Thursday, March 31, 2011

Marijuana Production in Oakland: Who's in Charge Here?

Guest poster Thomas Greenberg offers his expertise on Marijuana Production in Oakland:

In 1996, California became the first state in the nation to legalize marijuana use for medical purposes. The medical marijuana industry germinated during the Clinton Administration and grew during President George Bush's tenure, despite the Bush Administration's opposition. When Obama took office, he voiced public support for medical marijuana and assured that the Department of Justice would not prosecute patients or dispensaries in states where medical marijuana was legal. Economies are responsive to political and legal change, and the relaxation in the threat of prosecution led the medical marijuana industry to flower.

In July 2010, Oakland City Council passed a measure to grant licenses to four industrial-scale pot growers with the provision of hefty ($200,000+) licensing fees and a sales tax beginning at 1.8% and increasing to as much as 12%. The measure passed with the allure of a potential to raise $38 million for the city, annually. The Council also saw regulated, industrial-scale growing as a way of reducing small-scale production and the robberies and personal safety issues it sometimes attracts.

In the months after the measure passed, the City Council considered the rules for regulating the first large-scale marijuana warehouses in the country. A major issue was to whom to award the four coveted permits, and criteria were created to reward entrepreneurs for best business model, security plan and, of course, being pesticide-free. In November, voters approved a measure that imposed a 5% business tax on all marijuana growers and dispensaries. The City Council planned to award the four permits by December 20, 2010.

Then came a major buzzkill—the Obama Administration issued a blunt message that the Department of Justice would prosecute large-scale growers and distributors, and potentially penalize Oakland for getting a cut of the profits. Another, lesser problem was that the permit process failed to heed state law that was supposed to restrict medical marijuana growing to patient-caregiver collectives. The City Council went back to redraft the permitting process and bring it into compliance with state law by tying each farm to an individual marijuana dispensary.

For a moment it appeared that a new protocol had been worked out and that the City Council might award five permits. Councilwoman Desley Brooks had come up with a plan allowing five dispensaries to operate their own industrial-size marijuana farms of up to 50,000 square feet (the Brooks Plan).

Just as the City Council was getting fired up, the Obama DOJ local, US Attorney Melinda Haag blew the City Council's high by issuing a warning that Oakland's cultivation ordinance as originally drafted would be illegal could result in federal and state prosecution. In a letter dated February 1, 2011, Haag wrote:

"The department is concerned about the Oakland ordinance's creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law. . . . Accordingly, the department is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland."

Haag said federal authorities would enforce a crackdown on illegal manufacturing and distribution of marijuana, "even if such activities are permitted under state law" as they violate federal anti-drug laws. Operators of marijuana farms but also landlords, property owners, financiers and even the city's council members could face prosecution. Haag made sure to point out that the DOJ won't be focusing its limited resources on prosecuting patients, but distinguished that unlawful manufacturing and distribution was another story.

Alameda County District Attorney Nancy O'Malley issued a statement agreeing that Brooks Plan violated state law because it defined dispensaries as primary caregivers, which read too broadly the state law provision allowing primary caregivers to grow medical marijuana. In fact, district attorneys offices throughout the state have basically disregarded this provision of the law has basically since medical marijuana was legalized in 1996, hence the proliferation of garage-grow rooms and backwoods plantations.

Within the week, City Attorney John Russo withdrew his legal advice and told the City Council to hire a separate, non-governmental attorney. Russo's withdrawal doesn't mean that the City Council has to flush its plan, rather, it's more an illustration of how fractured his relationship with City Council is becoming. Just a week before, newly-elected mayor Jean Quan had expressed her desire to have her long-time lawyer friend Dan Siegel act as an unpaid legal adviser for the city, and the two had sparred over the legality of that. Furthermore, U.S. Attorney Haag issued her letter in response to City Attorney Russo's request for guidance, but Mayor Jean Quan says the Council never asked Russo to seek advice.

The fate of Oakland's large-scale medical marijuana production is uncertain. The City Council's Public Safety Committee will discuss Brooks' plan and Russo proposed amendments at their meeting on February 8. The full council will discuss the issue again at their meeting on February 15. The nation is watching--whatever happens in Oakland could have repercussions not only in California but also in other states that have legalized medical marijuana, like Arizona.


SOURCES:

http://www.mercurynews.com/breaking-news/ci_17322521
http://www.baycitizen.org/marijuana/story/doj-oakland-industrial-pot-farms-illegal/
http://www.ibtimes.com/articles/109222/20110205/oakland-council-warned-by-feds-not-to-break-us-pot-law.htm#
http://articles.sfgate.com/2011-02-03/bay-area/27098495_1_marijuana-farm-ordinance-dispensaries-pot
http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7919182

About the Author
San Mateo DUI Lawyer, Thomas Greenberg, is a native of California and a graduate of the University of California at Berkeley. He was formerly a highly respected deputy public defender and is now an experienced San Mateo criminal defense attorney who has provided effective legal services to literally thousands of clients

Wednesday, March 30, 2011

Harley Lappin, the director of the U.S. Bureau of Prisons, who oversees 116 institutions and about 210,000 convicts, faces drunk driving charge

Harley Lappin, the director of the U.S. Bureau of Prisons, who oversees 116 institutions and about 210,000 convicts, faces drunk driving charges stemming from a February incident in Annapolis, Maryland.

Lappin announced his resignation and told the staff about the DUI/drunk driving incident which happened on February 26 around 4 a.m., less than a half mile from his home.

Nothing good happens at 4 a.m.

FDA shuts down Triad after claims that Alcohol Wipes may have killed a 2 year old child

Alcohol wipes which allegedly killed a 2-year-old child may be a factor in federal regulators ceasing production of all drug products by H&P Industries, a manufacturer of medical products under the name Triad Group.

The company shut down Monday pursuant to an FDA request.

Triad was sued by a Texas couple who blame it for the death of their 2-year-old son.
In the lawsuit, Shanoop and Sandra Kothari maintain an alcohol wipe made by Triad Group Inc. was the probable source of a bacterial infection that killed their son, Harry, a few months ago.

Subsequent to this death, FDA posted a notice that Triad was issuing an urgent recall of all lots of its swabs and wipes because the products might have been contaminated with the bacteria Bacillus cereus.

An FDA inspection report recently revealed numerous issues at the Triad plant, including employees packing acne pads into product containers with their bare hands and children's multi-symptom cold medicine made without a necessary active ingredient.

"Employees engaged in the processing and holding of a drug product lack the education required to perform their assigned functions," the FDA wrote in its 30-page report.

Inspectors also said they found examples of equipment and utensils not cleaned, maintained and sanitized at appropriate levels to prevent contamination that would alter the safety, identity, strength, quality or purity of a drug product.
"We have asked (Triad) to cease production and distribution of all their drug products," FDA spokeswoman Shelly Burgess said yesterday.

The company said the bacteria could lead to life-threatening infections in at-risk populations, including surgical and immune-suppressed patients. The recall, according to the company, was being done out of an "abundance of caution" and was not linked to an illness or death.

Triad has since recalled other products and shut down some production lines.
Tuesday, a Colorado hospital said it confirmed that two-thirds of the Triad-made alcohol prep pads it tested were contaminated with Bacillus cereus.

Children's Hospital, of Aurora, Colo., became concerned after two patients acquired infections. The hospital found Bacillus cereus in the alcohol prep pads, which are routinely used in surgery.

"This told us that we had a product that was contaminated, but we don't have a direct match between the product and the patients," said Susan Dolan, hospital epidemiologist, adding that tests were inconclusive.

The company said that it will meet with regulators soon, and that it has taken aggressive action to resolve issues.

"We issued voluntary recalls as precautionary steps, shut down many production lines, responded to all observations noted by the FDA during inspections, reviewed our overall operations, and laid out a series of other actions in a detailed plan and timeline for corrective actions," H&P Industries said.

It's unusual for a company not to comply with an FDA voluntary request to cease production, since the next action could be a court injunction that orders a shutdown.
Most companies would stop, said Mark Kramer, president of Regulatory Strategies Inc., in Fox Point.

"Even if a company strongly disagreed with an FDA request, they would likely comply and then would do whatever it takes to convince the agency they were wrong, or they would make the necessary corrections to have the request lifted," Kramer said.

Tuesday, March 29, 2011

DMV....A to Z

California DMV / DUI Hearing Information Published by San Diego County DUI Law Center

Lawyers handling license suspension actions approach like a mini-DUI trial but without a jury. Unusual San Diego DMV rules, peculiar San Diego DMV laws and strangeSan Diego DMV procedures exist. The San Diego 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 San Diego DUI lawyers, 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, San Diego 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. 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 attorneys' 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 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.

Monday, March 28, 2011

Best Ways to Avoid a San Diego DUI Conviction

Today we have a guest post from Richard Jacobs: a chief editor since early 2007, and he currently works for MyDUIattorney. A website that helps you to find the right dui lawyer, you can search for a DUI Lawyer in California or for Tempe DUI Lawyer online, anytime!


• As a driver in San Diego, you need to know that when you’re pulled over by the police, you don’t need to show them anything other than your license, registration and insurance. Hopefully, they will not ask you for anything else either.

• If you are asked to pull over by the San Diego police, they will question you before they decide to arrest you. You should know that the Miranda warnings allow you not to answer any of the questions posed by the police. This also holds true because you are not in the custody of the police. It is preferable not to answer any questions that could be used against you in the court.

• You may also be asked to take the Preliminary Alcohol Screening Test; you can always politely refuse to blow into any hand-held gadget of such sort. This holds true if you are 21 or above and are not on DUI probation in the State of California.

• The Field Sobriety Tests or gymnastics are also completely optional and voluntary; try your best not to take those tests because even if you are not drunk, there is a strong chance that you may get arrested. Politely refuse to take those tests and refrain from giving San Diego police any DUI evidence that may be used against you in court.

• In addition, the San Diego police will offer you the option of taking either a blood test or a breath test. In such a situation, always choose a breath test, the reason being that breath testing machines are often erroneous and that is a strong chance your test results will not be accurate. If you have been given the option to choose between a blood test, urine test and breath test, always choose the urine test, since that test is known to be perhaps the most unreliable one in California.

• The way you are perceived by the jury of San Diego is very important, therefore, you should be respectful and polite towards the San Diego police at all times. Do not lose your patience at all.

• It is highly important to call someone as soon as you are arrested. The San Diego County jail will normally allow you to make one phone call, always make use of that call. This is important because the person you will call will be able to hear your voice and notice any possible traces of sobriety.

• A good piece of advice is to write down everything that happened in chronological order before being pulled over by the San Diego Police up to and including your release from jail. This information will be valuable when you contact a DUI lawyer.

• Always research the availability of San Diego DUI attorneys to represent you and give good advice. A good lawyer will put together positive facts and evidence to help put together a good case in front of the San Diego California DMV hearing and court.

• The best advice perhaps is something you’ve heard before: Do not drink and drive in San Diego even if you think you can handle it. Even if you have had just a couple of drinks, don’t take the risk of being pulled over by the police.


Warning: do not confuse the "pink" 30 day TEMPORARY DRIVER LICENSE with your DUI court date, as DMV and criminal proceedings are separate

A number of lawyers understand the significance of what has to be done within 10 days of a DUI in California.

10. Regarding California privileges, a DUI attorney has only 10 calendar days to contact the Department of Morons & Villains (DMV).

9. This critical limit is figured from the Issue date of the SUSPENSION/REVOCATION ORDER.

If time soon expires, contact a DUI lawyer today.

8. This is also a TEMPORARY DRIVER LICENSE which is the pink California DMV paper served after arrest.

7. Regardless of whether or not you were served, California DMV will likely try to take action against your driving privileges.



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



5. Your pink TEMPORARY DRIVER LICENSE is valid for only thirty days.



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. Please 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 San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV paper.)



Issues are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible, rebuttable, unreliable, inaccurate and/or untrustworthy.



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 DMV attorneys have to do is successfully knock out just 1 of the DMV issues to keep you driving. You can also have your lawyer file a writ if no you do not prevail.

Pointer: If you yourself contact DMV to schedule a date which ends up conflicting with your San Diego DUI attorney's calendar, DMV will not reschedule and you may not get the San Diego DUI attorney which you may wish to select.

Sunday, March 27, 2011

Update on protest efforts at Escondido's controversial DUI Checkpoint in California

Escondido California's DUI officers blocking off exits and pull over vehicles who attempt to turn out of the checkpoint.

Protesters stand roughly 1 mile away from the San Diego county DUI checkpoint alerting drivers. Vehicles are getting pulled over well before the San Diego county DUI checkpoint.

When protesters attempt to film or talk to the people who are pulled over, the San Diego county DUI officers order the driver not to speak to them and order them to leave. Officers will not give protesters their badge numbers.

Signs are not always visible to alert drivers of vehicles. Many locations in Escondido have a bend in the road, then suddenly a sign, then boom - officers who block the only remaining exit. So vehicles are stuck.

San Diego county DUI cops block other exits, too, and sit in the side streets waiting to nab drivers.

Nearly all vehicles are being screened. This is apparently because impounds are down, and city needs money.

At the second to last checkpoint, an exit/entry to a continuing care center was blocked off. This is where stroke and heart attack victims reside for rehab treatment. Ambulances are always coming and going.

DUI attorneys should prevail on many DUI cases by establishing these facts observed by protesters at Escondido's checkpoints and helping folks who get unfairly pulled over before the state-funded checkpoint or who are stopped at a checkpoint since no advance notice for appropriate signs, and as in violation of the California Supreme Court's Ingersoll decision.

Friday, March 25, 2011

Checkpoint Locations removed by Blackberry from Apps but San Diego DUI lawyer vows to continue to post California DUI checkpoint locations on URL site

Blackberry stopped a couple of helpful, socially-valuable applications which tell users approaching a California DUI checkpoint.

MADD claims: “We understand their concerns on how these apps can be misused. They could be misused by drunk drivers to evade the DUI checkpoints.”

GPS-based tools allow users report the locations of California DUI checkpoints, speed traps and red-light cameras.

Criminal Defense Lawyers maintain this latest antic is an unlawful attempt to regulate applications which also violates 1st amendment's right to freedom of speech.

San Diego DUI attorney Rick Mueller reminds that DUI checkpoints are to be announced to the public and that these MADD people need to abide by the Supreme Court's decision(s)!! He promises to continue to post locations of California DUI checkpoints on this free website alert!

Blood "Split" Retest Order prepared by San Diego Calfornia DUI Lawyer

A portion of the blood or urine sample described below may be released to Defendant’s forensic expert, or the expert’s authorized representative, as long as, in the opinion of the arresting agency’s forensic expert, a sufficient amount of the sample will remain to permit retesting of the sample.

Arresting Agency: CHP (e.g.)
Sample Number:
Booking/File #:
Date of Arrest:
Date of Birth:

Any stipulation pertaining to fluids drawn by or in the possession of persons not employees or agents of law enforcement agencies or for who the City Attorney has no authority is void.

By this stipulation, we do not attest that we have verified the existence of such a sample.
This stipulation is only applicable if there is enough fluid to divide with enough fluid retained by the law enforcement laboratory to retest. If there is not enough fluid to retain and retest, the City Attorney expressly refuses to stipulate to release of the sample and this stipulation is such event is void.

IT IS HEREBY AND EXPRESSLY AGREED to that the Office of the City Attorney’s stipulation to release the aforementioned fluid sample is predicated and conditioned upon the stipulation of the defendant by his/her counsel to the following terms:
1. Defendant waives all chain of custody arguments, issues and defenses regarding the aforementioned fluid sample arising out of the division release and re-analysis of the sample pursuant to this stipulation and order.
2. Only a portion of the fluid sample will be released. The law enforcement agency will reserve enough fluid for retesting.
3. Defendant agrees to return the specimen to the custody of the agency from which the specimen was obtained no later than the day before trial.
.....
.....
.....
.....
.....
.....
.....

Predicated upon the express terms stated above and agreed
to by the Defendant by his/her counsel, IT IS HEREBY STIPULATED by and between the parties to this action that (insert private laboratory name), a State of California licensed forensic analyst or his or her duty authorized representative, may obtain from the SAN DIEGO SHERIFF’S CRIME LAB the aforementioned fluid sample, which is to be returned within the prescribed time.


Dated: By:

Rick Mueller
Attorney for Defendant





Dated: Office of the City Attorney



Attorney for Plaintiff


ORDER

Upon reading the foregoing stipulation, waiver and good cause

appearing thereto: IT IS SO ORDERED.



Dated:

Judge of the Superior Court

Wednesday, March 23, 2011

Personal attention is best. Begin today:

Free DUI Evaluation

fighting this problem

San Diego County DUI Law Center's Rick Mueller continues to try everything he can to be a resourceful and helpful Drunk Driving Attorney who handles all court and DMV trials and hearings.

28 years of experience led to a reputation of being the DMV Guru, San Diego DUI Lawyer Rick Mueller proudly lectured excellent attorneys, for example, at the

Annual DUI Seminar

.

Personal attention is best. It's here today:

Free DUI Evaluation

Begin fighting this problem.

Tuesday, March 22, 2011

Listen to why you should not talk to the Police!!

Cop admits on this video his "job is to get a confession."

"A defense attorney's job is to hope he or she gets to the client before I do."

This warning not to talk to the police applies in California DUI cases. Do not talk to cops!!

If there is only one thing you can remember about law, remember this!

Don't talk to the Cops, advice by a lawyer

Monday, March 21, 2011

Sex for No DUI? San Diego Police Department Officer Hires Excellent San Diego DUI Criminal Defense Lawyer to Defend as DUI Cop Remanded > Higher Bail

California is a tough place to find cops who take bribes, according to attorneys' clients who move to California from somewhere back east.

This particular San Diego DUI police officer Anthony Arevalos showed up in court looking good today to plead not guilty to eliciting sexual favors from 3 women after he made DUI enforcement detentions.

And #4 victim is allegedly on her way.

The San Diego DUI police officer, sporting a very nice dark pinstripe suit, said little: “Yes, sir,” when asked by the San Diego Superior Court judge if he understood an order to stay away from 1 of the alleged victims.

San Diego DUI police officer’s bail escalated to $200,000. The San Diego DUI police officer was handcuffed and placed into custody. The San Diego DUI police officer had posted $95,000 bail shortly after his arrest March 11.

Deputy District Attorney Sherry Thompson said victimized women on Oct. 22, Dec. 29, and March 8 during DUI stops in the Gaslamp Quarter, asking them all what they could offer him to get out of their compromising situations. The women ranged in age from 20 to 31.

Upon asking about their backgrounds, he would tell them how expensive drunk driving cases can be and that they couldn’t afford them, the prosecutor claims.

On March 8, Fat Tuesday, he allegedly asked a woman leaving Mardi Gras celebrations what it was worth to her to get out of a DUI arrest, the prosecutor contends. The San Diego DUI officer responded by directing her to drive to a nearby 7-Eleven and then allegedly asked her for her panties and bra in a locked restroom. The woman claims that he then put his arm around her and fondled her crotch before letting her go.

The officer then gave her back her undergarments, got her phone number and texted her later making sure she got to work safely.

The woman, whose name was not released, reported the alleged incident to police the next day, leading to the San Diego DUI officer’s arrest.

Cops claim they have surveillance video of the San Diego DUI officer and woman going into the restroom.

A top San Diego California DUI Criminal Defense Attorney Philip Gagnon described the allegations “salacious” and added San Diego police arrested Arevalos too quickly without doing a proper investigation.

“From a factual standpoint, there is not much here,” San Diego California DUI Criminal Defense Lawyer Gagnon said in court.

The prosecutor said San Diego police continue to receive reports from potential victims. So far, there could be as many as 9, Thompson salaciously speculated.

In all, the San Diego DUI police officer pleaded not guilty to 10 felony counts, including sexual battery by restraint, receiving a bribe, assault and battery by an officer, and false imprisonment. Arevalos faces up to 11 years and four months in prison if convicted of everything.

Wednesday, March 16, 2011

California DUI Lawyers look to San Diego County DUI Law Center's Rick Mueller. San Diego DUI Attorney Rick Mueller - Top-Rated San Diego DUI Lawyer

California DUI Lawyers look to San Diego County DUI Law Center's Rick Mueller.
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.
Please begin at this point - complete

Free Free Survey

for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good folks throughout the land.

Monday, March 14, 2011

How long does DMV report actions or DUI convictions on driver license records?

How long does California DMV report actions or DUI convictions on driver license records?

* Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 10 years from the violation date and count as 2 points.

* Most other traffic offense convictions will remain on your record for 3 years from the violation date and count as 1 point.

* Accidents are reported for 3 years from the accident date. If you are found to be at fault, the accident normally counts as 1 point.

* Actions taken against your driving privilege, such as a suspension or revocation due to a DUI or a failure to provide proof of financial responsibility, will be reported for 3 years from the proof termination date or the reinstatement date, whichever is earlier.

* A Failure To Appear for DUI offenses will be reported for 10 years from the violation date. All other Failure To Appears and Failure to Pay fines will be reported for 5 years from the violation date.

Saturday, March 12, 2011

Under the new LAPD policy, California drivers who do not have licenses or insurance will be allowed to call a legal driver to get car unless DUI

Unfairly impounding cars of sober Latinos without licenses or insurance has led to tonight's new California DUI checkpoint on Manchester Avenue under the Harbor (110) Freeway overpass.

DUI Police in California routinely issue warning announcements in advance, including the location, in order to encourage less DUI driving.

Under the new LAPD policy, drivers of vehicles who do not have licenses or insurance will be allowed to call a legal driver to retrieve the vehicle, rather then towing the wheels to an impound yard where storage and tow fees quickly amass.

1,000's of cars get auctioned off in California annually, leaving already-poor families without transport.

Latino groups have protested that legal and illegal immigrants are particularly hard-hit by such policies, because they cannot afford to reclaim their transport.

DUI arrestees' cars, or by persons whose licenses have been suspended for drunk driving, will be towed and impounded, attorneys warn.

MADD criticized any interruption of drunk driving checkpoints in California, lawyers shrugged.

One immigrant rights group claims it disrupted a drunk driving checkpoint on a rainy Feb. 20 by waving handmade warning signs on nearby streets.

Immigrants challenged DUI checkpoints because car owners were unable to retrieve Gochez argued that suspected California drunk drivers were able to recover their vehicles within a couple days while those cited for having no license, or an invalid one, cannot afford to pay impound, towing or storage fees, which are about $1,000.

200 DUI cases in Philadelphia may get a new trial because of incorrect breath test readings!

What? About 200 DUI cases in Philadelphia may get a new trial because of incorrect breath test readings!

The district attorney's office discussed unfortunate folks who were unfairly and unlawfully found guilty solely because of the inaccurate & unreliable breath test estimator,

However, instead of a dismissal, the DUI Attorney Prosecutor is only talking about a new trial. Since the government lawyers may not be entirely reasonable, it may be time to fight back if you're one of the unlucky two hundred.

If you or your loved one want the best possible PA DUI lawyer, click here.

For an interview with the brilliant attorney, Justin McShane, visit this publication.

Friday, March 11, 2011

Can you use a blowjob defense if you're getting a blowjob while driving? Certainly, say reasonable DUI lawyers

Can you use a blowjob defense if you're getting a blowjob while driving? Certainly, say reasonable DUI lawyers. Just because you're distracted from a legitimate element, that does not mean you are impaired or over the limit. Jason Kircher, a Louisville Kentucky resident, was not even over the limit when he was pulled over by traffic cops for driving erratically on the Interstate while Jessica Talarovich was doing him.

Jason's grinning mugshot compares to her "wow-what-am-I-doing-here" look. His criminal defense attorney maintains he was not DUI.

The man was simply getting a blowjob when the pleasure caused him to weave in and out of traffic.

It's a reasonable excuse and a complete defense for any impaired or poor driving.

He didn't "pass" the DUI field sobriety tests but hardly anyone ever does.

He had two beers before this trip. DUI Police charged him for drunk driving, public intoxication and possession of an open container of alcohol in a car.

Wednesday, March 9, 2011

DUI Lawyers searching for clues, tricks and tips in this ever-changing drunk driving law world hop on the URL of San Diego County DUI Law Center

DUI Lawyers searching for clues, tricks and tips in this ever-changing drunk driving law world hop on the URL of San Diego County DUI Law Center, a professional law corporation.

Heavy penalties for a first offense DUI in California recently transcended the point of diminishing returns as far as deterences. If arrested, do yourself a favor by opening up your war chest for the best possible DUI attorney.

Folks needing a San Diego DUI Lawyer may wish to consider Avvo.com options. Find one who has a 10 out of 10 or Superb recognition.

Once you've done that homework, do this:

a fair and simple DUI & DMV online evaluation form

. It's one way to get helpful information emailed and to interact with a very experienced attorney who specializes in these cases.

Monday, March 7, 2011

Top 10 DMV Things to be Aware of, after a San Diego California DUI

10. Save your license by having your San Diego DUI attorney has only 10 calendar days to contact DMV!



9. Lawyers know the ten day time limit is figured by counting from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the pink DMV paper that the DUI cop was supposed to hand you..



7. California DMV will probably take action against your driving privileges even if cop forgot to give to you..



6. If you have a license from another state, and even if the San Diego DUI 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 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. Please 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 San Diego DMV hearing if you completed a chemical test. (See reverse side of pink DMV paper.)



Issues are whether the officer had probable cause to stop or contact you, and whether the San Diego DUI breath or blood test evidence is inadmissible, rebuttable, unreliable, inaccurate and/or untrustworthy.



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 DMV attorneys have to do is successfully knock out just 1 of the DMV issues to preserve your license, to avoid a reissue fee, and/or to avoid an expensive SR-22 filing!



Caution: If you yourself contact DMV to schedule a date which ends up conflicting with your San Diego DUI attorney's calendar, DMV will not reschedule and you may not get the San Diego DUI attorney of your choice. There is no hurry as long as your San Diego DUI attorney contacts DMV by the 10th day from your arrest.


If time is running out or you think you might be late, contact a San Diego DUI lawyer ASAP.

Sunday, March 6, 2011

Restitution in California DUI accident cases

Restitution in California DUI accident cases

In California DUI-related accident and drunk driving injury cases, criminal courts are required to ultimately impose payment of restitution by the defendant to the victim as part of or a condition of probation.

California Superior Courts make restitution orders requiring the defendant to pay the victim and/or victims a pre-determined amount of money calculated by any of the following agencies or their assigned representatives: the prosecuting agency, a victim witness assistant program or the county probation department.


The determined amount of the restitution order is the total amount of restitution owed to the victim as a result of actual losses caused by the defendant’s DUI-related criminal conduct.

The assigned prosecutor or his/her respective agency will compile bills, invoices and other documentary evidence of the victim’s out-of-pocket or economic losses to establish a total amount of restitution to be paid by the defendant in order to reimburse or make the victim whole.


(In civil law, specifically tort law, restitution is established differently through the issue of damages. Victims are not limited or prevented in seeking criminal restitution by what a civil action award or settlement agreement.)


In criminal law, restitution is based on the out-of-pocket economic losses which the DUI victim can establish through documentary evidence. A victim who incurs professional fees (i.e., accountants, lawyers / attorneys, investigators, etc.) to assist the victim in establishing the amount of the actual loss or additional out of pocket expenses incurred as a result the loss, harm or injury is also entitled to recover those fees as part of the total restitution amount owed.



DUI Victim’s Right to Restitution = A California Constitutional Right to Restitution

Victims who suffer losses as a result of criminal activity have the right to restitution for damages resulting from that crime. Cal. Const. Art I, §28(b).



Statutory Right to Restitution and Legislative Intent


Penal Code §1202.4(a)(1) states:


It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.



Impact of Insurance Payments and/or Civil Court Settlements on California Criminal Court Determinations of Restitution Amount Owed to the DUI Victim


People v. Bernal (2002) 101 Cal.App.4th 155, holds that a release of liability given by the victim to the defendant’s insurance company as a part of a settlement does not release the defendant from his or her restitution obligation.


Settlement proceeds paid by defendant’s insurance to the victim should be offset against the amount of total restitution claimed / determined by the court to be paid by the defendant to the victim.


Costs and Attorney Fees Incurred by DUI Victim


Costs and attorney fees incurred by a victim in recovering a settlement award for economic loss is a proper subject of restitution.

In People v. Pinedo (1998) 60 Cal.App.4th 1403, the victim’s P.I. attorney recovered a $22,000 settlement from the defendant’s insurance company as a result of injuries caused by the defendant’s drunk driving. In accordance with a contingency fee agreement, the victim’s attorney was paid $7,333 out of the $22,000. The opinion held that the $22,000 was payment for direct economic losses, and that the attorney’s fees were necessary and proper expenses directly incurred by the victim, and similarly entitled to reimbursement.

The attorney’s fee risk is not insurable. Baker v. Mid-Century Insurance Company (1993) 20 Cal.App.4th 921.


DUI Restitution As A Condition Of Probation


Penal Code §1203.1(b) states:


The court shall consider whether the defendant as a condition of probation shall make restitution to the victim or the Restitution Fund. Any restitution payment received by a probation department in the form of cash or money order shall be forwarded to the victim within 30 days from the date the payment is received by the department. Any restitution payment received by a probation department in the form of a check or draft shall be forwarded to the victim within 45 days from the date the payment is received by the department, provided, that payment need not be forwarded to a victim until 180 days from the date the first payment is received, if the restitution payments for that victim received by the probation department total less than fifty dollars ($50). In cases where the court has ordered the defendant to pay restitution to multiple victims and where the administrative cost of disbursing restitution payments to multiple victims involves a significant cost, any restitution payment received by a probation department shall be forwarded to multiple victims when it is cost-effective to do so, but in no event shall restitution disbursements be delayed beyond 180 days from the date the payment is received by the probation department.


Penal Code §1202.4(f)(3) states:


The restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct including...(B) Medical expenses.


Penal Code §1202.4—Restitution Fines, Hearings, Losses, Expenses, Interest Rate


(a)(1) It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.

(2) Upon a person being convicted of any crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.

(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.

(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than two hundred dollars ($200), and not more than ten thousand dollars ($10,000), if the person is convicted of a felony, and shall not be less than one hundred dollars ($100), and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor.

(2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of two hundred dollars ($200) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.

(c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant’s inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the two hundred-dollar ($200) or one hundred-dollar ($100) minimum. The court may specify that funds confiscated at the time of the defendant’s arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the two hundred-dollar ($200) or one hundred-dollar ($100) minimum, the court shall consider any relevant factors including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered any losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’ s inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.

(e) The restitution fine shall not be subject to penalty assessments as provided in Section 1464, and shall be deposited in the Restitution Fund in the State Treasury.

(f) Except as provided in subdivision (q), in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant’s arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.


DUI Defendant may have to pay more in criminal case if repairs exceed value

Under P.C. 1202.4(f), a restitution order may be significantly higher where it is based upon the cost of repair as opposed to replacement value. Thus, an order for $4,400.00 of repairs was affirmed even though replacement value was only $3,000.00. In re Dina V (2007) 151 Cal.App.4th 486. Cf. People v. Yanez (1995) 38 Cal.App.4th 1622.


DUI Restitution can be ordered at anytime


People v. Rubio (2007) (4th District COP, Div. 1 – Docket No.D048426, WL 1248495) (Unpublished), held that the absence of a restitution order is illegal and therefore can be corrected at any time. If no restitution was ordered due to compelling and/or extraordinary reasons, the Court must expressly state that on the record. In addition, it has been held that restitution is not a proper subject for plea bargains and that a victim’s right to receive restitution cannot be circumscribed by a plea bargain. People v. Valdez (1994) 24 Cal.App.4th 1194,1203.

P.C. §1202.4 does not preclude the entry of a civil judgment for economic losses that may also be the subject of the criminal restitution order. Vigilant Ins. Co. v. Chiu (2009) 175 Cal.App.4th 438.


Bankruptcy does not discharge DUI Defendant

Restitution orders are not dischargeable in bankruptcy. (11 U.S.C. §1328(a)). And a probation term prohibiting any attempt at a bankruptcy discharge of a restitution order is a valid term according to a Superior Court Appellate Department opinion. People v. Warnes (1992) 10 Cal.App.4th Supp. 35.

Friday, March 4, 2011

DUI Lawyers in California can become a "Specialist", the ultimate recognition per California DUI Lawyers Association.

DUI Lawyers in California can become a "Specialist", the ultimate recognition per California DUI Lawyers Association. Always research CDLA's website for that title. This particular attorney is one of a few

10 out of 10 - rated

DUI / Drunk Driving and Department of Motor Vehicles administrative suspension action defense lawyers. Hire the best for the best result. Basic.

Thursday, March 3, 2011

Why worry about a DUI when California Attorneys can help you get rid of the problem?!

Why worry about a DUI when California Lawyers can help you get rid of the problem?!

California DMV Defense Attorneys aggressively move forward in your best interests. Speaking of which...

There's a brand new President of the California DUI Lawyers Association, Donald Bartell, a legend.

Don requested San Diego DUI Lawyer Rick Mueller to become a writer/editor for Attacking and Defending Drunk Driving Tests, an excellent DUI defense book used in California and throughout the U.S.

Why? Because based on San Diego California DUI criminal defense lawyer Rick Mueller's multiple lectures, seminars, presentations & materials, his work is of superior quality.

California's DUI Defense Consultation is free

per an online DUI form which evaluates

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That online DUI Attorney help in California twits necessary links and useful DUI Lawyer data.

Wednesday, March 2, 2011

One way to get going on this would be to commence at this point.

Free DUI Survey

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DUI Lawyers in California who keep abreast of drunk driving defense practice often visit the blogs and twits belonging to the URL for San Diego County DUI Law Center's Rick Mueller. California DUI can be relatively trouble-free if you engage the services of a Superb and Premier San Diego DUI Lawyer who does all court and DMV work on one's behalf.

DUI Attorney California Rick Mueller is a San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 28 years of experience. Known as a California DMV Guru, San Diego DUI Lawyer Rick Mueller devotes all of his San Diego DUI law.

California DUI attorneys frequently have to reeducate themselves on the nuts and bolts. That's why there are teaching seminars like this

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Tuesday, March 1, 2011

Attorneys well-versed with a California DUI / DMV hearing for an administrative per se license suspension action explain mini-DUI trial

DMV Hearing Info after a DUI

Attorneys well-versed with a California DUI / DMV hearing for an administrative per se license suspension action understand it is similar to a mini-DUI trial but without a jury.

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

In San Diego, odd DMV rules, peculiar San Diego DMV laws and strange San Diego DMV procedures exist. The San Diego 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 San Diego DUI lawyers, 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, San Diego 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. 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 attorneys' 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.
If you must contact DMV yourself, although not advised as they are not "on your side," 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).




Upon request, 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.