Wednesday, September 30, 2009

California DUI Cops Outsource Police Report Writing!!!

Vallejo Police Outsource Report Writing
Police department in cash-strapped Bay Area city has third-party firm taking down notes
By Jackson West

Vallejo cops should have more time on the streets and less time writing up reports, but outsourcing police report transcription could prove controversial.

The police department in cash-strapped Vallejo, Calif., may have found a way to save a little money.

The Police Department is now using a transcription service based in Tennessee -- Nashville-McLintock Transcription and Consulting Services -- to write up its police reports.

The reports are dictated into a digital audio file then sent via a secure connection to Nashville-McClintock, where retired law-enforcement officials write them up.

The practice is less expensive than hiring new personnel and could possibly elicit more details from officers who might otherwise keep it brief if they had to do the typing themselves.

The drawbacks, however, include both security and privacy issues.

The University of California at San Francisco learned that the hard way when a transcriptionist in Pakistan threatened to release confidential patient records in order to force an employer to make good on wages.

Besides rogue transcriptionists, the secure connection could be compromised and an unscrupulous third-party contractor could sub-contract the work to a cheaper, and less experienced outfit.

But at least department morale should get a boost. Nobody likes typing.

California DUI criminal defense attorneys are perturbed over this activity.

Tuesday, September 29, 2009

The only criminal defense attorney who was a premier California DUI criminal Speaker at so many California DUI criminal defense seminars in San Diego

California DUI criminal defense Attorney Specialist Rick Mueller lectured on August 1, 2009 at the Annual DUI Seminar at Loyola Law School in Los Angeles, California. Rick is the only criminal defense attorney who was a premier California DUI criminal Speaker at so many California DUI criminal defense seminars in San Diego County in the last several years. "Superb"-rated California DUI criminal lawyer Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 Annual DUI Seminar.

Rick is the only San Diego California DUI criminal defense attorney who is the Editorial Consultant for the California Drunk Driving Law book, the most comprehensive reference book for California DUI law. Recognized by thousands of California criminal defense attorneys and judges as California's Bible of DUI Defense, the book features California DUI criminal Drunk Driving lawyer Rick Mueller's extensive ideas. Try his free Survey today.

Monday, September 28, 2009

Top 10 Reasons to Hire a California DUI Attorney Specialist

Why use San Diego California's Specialist in DUI and DMV Law

1. You need an aggressive California DUI criminal defense attorney to keep you out of jail and who has experience in hundreds of DUI and DMV matters like yours.

2. If you are arrested for Drunk Driving or Driving Under the Influence, you probably need to save your driver's license. Call me to find out how I may help you save your license and your job, and how I have saved my clients' licenses in my cases.

3. Hiring a qualified DUI Specialist is your only chance for a win in any case. Every case I have handled has been a win since my clients were satisfied.

4. When you call or email me for your free consultation today, you will know:
1. You made the right choice.
2. While no guarantee, I will try to beat the charge(s).
3. I am not just a "mouth-piece" - I am a hired gun.

5. In most cases, you never have to testify or appear in court.

6. I am admitted to practice before the U.S. Supreme Court. I have been a Judge Pro Tem. I have over 25 years trial experience.

7. I have won cases in Northern, and throughout, Southern California.

8. In the past year, most of the criminal matters I have handled successfully resulted in charges or enhancements dropped, reduced or dismissed. I will always try to minimize your economic and legal exposure.

9. "A person who tries to represent himself or herself has a fool for a lawyer." If you are employed or have assets, you probably do not qualify for a public defender. Public defenders do not handle DMV license hearings.

10. Bottom Line: You need a California DUI criminal defense lawyer and I get results!

Sunday, September 27, 2009

What your San Diego California DUI - DMV Attorney must do within 10 days of being arrested

What your San Diego California DUI - DMV Attorney must do within 10 days of being arrested

10. Since you need to save your driver's license or driving privileges, your San Diego California DUI attorney has only ten (10) calendar days to contact DMV!

Please do not schedule yourself because if you contact San Diego DMV to schedule a date conflicting with your San Diego California DUI lawyer's calendar, DMV will not reschedule and you may not get the San Diego California DUI attorney of your choice. There is no rush as long as your San Diego California DUI lawyer contacts DMV by the 10th day from your arrest.

9. The 10 calendar day time limit is counted from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If the time is almost over or you are late, contact a San Diego California DUI attorney ASAP.

8. The ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received from the San Diego California DUI officer.

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

6. Even if you have a license from another state, and even if the San Diego California DUI officer did not take your license, that state may also take action against your out-of-state license or California driving privileges.

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

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

4. Please do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and San Diego California DUI criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the San Diego California DUI officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date".

If there are approximately thirty (30) days from your arrest date to your San Diego California DUI court date, this may just be a dangerous coincidence. There usually are months before your San Diego California DMV hearing takes place.

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

Issues include whether the San Diego California DUI officer had probable cause to stop or contact you and whether the San Diego California DUI chemical test evidence is objectionable, admissible, trustworthy and/or reliable.

2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, your San Diego California DUI lawyer wins for you!

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

Contact a member of the National College for DUI Defense today for help in your area.

Saturday, September 26, 2009

Good place to start: FREE California DUI "EVALUATION FORM"

DUI Attorney Rick Mueller specializes in California DUI and drunk driving defense law. California DUI Defense Lawyer Specialist Rick Mueller blogs and twits. Rick is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several
years. At an 8th seminar, California Criminal Defense Attorney Rick Mueller spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California . California DUI Lawyer Rick Mueller is known as the "DMV Guru", and is California DUI Editorial Consultant for the most comprehensive reference book for California DUI law. California drunk driving lawyer Rick Mueller is a Defense Specialist Member of the California DUI Attorneys Association. He is a member of the valuable National College for DUI Defense.

Good place to start: FREE California DUI "EVALUATION FORM"

Superb California DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)

California DUI


Video of California DUI / DMV Attorney

Tuesday, September 22, 2009

If you have been arrested for a San Diego California DUI, your rights and future are tested!

If you have been arrested for a San Diego California DUI, your rights and future are being tested.

If you are convicted on San Diego California DUI charges, you will be sentenced to a number of legal penalties that could hurt you, including but not limited to jail, probation, hefty fines, driver’s license suspension, ignition interlock, vehicle impound, public work service program, and a mark on your permanent record.

There is only way to protect yourself against these California drunk driving charges, and that is to hire a highly experienced and skilled San Diego DUI attorney.

With the help of a truly knowledgeable DUI lawyer will you have any chance of getting an excellent result. At San Diego County DUI Law Center, California DUI Attorney Specialist Rick Mueller will explain your rights. He has 25 years of experience defending countless clients throughout San Diego and California who have been charged with DUI.

California DUI Law

It is illegal to operate a vehicle in California if your blood alcohol concentration (BAC) reaches or exceeds .08%. For drivers under the age of 21, it is illegal to drive with any detectable amount of alcohol in your system. If a police officer pulls you over and discovers that you have been drinking and driving, and that your BAC is .08% or .01% or higher respectively, he or she will arrest you and book you on DUI charges. At this time, the most important thing you can do is contact San Diego County DUI Law Center's California DUI Attorney Specialist Rick Mueller as soon as possible. The police officer and prosecutors handling your case have already begun collecting evidence and building their case against you.

By contacting San Diego County DUI Law Center's California DUI Attorney Specialist Rick Mueller as soon as you are released from police custody, he can review your case and immediately begin to develop a gripping and convincing defense that challenges the prosecution’s case.

San Diego County DUI Law Center's California DUI Attorney Specialist Rick Mueller is committed to providing superior DUI defense to folks requiring court and DMV representation throughout San Diego.

Monday, September 21, 2009

How to get a copy of your Driving Record

California DUI criminal defense attorneys are often asked how to get one's driving record from DMV.

Your DMV record is available to you during normal working hours. You may obtain a copy of your California driving license/identification card and/or vehicle/vessel registration information by:

•Visiting your local DMV office (make an appointment for
faster service)

•Completing a Request for Driver Record Information form
INF 1125

•Showing identification

•Paying the $5 fee
If going into a local field office is not convenient for you or you are out of state, you may request your record by mail. Complete the INF 1125 form available on this web site or prepare a written request, including your name, date of birth, social security number, California driver license number, and your signature, along with a check or money order for $5, and mail to:

Department of Motor Vehicles
Office of Information Services
Public Operations Unit G199
P. O. BOX 944247
Sacramento, California 94244-2470

DMV can also provide you a copy of your spouse or minor children's record as long as they are living at the same address. The INF 70D/70R Request for Driver License/Identification Card or the Request for Vehicle/Vessel Registration form must be completed and submitted with the appropriate fee (provided on the form) for each request.

If a spouse or child is not living at the same address, please see "How to get a copy of someone else's driver license, ID card, vehicle or vessel record?"

The information above is provided courtesy of the California Department of Motor Vehicles.

Thursday, September 17, 2009

"Goldfish Races" for a good time in San Diego - hit Pacific Beach. Be careful, though, apx.80% of San Diego DUI California arrests are in PB

If you are young and looking for a good time in San Diego, you hit Pacific Beach. Be careful, though, as high as 80% of San Diego DUI arrests originate from the PB area, say San Diego California DUI criminal defense lawyers.

There's lots of fun things to do and fun games as well:
Goldfish races

At 9 p.m. on Wednesdays at the Pacific Beach Shore Club, 4343 Ocean Blvd, San Diego, win a chance for a $80 bar tab at a beer garden-style picnic table which serves as the platform for the Goldfish races track. You'll see a pair of 5-foot Plexiglas boxes filled with two inches of water.

The rules are simple: Pay the $5 entry fee, pick whichever seems to be the fittest fish from the tank in the corner, give it some vulgar, nonsensical name, grab a twisty straw and get ready to blow.

Since goldfish aren't exactly in a rush to get anywhere, chase them with a strong, steady current of air, however, and they transform into speed demons. The grand winner walks with the free bar tab.

As entertaining as the races are the particular variety of 20-somethings that fill the bar, who assume bathing their fish in Red Bull beforehand ups their chances of crossing the finish line first.

And don't forget beer pong on Mondays. And don't forget a designated decoy or driver on the way out, or risk a California drunk driving stop.

Wednesday, September 16, 2009

Do you have an out-of-state license (that the California DUI cop should not take?

California DUI arrest? Do you have an out-of-state license (that the drunk driving arresting officer was not supposed to snatch)?

Was a pink California DMV Administrative Per Se Suspension/Revocation Order and Temporary Driver License given to you (as required by law)?

This is what you need to know in California:

The Interstate Compact is a multi-state agreement between participating states to share information and reciprocate. It covers California license suspension actions and California DUI convictions.

Depending on previous California DUI offenses or refusals, licenses may be automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DWI convictions (Connecticut).

If a resident of one state or holder of an out-of-state license has his or her driving privilege suspended by California DMV or gets convicted of DUI in California, the driver's home state can be notified. Your home or issuing state may honor & reciprocate - take action to suspend your resident's driver's license.

Just because you do not have a California driver's license and even if you do not plan to ever drive again in California, it is critical to know that a suspension of your driving privilege in California may result in a suspension of your home state driver's license.

No matter where you live, you obviously want to avoid, if not at least minimize, any driver's license suspension action by the California Department of Motor Vehicle (DMV). For this reason, you may need to consider diligently retaining a California DUI - DMV Attorney Specialist.

Tuesday, September 15, 2009

Bar Customer who blows the highest blood-alcohol content wins free entry to the next week's event!

How would like to win a free round of Newcastle ale for blowing the highest blood alcohol level in California? A bar in England is using the breath test machine to make sure its customers go home properly toasted.

If patrons at "The Attic" in Newcastle are still legal to drive when they breathe into a tube at last call, they will be refunded their tab, because, as the club's promoters state, "We've failed in our mission." As an added bonus, the person who blows the highest blood-alcohol content wins free entry to the next week's event.

Problem is, if the city of Newcastle has its way, there won't be a "next week." "This is not the type of event the local authority will tolerate," declared Newcastle's silly head of public health, who coincidentally objects to the bar selling mixed drinks for under a dollar. Come on! Please don't come down hard on the blessing of cheap drinks.

Monday, September 14, 2009

California Medical Marijuana Prosecutions out of Control - Check out letter to San Diego District Attorney

Here's a sound-off letter to San Diego District Attorney about the way in which medical marijuana is unfairly prosecuted and handled in San Diego, California!

AMERICAN MEDICAL MARIJUANA ASSOCIATION

1017 Portola Drive, San Francisco, CA 94127

http://www.americanmarijuana.org/

September 12, 2009

Bonnie M. Dumanis

San Diego District Attorney

330 W. Broadway, San Diego
CA 92101
619-531-4040

FAX: 619-237-1351

Dear District Attorney Bonnie M. Dumanis,

Everyone is entitled to their own opinion about medical marijuana. However they are not entitled to their own facts. As someone who played a key role in the Prop. 215 campaign, I must correct several false and misleading statements issued by you recently.

Ms. Dumanis, we want to look up to our District Attorneys and believe what they tell us. When opinions are being passed off as facts on an official DA website, such actions are viewed as a direct threat to public health and safety by the patients, physicians, nurses, lawyers, and scientists who support The American Medical Marijuana Association (AMMA).

For example, you insist on misquoting Prop. 215, with respect to Caregivers. What the Compassionate Use Act actually says is health “OR” safety, not “AND” safety yet you continue to create a strawman argument, based upon this misrepresentation. Furthermore, you use this phony standard to raid and arrest collective members which is completely unreleated.

Another example you have repeatedly asserted, “The pro-medicinal argument is reserved for SERIOUSLY ILL patients.” Then, you criticized those who use it for anything less serious than Cancer or AIDS, telling the public, “This isn’t what the voters voted for.”

Actually, that is exactly what the voters were told would happen if they voted “YES” for Prop. 215. If you refer to the official Analysis of Proposition 215 by the Legislative Analyst, the voters were told, “No prescriptions or other record-keeping is required by the measure.”

In addition, the voters were reminded by the Legislative Analyst that this initiative also covered, “any other illness for which marijuana provides relief.”

(Source: http://vote96.sos.ca.gov/BP/215analysis.htm)

In the ballot Argument Against Prop. 215, James P. Fox, President, California District Attorneys Association solemnly warned voters that if Prop. 215 passed, it would “legalize marijuana”:

“This initiative allows unlimited quantities of marijuana to be grown anywhere … in backyards or near schoolyards without any regulation or restrictions. This is not responsible medicine. It is marijuana legalization.”

(Source: http://vote96.sos.ca.gov/BP/215noarg.htm)

The fact is that when the People of California wrote and passed Proposition 215, the Compassionate Use Act, it was intended to fully exempt patients from criminal prosecution.

Attorney General Dan Lungren even said so when he wrote his official Title and Summary to Prop. 215 and told the voters in their 1996 Voter’s Handbook:

“Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana.”

(Source: http://vote96.sos.ca.gov/BP/215.htm)

Nowhere in the official Title and Summary or in the text of the Compassionate Use Act does it say anything about an affirmative defense or any limits or restrictions.

It was Lungren who fraudulently changed his official Attorney General’s interpretation after the election from, ”Exempts patients and defined caregivers” to his personal, “narrow interpretation” which told law enforcement they could go ahead and arrest anyone who had “too much for personal use.”

Lungren also immediately called a statewide “All-Zones Meeting” to discuss and coordinate how police could gut Proposition 215 and ignore the new law. The gist of his “narrow interpretation” was relayed to law enforcement officers throughout California by their professional associations and through official channels.

Lungren also met with and coordinated his attack on the CUA with federal officials. Finally, in the action plan he released on December 30, 1996, ONDCP “Drug Czar” Barry McCaffrey made Lungren’s policy explicit:

“State and local law enforcement officials will be encouraged to continue to execute state law to the fullest extent by having officers continue to make arrests and seizures under state law, leaving defendants to raise the medical-use provisions of the proposition only as a defense to state prosecution.”

The affirmative defense strategy allowed opponents of medical marijuana to achieve what they couldn’t on election day — a fraudulent interpretation that allowed LEOs to continue arresting and charging people as if Proposition 215 had never passed.

Regretably you have repeatedly and falsely stated you opinion that:“Federal law supersedes state law.” However, the fact is that the court has ruled against arguments that police are generally charged with enforcing “the law of the land,” including federal laws. Here is what the 4th District Court of Appeals had to say about this matter:

We appreciate these considerations and understand police officers at all levels of government have an interest in the interdiction of illegal drugs,” Bedsworth wrote. “But it must be remembered it is not the job of the local police to enforce the federal drug laws as such.”

By complying with the court order to return Kha’s pot, Bedsworth added, Garden Grove officers “will actually be facilitating a primary principle of federalism, which is to allow the states to innovate in areas bearing on the health and well-being of their citizens.”

“The upshot of Raich is that the federal government and its agencies have the authority to enforce the federal drug laws, even in a state like California that has sanctioned the use of marijuana for medicinal purposes. However, we do not read Raich as extending beyond this particular point, into the realm of preemption. The Raich court merely examined the validity of the CSA under the Commerce Clause; it did not go further and examine the relationship between the CSA and the CUA…Raich “neither declared (the CUA) invalid on preemption or any other grounds nor gave any indication that California officials must assist in the enforcement of the CSA.”].) Consequently, the high court’s decision did not sound the death knell of the CUA in state court proceedings. (Cf. People v. Wright, supra, 40 Cal.4th at p. 89, fn. 5 [noting the parties in that case both agreed Raich is not implicated in deciding “the applicability of the CUA to state criminal charges”].)9

The fact is, “the structure and limitations of federalism . . . allow the States ‘“great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons.”’ [Citation.]” (Gonzales v. Oregon)

This decision was challenged by varous law enforcement organizations who brought the matter before the California Supreme Court which refused to hear the case. LEO’s then appealed to the US Supreme Court, which also refused to hear the case, upholding this California decision as the law of the land.

Statements that federal law supersedes state law, also places you, and every other state official who uses this bogus argument to attempt to nullify the will of the People of California in direct conflict with our California Constitution, the highest law in our state.

According to the California Constitution such actions are clearly prohibited. Under Article 3, Section 3.5 (c):

“An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: “To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.”

(Source: http://www.leginfo.ca.gov/.const/.article_3)

The US Supreme Court has had three opportunities to declare the Compassionate Use Act unconstitutional yet they have not only refused to do so their legal decisions have clearly upheld that the People of California had every right to pass and enforce the CUA as a state law.

One more fact that everyone must understand about the Compassionate Use Act: The California Constitution also requires that any changes to a voter initiative must be submitted to the voters of the state and approved by them. Thus, no Board of Supervisors, nor Sheriff, nor District Attorney, nor San Diego District Attorney, nor Legislature, nor Attorney General, nor Governor has the legal right to change the state’s medical marijuana law. Only the voters can change or modify this law.

Sick, disabled and dying patients throughout San Diego county are still being raided by SWAT teams, arrested, jailed, humiliated, treated like criminals, bankrupted, children abducted by CPS and made even sicker, because of those who are still deliberately opposing this law thirteen years after the People of California voted to exempt patients and caregivers from criminal penalties and sanctions.

It is time to separate opinion from fact and uphold the Compassionate Use Act as it was written and passed by the People of California.

District Attorney Dumanis, the lives of sick, disabled and dying patients are in the hands of dedicated and otherwise well-intentioned public officials like yourself. Those who read your words on an official DA website need to hear directly from you that the information you gave them was wrong and is actually part of an carefully crafted plan hatched by Attorney General Dan Lungren, under color of law, to subvert a law that prosecutors don’t like.

We hope you will do the right thing and publish a retraction to your unfortunate and harmful statements.

Let freedom grow,

Steve Kubby

AMMA Executive Director

Sunday, September 13, 2009

DUI Attorney publishes new article about how to attack California breath testing

NewsWire Flash! California DUI criminal defense attorney Rick Mueller published a new article today about the keys to attack a breath test for DMV purposes.

Many times an officer does not continuously observe someone arrested for DUI for a full 15 minutes prior to blowing in the breath test machine. This California Drunk Driving Lawyer article shows what the cop must do and how you can beat the cop's failure to do so!!

Saturday, September 12, 2009

California DMV has proof problems under the statutes - elements of the probation violation must fail under present California DUI laws

Over 21 California DUI License Suspension Actions should be set aside under present .01% probation violation legislation

Although the Legislature amended CVC 13353.2(a), operative January 1, 2009, to include CVC § 23154 violators, it neglected to amend CVC 13557(b)(2)( A) and (B) to include CVC § 23154. bench, .01% or higher BAC actions in CVC § 23154 cases should be set aside in all contested cases DMV if the person is over 21 years of age. For those probationers who refuse the roadside testing: The Legislature neglected to amend CVC § 13353.1(d)(1) to include CVC § 23154 violations. Hence, in order to uphold a one, two, or three year suspension based on a refusal to submit to testing under CVC § 23154, the DMV must prove the probationer violated CVC 23136 (cop had reasonable cause to believe person was under 21 and driving with a .01 or higher). Again, unless the Legislature amends, it shouldn't stick.

California DMV has proof problems under the statutes. The elements of the probation violation must fail under present law.

Again, unless the Legislature amends this statute or the courts legislate from the bench, contested refusal actions in CVC § 23154 cases should be set aside in all DMV contested cases where the person is over 21 years of age. After all, CVC 13558(c)(1) specifically states that the only issues for APS refusal hearings are set forth in CVC 13557(b)(1), which requires proof that the cop had reasonable cause to believe there was a violation of either 23136, 23140, 23152, or 23153 (23154 is not listed!). If the Legislature had properly drafted the laws, the elements for a violation of 23154 would be: 1. the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, 2. the person had consumed an alcoholic beverage, 3. the person was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

California DUI Attorney Specialist Rick Mueller is a Superb-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with experience since 1983. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending these cases. DUI Specialist Rick Mueller is the only DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years. Rick is known as the "DMV Guru". On August 1, 2009, Rick lectured about "Attacking & Defending DUI Cases" at the Mexican American Bar Association's Annual DUI Seminar at Loyola Law School, Los Angeles. On September 27, 2008, Rick lectured at the California Attorneys for Criminal Justice DUI - DMV Seminar . On March 28, 2008, Rick spoke at Strategies in Handling DUI Cases in California. Rick is the Editorial Consultant for California Drunk Driving Law, the most comprehensive reference book for California DUI law. The book features much of Rick's hard work. California Drunk Driving Law is recognized by thousands of California attorneys and judges as "The Bible of Drunk Driving Defense". Rick is a Specialist Member of the California DUI Lawyers Association (CDLA). Rick is a very active San Diego member of the National College for DUI Defense (1997 Winter Session Graduate; 2001 Winter Session Graduate; 2004 Winter Session Graduate; 2006 Winter Session Graduate; 2007 Winter Session Graduate; 2008 Winter Session Graduate; 2009 Winter Session).

Friday, September 11, 2009

Attorneys who specialize in DUI criminal defense believe the police incentives and bias to "arrest" have never been greater

100 California DUI cops attended an awards ceremony yesterday where California drunk driving officers from various police agencies in the Imperial Valley were honored for their efforts in arresting people suspected of a California DUI. That's arrested, NOT convicted, of a DUI in California.

Attorneys who specialize in DUI criminal defense believe the police incentives and bias to "arrest" have never been greater. There's lots of money in this California DUI arrest business to make overtime-seeking police very happy if not rich!!

California DUI officers from Brawley, Calexico, El Centro, Imperial, the California Highway Patrol and Imperial County Probation Department were praised for arresting California DUI motorists.

The California DUIawards luncheon was hosted by the Calexico Police Department and held at the Calexico Cultural Arts Center in Heffernan Avenue. The California DUI awards were part of the AVOID anti-DUI program.

The California DUI AVOID program was launched in the winter of 1973 and sought to bring law enforcement agencies together in countywide clusters in an effort to combat drunken driving, according to the California AVOID Web site.

California DUI funding is provided by grants from the state California Office of Traffic Safety through the Business, Transportation and Housing Agency. The California DUI awards are a way of expressing gratitude to the California DUIofficers who go the extra mile in making sure that DUI motorists are taken in.

California DUI officers set to earn big bucks from this year’s AVOID the 10 Imperial County DUI Campaign luncheon at the Calexico Cultural Arts Center include:

BRAWLEY POLICE DEPARTMENT

- Officer Manuel Ceja

- Officer Victor Flores

- Officer Ruben Lopez

CALIFORNIA HIGHWAY PATROL

- Officer Alex Torrez

- Officer Gilbert Caldera

- Officer Juan Arroyo

- Officer Cuauhtemoc Beltran

- Officer Kevin Biagi

EL CENTRO POLICE DEPARTMENT

- Officer Adrian Chilpa

IMPERIAL POLICE DEPARTMENT

- Cpl. Albert Valenzuela

IMPERIAL COUNTY PROBATION DEPARTMENT

- Officer Silver Espinoza

- Officer Armando Padilla

If you would like criminal defense lawyer help with your California DUI, click "here."

Thursday, September 10, 2009

Click here to see California DUI Lawyers Association Specialist Rick Mueller in action on the video

Click here to see California DUI Lawyers Association Specialist Rick Mueller in action on the video as the San Diego California DUI lawyer known as the "DMV Guru".

Independently rated by his peers and clients as "Superb", Rick is one of the top San Diego DUI Lawyers. Rick has been practicing drunk driving defense law since 1983. He received his Juris Doctor degree from Chicago Kent College of Law and is also a licensed attorney in Illinois.

Rick is the only San Diego DUI criminal defense attorney who was the featured Speaker at seven DUI / DMV seminars in San Diego County in recent years. Rick was selected by Attorney of the Year Felipe "Mad Dog" Plascencia to lecture at the 2009 Mexican American Bar Association's Annual DUI Seminar "Attacking & Defending DUI Cases" held at Loyola Law School in Los Angeles. At the request of California DUI Lawyers Association President Vincent Tucci, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI Seminar.

Wednesday, September 9, 2009

Partial Lack of Significance of Miranda Rights in DUI cases in California

California DUI attorneys are often asked about "Miranda Rights." "Why didn't the cop advise me of my rights?"

The advisal or Miranda Rights admonition is usually voluntary in California DUI cases and not usually given, for the following reasons:

During the investigative stage, the California officer has no obligation to advise one of the person of Miranda rights (to an attorney, to remain silent).

In California DUI cases, the officer asks all the questions before arresting (handcuffing), thereby avoiding the issue of having to advise. The person does not have to answer any questions but the person usually does.

Not until handcuffed is the need for the Admonition triggered.

And by that time, the officer normally has all the answers to all the questions needed to arrest for Driving under the influence of alcohol.

After that, the officer abstains from questioning during custody.

It is not like the officer takes the person downtown and puts them under a hot light: Did you commit a California DUI?

And in California DUI cases, the person has no right to speak to an attorney before deciding whether to take the required breath or blood test (it's called the "implied consent" law when one signs up for one's license).

In sum, the right to remain silent and the right to an attorney are substantially different in a California DUI case.

Caveat: Nonetheless, any interrogating statements made after taken into custody (e.g. in the police car: Were you drunk? Yes I was very drunk) may not be used against the person at trial and are subject to suppression for failure to admonish.

California DUI lawyers can sometimes exclude statements.

Tuesday, September 8, 2009

Initial Costs of a DUI - is it worth it?

Look at what initial bail & towing damage a DUI can do to your wallet:

Bail. You'll have to shell out bail to get released after your California DUI arrest. Cost: $150-$2,500 (using a bonding company usually raises the cost).

Costs shown in this twit are for first-time California DUI arrestees. Costs and California DUI penalties are often more severe if you're a repeat offender and/or have aggravating factors like a child in the car, excessive speeding, refusal, your blood-alcohol content is above 0.15%, etc.

Towing. When you're arrested for a DUI in California, your car gets towed. In some places, retrieving it costs alot more than other places.
Cost: $100-$1,200.

DUI attorney defense fees, fines, alcohol program, court penalties, higher insurance, and/or license reinstatement fees are additional costs you will likely deal with.

Monday, September 7, 2009

San Diego Charger Superstar Shawne Merriman,"Lights Out" is a Hero, stops a potential "Tequila" DUI driver from going on California roads

A Hero saves lives! That is what San Diego Charger Star Shawne Merriman may have done this weekend when he stopped a potential "Tequila" DUI driver from attempting to get on California roads.

Perhaps thanks partly to Shawne Merriman, no one died on San Diego County roadways during the first 36 hours of the Labor Day holiday weekend. There were 60 San Diego California DUI arrests, compared to 72 in 2008. 923 people were arrested for San Diego DUI, compared to 1,069 in 2008.

The case involves Tila Tequila. Hero San Diego Charger Shawne Merriman and his superb lawyer maintain he kept her from driving under the influence. He in effect stopped a San Diego California DUI from happening, possibly saving a life. “I was trying to help her, not hurt her,” Merriman pointed out. “I'm still glad I did what I did.”

San Diego County DUI deputies responded to a disturbance call at Merriman's home near Sage Crest and Oak Knoll drives in Poway California about 3:45 a.m. Tequila told deputies she had been choked and physically restrained by "Lights Out" when she tried to leave. She requested an ambulance and was treated at Poway's Pomerado Hospital. Tequila wasn't seriously hurt. She was able to talk and walk. She signed a citizen's arrest complaint charging Merriman with battery and false imprisonment. Both are potential felonies.

"Lights Out"'s astute attorney pointed out Tequila was “extremely intoxicated”, Merriman tried to get a ride for her. “At no time did Mr. Merriman assault her; at no time did Mr. Merriman keep her against her will,” the reputable lawyer emphasized.

Merriman and Tequila were partying at the Stingaree, a hot Gaslamp Quarter club, Saturday night. The club issued a statement, saying the couple had joined friends there for a birthday celebration. They stayed until closing. When the cops later came to Merriman's house, Tequila acknowledged she had been drinking and appeared intoxicated. Merriman had just 1 cocktail that night, at Stingaree. Even though Tequila was allegedly restrained by Merriman, she was able to get to a phone and call 911.

6 people were arrested for public intoxication in San Diego after Floatopia while avoiding the beach alcohol ban by floating in the Sail Bay section of Mission Bay while consuming beer and the like a la Internet messages on Facebook and Twitter.

If you need help with a San Diego California DUI, there's plenty of criminal defense attorney options.

Sunday, September 6, 2009

California DUI attorney challenges drunk driving law enforcement, helping you avoid a DUI arrest!!


California DUI attorneys challenge drunk driving arrests! The lesson in this story will work and you can avoid hiring a California DUI lawyer!

This tale is from the state where drunk driving is considered a sport, comes a true story. Please don't be charged with a DUI in California. The possible penalties aren't worth it.

The easy, guaranteed & fun way to avoid a California drunk driving charge

Outside a local pub, Police noticed a man leaving so intoxicated that he could barely walk. The man stumbled around for a few minutes, with Police observing. After what seemed an eternity and trying his keys on five vehicles, the man fell into his car. He was there for a few minutes as a number of other patrons left the bar and drove off. He started the car, switched the wipers on and off (it was a fine dry night), flicked the indicators on, then off, tooted the horn and then switched on the lights. He moved the vehicle forward, reversed a little and then remained stationary for a few more minutes as some more vehicles left. At last he pulled out of the car park and started to drive slowly down the road. The Police put on the flashing lights, promptly pulled the man over. To his amazement the Breathalyzer indicated no alcohol! Police says: "I'll have to ask you to accompany me to the station, this Breathalyzer must be broken." "No, tonight I'm the designated decoy".

If the Designated Decoy can't work for you, follow these tips or use these defenses.

On August 1 2009, Rick lectured at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School, Los Angeles California

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On August 1 2009, Rick lectured at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar.

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Saturday, September 5, 2009

California DUI criminal defense attorneys can prove that people often drive after drinking

California DUI criminal defense attorneys can prove that people often drive right after drinking, a notion which supports a rising blood alcohol level defense. California drunk driving criminal defense lawyers can use this study to establish one's BAC is lower at the time of driving than what it is at the time of the test.

California DUI criminal defense attorneys represent ordinary people who obviously drink alcohol right before driving. A "rising blood alcohol defense" is completely legitimate. It's simply a valid California drunk driving criminal defense lawyer defense. California DUI prosecutors often "guess" one's BAC so science must be used to explain what really happened with one's level at time of driving vs. time of test.

1 in ten folks who binge drinks gets behind the wheel of a car during or just after their binge. Of those who binge and drive afterward, more than half had consumed their liquor in a bar, restaurant or club.

A study appearing online and in the October issue of the American Journal of Preventive Medicine shows that researchers from the Centers for Disease Control and Prevention looked at data from a CDC telephone survey conducted in 2003 and 2004. More than 14,000 adults reported having more than five drinks during a single drinking session — the definition of a binge — in the previous 30 days.

The study ties drinking patterns to subsequent driving explicitly. “People think of impaired driving as a driving problem when it is as much a drinking problem as a driving problem,” said Naimi, M.D., a physician with the CDC’s Alcohol Team.

“Drinking in bars and clubs is a huge independent factor in binge drinking and subsequent driving,” said lead study author Timothy Naimi, M.D. “This study marks a failure of public health in the U.S., and one that is notable for the lack of will and resources devoted to enforcing even existing laws and alcohol control policies.”

Forty-eight states have laws preventing the sale of more alcohol to someone who obviously is intoxicated, Naimi said. Yet the respondents had an average of eight drinks at a time; more than a quarter had 10 or more.

“Many of these folks were demonstrably hammered, yet got served more alcohol — at a terrible cost to society,” he said. “This study highlights alcohol-service activity that is clearly irresponsible and that places law-abiding establishments at a competitive disadvantage.”

“This study confirms what others would have predicted, but in a much stronger way than ever before,” said David Jernigan, Ph.D., an associate professor at the Bloomberg School of Public Health at Johns Hopkins University. All states should have strong laws making a licensed establishment that serves liquor to obviously intoxicated patrons liable for their subsequent actions, he said, but not all do. Bartenders and waiters must undergo training to spot intoxication, he added.

Source: Naimi TS, Nelson TD, Brewer RD. Driving after binge drinking. Am J Prev Med 37(4), 2009.

If you believe your California DUI test shows a number not necessarily consistent with your BAC at time of driving under Califoornia drunk driving law, consider an online Survey.

Friday, September 4, 2009

Urgent! California DUI criminal attorneys warn of checkpoints throughout the state this weekend.

Urgent! California DUI criminal attorneys warn of checkpoints throughout the state this weekend.

San Jacinto PD will be conducting a DUI/Drivers License Checkpoint on Friday, September 4, 2009 targeting those who still don’t heed the message to designate a sober driver before their first drink is taken.

San Bernardino PD will be conducting a DUI/Drivers License Checkpoint on Friday, September 4, 2009 in the 300 block of W. Baseline Street, in San Bernardino.

Salinas Police Department said two extra units will be patrolling the city, looking specifically for drunken drivers. Tonight, from 6 to 11, officers will set up a DUI-and-license checkpoint, police said.

There will be a DUI checkpoint Friday night at an undisclosed location in Oakland.

South Bureau Sobriety Checkpoint

What:Sobriety & License Checkpoint

When: Sunday, September 6, 2009 - 3:00 p.m. to 10:00 p.m.

Where: Harbor Boulevard and 1st Street

Who: Emergency Operations Division

The Yolo County's DUI task force "AVOID the 8" will be conducting a Sobriety/Drivers License Checkpoint Friday night at 9 and continuing until the early morning hours Saturday.

Tracy police will set up a DUI checkpoint on Saturday, but won’t disclose when and where until the day before.

The La Quinta Police Traffic Services Team will be conducting a sobriety checkpoint in La Quinta on Sunday, September 6, 2009.

San Bernardino County Sheriff’s Department, Victorville City Station, announced today its officers will be out in full force during the Labor Day holiday period, which began on August 21.

The CHP's Central Division includes Bakersfield to the south and Modesto to the north. Last year, there were 219 DUI arrests during the four day "Maximum Enforcement Period," down from 278 the previous year.

Thursday, September 3, 2009

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Wednesday, September 2, 2009

California DUI criminal defense attorneys are often asked about drunk driving

California DUI criminal defense attorneys are often asked about drunk driving laws in each state. There are fifty-one different sets of DUI laws, including the District of Columbia's. Every U.S. jurisdiction presently has a 0.08 percent blood alcohol content (BAC) limit for adults operating a motor vehicle but that could chanage (up or down) in the future (as it has in the past). The amount of alcohol that's safe to drink before driving really depends on how alcohol affects you. That will vary based on your age, weight, metabolism, (how your body breaks down alcohol), how much you've eaten, and the type of alcohol you've consumed. If you drive with a BAC above 0.08 percent, you are considered in violation of the law and subject to punishments such as loss of driving privileges, fines, and jail time.

California zero tolerance laws say that since it is illegal for anyone under age 21 to drink alcoholic beverages, alcohol is an illegal drug for any person under the age of 21. All U.S. states have a zero tolerance policy and DUI laws to match, with a limit of 0.00-0.02 percent, depending on the state.

Drivers under age 21 in many states are in violation of the law even if they have a BAC as low as 0.01 percent. A driver under age 21 who is arrested for DUI and has a reading of 0.02 percent or more will be charged with DUI-alcohol per se (as a matter of law). Some states have even extended the loss of driving privileges to any underage passengers riding in a motor vehicle driven by an underage driver who is under the influence of an impairing substance.

Driver's License administrative actions & Administrative License Revocation (ALR) laws, also called DMV hearings & Administrative License Suspension (ALS) laws are state actions to suspend or revoke a suspected DUI person's license even before the case is resolved in court on the charges of DUI.

As of 2008, forty-one states and the District of Columbia adopted some form of administrative license revocation (or suspension) laws. States that currently do not have any form of ALR/ALS laws are Kentucky, Michigan, Montana, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota, and Tennessee.

In states with ALR/ALS laws, DUI detainees who refuse to give blood, breath, or urine samples, as well as anyone who submits to the testing and exceeds the legal limit, will suffer some sort of additional administrative legal action against his or her driving privileges.

If you need help by a California DUI criminal defense lawyer, visit this free Evaluation form site.

Tuesday, September 1, 2009

DUI criminal defense attorneys are presently worried about the fires & Chief in California now

DUI criminal defense attorneys are presently worried about the fires in California now. Drunk Driving criminal defense lawyers are wondering about California's Fire Chief.

California Fire Chief Del Walters was pulled over on Highway 70 near Camp Layman for speeding. He allegedly failed subjective & scientifically-flawed California DUI field sobriety tests. He ultimately faces a California drunk driving arrest.

California Department of Forestry and Fire Protection put the chief on a one hundred and twenty day suspension.

"To all Californians, I fully acknowledge that this incident contradicts my entire professional career dedicated to public safety. For that, I offer my apology and my word that I will tirelessly work to regain your trust and continue my dedication to protecting safety for all Californians" says the Chief.

CHP DUI officers caution that the chief's blood test results have not been determined yet. If the test was performed properly and there was no contamination or fermentation, his BAC may have a large impact on any California DUI sentencing, according to drunk driving crimnal defense attorneys.

Some California DUI attorneys wonder how to avoid the license suspension. A fire chief would alternatively need to seek a restricted license for work purposes.

If you need help with a dui in california, try this free survey.