). "Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security." Directive ¶ E2.2.2. "[S]ecurity clearance determinations should err, if they must, on the side of denials." Egan, 484 U.S. at 531. See Exec. Or. 12968 § 3.1(b).

Based upon a consideration of the evidence as a whole, I find the following adjudicative guidelines most pertinent to an evaluation of the facts of this case:

Guideline G - Alcohol Consumption

The Concern: Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness. E2.A7.1.1.

Conditions that could raise a security concern and may be disqualifying include:

(1) Alcohol-related incidents away from work, such as driving while under the influence. E2.A7.1.2.1.

(3) Diagnosis by a credentialed medical professional (e.g., clinical psychologist) of alcohol dependence. E2.A7.1.2.3

(5) Habitual or binge consumption of alcohol to the point of impaired judgment. E2.A7.1.2.5

(6) Consumption of alcohol, subsequent to a diagnosis of alcoholism by a credentialed

medical professional and following completion of an alcohol rehabilitation

program. E2.A7.1.2.6

Conditions that could mitigate security concerns include:

(2) The problem occurred a number of years ago and there is no indication of a recent problem. E2.A7.1.3.2

(3) Positive changes in behavior supportive of sobriety. E2.A7.1.3.3.

(4) Following diagnosis of alcohol dependence, the individual has successfully completed

outpatient rehabilitation along with aftercare requirements, participates frequently in meetings of Alcoholics Anonymous or a similar organization, has abstained from alcohol for a period of at least 12 months, and received a favorable prognosis by a credentialed medical

professional or licensed clinical social worker who is staff member of a recognized alcohol

treatment program.

Guideline E - Personal Conduct:

The Concern: Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information.

Conditions that could raise a security concern and may be disqualifying include: E2.A5.1.2.

(2) The deliberate omission, concealment, falsification or misrepresentation of relevant and material facts from any personnel security questionnaire, personal history statement or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities. E2.A5.1.2.2.

(5) A pattern of dishonesty or rule violations. E2.A5.1.2.5.

(C) Conditions that could mitigate security concerns include:

(2) The falsification was an isolated incident, was not recent, and the individual has

subsequently provided correct information voluntarily. E2.A5.1.3.2.

(4) The omission of material facts was caused or significantly contributed to by

improper or inadequate advice of authorized personnel, and the previously omitted

information was promptly and fully provided. E2.A5.1.3.4.

Under Executive Order 10865, as amended, and the Directive, a decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest. I reached conclusions which have a reasonable and logical basis in the evidence of record.

CONCLUSIONS

Upon consideration of all the facts in evidence, and after application of all appropriate legal precepts, factors, and conditions above, I conclude the following with respect to each allegation set forth in the SOR:

Addressing the alcohol involvement under Guideline G, the Government has established its allegations against Applicant that he had a DUI incident in 1999 while on a Marine Corps base, and in 2001 in his home state. The Government also established by these two events Applicant drank to excess on those dates, and that he drank to excess and possibly intoxication on the Saturdays on which he drank six to eight beers. However, there is no evidence that those beers were consumed within a short period of time or that Applicant did anything to indicate he was intoxicated. Therefore, I conclude Applicant was intoxicated on the two occasions on which he was arrested because to do otherwise would be to engage in speculation about Applicant's conduct. Obviously, Applicant did continue to consume alcohol after he was successfully discharged from the Marine Corps alcohol treatment facility in 2000. That facility did not identify the credentials of the person who made a diagnosis of alcohol dependence on Applicant before he entered the treatment facility, but the official government document states the provider was credentialed, and the program was conducted at a Naval Hospital's alcohol treatment facility. Therefore, I conclude Disqualifying Conditions (DC) 1 (alcohol-related incidents away from work, such as DUI), DC 3 (diagnosis by a credentialed medical provider of alcohol dependence), and DC 6 (consumption of alcohol, subsequent to a diagnosis of alcoholism by a credentialed medical professional and following completion of an alcohol rehabilitation program) apply because of the two DUI incidents and his continued drinking alcohol to some degree until November 2003.

The Mitigating Conditions (MC) 2 and 3 apply. These incidents were five and three years ago. Applicant has not engaged in that type of behavior, or had any alcohol-related incidents, since that time. In fact, he testified he does not drink alcohol since he stopped drinking in 2003. Applicant testified he now spends time working out at the gym to focus on those activities instead of drinking with friends. These changes in his life are positive supportive of sobriety. However, Applicant has not been abstinent from alcohol for at least 12 months continuously since he was diagnosed as alcohol dependent in the alcohol treatment program at the Naval Hospital. Nor does have a favorable prognosis from a credentialed medical provider or licensed clinical social worker who is a staff member of a recognized alcohol treatment program following his diagnosis of alcohol dependence. Upon this evidence, I conclude the MC 2 and 3 do not outweigh the DC upon these facts. Therefore, I conclude Guideline F against Applicant.

Considering Paragraph 2 and Guideline E, I conclude the Government established its case on the non-disclosure of five incidents of marijuana use from 1995 to 1997, and the alcohol treatment program in 2000 (subparagraphs 2.b. and 2.c). Applicant admitted these allegations.

However, regarding the Article 15 non-disclosure, the conviction alleged in subparagraph 2.a. of the SOR was actually non-judicial punishment under Article 15 of the UCMJ. That action is not a conviction for the purposes of the SCA, I conclude, because under the UCMJ it is not considered judicial action by its terms and purpose, and therefore, there is no conviction to report. In fact, Question 23 (e) specifically asks for Article 15 information and the Government did not allege Applicant failed to disclose his 1999 Article 15.

In subparagraph 2.c. Applicant did not disclose his alcohol treatment program participation while in the U.S. Marine. Applicant testified that his supervisor told him not to include the military information on his SCA because the military record would be pulled and reviewed in the normal course of the evaluation of his SCA. Applicant obviously relied upon that advice. But the burden is upon the Applicant to submit evidence to support the application of MC to his case. He merely asserted that this unnamed supervisor three years ago told him not to list his military information which would fall within the scope of any of the questions, particularly Questions 24 and 25. The absence of this supervisor makes his statement hearsay.

While the technical rules of evidence are relaxed in these hearings, this attribution to the unidentified and long-gone supervisor is not persuasive to me. Applicant read the questions on the SCA, and could read they did not contain any exceptions for prior military service. Full disclosure is the standard, regardless of how often the questions are asked. The concern under Personal Conduct is that conduct involving questionable judgment, unreliability, lack of candor or an unwillingness to comply with rules could indicate Applicant may not properly safeguard classified information (Guideline E, E2.A5.1.1). I do not find Applicant's explanation of why he failed to disclose fully the information requested to be credible. I conclude DC 2 and 5 apply.

I cannot apply any mitigating conditions to Applicant's case. I considered them all, and in particular MC 2 and 4. I do not apply them because the falsification showed a pattern about the disclosure of relevant information from his military service, so it is not isolated. There is no authorized person identified and who testified that he gave Applicant improper or inadequate advice about completing his SCA. No other MC are remotely applicable. Therefore, I conclude Guideline E against Applicant.

FORMAL FINDINGS

Formal Findings as required by Section E3.1.25 of Enclosure 3 of the Directive are hereby rendered as follows:

Paragraph 1 Guideline G: Against Applicant

Subparagraph 1.a.: Against Applicant

Subparagraph 1.b.: Against Applicant

Subparagraph 1.c.: Against Applicant

Subparagraph 1.d.: Against Applicant

Subparagraph 1.e.: Against Applicant

Paragraph 2 Guideline E: Against Applicant

Subparagraph 2.a.: For Applicant

Subparagraph 2.b.: Against Applicant

Subparagraph 2.c.: Against Applicant

DECISION

In light of all the circumstances and facts presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for Applicant. Clearance is granted.

_____________________

Philip S. Howe

Administrative Judge