Sunday, November 29, 2009

Tiger: A Lesson in How to "Lawyer-up" if facing a California DUI/Hit & Run/Driving on a Suspended License

Only give license, registration & insurance. Been saying it for 25 years. Today Tiger Woods wisely told his side of the story on his Web site, not to police.

His statement failed to clear up any questions about the middle-of-the-night accident outside his Isleworth estate in which his wife told police she used a golf club to smash the back windows of the Cadillac SUV to help him out.

“This situation is my fault, and it’s obviously embarrassing to my family and me,” Woods said on his Web site. “I’m human and I’m not perfect. I will certainly make sure this doesn’t happen again.”

The unilateral statement was posted around 2 p.m. Sunday, about an hour after Woods’ attorney told the Florida Highway Patrol that for the third straight day golf’s No. 1 player would be unavailable to talk to troopers. The meeting was not rescheduled.

FHP said troopers went to Woods’ $2.4 million estate anyway, only for defense attorney Mark NeJame to turn them away. The attorney gave troopers Woods’ driver’s license, registration and insurance as required by law for such accidents.

Woods said the accident was a private matter (on private property), and he intended to keep it that way.

“Although I understand there is curiosity, the many false, unfounded and malicious rumors that are currently circulating about my family and me are irresponsible,” he said. “The only person responsible for the accident is me. My wife, Elin, acted courageously when she saw I was hurt and in trouble. She was the first person to help me. Any other assertion is absolutely false.”

Even with his first public comments on the accident, Woods left several questions (which he does not have to answer):

— Where was he was going at 2:25 a.m.?

— How did he lose control of his SUV at such a speed that the air bags didn’t deploy?

— Why were both rear windows of the Cadillac Escalade smashed?

— If it was a careless mistake, why not speak to state troopers trying to wrap the investigation? (Because he has the right not to.)

“We have been informed by the Florida Highway Patrol that further discussion with them is both voluntary and optional,” Mark Steinberg, his agent at IMG, said in an e-mail. “Although Tiger realizes that there is a great deal of public curiosity, it has been conveyed to FHP that he simply has nothing more to add and wishes to protect the privacy of his family.”

Woods’ wife turned troopers away from their home in the exclusive gated community outside Orlando on Friday, the day of the accident, because she said he was sleeping. Steinberg called troopers en route to Woods’ house on Saturday and postponed the meeting until Sunday.

“We’re just continuing our traffic crash investigation,” Montes said. “If we have somebody who we feel is pertinent to the investigation, then we will interview them.”

She said the 911 caller was interviewed Saturday, and investigators might speak with other people who were at the scene as well.

The FHP released the 911 call from an unidentified neighbor on Sunday.

“I have a neighbor, he hit the tree. And we came out here just to see what was going on. I see him and he’s laying down,” the neighbor told dispatchers without ever identifying the victim as Woods.

Asked if the victim was unconscious, the neighbor replied, “Yes.”

Part of the call were inaudible because of a bad connection. At one point, the voice of a woman is heard yelling, “What happened!”

“We’re just trying to get the police here right now,” the neighbor says to the woman. “We don’t know what happened. We’re figuring that out right now. I’m on the phone with the police right now.”

According to the FHP accident report, Woods had just pulled out of his driveway when he struck a fire hydrant and then a tree. Woods said he had cuts, bruising and “right now I’m a little sore.”

Montes said the Woods’ car was towed for “safekeeping,” and authorities have already documented where the damage is on the vehicle and the point of impact.

The accident came two days after the National Enquirer published a story alleging that Woods had been seeing a New York night club hostess, and that they recently were together in Melbourne, where Woods competed in the Australian Masters.

The woman, Rachel Uchitel, denied having an affair with Woods. Uh, go away everyone.

Saturday, November 28, 2009

"Not Driving" Defenses if facing a California DUI

California Criminal Court "Driving" Defense Questions in DUI cases include:

1) Did California police officer actually observe the person driving the vehicle?
2) Does the officer have first-hand knowledge of the person driving?
3) Was the vehicle lawfully parked when the officer arrived on the scene?
4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving?
6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test?
7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established?
8) Was the warrantless DUI arrest lawful?

California Case Law often used by Superior Court Judges may vary from DUI case to DUI case.

A “slight movement” of the vehicle in the arresting officer’s presence must be shown, to constitute direct evidence that the vehicle was being driven. People v Wilson (1985) 176 CA3d Supp 1, 8, 222 CR 540. Moving the vehicle even a few inches constitutes "driving" the vehicle. Music v Department of Motor Vehicles (1990) 221 CA3d 841, 850, 270 CR 692. California Vehicle Code section 23152 (DUI)'s requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle. A misdemeanor arrest without a warrant is permissible only if a public offense occurs in the arresting officer's presence. Because the officer who arrested the driver did not see the driver's vehicle move, the driver was not lawfully arrested for a violation of Vehicle Code section 23152(a). Mercer v Department of Motor Vehicles (1991) 53 C3d 753, 762, 280 CR 745.

Elimination of other possible drivers. If other possible drivers have been eliminated from consideration, the defendant’s proximity to the vehicle is evidence from which a reasonable inference may be drawn that the defendant was the driver. In one case, a defendant who was found standing alone next to the vehicle after the accident and whose injuries were consistent with having sat in the driver’s seat was properly found to be the driver. e.g. People v Gapelu (1989) 216 CA3d 1006, 1009, 265 CR 94. But e.g. People v Moreno (1987) 188 CA3d 1179, 1186, 1190, 233 CR 863 (corpus delicti was not established when there was no evidence that defendant was driver and there were other people at scene who may have driven); People v Nelson (1983) 140 CA3d Supp 1, 3, 189 CR 845 (corpus delicti was not established because it was possible other individuals may have been driving).

Corpus delicti for a DUI offense was established in a case in which the officers found the vehicle parked on the side of the highway with a flat tire, the defendant was sitting in the passenger seat of the vehicle while her companion was changing the tire, they were the only individuals in the vicinity of the vehicle, and both were under the influence of alcohol. The prosecution was not required to establish who was driving as a condition precedent for the admissibility of the defendant’s statement that she was the driver. Once the prosecution established that a reasonable inference to be drawn from the evidence was that a person under the influence of alcohol drove the vehicle on the highway, it was entitled to use the defendant’s statement to establish that she was the driver. It was not required to eliminate all other inferences to establish the elements of the crime of DUI. People v McNorton (2001) 91 CA4th Supp 1, 5–6, 110 CR2d 930.

Thursday, November 26, 2009

Laugh at - and beat - California DUI police everytime: here's how!!

California DUI Lawyers can make you laugh or help you beat the California DUI officer and drunk driving charge over Thanksgiving Holiday weekend.

Q. What is one of the best things you California DUI drivers can do to help to stop California DUI Police from making so many California drunk driving arrests?

The answer comes from our lucky friends across the ocean.

From the State where drink driving is considered a sport, comes a true
story from Carrick-on-Suir Ireland.


Recently a routine Gardai patrol parked outside a local neighbourhood
tavern. Late in the evening the Garda noticed a man leaving the bar so
intoxicated that he could barely walk.


The man stumbled around the car park for a few minutes, with the Garda
quietly observing.


After what seemed an eternity and trying his keys on five vehicles, the man
managed to find his car which he fell into. He was there for a few minutes
as a number of other patrons left the bar and drove off.



Finally 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 a few cm, 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 Garda, having patiently waited all this time, now started up the patrol
car, put on the flashing lights, promptly pulled the man over and carried
out a Breathalyzer test.



To his amazement theBreathalyzer indicated no evidence of the man having
consumed alcohol at all!



Dumbfounded, the Garda said "I'll have to ask you to accompany me to the
Police station this Breathalyzer equipment must be broken."



"I doubt it," said the man, "tonight I'm the designated decoy".



True story...

California DUI Lawyer for the holiday:

San Diego DUI Lawyer

Tuesday, November 24, 2009

California DUI lawyer's defenses at a DMV hearing are specialized and technical, more so than in criminal court

California DUI / DMV hearings are 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, and rule on her or his own objection. Evidence consists 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 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.


California DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. 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 DUI judge to offer some protection, you are strongly advised not to try to represent yourself.


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

Sunday, November 22, 2009

Find the best San Diego DUI criminal defense lawyer, visit

here

You probably want the best San Diego DUI defense attorney available to defend your San Diego drunk driving case. A

Superb-rated

San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



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


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 spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.

Find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

.


You can read more -Why use San Diego County's Specialist in DUI and DMV Law now

.

Friday, November 20, 2009

Free California DUI Defense Survey

at this online DUI consultation site

DUI Defense Lawyer Specialist Rick Mueller is a

Top-rated

San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. The "DMV Guru" Rick Mueller devotes all of his law practice to aggressively defending those accused of DUI.



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 spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent.



Free California DUI Defense Survey

at this online DUI consultation site

to find out your best strategy & save license.



Video of San Diego DUI / DMV Attorney



San Diego DUI Blog

Thursday, November 19, 2009

Kerry's daughter only .06% but still arrested for DUI in California

Massachusetts senator / former presidential candidate John Kerry's oldest daughter, Alexandra Kerry, 36, was arrested in Hollywood for DUI. Kerry was stopped by California DUI police and arrested at 12:40 AM this morning, after allegedly failing a DUI sobriety test. She was originally pulled over for a traffic violation. She was booked & held for 5 hours before being released on $5,000 bail.

Kerry only had a blood alcohol level of .06. California's legal limit is .08, but Kerry could still be prosecuted for being under the influence of alcohol and/or drugs.

A California DUI is one the most defended criminal cases by California criminal defense lawyers in California courts. The accused has a lot to lose if convicted. DUIs are extremely costly in terms of fines, court-imposed fees, insurance rates, ignition interlock devices, vehicle impounds, public work service, alcohol programs, and jail. A big reason people hire California DUI criminal defense attorneys to fight their California Drunk Driving charges is fear of losing their license.

California DUI police officers don’t always just depend just on numbers from a breath sample to decide if someone is impaired. Unsteady gait, distinctly slurred speech, misunderstanding comprehensible directions, unexplained difficulty with basic motor skills and the manner of driving are possible characteristics that may say more about someone’s possible impairment than numbers on a machine.

California DUI laws and issues are extremely complex.

California Drunk Driving Criminal Defense Lawyers often have to deal with prosecution experts who try to claim that people can be impaired at .05.

Wednesday, November 18, 2009

San Diego County DUI Law Center if arrested for a San Diego California DUI

San Diego County DUI Law Center if arrested for a San Diego California DUI - vigorous assistance by DUI Attorney Rick Mueller, a Superb-Rated San Diego Drunk Driving Lawyer. Rick recently 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 also spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.

Start here - complete

Free Survey

for your best San Diego DUI defense attorney strategy and to vigorously protect your important license.



Here's one prominent California DUI Criminal Defense Attorney:

California DUI Attorney


San Diego Drunk Driving Blog

Monday, November 16, 2009

Within 10 days of being arrested of a California DUI: contact a DUI Lawyer who can help!

Within 10 days of being arrested of a California DUI: contact a DUI Lawyer who can help!

California DUI Attorney


Video of California DUI / DMV Attorney



10. If you need to save your driver's license or privileges, your California DUI criminal defense attorney has only ten (10) calendar days to contact DMV!



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



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



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



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



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



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



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



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

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



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



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



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



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




Sunday, November 15, 2009

If you have been arrested or cited for a DUI or drunk driving offense that occurred in the California area, you need the best San Diego DUI attorney

If you have been arrested or cited for a DUI or drunk driving offense that occurred in the California area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case. A

Superb-rated

San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. A premier San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases.
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 spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.
To find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

.


You can read more -Why use San Diego County's Specialist in DUI and DMV Law now

.


Try a Free California DUI Evaluation

at this online DUI consultation site

.

If you need to save your driver's license or privileges, your attorney has only ten (10) calendar days to contact DMV!

Video of San Diego DUI / DMV Attorney

Saturday, November 14, 2009

The History of Drunk Driving in California

DUI laws began by criminalizing "impaired" driving. California DUI Prosecutors had to show the California driver was impaired or "drunk" when driving. California DUIs were later called "Deuces" or "502's," named after its California code section number.

After researchers developed predictive models which correlated BAC levels with varying degrees of deterioration impairment of driving-related skills, California DUI legislation making presumptions of DUI impairment relative to BAC was enacted. California DUI per se law was born.

Calculating BACs from drinks consumed, or back-calculating BACs to the time of driving became important in some California DUI cases. Impairment proved to be an inconvenient concept to prosecute California DUIs so they defined a California DUI offense by prohibiting a BAC in order to simplify prosecutions. California DUI per se law was established at .10% (later reduced to .08%).

This per se California Drunk Driving statute, now Vehicle Code Section 23152(b), was intended to remove entirely the idea of impairment by alcohol, substituting the BAC alone for any evidence regarding impairment of driving ability, thus focusing the attention on California BAC results as the "per se" proof of the offense.

California Vehicle Code Section 23152(b) makes it "unlawful for any person who has .08% or more, by weight, of alcohol in his or her blood to drive a vehicle."

In any California DUI prosecution under this statute, it is a rebuttable presumption that the person had .08% of alcohol in the blood at the time of driving the vehicle if the person had .08% in the blood at the time of the performance of a chemical test within 3 hours after the driving.

Since the California DUI per se statue criminalized a BAC at the time of driving, and most California drivers are tested at some time minutes or hours after the act of driving, it became important to "relate back" the BAC test result to the time of driving.

California permits evidence of a DUI chemical test result taken within hours of driving. "Extrapolation" is the "relate back" concept used to bring a test taken some time after driving into statutory or circumstantial relevance. Extrapolation is also used by California DUI defense attorneys to rebut the State of California's prima facie DUI case.

When a California DUI defense lawyer uses extrapolation to show a person's BAC is lower at the time of driving than it was at the time of test, that person should not be convicted of California's per se DUI statute.

Extrapolation of and from BACs or levels in the human body has been around since Erik M. P. Widmark developed his equations in the 1930's.

One key aspect of the Widmark equation has been calculating the correlation of a given BAC to a most likely number of drinks consumed. Another key aspect has been the calculation of a BAC to a given time from the BAC recorded at some after-occurring time.

There are at least (7) uncertain random variables which are involved in BAC estimates based on the Widmark Equation: (1) Weight, (2) rho factor (L/kg) [distribution of alcohol/body mass], (3) BAC at test time, (4) beta factor [=elimination rate], (5) time, (6) amount of alcohol per drink, and (7) amount of drinks consumed. While Widmark himself only considered the rho and beta factors to be uncertain, each of the factors is subject to variation.

The variability of each individual factor operates as a slight multiplier that affects its relationship to each other variable, and ultimately, the final result of the calculation.

Later research included co-variance terms, accounting e.g. for explaining that women with smaller rho values generally have higher beta values than men. The distribution variable has further been revised to reflect either total body water, or the traditional apparent volume of distribution in the body. Using breath testing in the U.S. assumes a partition ratio of 2100:1, which represents another variable term, should one need to compensate between the assumed value of 2100 and the more accurate 2300:1. (In the United Kingdom, the ratio is statutorily set at 1:2300.)

Other factors include the effects of food quantity and type, the limitations of the rho factor as a measure of true volume of distribution, first-pass metabolism or alcohol, gastric emptying, bioavailability or position on the alcohol time curve. Widmark assumes dosing at once on an empty stomach, complete absorption, and at least an hour and a half between the end of drinking and sampling BAC.

California DUI prosecutors want jurors to guess what the true BAC was in a San Diego DUI case by projecting backwards, using average alcohol absorption and elimination rates, but it's only an inaccurate guess based on assumptions. "Retrograde extrapolation" is a fancy name for trying to guess backwards. The San Diego DUI prosecutor offers BAC test evidence guessing one's BAC...back to the time of driving. The San Diego California DUI attorney has a recipe to respond.

In San Diego California Drunk Driving trials, the Prosecution ultimately marches in their paid expert to "assume" what the San Diego DUI driver's BAC allegedly is. San Diego California DUI defense lawyer will show why it is not a good idea to "ASSUME" when trying to determine one's true BAC. Assuming through averages does not necessarily amount to proof of true BAC at time of driving beyond a reasonable doubt. Widmark's formula has limitations but can be used professionally and with scientific validity if utilized properly but it often is not.

Friday, November 13, 2009

California DUI Specialist Rick Mueller is a

Top-rated

Attorney

California DUI Specialist Rick Mueller is a

Top-rated

San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. The "DMV Guru," Rick devotes every moment of his law practice to aggressively defending those facing drunk driving hurdles.



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 spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.

Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best strategy and to protect your driving privileges in California.



Video of San Diego DUI / DMV Attorney



San Diego DUI Blog

Thursday, November 12, 2009

California DUI help for San Diego California DUI court and DMV

Complete San Diego California DUI Help to save your California license by San Diego DUI Attorney Rick Mueller, a Superb-rated San Diego California Drunk Driving Lawyer, San Diego California DUI & DMV Defense Attorney with over 25 years of experience. Known as a DMV Guru, he only aggressively defends those accused of San Diego DUI. He spoke at the California Attorneys For Criminal Justice annual DUI seminar.
Online San Diego California DUI Consultation for your best San Diego California DUI defense attorney tactic.

San Diego DUI Lawyer

Wednesday, November 11, 2009

complete Free Evaluation for your best San Diego DUI defense attorney strategy

Simply complete Free Evaluation for your best San Diego DUI defense attorney strategy and to vigorously protect your license.

Video of San Diego DUI / DMV Attorney

San Diego DUI

Monday, November 9, 2009

Potential effect of alcohol content in energy drinks on breath alcohol testing

An Energy Drink & Alcohol mix man mean a California DUI. Folks love caffeine and not just in coffee. When you mix alcohol with energy drinks, the combination could cause trouble & confustion.

Since the advent of energy drinks in the U.S. marketplace, some defendants have claimed that positive breath alcohol test results have occurred due to the ingestion of non-alcoholic energy drinks. A variety of energy drinks were tested by gas chromatography and some 88.9% (24 of 27) were found to contain low concentrations of ethanol (5-230 mg/dL). Drinks were then consumed (24.6-32 oz) by volunteers to determine the extent of reaction that could be achieved on a portable breath-testing instrument. Eleven of 27 (40.7%) beverages gave positive results on a portable breath-testing instrument (0.006-0.015 g/210 L) when samples were taken within 1 min of the end of drinking. All tests taken by portable breath test, DataMaster, and Intox EC/IR II at least 15 min after the end of drinking resulted in alcohol-free readings (0.000 g/210 L). Affording subjects a minimum 15-min observation period prior to breath-alcohol testing eliminates the possibility that a small false-positive alcohol reading will be obtained.
[J Anal Toxicol. 2009 Apr;33(3):167- 9.
Potential effect of alcohol content in energy drinks on breath alcohol testing.
Lutmer B, Zurfluh C, Long C.
Missouri Department of Health and Senior Services, State Public Health Laboratory, Breath Alcohol Program, 2875 James Blvd., Poplar Bluff, Missouri 63901, USA. brian.lutmer@dhss.mo.gov]

Rcently Wake Forest University School of Medicine released research about the health effects that occur when alcohol and energy drinks are mixed together. That study shows that people double their risk of being hurt, injured, requiring medical attention, driving with an intoxicated driver, being taken advantage of sexually or taking advantage of another sexually. Perhaps most significantly for California DUI defense attorneys, only the symptoms of drunkenness are reduced but not the drunkenness.

What does this mean for California DUI defense lawyers?

Folks can't tell if they're drunk, according to the study. So people will get behind the wheel and not feel drunk, yet they could be arrested for California Drunk Driving.

Because caffeine is a stimulant and alcohol is a depressant, they counteract each other, which makes people not realize how much alcohol they have ingested. One's California DUI BAC [Blood Alcohol Concentration] is still the same, but the effects are being masked by the caffeine, say Wellness Education dietitians.

After caffeine wears off, the person will feel the full effects of the alcohol. California DUI criminal attorneys will still have to deal with the California DUI BAC number.

Some findings from the 4,000 person survey of college students revealed that students are combining the two so they can drink more and stay out longer without feeling the effects.

Some California DUI criminal lawyers believe the danger lies in the increased amount of alcohol that people drink, assuming they have not yet reached a dangerous level. It may lead to people making decisions they normally would not such as driving drunk.

This relatively new combination has become popular among college students. But this drink is not popular only around California colleges. Mixing caffeine and alcohol is known to have grown in the past years nationwide with the onset of energy drinks' popularity. It is popular for many people to mix energy drinks with alcohol while they're drinking.

This possible risk that accompanies the mix of caffeine and alcohol does not seem to deter people from buying the drink. Which means many at some point may need a California DUI lawyer.

Sunday, November 8, 2009

A variety of California DUI Defense Attorney options are available if you need them, just make sure you act within 10 days after the arrest

California DUI criminal lawyers scope for illegal actions by cops which could be grounds for San Diego DUI case dismissal. In the unlikely event all San Diego procedures were properly followed, your San Diego DUI attorney will continue to defend your San Diego drunk driving case in the most professional and vigorous manner.

Saturday, November 7, 2009

DUI in another state? Know this - the Interstate Compact

If you are a resident of one state and got a DUI in another state, know this - the Interstate Compact is a multi-state agreement between participating states to share information and reciprocate. It covers California administrative license suspension actions and DUI convictions in California.

If a holder of an out-of-state license has his or her driving privilege suspended or gets convicted of DUI in another state (California), the driver's home state can be notified. Your home state may honor and reciprocate - take action to suspend the driver's license of its resident.

If 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 probably want to avoid, if not at least minimize, any driver's license suspension action by the California Department of Motor Vehicles.

Qestions about how the Interstate Compact Act may apply in your case? Contact a DUI/DMV specialist in your state. States vary in their respective actions. For instance, Michigan will sanction a Michigan resident for a non-Michigan conviction. While Michigan has not enacted legislation specifically adopting the Compact; it has done so administratively and statutorily by allowing the Secretary of State to consider convictions from out of state.

Friday, November 6, 2009

California DUI / Drunk Driving checkpoints must adhere to strict guidelines or else they are unlawful

Weekends are ripe for California DUI Checkpoints. Although the California Supreme Court’s Ingersoll decision legitimized California DUI / Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated.

When California DUI police do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the DUI roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest at a California DMV license suspension hearing.

If you or a loved one needs help with a California DUI case click here: Free San Diego County Drunk Driving Defense Survey to find out your best strategy and defense.

Thursday, November 5, 2009

If your name is "DUIS" don't tell cop: "Dude I do this every night!"

A man named "DUIS" with a breath test 4 times the limit told the arresting cop: "Dude, I do this every night; I'm straight up and not drunk!" Zachary "Duis".

"Duis" was arrested for drunk driving and for 2 warrants for resisting law enforcement and furnishing alcohol to a minor. He was caught driving his pickup truck erratically. Duis allegedly failed field sobriety tests and was taken to the Portage Police Department for a certified breath test before heading to Indiana jail.

Know what to do and say if suspected of a DUI: Protect yourself.

Wednesday, November 4, 2009

Superb-Rated San Diego Drunk Driving Lawyer, DUI/DMV Defense Attorney

Superb-Rated San Diego Drunk Driving Lawyer, DUI & DMV Defense Attorney with over 25 years of experience, a California DMV Guru, Lawyer Rick Mueller devotes all 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.

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Monday, November 2, 2009

If you need to save your driver's license or privileges, your California DUI attorney has only ten (10) calendar days to contact DMV

10. If you need to save your driver's license or privileges, your California DUI attorney has only ten (10) calendar days to contact DMV! This twit was written by a California DUI criminal defense lawyer as to what you must do within 10 days of being arrested of a California DUI.

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



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



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



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



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



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



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



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

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



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



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



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



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






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