Monday, May 31, 2010

Secrets of Hiring a Lawyer & DMV hearings after a California DUI arrest

California DUI charges are serious. First, ask the right questions of a prospective criminal defense attorney. Second, know the DMV rules.

Good questions to consider when shopping for a California DUI lawyer are:



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



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



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



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



DMV rules after a California DUI

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!



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 California 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 California DUI
chemical test. (See reverse side of DMV paper.)



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



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



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





Video of California DUI
/ DMV Attorney

Sunday, May 30, 2010

The modernized design for the trending California DUI Lawyer web site twits and blogs San Diego & California DUI resources

The modernized design for the trending California DUI Lawyer web site features twits and blogs for San Diego and California access to numerous quality DUI resources, such as California drunk driving breath test defenses, blood defenses, DUI expungement, local California DUI courts, recent DUI attorney victories in California, DMV information, out-of-state DUI license information, and various DUI informational FAQs.

Saturday, May 29, 2010

San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure your rights are protected!

Quality San Diego California DUI legal representation at 1-800-THE-LAW-DUI!
Click for more information by a San Diego DUI Criminal Defense Lawyer:

San Diego DUI


COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM"

at this online DUI consultation site


Superb-rated

San Diego DUI Criminal Defense Attorney Rick Mueller specializes in California DUI and DMV law.


Specially recognized as a San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law, the California's bible for DUI defense, the book features some of San Diego DUI attorney Rick Mueller's hard work.


San Diego DUI Specialist Rick Mueller 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, 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. At a 9th seminar, 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.


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



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

(1-800-843-5293)


4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail





Get Help Today:

Thursday, May 27, 2010

Residential Treatment Program option for second California DUI offenders

California DUI criminal defense attorneys are asked if folks ordered to go to jail really have to jail. Or can they do something in lieu of custody which will help them while getting custody credit?

Residential treatment is specifically allowed in place of confinement per California Vehicle Code§ 23580.

Second or subsequent California DUI offense(a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.

(b) Notwithstanding any other provision of law, except Section 2900.5 of the Penal Code, unless the court expressly finds in the circumstances that the punishment inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any work-release program, weekend service of sentence program, diversion or treatment program, or otherwise.

(c) For the purposes of this section, "imprisonment" means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations.

Wednesday, May 26, 2010

Ignition Interlock Update (AB 91) for second offender California DUI convictions for any drunk driving arrest after 7/1/10

California DUI criminal defense attorneys are aware that AB 91 bill starts July 1, 2010.

* The funding was supplied by a grant from Office of Traffic Safety (OTS)
* Only persons whose violation occurs on or after 7/1/10 will be subjected to this program.
* It is NOT a court program. DMV acts once the person is convicted of a DUI, 23152 and 23153 and that information subsequently reaches DMV.

(1) The Department of Motor Vehicles, upon receipt of the court’s abstract

conviction for a violation listed in paragraph (7), shall inform the convicted

person of the requirements of this section, including the term for which the

person is required to have a certified ignition interlock device installed. The

records of the department shall reflect the mandatory use of the device for

the term required and the time when the device is required to be installed

by this code

(2) The department shall advise the person that installation of an ignition

interlock device on a vehicle does not allow the person to drive without a

valid driver’s license.

(3) Before a driver’s license may be issued, reissued, or returned to a

person after a suspension or revocation of that person’s driving privilege

that requires the installation of an ignition interlock device, a person who

is notified by the department pursuant to paragraph (1) shall complete all

of the following:...etc."

There are practical exemptions, i.e. No car, not smart, etc.

SB 598 and clean up bill SB 895 (HUFF)

As everyone knows 598 is law, but DMV's interpretation was, only persons who prevailed at the hearing would be able to exercise this option. When brought up, the Author introduced SB 895 to clean up the mistakes.

There is an Urgent clause that means when it passes it goes into effect immediately.

It has passed through the Senate and is in House side. If and when it passed and the Governor signs it the original intent of SB 598 will go into effect.

Unfortunately, only California people who get their DUI on or after 7/1/10 will be able to use this option.

Tuesday, May 25, 2010

In light of the peculiar nature of California DUI / DMV hearings and the no independent DUI judge, folks should try to represent themselves

In light of the peculiar nature of California DUI / DMV hearings and the no independent DUI judge, folks are strongly advised not to try to represent themselves. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.



A DUI / DMV attorney has just 10 CALENDAR DAYS after a 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.


This 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.


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.



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. Looking for a Lawyer? 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

.
Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI

Video of San Diego DUI / DMV Attorney

Monday, May 24, 2010

Former San Francisco police drug lab technician Deborah Madden refused to testify in San Francisco California DUI trial-suspected of stealing evidence

The California DUI jury hung recently in a drunk driving case in which nationally recognized DUI expert Mary McMurray testified.

This DUI case became popular when disgraced former San Francisco police drug lab technician Deborah Madden refused to testify.

The trial's inconclusive outcome may not bode well for San Francisco DUI Attorney prosecutors, still struggling to salvage drug and DUI cases involving Madden, who left the city's crime lab in December amid suspicions that she stole drug evidence and has since retired.

The accused in this DUI trial, Mr. Thomas, was pulled over by San Francisco DUI police in May 2008 for having a broken windshield. He allegedly did not pass a California DUI sobriety test.

Mr. Thomas went on the lam, was later arrested in another county and has spent the last few months locked up in the city, unable to make $50,000 bail on the misdemeanor California DUI charge.

Madden was the last to conduct a routine check on the California DUI breath alcohol-testing machine that police used when they arrested Thomas. DUI Lawyer Prosecutors claim the estimator showed his blood alcohol level was 0.11%.

Madden was assigned the job of testing the equipment, which she first found had problems but later claimed was in proper working order.

Thomas' California criminal defense lawyer attacked Madden, saying she was just part of larger problems at the crime lab. Madden took the Fifth Amendment, leaving her ex-boss, Lois Woodworth, to testify that the equipment was just fine.

At least three jurors didn't buy it, while nine voted to convict. The panel hung last month, and the case is due back in court for a possible retrial.

McMurray traveled from Wisconsin to assist in exposing this crime lab.

Sunday, May 23, 2010

Must there be some basis before a California DUI cop can request a person to perform acrobatics or gymnastics?

Must there be some proof before a California DUI cop can request a person to perform acrobatics or gymnastics?

May 23, 2010

Florida requires that proof to be "reasonable suspicion."

This court says a traffic infraction, coupled with an odor of alcohol and bloodshot & glassy eyes is enough in this case by this particular drunk driving officer.

This particular HGN test allowed this dui officer to continue the detention for additional field sobriety testing.

DUI Criminal Defense Attorneys can still seek suppression for the original detention for field sobriety tests and the continuing detention for further field sobriety tests.


District Court of Appeal of Florida,
Second District.
STATE of Florida, Appellant,
v.
Othmane AMEQRANE, Appellee.

No. 2D09-3018.
May 21, 2010.

Appeal from the Circuit Court for Hillsborough County; Daniel H. Sleet, Judge.
Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

Richard W. Bisconti of Nelson, Bisconti, Thompson & McClain, LLC, Tampa, for Appellee.

VILLANTI, Judge.

*1 The State appeals the trial court's order granting Othmane Ameqrane's motion to suppress. The trial court concluded that a police officer who conducted a traffic stop of Ameqrane's vehicle did not possess the requisite reasonable suspicion that Ameqrane's faculties were impaired by alcohol so as to justify the officer's request that he perform a horizontal gaze nystagmus (HGN) field sobriety test or any other field sobriety test. Based upon the uncontroverted facts, we conclude that the trial court erred in its legal conclusion and, therefore, reverse and remand for further proceedings.

Ameqrane was charged with one count of driving under the influence and one count of escape from law enforcement custody. He filed a motion to suppress evidence of the field sobriety testing and his statements. At an evidentiary hearing on that motion, Officer Juan Mello of the City of Tampa Police Department testified that he had been a DUI investigator for six years, had received special training to qualify as a DUI officer, and had conducted over 2000 DUI-related arrests. On November 14, 2008, around four o'clock in the morning, Officer Mello observed Ameqrane's vehicle speeding, and he conducted a traffic stop. Once the vehicle was stopped, the officer approached Ameqrane's vehicle, began talking to him, detected alcohol on his breath, and noticed that his eyes were bloodshot and glassy. Officer Mello testified that Ameqrane admitted he had consumed alcohol. The officer asked Ameqrane to step out of the vehicle to determine if he was driving under the influence of alcoholic beverages. The officer first performed an HGN test of Ameqrane's eyes and concluded that his eyes were “bouncing everywhere” and that it appeared Ameqrane had “quite a bit of alcohol in [his] system.” He then asked Ameqrane to submit to additional field sobriety exercises. Ameqrane vacillated between agreeing to additional sobriety testing and refusing to undergo such testing, eventually stating, “Just go ahead and take me to jail.” Ameqrane then refused further sobriety testing, and he was arrested for DUI.

In his motion to suppress, Ameqrane argued that the smell of alcohol and his bloodshot eyes were insufficient to establish reasonable suspicion to conduct any field sobriety testing. The trial court agreed, concluding that under these facts Officer Mello did not have sufficient reasonable suspicion that Ameqrane's normal faculties were impaired due to the consumption of alcoholic beverages and, therefore, he could not request any field sobriety testing. The court stated that Ameqrane could be detained only long enough to be issued a citation for speeding. Accordingly, the court suppressed all evidence and statements obtained by Officer Mello after his request that Ameqrane perform the HGN field sobriety exercise. This included evidence of the HGN field test, Ameqrane's refusal to participate in additional field sobriety tests, and any evidence related to subsequent blood tests. Because prevailing case law favors the State in this dispute, we agree that reversal of the suppression order is required.

*2 We apply a mixed standard of review when analyzing a trial court's ruling on a motion to suppress. “The trial court's ‘determination of historical facts enjoys a presumption of correctness and is subject to reversal only if not supported by competent, substantial evidence in the record. However, the circuit court's determinations on mixed questions of law and fact and its legal conclusions are subject to de novo review.’ “ State v. K.S., 28 So.3d 985, 987 (Fla. 2d DCA 2010) (quoting State v. Clark, 986 So.2d 625, 628 (Fla. 2d DCA 2008)).

To request that a driver submit to field sobriety tests, a police officer must have reasonable suspicion that the individual is driving under the influence. In State v. Taylor, 648 So.2d 701, 703-04 (Fla.1995), the supreme court provided an example of what constitutes “reasonable suspicion” sufficient to conduct a DUI investigation:

When [the defendant] exited his car, he staggered and exhibited slurred speech, watery, bloodshot eyes, and a strong odor of alcohol. This, combined with a high rate of speed on the highway, was more than enough to provide [the officer] with reasonable suspicion that a crime was being committed, i.e., DUI. The officer was entitled under section 901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest. [The officer's] request that [the defendant] perform field sobriety tests was reasonable under the circumstances and did not violate any Fourth Amendment rights.

The purpose of a DUI investigation is to either confirm or deny whether there is probable cause for a DUI arrest. See id. at 703; State, Dep't of Highway Safety & Motor Vehicles v. Haskins, 752 So.2d 625, 627 (Fla. 2d DCA 1999); Origi v. State, 912 So.2d 69, 71 (Fla. 4th DCA 2005).

In Origi, as in this case, a state trooper observed the defendant speeding. 912 So.2d at 70. The trooper stopped the defendant and noticed that he smelled of alcohol and had bloodshot eyes. Id. The Fourth District concluded that these “circumstances gave rise to a reasonable suspicion sufficient to justify detaining [the defendant] for a DUI investigation.” Id. at 72. While other facts were recited in the Origi opinion-staggering, swaying, and slurred speech-those facts were not relied upon by the district court as the basis for finding reasonable suspicion for the DUI investigation; the district court specifically relied on the defendant's speeding, odor of alcohol, and his bloodshot eyes. Id. at 70-72; cf. Carder v. State of Fla., Dep't of Highway Safety & Motor Vehicles, 15 Fla. L. Weekly Supp. 547a n. 2 (Fla. 9th Cir.Ct.2007) (stating that combination of defendant's bloodshot, glassy eyes and odor of alcohol provided reasonable suspicion to request that Carder submit to field sobriety tests, even if her speech was not slurred); Fewell v. State, 14 Fla. L. Weekly Supp. 704a (Fla. 9th Cir.Ct.2007) (concluding that there was sufficient reasonable suspicion to request that defendant perform field sobriety tests based on traffic violation, defendant's bloodshot eyes, sunburn, and a strong odor of an alcoholic beverage); Brush v. State of Fla., Dep't of Highway Safety & Motor Vehicles, Bureau of Driver Improvement, 14 Fla. L. Weekly Supp. 2b (Fla. 4th Cir.Ct.2006) (concluding that police officer's knowledge that defendant had run a stop sign, coupled with his observation that defendant had a strong odor of alcohol about him, a flushed face, and watery, bloodshot eyes, provided reasonable suspicion to conduct field sobriety exercises); State v. Tamer, 10 Fla. L. Weekly Supp. 931a (Fla. 15th Cir.Ct.2003) (concluding that defendant's speeding, admission that he had consumed two or three beers, and police officer's observation that the defendant smelled of alcohol, had bloodshot eyes and a flushed face provided reasonable suspicion to ask defendant to perform field sobriety exercises); State v. Petroski, 6 Fla. L. Weekly Supp. 621b (Fla. 15th Cir.Ct.1999) (concluding that state trooper had reasonable suspicion to conduct roadside sobriety exercises based on smell of alcohol on the defendant's breath, his glassy eyes, flushed face, and admission of alcohol consumption) .

*3 In this case, the police officer testified that he observed Ameqrane speeding at four o'clock in the morning. When he approached Ameqrane to issue a citation, the officer smelled alcohol and observed Ameqrane's glassy, bloodshot eyes. Upon performing the HGN test, the officer observed that Ameqrane's eyes were jerky and bouncy and concluded that Ameqrane had apparently consumed “quite a bit” of alcohol. These facts provided sufficient reasonable suspicion to ask Ameqrane to submit to further field sobriety tests to either confirm or deny whether there was probable cause for a DUI arrest. Hence, we see no basis to support the trial court's legal conclusion that Officer Mello did not have reasonable suspicion to require any field sobriety testing under the undisputed facts of this case. Accordingly, we reverse the suppression order and remand the case for further proceedings.

Reversed and remanded.

WHATLEY and WALLACE, JJ., Concur.


--- So.3d ----, 2010 WL 2010804 (Fla.App. 2 Dist.)

Only the Westlaw citation is currently available.

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

Saturday, May 22, 2010

California DUI Lawyer with tremendous resources and bargaining power in drunk driving cases with free, online consultation

Yesterday some people need a California DUI Lawyer with tremendous resources and bargaining power in drunk driving cases. Everyday here is the California DUI Attorney help open to the public:

Superb-rated

California DUI Criminal Defense Attorney Rick Mueller only handles California DUI and DMV law. Known throughout the state, enjoying 31 great reviews on Avvo.com from fellow DUI Lawyers, Rick taught

Annual DUI Seminar

a la the American Bar Association at Loyola Law School in Los Angeles. California Drunk Driving 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 fantastic. Rick is the only San Diego DUI Attorney who is the Editorial Consultant for the most well-known book for California DUI law - the California's bible for DUI defense: California Drunk Driving Law. This book contains much of DUI attorney Rick Mueller's hard work. Rick is a Specialist Member of the California DUI Attorneys Association
California DUI "EVALUATION FORM"

at this online DUI consultation site



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


4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail




Click on below sites for more information by a San Diego DUI Criminal Defense Lawyer:

San Diego DUI Help



San Diego Drunk Driving Criminal Defense Attorney Blog

Friday, May 21, 2010

Sneak Preview Drunk Driving Lawyer Victory News Release Blog and California DUI Attorney Twit

Sneak Preview Drunk Driving Defense Lawyer News Release Blog and California DUI Criminal Attorney Twit:

California DUI Attorney Rick Mueller recently successfully avoided both DUI and Driving with .08% BAC (or more) convictions under California Vehicle Code Section 23152 (a) and (b). Here's one preview of the forthcoming partial list of victories in San Diego county DUI / drunk driving cases:

A Good Samaritan woman called to pick up intoxicated military friend. She agrees to drive drunk friend home.

Unable to get through San Diego military gate as Military Police smell alcohol coming out of the vehicle. She admits drinking earlier.

MP conducts Standardized Field Sobriety Tests which she allegedly failed. Blows .181% on Preliminary Alcohol Screening (PAS) Test.

Later blows .15% twice on Intoximeter machine.

Arrested for California DUI. Only $1,000 fine and some AA meetings. Also avoided any California license suspension or restriction.

Thursday, May 20, 2010

California DUI / DMV / Drunk Driving Defense Survey

online DUI Help

California DUI Lawyer offers comprehensive trouble-free San Diego California DUI premier assistance for San Diego California DUI court and San Diego California DMV. California DUI Help to save your state license.



DUI Defense Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 26 years of experience. San Diego California DUI Crminal Lawyer Rick Mueller devotes hs life toward this practice.
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

. 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.



Easy start: California DUI / DMV / Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best professional representation.

Video of San Diego DUI / DMV Attorney

Wednesday, May 19, 2010

A Breathalyser for drugs is proposed for the so-called control of drug use by drivers and DUI investigations

A so-called "Breathalyser for drugs" is proposed for the so-called control of drug use by drivers. A test is on its way which may help tell who has taken illegal drugs just by sampling their breath.

Traces of amphetamine and methamphetamine may possibly be found in patients getting emergency care. This is a new kind of drugs test, which is simple and safe to conduct and that requires no integrity-violating monitoring or medical staff. But its accuracy and reliability are already in question.

Patients breathed into a special mask for 10 minutes. The air was passed through a filter, which was then purportedly analyzed for drug particles. Some traces of intoxicants could allegedly be found even after the effects had worn off. The results were supposedly confirmed by blood and/or urine tests. Many questions remain and this will be closely monitored by Californi DUI criminal defense attorneys.

Tuesday, May 18, 2010

Why is San Diego DMV representation is as important, in most drunk driving cases, as the actual criminal California DUI attorney representation?

San Diego DMV representation is as important, in most drunk driving cases, as the actual criminal California DUI attorney representation. Why?

Because the San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with unique DMV rules and San Diego DMV procedures.

San Diego DMV hearings are heard in front of a DMV hearing officers rather than real judges - State employees of the DMV not trained in law who acts as both prosecutor and judge.

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.







Looking for a Lawyer? 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

. 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.


Video of San Diego DUI / DMV Attorney

Monday, May 17, 2010

Check out below DMV video for more information or to contact a San Diego DUI Lawyer who assists Californians

Check out below DMV video for more information or to contact a San Diego DUI Lawyer who can help:

Video of San Diego DUI / DMV Attorney


What you must do within 10 days of being arrested


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


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



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



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



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



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



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



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



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

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



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



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



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



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






Check out below DMV video for more information or to contact a San Diego DUI Lawyer who can help:

Video of San Diego DUI / DMV Attorney

Saturday, May 15, 2010

DA's Office failed to disclose to California criminal defense attorneys the criminal histories of eighty cops who may have testified in DUI cases

The District Attorney’s Office failed to disclose to California criminal defense attorneys the criminal histories of eighty cops who may have testified in criminal cases including DUI cases in California.

Any prior convictions of testifying police officers were not brought to the attention of the District Attorney’s Office. So officers with criminal histories may have been allowed to testify without being asked by defense attorneys about their criminal histories which may have included California Drunk Driving cases.

This District Attorney’s Office in San Francisco, like all California DA Offices, has a legal responsibility to find out and disclose to criminal defense lawyers if any of their witnesses have criminal histories, especially in DUI cases.

For help with a California DUI, visit this criminal defense lawyer's excellent resource.

Friday, May 14, 2010

Things California Police would like you to know

Things the Police would like you to know

Dear John Q. Public:

Your 5 year old kid getting pushed down by another 5 year old kid is NOT a police matter; talk to the other kid's parents, not the police.

If your kid won't do his homework or do his chores, 911 is not the answer.

If a cop causes a car accident we usually get a ticket, and sometimes we get suspended. When is the last time you got 3 days off (without pay) for rear-ending a guy at Wal-Mart?

We know you've had more than two beers. When I've had two beers, I didn't hit six parked cars, drive my car through the front doors of a Toys-R-Us, pee my pants or pass out at a traffic light.

When you see an emergency vehicle behind you with its lights and sirens on, pull to the RIGHT, and stop. We are usually required to pass cars on the left.

When you're driving in the fast lane and you see a cop behind you, don't go 5 MPH under the speed limit. We are not impressed by how safe of a driver you can be, we're trying to go help someone (or catch that guy in SUV that just cut you off). Safely move over and let us pass please.

If we park our cruiser across the road with lights flashing, don't ask if the road is closed or if there is an accident, just take an alternate route and DON'T DRIVE AROUND US!

If you get a warning instead of a ticket from a motorcycle cop, go buy a lottery ticket, because you've already beaten the odds.

When you see an officer conducting a traffic stop, or with a suspect in handcuffs, it is generally not a good idea to approach him and ask for directions. If you do, don't expect the officer to be nice when he tells you to get lost, and don't expect the officer to take the time to explain.

Here's how to get out of a ticket. Don't break the law.

If you drive a piece of crap, that is why you're getting pulled over.

In one week I pulled over 10 cars for minor traffic violations. 5 out of 10 had no vehicle insurance. 3 out of 10 had suspended driver's licenses. 2 out of 10 had warrants. 1 out of 10 had felony warrants. 1 was a known sex offender with his 12 year old niece in the car without her mothers knowledge.

If you've just been pulled over doing 70 in a 35, do not greet the officer with, "What seems to be the problem, officer?"

We get coffee breaks too.

When you're the victim of a burglary, take the time you spend waiting for the officer to find the model number and the serial number of the stuff that was taken.

Some cops are just jerks, but take heart in the fact that other cops don't like them either.

If it's night time and you're driving a vehicle with tinted windows and I pull you over, it's not because of your skin color. I usually can't tell if the vehicle even has a driver until the windows rolled down.

Every time you hear on the news about people running away from a crazed gunman, someone's son or daughter in a police uniform is running TOWARD that crazed gunman.

Yes, it's true, cops usually don't give other cops tickets. Think of it as an employee discount, perk or benefit. Other cops are family and you wouldn't give your brother a ticket if you were a cop either.

If your local police agency has a helicopter, everyone knows it's loud and annoying, but did you know it can cover the same area as 20 patrol officers and safely chase criminals that are driving 90 MPH through city streets. Many times the guy has no idea it's there and slows down.

Police work is.... Writing reports.

If you rob a gas station you're only going to get about $100, but I get to see a K9 dog use your arm as a chew toy. For all I care you can keep the $100.

In one year of patrol work in a large city, only about ten minutes would be cool enough to be on the television show Cops.

Every traffic stop could end in gunfire, but we have to be polite and professional until that time .

I've taken about the same amount of men and women to jail for domestic violence, so NO, it's not always the man.

If the light was yellow, we wouldn't be having this conversation.

Cops know you pay taxes and that your taxes pay cops' salaries.

Cops also pay taxes, which also pay cops' salaries so, hey, this traffic stop is on me. Now sign here; press hard. There are several copies.

Police Officers... Our job is to protect your butt, not kiss it!


Thank You,
The Police


If the police are interfering with your rights, visit this valuable resource center by a California DUI criminal defense attorney.

Thursday, May 13, 2010

Los Angles' Premier Legal Defense Lawyers for DUI Cases

In a series of highlighting top Southern California DUI attorneys, check out today's twit - L.A.'s Premier Legal Defense Lawyers for DUI Cases.

When facing a Los Angeles county California DUI, the most important move you can make is consulting an experienced attorney. Hutton & Wilson has been providing aggressive, effective legal defense counsel for professionals, executives and people with reputations to protect since they started in 1997 in Century City and Pasadena

DUI attorneys Hutton and Wilson have a strong capacity for more than two decades and have more than five decades of combined DUI and criminal law experience. Today, their firm is recognized as one of the Los Angeles region's premier DUI defense teams.

Contact these California DUI attorneys at 626-397-9700 or 310 550-7720 As Soon As Possible

Wednesday, May 12, 2010

Premier DUI Defense for Orange County California - General Vince Tucci

President of California DUI Lawyers Association, Vince Tucci is The DUI Man: Southern California’s Premier DUI & DMV Defense firm. Practice Limited to DUI & DMV Defense. 100% DUI & DMV.

Consider contacting them at (949) 872-2700 if arrested for a DUI in Orange County or surrounding area.

Tuesday, May 11, 2010

How you can be convicted of California DUI regardless of how much alcohol was consumed

Can a person be guilty of DUI irrespective of the amount of alcohol ingested?

California's criminal offense of DUI is usually defined one of these ways or sometimes both:

(1) the person had a blood alcohol content (BAC) at or above the .08% limit set by California law, or

(2) the person was driving under the influence of alcohol.

In order to find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In California, the legal limit is .08 (or 8 percent).

So if it is proven that the person's BAC at the time of the arrest was .08 or greater, he or she can be convicted of DUI, regardless of how much alcohol was actually consumed.

By comparison, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person.

So if the person's driving is impaired by the consumption of alcohol, he or she can be found guilty of DUI in California.

Instead of presenting evidence of the BAC to a jury, the prosecuting DUI attorney seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol.

The California DUI police officer will usually explain how impaired driving, if any, that lead him or her to contact the person and try to evaluate the person's ability (or lack thereof) to perform DUI field sobriety tests.

DUI evidence is also usually presented concerning the person's consumption of alcohol. If the jury decides that the prosecuting DUI lawyer has met the burden of proof, it can convict the person of DUI.

In certain cases, a susceptible person may exhibit impaired driving after just 1 alcoholic beverage and may therefore be convicted of DUI or drunk driving in California.

If you need help with your DUI, look for a California attorney who specializes in these types of difficult cases.

Monday, May 10, 2010

Chico California DUI police face lawsuit because police officers have called for emergency response back-up after pulling over suspected drunk drivers

Chico California DUI police face lawsuit because police officers have called for emergency response back-up after pulling over suspected drunk drivers.

DUI suspects were then unfairly and/or unreasonably billed for the extra help. A recent lawsuit is challenging that questionable practice.

The Chico Municipal Code says, in part, that cost recovery fees for convicted drunk drivers are legitimate because just collecting when a drunk driver is involved in an incident, as required by state law, is insufficient because the apprehension and arrest of all drivers under the influence of alcohol or any drug are expensive and time-consuming, even though they may not require an emergency response.

The city of Chico has been named in a class-action lawsuit filed in Santa Clara County that says the city illegally collects emergency response costs in connection with drunk-driving arrests.

Los Gatos attorney Bradley C. Arnold filed the suit that says Chico is one of at least two dozen towns, counties and cities that are illegally collecting the costs.

In a letter to some local attorneys, Arnold says that cities like Chico billing people for costs of law enforcement under circumstances where no actual emergency response was made.

For years Chico has enforced a policy whereby, whenever a city cop comes across a suspected drunk driver, he or she calls for an emergency response, meaning more officers are called in and the suspect, if convicted, is eventually billed for their time.

In the fiscal year ending June 30, 2001, Chico garnered almost $70,000 from those convicted of DUI where city police responded and made the arrest. At that time the cost was $27.13 per officer for the first 30 minutes and 90 cents per minute after that.

The suit currently names about 24 cities and three collection agencies as defendants in the suit, and there are 12 plaintiffs and 10 attorneys involved thus far.

Legislative history [of the emergency response costs] says it was meant to compensate a city for extra costs involved in an accident, Arnold explained. Things like directing traffic or laying out flares. It certainly doesn't apply to someone pulled over for a broken taillight and that the officer suspects may have been drinking.

He said in a city the size of San Jose, which has on average 3,000 DUIs per year, the city can collect as much as $1 million in emergency costs related to DUI stops.

Arnold said most people who get arrested for DUI have never gone through a criminal process before, beyond a simple traffic ticket. They suddenly get all of this criminal paperwork, including this bill from the city that say you must pay this by law,and they do not question it, so that's absolutely illegal.

Arnold is quick to point out that he does not advocate DUI by any stretch of the imagination.

And in fact, he said, the negative stigma that comes with DUI probably helps pave the way for cities to collect such revenue because the accused simply want to get on with their lives and put such matters behind them.

Arnold contacted California DUI defense attorneys including the legendary William Mayo and the living-legend California DUI criminal lawyer Joe Van Dervoort, both of whom represent clients accused of DUI.

Stop this nonsense California DUI municipalities!

Saturday, May 8, 2010

California DUI Defense Attorney Help Today

California DUI Defense Attorney Help Today:


THOROUGH, FREE SAN DIEGO DUI & DMV LAWYER CONSULTATION online

at SENSATIONAL DUI EVALUATION site


Who?

Superb-rated

San Diego DUI Criminal Defense Lawyer Rick Mueller handles only California DUI and DMV cases.

San Diego DUI Defense Attorney Specialist Rick Mueller is the only DMV - DUI lawyer in the country who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years. At an 8th seminar, he masterfully spoke at the

Annual DUI Seminar

. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller taught the prestigious California Attorneys For Criminal Justice

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

. The only San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law - California's bible for DUI defense - San Diego DUI attorney Rick Mueller's hard work is evident.


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


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



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


4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail




Click on below sites for more information by a San Diego DUI Criminal Defense Lawyer:

San Diego DUI



San Diego Drunk Driving Criminal Defense Attorney Blog

Thursday, May 6, 2010

Complete the important Free San Diego California DUI Defense Survey

San Diego California DUI Lawyer representation for a San Diego California Drunk Driving Attorney - San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Check out a DUI Lawyer who can help:

San Diego DUI



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 twenty-six years of helping folks. Complete the important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best tactic.

Remeber,on August 1, 2009, Rick taught dui attorneys 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 to drunk driving lawyers at the prestigious California Attorneys For Criminal Justice

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

.

Tuesday, May 4, 2010

California DUI criminal defense attorneys announce this Press Release of important proportions

May 4, 2010
San Diego, CA

California DUI criminal defense attorneys announce this Press Release of important proportions.

A blog or twit by a California DUI criminal defense lawyers gives a sample of what can be done by successful San Diego drunk driving attorney Rick Mueller:

"Already on California DUI probation in another California county, Driver stops off freeway to empty bladder an old-fashioned way. Zealous CHP officer who previously lost to San Diego DUI criminal defense attorney Rick Mueller investigates, reporting the standard CHP objective DUI symptoms of bloodshot/watery eyes, odor of alcoholic beverage, unsteady gait and slurred speech. Agitated/evasive Driver realizes possible permanent lifetime ban of his commercial license is on the line, admits where driving from but later denies driving. Out of state passenger says Driver driving the whole time. In addition to preventing lifetime ban of commercial California driver's license by avoiding conviction for California Vehicle Code section 23152, no probation violation for prior California DUI."

Monday, May 3, 2010

Instructions on what to do with DMV after a DUI in California

What you should do after being arrested for DUI in CA:

Check out this video site for more DMV information in Californa by a San Diego DUI Lawyer who regularly lectures:

Video of San Diego DUI / DMV Attorney



10. If you need to keep your river's license, your California DUI/DMV 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 attorney contacts DMV by the 10th day from your arrest.



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



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



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



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



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



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



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

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



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



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



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



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

Saturday, May 1, 2010

Can you also believe the Government's computer chip equipment? Are DUI breath test machines capable of false alarms & inaccurate reports?

How many times has a California DUI criminal defense attorney reasonably contended the Government's machine should not be trusted.

Just how reliable are the drunk driving breath test computer equipment that the government witness says is accurate?!

Well, yesterday, the Government's U.S. Geological Survey's computer in Berkeley station mistakenly concluded the Napa area of Northern California had been hit by a magnitude 5.0 earthquake! Whoa!!

Richard Buckmaster, a government geophysicist at the agency's National Earthquake Reporting Center, says governmment officials are trying to determine why the computer generated the "dubious or erroneous" alert Friday. He says the center's equipment saw no evidence that Napa had experienced even a much smaller quake.

The false alarm created a flurry of activity for earthquake watchers and news media but otherwise disappeared from the USGS system with the strike of a delete button. The government employee tried to say such inaccurate reports are rare in California.

In California, DUI chemical test machines are subject to a number of errors. Criminal defense lawyers reasonably argue the machines are not as reliable and accurate as the government claims they are!!

Caalifornia DUI criminal defense attorneys throughout the state and the blogging community have this News Flash twit

California DUI criminal defense attorneys throughout the state and the blogging community have this News Flash twit - the San Diego DUI Lawyer Center blog maintained by San Diego County DUI Law Center, has not moved. Here's the new location.