Saturday, July 23, 2011

Del Mar Race Track brings out San Diego area DUI cops out of the woodwork, resulting in 15 drunk driving arrests - perhaps 80% of stops were unlawful?

San Diego County Sheriff’s Department & Avoid DUI Task Force staked a major DUI enforcement detail roving around the Del Mar Race Track during the Opening Day at the Races.

From 3:00 p.m. to midnight on July 20th, 2011, DUI Deputies and Drunk Driving Police Officers from the National City Police Department, Chula Vista Police Department, San Diego Police Department, Oceanside Police Department, San Diego Harbor Police Department, Coronado Police Department, San Diego County Probation Department and Alcohol Beverage Control made 349 traffic stops. Wow. Lots of "OT" there.

Of the 349 drivers stopped, 56 were subject to DUI evaluation with about a quarter those arrested (so nearly 75% were incorrect suspicions?)

15 arrests were made for San Diego DUI, 4 arrests for driver’s operating their vehicle on a suspended license and 2 drug possession arrests made. 14 vehicles were impounded.

Here's the interesting fact, say lawyers: 35 Vehicle Code citations were issued for different traffic violations.

So 35 traffic violations out of 349 stops. That's only about 10% of legitimate reasons for stops. Assuming there were legitimate reasons to stop the folks arrested for San Diego DUI, that number approaches maybe 14%? So perhaps 86 or 87% or so of the stops were without any legal basis or underlying infraction? Stops based on mere suspicion, hunch or curiosity are unlawful with all evidence subject to suppression, attorneys note!

For updated San Diego California DUI checkpoint locations, visit this free lawyer service.

Thursday, July 21, 2011

California's Drunk Driving Defense Survey at the San Diego DUI hotline online


California's top DUI Attorneys offer resourceful links.

Keep abreast of the local DUI checkpoints. Last night, after Del Mar's Opening Day, San Diego DUI police were in full force. Visit here for updates



San Diego DUI Lawyer Rick Mueller's 28 years and California DMV Guru status aggressively represents folks as their "Hired Gun."

California's Drunk Driving Defense Survey

at the San Diego hotline online DUI consultation site

provides excellent service.

Thursday, July 14, 2011

Comprehensive San Diego California Criminal Defense Attorneys offer peace of mind

Comprehensive San Diego California Criminal Defense Attorneys offer peace of mind.

Complete the important Free San Diego California DUI Defense Lawyer Survey

at this online DUI consultation site

to find out your choices.

DUI Attorney Rick Mueller lectured the at the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the California Attorneys For Criminal Justice A Day in the Desert with the DUI Experts - Annual DUI seminar. San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were exceptional.

California DUI Attorney

Wednesday, July 13, 2011

The $9.99 MrCheckpoint.com is a way to avoid DUI Checkpoints in San Diego California and 24 states

Sennett Devermont's MrCheckpoint.com to help sober citizens escape harassment.

Mr. Checkpoint is a 25-state text-messaging service alerting subscribers to any known DUI checkpoint locations within a 30-mile radius of a fixed address.

Apple and Research in Motion, the company behind the Blackberry, each decided to ban DUI checkpoint apps this year.

So with text messaging, Devermont says he can offer users a similar service. It’s priced at $9.99 per month, with a $5 discount to users who sign a pledge not to drink and drive.

Sober drivers have excellent reason to want to avoid San Diego DUI checkpoints, lawyers point out. A large majority of cars impounded at San Diego County DUI checkpoints are for offenses unrelated to drunk driving. Municipalities, the station reported, benefit financially from impounding cars through contracts with towing companies, attorneys learned.

Reviewing Devermont’s video, David Blair-Loy, legal director for the ACLU of San Diego and Imperial Counties, maintains the police search of his wallet was probably illegal, because he previously provided his ID.

ACLU believes DUI checkpoints are violations of civil rights, although courts have upheld them as constitutional as long as they follow certain requirements in California.

Friday, July 8, 2011



Video showing lecture of California DUI Lawyer

Easy to start. Begin by completing a Free San Diego DUI & DMV Defense Attorney Survey

at this wonderful, helpful DUI consultation & evaluation link

to discover what could be your best tactic and save your driving privileges in California.

Rick's a

10 out of 10-rated

San Diego DUI Attorney with over 28 years of experience in California.

DUI Attorney Rick Mueller is a "Specialist", an Award proclaimed by the California DUI Lawyers Association.

"DMV Guru" Attorney Rick Mueller devotes all of his law practice to aggressively defending anyone facing a San Diego DUI who Rick thinks he can help.

Rick saved the licenses & driving privileges of many clients.

Check out his list of California victories online.



Video showing lecture of California DUI Lawyer

Thursday, July 7, 2011

If .15% BAC or Refusal in California DUI case, watch out for this enhancement, attorneys warn

California Vehicle Code Section 23578 provides:

"In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and condition of probation."

Tuesday, July 5, 2011

Casey Anthony juries not available for Californa DMV actions after a DUI arrest in San Diego, attorneys distinguish

California DUI attorneys' defenses at an APS hearing are specialized and technical, more so than in DUI criminal court. There is no jury trial like Casey Anthony had.

Common DMV proof problems and procedural issues are ways to overturn a suspension.




Due to the unusual nature of DMV hearings and no independent DUI judge or law-abiding jury to offer some protection, folks simply should not to try to do it themselves.

And since DMV hearings are not DUI criminal proceedings, public defenders are unavailable.




A DMV lawyer in California, within 10 days of the DUI arrest, must contact the local DMV Driver Safety Office requesting a hearing, discovery, a stay and a new temporary.

One waives her or his right to a hearing after the 10 day deadline is up. No extensions.

Sometimes folks are running out of time. Or if you must contact DMV yourself, although not advised as they are not "on your side," get the name of the person you speak with.

Absolutely do not discuss with that person any reason why you are contesting the suspension. It's your right to have a hearing. There's plenty of other rights under the California Government Code and case law as well.

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). San Diego DMV will probably not be able to schedule a hearing before your 30-day temporary license expires. That's why your San Diego DUI / DMV attorney ordres a new temporary license until the outcome in a San Diego DMV hearing.

Sunday, July 3, 2011

California DUI marijuana involves much guessing & speculation, attorneys point out

"A lot of effort has gone into the study of drugged driving and marijuana, because that is the most prevalent drug, but we are not nearly to the point where we are with alcohol. We don't know what level of marijuana impairs a driver," says Jeffrey P. Michael, the National Highway Traffic Safety Administration's impaired-driving director.

Yet National Highway Traffic Safety Administration's latest claim, purportedly based on random roadside checks, maintains about sixteen percent of all drivers nationwide at night were on various legal and illegal impairing drugs, with about half them high on marijuana.

Every year in California, nearly a thousand deaths and injuries are allegedly caused by drugged drivers (but not specifically marijuana only), according to raw California Highway Patrol information lawyers are told.

Medical marijuana use is now being pointed at.

Fatalities in crashes where drugs (but not specifically marijuana only) were allegedly the primary cause and alcohol was not involved allegedly increased fifty-five percent over ten years ending in 2009.

1/3rd of states permit medical marijuana sales.

Officials try to find scientific research into whether or not there are impairing effects of marijuana. There are many complications including drivers' combinations of other drugs and/or alcohol. There lacks sufficient research with any well-founded conclusions. And that will not change.

There is no national standard on the amount of pot drivers are legally allowed to have in their blood. Nor should there be.

Thirteen states blindly adopted zero-tolerance laws. Thirty-five states including California have no formal standard, trusting only subjective police opinions to guess or determine possible impairment.

Complex medical issues exist as to whether residual low levels of marijuana can impair a driver days after the drug is smoked. A number of state and federal officials are trying to make it impossible for individuals to use marijuana and drive legally for days or weeks afterward.

Marijuana is not nearly as well understood as alcohol, which has been the subject of statistical and medical research for decades, California DUI lawyers point out.

Sarah Kerrigan, a toxicology "expert" at Sam Houston State University in Texas says:
"To have a law that says above a certain level you are impaired is not scientifically supportable."

"A lot of effort has gone into the study of drugged driving and marijuana, because that is the most prevalent drug, but we are not nearly to the point where we are with alcohol," said Jeffrey P. Michael, the National Highway Traffic Safety Administration's impaired-driving director. "We don't know what level of marijuana impairs a driver."

A $6-million Virginia Beach study is attempting to suggest users of marijuana and other drugs are more likely to crash. Researchers visit collision scenes and request drivers to voluntarily provide samples of their blood. Many drivers say no; some say yes.

These federal vampires subsequently return to the same location, at the same time and on the same day of the week, requesting just 2 random motorists not involved in crashes for blood samples.

This conclusion-oriented idea hopes to draw 7,500 blood samples to show whether drivers with specific blood levels of drugs are more likely to crash than those without the drugs (but not necessarily specifically marijuana only), per John Lacey, a researcher at the nonprofit Pacific Institute for Research and Evaluation.

Test subjects in other experiments consume pot and subsequently observed under high-powered scanners or put in advanced driving simulators with presently unknown limitations to attempt to guess how pot affects their brains or one's ability to drive.

Federal scientists speculate one day police may be able to swab saliva from drivers' mouths and determine whether they have an illegal level of marijuana, but that will require years of research.

Right now, cops are in the same position they were with drunk driving in the 1950s, basing arrests on their professional judgment of each driver's behavior and/or vital signs which often includes improperly trained guesswork, insufficient information and opinions based on hunch, suspicion or speculation.

If police believe a driver is high on marijuana, many California DUI cops then administer a lengthy 12-point examination in California. This often includes doing the following: walk a straight line and stand on one leg, estimate the passage of 30 seconds and have pupils, blood pressure and pulse checked.

Chuck Hayes, national coordinator for the International Assn. of Chiefs of Police based in Washington, D.C., maintains the system works well enough to try to identify impaired drivers, and any future (arbitrary) legal limit or medical test would be just another tool rather than a radical change: "We are not concerned about levels or limits. We are concerned with impairment."

In light of (1) NHTSA's statement that "(W)e don't know what level of marijuana impairs a driver" and (2) Toxicology Expert's Sarah Kerrigan statement that "(T)o have a law that says above a certain level you are impaired is not scientifically supportable," there appears to a lack of general scientific acceptance as to any amount of marijuana impairing an individual.

To help try to avoid San Diego & Southern California DUI checkpoints this weekend, visit this free attorney checkpoint alert site.

Saturday, July 2, 2011

A California DUI Checkpoint happens tonight, July 2, 2011, within the San Diego City limits, at an unknown location.

San Diego County DUI Task Force today says cops will be out in full force during the Independence Day holiday weekend crackdown on impaired drivers with an aggressive DUI enforcement blitz to include California DUI Checkpoints and DUI Saturation Patrols.

Monitor this website for locations throughout the weekend.

A California DUI Checkpoint happens tonight, July 2, 2011, within the San Diego City limits, at an unknown location, lawyers just learned.

The DUI/Driver’s License checkpoint is taking place conjunction with the Independence Day holiday period.

The Avoid the 14 Campaign will also be detaining motorists with DUI Saturation patrols in the cities of San Diego, Poway, La Mesa, San Diego State Area, Encinitas, Del Mar and San Diego California's Harbor region throughout 4th of July weekend.

So far, attorneys are told San Diego California DUI checkpoints were held on:

1. Friday July 1, 2011 from 7:30 p.m. to 2:00 a.m. in the 900 block of Palm Avenue, in the City of Imperial Beach.

2. 7-01-2011, between the hours of 8:00 PM and 1:30 AM, deputies from the San Diego Sheriff’s Department Lemon Grove Station conducted a DUI sobriety and driver license checkpoint near the 6900 block of Broadway.

Statistics gathered from the National Highway Traffic Safety Administration over the past 25 years show that, on average, nearly half of all deadly traffic crashes over each year’s July 4th holiday involved some level of alcohol.

Friday, July 1, 2011

Urgent California DUI Checkpoint warning for downtown San Diego

16th and g downtown and 700 first street, San Diego DUI checkpoints, lawyers are told.

Check here for attorney updates in California.