Thursday, June 30, 2011

California DUI Attorney's resourceful links vis a vis the premier San Diego DUI Lawyer starts with helping to avoid a drunk driving hassle

California DUI Attorney's resourceful links vis a vis the premier San Diego DUI Lawyer starts with helping to avoid a drunk driving hassle through this advance checkpoint notice website.

Stress-free San Diego DUI Lawyers help with both court and DMV. Rick Mueller is a Superb San Diego DUI Lawyer & San Diego California DMV Defense Attorney with over 28 years of experience.

A California DMV Guru devotes every moment of his San Diego DUI law practice to vigorously representing you as a Hired Gun.

Complete the important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best strategy and to protect your driver's license in California or elsewhere.

See the below attorney's San Diego County DUI Checkpoint Locations @ here.

Wednesday, June 29, 2011

Complete

Free Free Survey

for your best San Diego DUI defense attorney strategy

San Diego DUI accuseds need a resourceful Drunk Driving Attorney. One hassle-free San Diego DUI Lawyer strives to help, keep you driving & save your license.


San Diego DUI Attorney Rick Mueller is a Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 28 years of experience. San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.

Complete

Free Free Survey

for your best San Diego DUI defense attorney strategy, so you can get help today.


Friday, June 24, 2011

California charges arising out of photo enforcement, speeding and DUI entitle accused to right to confront test analysts

California charges arising out of photo enforcement, speeding and DUI cases, beware.

Our United States Supreme Court reconfirmed the 6th Amendment right to confront one's accuser applies to analysts who claim to have certified evidence from a machine.

"As a rule, if an out-of-court statement is testimonial in nature, it may not be introduced against the accused at trial unless the witness who made the statement is unavailable and the accused has had a prior opportunity to confront that witness," Ginsburg concluded.

This excellent 5-4 decision held "stand-in" expert witnesses are not a substitute for the individuals who actually conducted the tests.

The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.

The high court examined the case of Donald Bullcoming whose vehicle rear-ended a truck belonging to Dennis Jackson in Farmington, New Mexico on August 14, 2005. Jackson went to exchange insurance information with Bullcoming and noticed that the man smelled of alcohol. Bullcoming fled the scene on foot before police arrived, but Officer Marty Snowbarger caught up to him and arrested him for DUI. After a breath test was refused, Snowbarger obtained a warrant to take Bullcoming's blood. Forensic analyst Curtis Caylor's test of this sample showed a blood alcohol content (BAC) of 0.21, a result that served as the primary evidence against Bullcoming at trial.

This blood testing process is performed by a gas chromatograph machine but remains subject to human error. The court noted a "fairly complex" Colorado lab mistake systematically produced high BAC readings for 206 defendants. Caylor did not testify at trial because he had been put on unpaid leave from his job for an unspecified reason. Instead, Gerasimos Razatos testified regarding the results which he had neither observed nor reviewed.

This high court examined the question of whether a lab report could be introduced as evidence by an "expert" who did not actually conduct the tests in question. The prosecution argued that the gas chromatograph machine was the accuser in the case and that Caylor simply wrote down the result without exercising independent judgment. For that reason, Razatos was an equivalent substitute. The court disagreed.

"Suppose a police report recorded an objective fact -- Bullcoming's counsel posited the address above the front door of a house or the read-out of a radar gun," Justice Ruth Bader Ginsburg wrote for the majority. "Could an officer other than the one who saw the number on the house or gun present the information in court -- so long as that officer was equipped to testify about any technology the observing officer deployed and the police department's standard operating procedures? As our precedent makes plain, the answer is emphatically 'No.'"

The court majority noted that using a surrogate witness would conceal any lapses or lies on the part of the certifying analyst. It also noted that the burden on the prosecution from the requirement of live testimony could have been cured by having Razatos retest the blood sample, which was preserved in accordance with New Mexico law.

The decision represented a rare coalition of the most liberal and most conservative members of the court. Ginsburg and President Obama's nominees to the court, Justices Sonia Sotomayor and Elena Kagan, were joined by Justices Antonin Scalia and Clarence Thomas.

Thursday, June 23, 2011

Rick Mueller: San Diego California DUI Attorney, California DUI Lawyer www.sandiegodrunkdrivingattorney.net

DUI Criminal Defense Attorneys in U.S.A.

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Saturday, June 11, 2011

A list of San Diego California DUI checkpoints is updated here: free

A list of San Diego California DUI checkpoints is updated at this attorney's free site.

No Apple Apps needed.

Last night, San Diego Police Department had a DUI checkpoint on the 4100 block of 30th Street.

Drunk driving accounted for 11 DUI arrests, lawyers were told.

Friday, June 10, 2011

15 years in prison for fleeing the police (third offense) because it's a violent felony, regardless if DUI or not

Running from the cops in a vehicle can end up bad for a third offender - mandatory 15-year term in federal prison.

The United States Supreme Court says "vehicular flight" counts as a violent felony under the Armed Career Criminal Act, triggering the mandatory term if it is a third offense.

Congress adopted the law in 1984 as an early version of a "three strikes" measure. Gun-carrying criminals with three violent felonies on their record would get at least 15 years in prison.

Since the didn't define what crimes counted - except to mention burglary, arson, extortion and other acts that involved force or a risk of serious injury - they tried to intepret meanings, beginning in 2007: attempted burglary counts since it can lead to a violent confrontation.

However in 2008, the Supremes held DUI does not qualify because it is not an aggressively violent act.

Speeding away from the police "presents a serious potential risk of physical injury to another," said Justice Anthony M. Kennedy. "It is a provocative and dangerous act that dares, and in a typical case requires, the officer to give chase."

California DUI attorneys are obviously concerned as some DUI drivers can be suspected of fleeing or evading the police.

Thursday, June 9, 2011

15 California DUI cases dropped by City Attorney's Office, San Diego Police Department's ex-officer Anthony Arevalos was the arresting officer

15 DUI cases were dropped by the San Diego City Attorney's Office, criminal defense attorneys just learned.

Why? San Diego Police Department's ex-officer Anthony Arevalos was the arresting officer and allegedly involved in some other misconduct during DUI traffic detentions.

The ex-San Diego PD officer faces eighteen felonies - sexual battery, assault under the color of authority and receiving a bribe after a DUI contact.

These dismissed DUI cases were dismissed between March 25 and April 21, 2011..

Arevalos, arrested because one female driver complained of allegedly sexually assaulted by the officer in a downtown bathroom, will have his day in court.

Fourteen of the dropped San Diego DUI cases had BAC's of .08 or more. The other was underage.

San Diego's city attorney indicates 3 other DUI cases with Arevalos did not get dropped but were settled by lawyers' plea bargains as the San Diego DUI attorney prosecutor was able to prove the case without Arevalos' testimony and other material & percipient officers on those DUI scenes.

Wednesday, June 8, 2011

California DUI Lawyers Association announces upcoming attorney seminars and events

The California DUI Lawyers Association announces these DUI attorney seminars and events.

Winning Pre-Trial Motions and Appeals
Winning Pre-Trial Motions and Appeals by Marsanne Weese

Thursday, June 23, 2011

Time-2

1 MCLE Units

Location-Bella Italia 7232 N Rosemead Bl San Gabriel 91775

This is a CDL Association Event

EMail Contact

Materials will be available in printed form.

Meal Choices

Meat Lasagna

Spaghetti & Meatballs

Fettuccine Alfredo (vegetarian)

Manicotti (vegetarian)


Member $75.00
Non Member $85.00



Speaker(s)
Marsanne Weese

2011 NCDD Summer Session

Thursday, July 28, 2011

Time-

24 MCLE Units

Location-Harvard, MA

Materials will be available in printed form.

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
Mexican American DUI Loyola Law School
The annual famous Loyola Law School MABA PAC DUI All Day Seminar

Saturday, July 30, 2011

Time-8-5 p.m.

6 MCLE Units

Location-Loyola Law School

Flyer

Web Site

Sponsoring Organization - MABA PAC

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
SFST Practitioner Course
Platt & Assoc. SFST Practitioner Course - You must have already attended the student course

Friday, August 05, 2011 to Sunday, August 07, 2011

Time-see flyer for more

Location-Marina Del Mar, CA

Web Site

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
Fresno Luncheon Seminar 2011
Winning Blood Motions to Suppress Winning .01 Violations Win 50% of your DMV Hearings Overall Winning Points at Trial

Saturday, August 20, 2011

Time-4 hours

4 MCLE Units

Location-DownTown Club at Fresno, CA

This is a CDL Association Event

EMail Contact

Materials will be available in printed form.

Meal Choices

Meatball and Rigatoni

Chicken

Before August 5, 2011
After
Member $85.00
$95.00
Non - Member $85.00
$95.00

NACDL/NCDD Las Vegas
The biggest DUI show on the west coast

Wednesday, September 14, 2011 to Sunday, September 18, 2011

Time-

Location-Las Vegas, NV

Materials will be available in printed form.

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
CACJ - DUI Rules of the Road
All Day DUI Rules of the Road Seminar

Saturday, October 29, 2011

Time-8

Location-Hilton, Palm Springs, California

Map It on Google Maps

Web Site

Sponsoring Organization - CACJ

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
How to Practice Criminal Defense and Retire Well
Financial Success in Business

Thursday, November 10, 2011 to Sunday, November 13, 2011

Time-to be announced

Location-Cancun, Mexico

Flyer

EMail Contact

This event is not sponsored by California DUI Lawyers Association.
See the event flyer or contact the sponsor for price information.
2011 CDLA Holiday/Xmas Party
Our Annual Party in Southern California

Friday, December 02, 2011

Time-6-10 p.m.
1 MCLE Units

Location-Riverside Mission Inn, 3649 Mission Inn Ave.

Map It on Google Maps

This is a CDL Association Event


Member TBA
Non Member TBA


If you know someone in need of a San Francisco DUI attorney, contact Josh Dale.

Tuesday, June 7, 2011

California DUI Lawyers Association Attorney Specialists handling a San Diego DMV hearing for an administrative action explain what it's about

Nuts and Bolts of a California DMV License Suspension Hearing after a San Diego DUI:

California DUI Lawyers Association Attorney Specialists handling a San Diego DMV hearing for an administrative action explain that this is sort of like a mini-DUI trial but without a jury.

Bizarre DMV rules, different laws and peculiar San Diego DMV procedures exist.

Your San Diego DUI / DMV lawyer 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.


Due to the strange nature of 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.

Lawyer defenses at the DMV hearing are unique and often technical, more so than in criminal court.

Common DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for winning.

A California 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.

Obviously unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage San Diego DUI lawyers, and admit or not admit either party's evidence.



A 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."

Because no Fifth Amendment right at the hearing, DUI attorneys 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. 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 lawsuit called a petition for writ of mandate.

Sunday, June 5, 2011

Hiring a 10 out of 10 - rated, top San Diego DUI attorney assures avoidance, minimization or reduction of San Diego jail and penalties

Question: need the best San Diego DUI attorney to vigorously defend your San Diego drunk driving case?


Free California DUI Defense Attorney Consultation

at this online DUI survey

.



Hiring a 10 out of 10 - rated, top San Diego DUI attorney assures avoidance, minimization, or reduction of San Diego jail time and penalties.



The top-shelf San Diego DUI defense attorneys investigate each of the San Diego drunk driving arrests to make sure legal rights are preserved and the San Diego county police officer followed proper San Diego procedures.



A first San Diego DUI / drunk driving offense is perhaps the best opportunity for your San Diego DUI defense lawyer to vigorously defend the San Diego DUI allegations.



A premier San Diego DUI attorney may possess 28 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients will also be illustrative of what you should look for.

Pursue protection of your rights, avoid or reduce penalties.

Thursday, June 2, 2011

Imagine hours before sentencing on your DUI and being arrested again for DUI before you get there

Imagine hours before sentencing on your DUI and being arrested again for DUI before you get there.

Hours before he was to be sentenced for an earlier DUI, Berwyn's C. Estrada was charged with aggravated fleeing and eluding and aggravated DUI charges.

Before midnight, his SUV was pulled over but he sped away as the cop approached.

Cop #2 chased but Estrada blew 8 stop signs in Berwyn Illinois, attorneys are told.

The chase was called off for public safety concerns, but the SUV was again spotted at 1 a.m. and tailed to Estrada’s home, police said.

Drunk Driving police report that when Estrada got out, “officers chased him through yards in Berwyn and they had to physically tackle him. Mr. Estrada has not had a valid driver’s license since September of 1985 and has been arrested several times in the past for driving while license suspended or revoked. On the day he was arrested by Riverside officers, he was due in court for sentencing on a DUI charge that originated in Berwyn.”

He was driving on a license revoked for 3 DUI convictions, lawyers learned.

Wednesday, June 1, 2011

San Diego Superior Court lawsuit maintains black lady unjustly arrested for DUI 6 months ago by San Diego cop who would "let her go" if she would go

$5.5 million? That's how much America's Finest City, San Diego, is going to have to pay for saving money for getting rid of its AntiCorruption Unit if one lady's jury pays the request.

This San Diego Superior Court lawsuit maintains she was unjustly arrested for DUI six months ago by a SDPD cop who suggested he would "let her go" if she would go.

The San Diego Police Department cop, Anthony Arevalos, faces no less than eighteen felony counts, including sexual battery, assault under color of authority and receiving a bribe.

The lady is going after $5 million in general damages and $500,000 in economic damages against the city for assault, battery, false imprisonment and emotional distress.

It's alleged San Diego city and its employees, Police Chief William Lansdowne and Arevalos, failed to provide proper training to San Diego police department officers and also that they discriminated against her because she is African American. She suggests her civil rights were violated when the SDPD cop stopped her in San Diego and filed a false police report, causing charges to be filed against her.

The lady's lawyer, Alexis Galindo of Long Beach, claims the cop repeatedly asked the woman for sexual favors in exchange for her release, but she did not comply.

San Diego drunk driving attorney prosecutors dismissed her DUI charges. Hence the lawsuit.