Tuesday, May 31, 2011

To save your license, a California DUI defense lawyer must contact DMV within 10 days - If you yourself contact DMV to schedule, no rescheduling.

10 day DUI deadline info

10. To save your license, a California DUI defense lawyer must contact DMV within 10 days.

Careful 'cause if you yourself contact DMV to schedule conflicting dates with that of your DUI defense lawyer's calendar, DMV will not reschedule. Then you have to get another lawyer. No rush but the DUI attorney must serve DMV by tenth day.

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 think you might be late, contact a San Diego DUI lawyer 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 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!




Sunday, May 29, 2011

# 11 San Diego Police Department cop is "under investigation for possible criminal activity": a California DUI?

Number Eleven

Ten San Diego Police Department cops face various crimes and accusations, from DUI to on-the-job sex. Six SDPD cops were arrested. Will there be a seventh?

Even though San Diego Police Chief William Lansdowne recently indicated to implement a comprehensive reform plan geared to stop or avoid further incidents, we have a new, purported DUI this weekend.

A San Diego Police Department cop is "under investigation for possible criminal activity," uh, a DUI... and maybe more.

Hard to hide when other motorists see things. In this new possible DUI case, the off-duty SDPD officer - with a conveniently unreleased name - allegedly drove on Ithaca Court in Chula Vista two days ago but no arrest was made at that time. Instead, there's an investigation into the (possible DUI) incident, and the Chula Vista Police Department will supposedly forward the DUI report and case to the District Attorney's Office for prosecution (or not), attorneys are told.

The statute of limitations for any misdemeanor San Diego DUI would expire May 27, 2012, lawyers note.

In the meantime, San Diego PD is taking steps:

4 more sergeants for the Internal Affairs Unit, a wellness assessment to annual performance reviews, and review of the discipline manual.

The confidential citizen hotline handles even more complaints against San Diego Police Dept. officers, 120 calls in 2 weeks.

New info. indicates two more officers are struggling in their personal lives, including drinking and marital issues, things that came happen to anyone.

Hire new officers and promote 28 veterans to supervisory positions this summer.

1,839 cops. Lots of babysitting.

Saturday, May 28, 2011

California DUI Checkpoint Locations - Check here for regular updates

Memorial Day Weekend DUI checkpoints kicked ohhttp://www.blogger.com/img/blank.gifttp://www.blogger.com/img/blank.gifff last night in San Diego County in the city of San Marcos and Imperial Beach with special DUI Saturation Patrols deploying in the city of Poway, Oceanside, Escondido and San Diego.

More local DUI Saturation Patrols will be out on Saturday and Sunday nights on the cities of

Santee
Lemon Grove
San Diego
Oceanside

A San Diego county DUI and Drivers License Checkpoint in the city of Lemon Grove on Sunday, May 29, 2011. Location and time presently undisclosed. Check back here for regular updates.

Friday, May 27, 2011

Easy way to get through Memorial Day Weekend without the gamble of a California DUI

Easy way to get through Memorial Day Weekend without the gamble of a California DUI, lawyers note:

* Please do not drink and drive. It may seem obvious but there's lots of ways to avoid driving. Most folks do not drink alone so figure out who you are drinking with that CAN drive.

It is NOT against the law to drink and drive as long as you are not over .08% BAC and you not legally under the influence of alcohol and/or drugs, buying a portable breath test gadget may help determine your breath alcohol level prior to starting up the car.

* Provide your license, registration and insurance. You do not have to provide any further evidence to a cop who is trained to convict you for DUI.

* When you are contacted by DUI police, you will be questioned before any arrest. Since you are not in custody for the purposes of Miranda warnings, you may politely refuse to answer any of the investigating officer's questions, before or after the California arrest. That way, there will not be incriminating statements that can be used against you in court.

* Acrobatics or gymnastics, aka Field Sobriety Tests (FST's), are optional and completely voluntary. If you try to do them, you may be arrested anyway. It is better not to give the investigating officer any DUI evidence that will be used against you in court. You can politely refuse to do any FST's.

* Polite refuse to blow into any hand-held gadget, aka, the preliminary alcohol screening (PAS) test. If you are older than 21 and not on DUI probation, the test is voluntary and you have the right to refuse this type of DUI breath test.

* Since the officer may only offer a blood or breath test, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error. See DUI'>http://www.sandiegodui.com/defenses.html">DUI & Drunk Driving Defenses to Breath Test. When given a choice of blood, breath or urine test, choose a urine test if it is available as urine is the most unreliable DUI test.

* Telephone - do not text as you cannot be heard texting - a friend or loved one as soon as possible so they can hear you speak and note of your state of sobriety. You should be able to make a phone call from San Diego detention facility.

* Behave and always be respectful at all times to the police. How you are perceived by a DUI jury, prosecutor, DMV hearing officer and Judge is obviouslyimportant.


* Type chronological list of everything that happened before being contacted by police up to and including your release from jail.

* Research via Google California DUI defense attorneys.

California DUI attorney Specialists find facts to help with your case.

Thursday, May 26, 2011

Atlanta Braves Star Pitcher Derek Lowe's DUI and Reckless Driving Charges Dropped

Prominent, Nationwide DUI Criminal Defense Lawyer "Bubba" Head explains Derek Lowe was not racing. Drunk Driving (DUI) and reckless driving charges against the veteran Atlanta Braves pitcher were dropped. The accused was popped less than a mile from his home.

“The officer jumped to a conclusion and made a lot of mistakes,” the famous DUI Attorney says. The DUI cop claimed he saw an Aston Martin and a Camaro speeding down Peachtree Road in Buckhead. But Atlanta star pitcher Lowe drives a 2011 Porsche Panamera. Oops wrong car.

Lowe denied drinking. DUI cop claims he “detected a strong odor of an alcoholic beverage” after pulling Lowe over, but top-shelf DUI attorney Bubba Head explained the smell may have come from the pitcher’s chewing tobacco.

Lowe refused to blow in a breath-analyzer test but performed “remarkably well” in an FST, his DUI attorneys demonstrated.

Wednesday, May 25, 2011

San Diego DUI attorneys post locations of where DUI checkpoints are

San Diego DUI attorneys post locations of where DUI checkpoints are. The task of collecting that information and putting it on the Internet will be made easier if California Assemblyman Michael Allen gets his way.

His bill requires California DUI checkpoints to set up where there is a high rate of DUI arrests: "The bill would require that the selection of the site of the checkpoint and the procedures for a checkpoint operation be determined by supervisory law enforcement personnel and that the law enforcement agency employ a neutral methodology for determining which vehicles to stop at the checkpoint or that all vehicles that drive through the checkpoint be stopped." [AB 1389]

The bill faces opposition from DUI police who don't like to be told what to do. They claim it will make California DUI arrests difficult but I don't see how.

The California DUI checkpoints would have be done at not just any city street or in a minority neighborhood. The proposed bill prevents California DUI officers from impounding vehicles if they can be moved to a safe place or picked up by another licensed driver.

Tuesday, May 24, 2011

A California DUI attorneys' defenses at a San Diego APS hearing are specialized and technical, more so than in criminal court

A California DUI attorneys' defenses at a San Diego APS hearing are specialized and technical, more so than in criminal court. Due to weird 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.




The California DUI / DMV lawyer has ten 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 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.

California DUI Attorneys

Sunday, May 22, 2011

There's a reason Donald Bartell is the Number One California DUI Attorney listed in Riverside by Google

If you have been arrested for a Riverside County DUI, California DUI attorney Don Bartell's seventy-five page comprehensive resource center shows what to do and what not to do.

Riverside California DUI cases can be successfully defended by the right lawyer. Don is just not any lawyer. He's the best attorney in drunk driving cases in California, period.

Don's firm has been getting it done in DUI cases in Riverside County - and throughout California as a pilot - for over twenty-seven years. Winning verdicts is synonymous with the premier DUI defense attorney firm of Bartell & Hensel.

Thursday, May 19, 2011

DUI Attorneys need to point out all the things the person did correctly on the field sobriety tests in California drunk driving cases

San Diego or California DUI Field Sobriety Tests, also known as FST's, are used regularly by officers in determining to make an arrest, but more importantly, as evidence gathered with the intent to write a report which will support a drunk driving conviction.

So California criminal defense lawyers face the task of figuring out what exactly is missing from the officer's report or testimony in a California DUI case.

The last thing drunk driving defense attorneys want to focus on is the things the driver did wrong.

What happens is the California officer notes all the wrong things but leaves out all the good things. So it is up to the lawyers to point out all the things the person did correct.

Because when you add up the things the person did correct, there's alot more there than the things the person supposedly did wrong.

Wednesday, May 18, 2011

If you or a loved one need a free consultation, begin at this

Free Evaluation

Lawyers hoping to achieve good results for Californians facing drunk driving charges showed up at the

Annual DUI Seminar

in Los Angeles, California for the MABA.

California DUI Attorney Rick Mueller further lectured at the top-shelf California Attorneys For Criminal Justice

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

.

If you or a loved one need a free consultation, begin at this

Free Evaluation



California DUI defense lawyers know the best tactic or defense.

Helpful Video of A Superb-Rated California DUI Lawyer out of San Diego

Tuesday, May 17, 2011

San Diego Police Department's "hotline" for the public and the Chief's new training program must be working

San Diego Police Department's "hotline" for the public and the Chief's new training program must be working. There are no officer crimes or accusations of misconduct today. No sex, no DUI and no other isolated charges facing any new officers, has been reported. Congratulations, America's Finest City.

Monday, May 16, 2011

FAQ - Q & A: DMV and DUI - Differences, Comparisons & Similarities in California

DUI and DMV actions are completely independent and separate from each other.

Since most everyone needs to drive, here's some typical questions one may ask:

My lawyer handled my DMV hearing. DMV set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?

No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and independent from any criminal charge, sanction, penalty, or decision. Consult your lawyer regarding your criminal case.


I was convicted in court of a California DUI, how do I obtain a license restriction?

Your California DUI attorney can tell you that if you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

Any driver with a second DUI offense within 10 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work.

Any driver with a third or subsequent DUI offense within 10 years is not entitled to apply for any type of restricted license.



Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?

Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard (hearing).


How is the DMV hearing different from the court trial for DUI?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

If you took a blood or breath or (if applicable) a urine test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
Were you placed under lawful arrest?
Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Am I obligated to have a DMV hearing?

No. Your are not required to request a DMV hearing.


Does the DMV hearing substitute for the court trial?

No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.


The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my license back?

No. A reduction of a DUI charge to reckless driving in the criminal court is separated and/or independent from the administrative proceeding, and does not affect the driving privilege suspension.

Visit California DMV website for further questions regarding this.

Sunday, May 15, 2011

What are the starting points of a California DUI lawyer's considerations in the complicated drunk driving attorney defense approach?

It's not uncommon for attorneys to begin a California DUI investigation by looking at two starting points.

First, impairment.

Is the driver so impaired as to not being able to safely drive a vehicle with the caution characteristic of a an unimpaired (sober) person?

Look when the initial police contact is made, lawyers suggest. Consider different or unique driving habits when looking at driving style.

Sure the drunk driving cop will likely be quick to point out an alleged failure to properly perform coordination examinations in the fields, an alcoholic scent, and/or physical impressions that appear to support the officer's opinion of impairment.

Second, chemical test results.

A DUI attorney prosecutor must sufficiently and competently establish the driver's BAC level was at or exceeded California's limit of .08 percent while driving the vehicle in question.

This gets complicated. That's why one will wish to engage a premium California DUI lawyer immediately to assure one gains the best possible outcome.

Complicated is an understatement when one considers the number variables which come into play in a DUI circumstantial case.

Considering the actual and possible charges including California penalties further complicate the situation.

Since the average person or accused has little or no idea as to the far-reaching impact of California’s DUI laws, an attorney with proper knowledge and expertise is obviously a prerequisite to success.

Legal professionals like CDLA DUI attorney Specialists understand these complications, thereby leading to the best practical strategy and overall approach.

Saturday, May 14, 2011

San Diego California Chief of Police abolished 7 man Anticorruption Unit (cops don't really offer no DUI or prostitution arrest for sex, do they?)

The tenth California cop from San Diego facing criminal charges or misconduct in the past few months could have been investigated by a seven-person anticorruption unit that specifically focused on allegations of crimes or misconduct.

Sound familiar?

But the Chief of the San Diego Police Department's, America's finest cops for America's finest city, decided to uh, (shhhhhhhhhhhhhhh...) get rid of it.

I mean, why would you even need a unit like that?

Cops do not tell pretty girls they can avoid a DUI in San Diego if they do certain things, do they?

San Diego California officers frequently used undercover or surveillance operations to proactively monitor their colleagues for wrongdoing.

Undercover operations involved planting money in squad cars or the pockets of suspects to check that police would properly impound it.

If a prostitute offers sexual favors to avoid arrest, officers used to consider that she might have be placed there as part of a sting by the anticohttp://www.blogger.com/img/blank.gifrruption unit.

What now?

San Diego Police established the unit almost 20 years ago, but after Lansdowne became chief in 2003, the unit vanished.

No hearing.

No discussion.

Just gone.

Keegan Kyle of the Voice of SanDiego.org is doing an excellent job covering these stories.

Friday, May 13, 2011

San Diego Police Department Chief invites citizens to file additional complaints against cops (619) 531-2672

Help is here for the San Diego Police Department?

A confidential hotline is now available for citizens to use to file complaints alleging misconduct by San Diego police officers.

So if you are driving around San Diego see a cop having sex in a patrol car with a hooker (like in Old Town), or offering to let a stumbling drunk go free on a California DUI arrest in exchange for a sexual offer (like in the Gaslamp), simply call (619) 531-2672.

We need more arrests to keep this escalated character exposure rolling.

This band-aid strategy is the latest episode in a soap opera directed by San Diego Police Chief Landsdowne. No one is more stressed now to try to stop more SDPD officer crimes.

So many SDPD officers are faced with criminal charges, misconduct, domestic violence, drunk driving and sexual battery that it's hard to keep track of. The latest is the rape this week.

A few weeks ago, Chief said the cops were stressed and frustrated. Since then, lots more San Diego California police have gotten in trouble.

Karl Strauss Brewing Company, San Diego's Pride & Joy, sponsor's the Eighth Annual Beach to Brewery Beer & Music Festival this Saturday in San Diego

Karl Strauss Brewing Company, San Diego's Pride & Joy, sponsor's the Eighth Annual Beach to Brewery Beer and Music Festival tomorrow in San Diego California from 2 to 7 pm.

None other than Pacific Beach is the location for this http://www.blogger.com/img/blank.gifawesome event.

22 beers on tap!
Live Local San Diego Music!
A Bike Ride from the Beach to the Brewery!
$80,000 raised for SAn Diego Chapter of Surfrider Foundation!
Reusable Souvenir Cups to avoid abuse of plastics!
Hands-On Recycling!
DUI Attorneys providing Tips on how to avoid a DUI!

To avoid a DUI on May 14th, ride your bike to the brewery. Bike racks are available.

Riding a Bicycle Under the Influence of Alcohol does not have the same severe harsh criminal and license penalties as a Drunk Driving Conviction does, local criminal defense lawyers say.

Wednesday, May 11, 2011

California DUI checkpoint alert apps under the gun while San Diego City Attorney wants less DUI cases

San Diego DUI attorneys warn drivers of the locations of DUI checkpoints. Just trying to help the City Attorney's Office!

San Diego City Attorney Jan Goldsmith wants San Diego people to stop drinking and driving. How about visiting San Diego's restaurants and bars? Does he want that, too?

“We prosecute about 7,000 driving under the influence cases a year.” the esteemed lawyer Goldsmith mentioned recently. “There’s one easy way to cut our budget and it doesn’t cost the taxpayers a penny; just don’t drink and drive.”

But what about revenue? If folks stop spending money in restaurants and bars, how does less city revenue help the budget?

San Diego City Attorney Goldsmith is right. Our fine city ranks first in DUI convictions. Maybe the City Attorney's Office has good prosecuting lawyers! He suggests DUI and drinking cases make up about a quarter of all cases reviewed by the City Attorney’s office on an annual basis.

Meanwhile Google and Apple are getting the heat from Senator Charles Schumer to remove smartphone apps that warn drivers of the locations of DUI checkpoints.

These apps alert you to nearby DUI checkpoints from a database designed to help the driver who owns the app.

Schumer asked Apple and Google to consider whether these apps violate the companies' respective terms of service by facilitating illegal activity. These apps "endanger public safety by allowing drunk drivers to avoid police checkpoints,"

Google and Apple agreed to report to Congress in thirty days to check whether the apps violate the companies' terms of service by helping people commit unlawful acts like DUI.

Android and iPhone can buy DUI checkpoint apps like Trapster, Mr. DUI, Checkpoint Wingman and DUI Dodger.

Santa Ana California DUI Attorney Chad Maddox possesses superior knowledge of DUI and DMV issues in California

Santa Ana California DUI Attorney Chad Maddox devotes extraordinary time and superior knowledge to the practice of DUI and DMV Defense, with an effective and recognized focus on DUI and DMV Writs and Appeals.

California DUI Lawyer Maddox's Biography on his website does not serve true justice or define exactly how great he is.

The San Diego County DUI Law Center takes great pleasure in referring DMV writs to Mr. Maddox.

Here's a few articles he has recently written on Avvo, a great California DUI attorney source:

Restricted License with Conviction Before 7/1/2010 598 and 895

The new law applies to everyone! The DMV has been telling people that the new law does not apply to them unless their 2nd or 3rd offense occurred after 7/1/2010. That simply is not true.

Restricted License for 2nd and 3rd Offenders - Update 03/02/2011
The CA DMV has taken the position that the new law effective 7/1/2010 allowing a restricted license for 2nd and 3rd offenders that install the IID.

Get a restricted license with IID on a 2nd or 3rd offense
July 1, 2010 new law applies to everyone. Here's why, and how to get it.

Get a restricted license with IID on a 2nd or 3rd offense
July 1, 2010 new law applies to everyone. Here's why, and how to get it.

Get a restricted license after a 2nd or 3rd offense.
On July 1, 2010, a change in the law allowed multiple offenders (2nd or more) to obtain a restricted license sooner than before. But some are getting denied by the DMV based on the date of offense. This article will explain what they need to do.

Attorney Maddox further betters the DUI legal profession, as follows:

* Contributor to California Drunk Driving Law – the leading treatise on DUI defense in California.

* Published opinion for the defense in Arias v. Superior Court (2008) 167 Cal. App. 4th Supp. 1, 84 Cal.Rptr. 3d 264; 2008 Cal. App. LEXIS 1582

Chad Maddox is routinely a guest speaker educating lawyers on DMV matters and helps other attorneys on a daily basis.

So call today for California DUI Defense & DMV Writs and Appeals: 714.547.4500.

Tuesday, May 10, 2011

INNOCENT UNLESS PROVEN GUILTY BEYOND A REASONABLE DOUBT IN ANY SAN DIEGO CALIFORNIA DUI CHARGE, POLICE OFFICER DEFENDANT OR NOT!

INNOCENT UNLESS PROVEN GUILTY BEYOND A REASONABLE DOUBT!

It is tempting to be influenced with all this hyped-up media coverage of alleged misconduct coming out of the San Diego Police Department.

Lawyers remind that each San Diego California DUI case must be determined on its facts.

Attorneys and San Diegans hope these multiple San Diego Police Department misconduct allegations do not improperly affect the DUI Jury.

Monday, May 9, 2011

5 important California DUI / DMV facts

5. A DUI attorney must request a hearing from California DMV within ten days.

4. If driving in California with a license from a different state, under the Interstate Compact, such state can suspend your driving privilege via reciprocity.

3. 3 issues are disputable at a California DMV hearing if blood or breath test was done. Otherwise 4 issues for under 21 or refusal cases.

The main issues frequently include if the officer had probable cause to contact the purported driver, whether the DUI breath or blood test evidence is even admissible, rebuttable, unreliable, inaccurate and/or untrustworthy, and whether reasonable cause existed to believe the person was under the influence of alcohol.

2. California DMV must sustain the burden of proof on every issue, in order to suspend. If DMV meets the burden of proof on less than all, the driver prevails.

1. California DMV attorneys must focus and prevail on at least one DMV issue to save a license, and not pay reissue fee or file an SR-22.

California DUI Attorneys

Friday, May 6, 2011



Check out this Video of California DUI & DMV Lawyer

California DUI Attorney Rick Mueller is a "Specialist", the special recognition determined by the California DUI Lawyers Association.

As a

10 out of 10-rated

San Diego DUI Lawyer possessing 28+ years of experience, "DMV Guru" Attorney Rick Mueller teaches other California criminal defense attorneys at various seminars including:

1) The

Annual DUI Seminar

sponsored by the American Bar Association in LA California.

2) California Attorneys For Criminal Justice

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

.

Online assistance at the touch of your fingers right here at:

DUI Lawyer Survey & Consultation URL

.



Check out this Video of California DUI & DMV Lawyer

Thursday, May 5, 2011

DUI cases continue to embarrass Major League Baseball - now the players’ union is negotiating a policy that will discipline players for DUI arrests

DUI cases continue to embarrass Major League Baseball. Now the players’ union is negotiating a policy that will discipline players for DUI & alcohol-related arrests.

But, for the remainder of 2011, professional baseball players can get arrested for DUI with minimal threat of punishment.

So Shin-Soo Choo, Derek Lowe, Adam Kennedy, Coco Crisp, Austin Kearns, and Miguel Cabrera) suffer no professional consequences for their DUI arrests this year.

For a sport that a little more than two years ago lost Los Angeles Angels pitcher Nick Adenhart when the car he was a passenger in was broadsided by a drunken driver baseball’s willingness to let DUI offenders walk sends the wrong message – again and again and again and again and again and again this year.

While the union has every right to defend its players from undue workplace reprimand for off-field activities, drunken driving is injurious enough to the sport and teams’ reputations that any hard-line stance in bargaining won’t come off well to MLB or the public. One union source said the MLBPA is on board with discussing a progressive punishment policy but would not commit to suspensions for first-time offenses until negotiations necessitate it.

For the new policy to have any teeth, suspensions are a must. Even if MLB can’t prove with concrete numbers that player DUIs harm the business, sports remain a public trust and drunken driving remains a public cause. Baseball can’t claim to be the wholesome sport of old without a laugh track roaring in the background. It also doesn’t want a reputation as NFL 2.0, where you haven’t officially arrived until you’ve got a rap sheet.

Unlike in the NFL, where commissioner Roger Goodell’s personal-conduct policy is unilateral and inconsistent, MLB and the union would negotiate proper discipline. There is precedent for off-field activities causing suspension, whether via the cocaine trials in the ’80s or John Rocker’s ban for racist, bigoted and homophobic comments, and the good working relationship between baseball and the union should facilitate the new rules.

It also upholds the loophole that will allow a period of relative DUI amnesty. MLB could pursue a suspension against a player for “just cause,” though the ill will it would engender with the union, as well as the shaky legal grounds of such a maneuver, make it highly unlikely.

The onus, in the meantime, is on the players to cure themselves of remarkable stupidity. The six arrested this year have earned more than $200 million combined in their careers. Any could get a taxi. Not a fare. The whole vehicle, medallion and all.

The extreme nature of Choo’s BAC is frightening. So was the entirety of Cabrera’s arrest, his second that followed a heavy bout of drinking. His car broken down, a bottle of scotch in his hand, asking police officers to “shoot me, kill me,” Cabrera was hauled off to jail and seemed headed toward rehabilitation. Instead, MLB and the union agreed to let him play as long as a sponsor traveled with him and he attended counseling.

There is no easy fix. Alcohol, whether it’s a sustained problem or a one-time slip-up, is so pervasive in baseball that it’s not going away any time soon. Part of the solution is a union-sponsored education and prevention program that encourages responsibility.

One source said the union has discussed an on-demand car service, and the logistics can make sense: If the union retains a limousine company in each of the 28 major league cities, it can give players a safety valve while keeping any possible indiscretions anonymous from the team. Club-sponsored limos are fine, but call often enough and it could ruin a player’s reputation.

By upping dues slightly, the MLBPA could run a one-year pilot program to test usage and efficacy, relying on union representatives and veterans to use the service when out with teammates. If received well, it could become a standard part of every player’s night out.

Not every player is going to be so conscientious. Some will be too stubborn or too drunk to care, and all baseball can hope is that nobody gets hurt. Batting 1,000, the league is lucky this year, 6 for 6.

Available to the public is a California DUI Defense Evaluation for San Diego DUI cases

Available to the public is a California DUI Defense Evaluation for San Diego DUI cases

simply click on this URL or Google

. That way, you can get feedback on a tactic. You also can save your license to drive in California or out of state.

California Drunk Driving Attorney Rick Mueller proudly presented for the

Annual DUI Seminar

sponsored by American Bar Association in LA.

San Diego California Criminal Defense Attorney Rick Mueller provided a wonderful lecture at the California Attorneys For Criminal Justice

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

.

Those California DUI and criminal attorneys present informed Mr. Vince Tucci, then the President of the California DUI Lawyers Association, how San Diego California DUI attorney Rick Mueller's contributions were exceptional and helpful.


To peruse additional data or get feedback by a DUI attorney in California:

California San Diego DUI Lawyer

Wednesday, May 4, 2011

New hand-held breath estimators are defective and may lead to the dismissal of many of 865 DUI cases in Santa Clara County

San Diego California DUI attorneys are told that new hand-held breath estimators are defective and may lead to the dismissal of a number of 865 DUI cases in Santa Clara County.

The District Attorney's Office will drop many since San Jose police officers used the Alco-Sensor V breathalyzer as an FST (field sobriety test).

These defective gadgets show incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube.

DA Attorney Prosecutors always offer these gadgets' numbers as evidence and judges buy into this garbage.

California DUI criminal defense lawyers expect fair treatment regardless of high the number is.

In even in the previous Alco-Sensor IV model, San Diego California drunk driving lawyers contend the absence of a mouth alcohol detector (or slope detector) makes these estimators inaccurate hand-held gadgets.

San Diego DUI defense attorneys know that positive false positives register on these unreliable contraptions. A blower with no alcohol in one's body can eat white bread (e.g. Wonder bread) or soy sauce which then produces a false positive numerical reading.

Northern California cops starting using these gadgets six months ago but ceased a few days ago after discovering the tests are not reliable.

Crime lab officials, prosecutors and attorneys know Ventura County authorities began reviewing hundreds of similar cases with the same problems.

DUI Defense lawyers have clients who blew into the device but refused to later give a blood test, making them now suspect, since authorities could lose their main piece of evidence.

Says one California PD DUI lawyer: "This information casts even more doubt on the validity" of these tests.

60 defective Alco-Sensor V's were shipped back to the manufacturer five days ago.

The company that makes the gray and yellow instruments, St. Louis-based Intoximeters, says on its website that the breathalyzer was approved by the U.S. government's National Highway Traffic Safety Administration, an apparently dubious approval.

Tuesday, May 3, 2011

Celebration in order in Cleveland as Indians "pour it on"

Cleveland Indians are red-hot, on fire and taking the American League by storm.

Cause to celebrate?

Maybe. Star slugger Shin-Soo Choo was arrested for DUI yesterday so someone is partying.

Drunk Driving Police in Sheffield Lake, Ohio, claim Choo failed a field sobriety test and allegedly registered a blood-alcohol level of .201, more than 2 1/2 times the legal limit in Ohio.

"We are aware of the incident with Shin-Soo Choo and have spoken to him about it. The Indians organization takes these issues very seriously and we are disappointed," general manager Chris Antonetti said.

But we're kickin' butt and trying to win a pennant he could add.

AL Central-leading Indians' Choo bats .250 with 4 homers, 15 RBIs and a .322 OBT.

Outfielder Austin Kearns was also popped for DUI a few months ago.

Monday, May 2, 2011

Early Reinstatement of License upon installation of Ignition Interlock Device for Second (2nd) California DUI within 10 years

To get an Early Reinstatement of a License to drive, within 90 days after a 2nd DUI (Vehicle Code section 23152) conviction, as long as you were not on DUI probation, as long as there was not a Refusal of chemical test and as long as no drugs were involved, you can be eligible if you enroll in a San Diego California alcohol program by calling:

(858) 467-6810 [Central San Diego]
(760) 752-5300 [North County]
(619)741-8147 [ East County] or
(619) 409-1780 [South County].

For a complete California statewide list of programs, go to http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf.

Inform them you should be eligible for a DMV Early Reinstatement of a License effective 90 days from the effective date of a suspension arising out of a conviction. *

Tell them you want a "DMV Referral or Early Reinstatement of License with IID Installation" until/unless you have court papers referring you to the program called a "Court Referral."

The DMV Notification of Findings and Decision issued after the hearing entitles you to such a DMV Referral or Early Reinstatement of License with IID Installation. If the program tells you that you first need the court papers and you don't have them for whatever reason, ask to speak with the Director of the program or the person's supervisor. You should also be able to use the original pink temporary in addition to the DMV decision. If they offer any resistance, let them know the State Licensing Board may want to know about a program which is unjustifiably denying enrollment.

These are new laws and many people at the program and DMV are confused. They may try to tell you to go to DMV and get an "H-6" driver record printout; you may ask if you can bring the pink temporary and/or the DMV decision.

If you have any questions about your eligibility, please call DMV's Mandatory Action Unit at (916) 657-6525.

After ninety days from conviction, once you are enrolled in the program, and have proof of that enrollment to take to DMV, you can get a restricted license as long as you also have contacted your insurance company who will electronically file an "SR-22" (proof of insurance certificate, not insurance id card), install an Ignition Interlock Device (IID), and as long as you pay the reissue fees to DMV.

An Ignition interlock device (IID) is a mechanism similar to a breathalyzer which is installed in a vehicle's dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is over a programed blood alcohol concentration the vehicle will not start.

To get an IID installed, simply contact Chick Richardson's reliable Advantage Interlock Company at clientcare@advantageinterlock.com or email Chick directly at crichardson@duipros.net with any questions.

Visit http://advantageinterlock.com/ for details. Or Call 1-800-961-4684.

Installation on a San Diego county vehicle is probably at 7740 COPLEY PARK PLACE, 92111. You may want to make sure you only have one vehicle in your name.**

Although there is some confusion in the Vehicle Code where it says: "To install on every vehicle the person owns or operates"**, according to Chick, both the police and DMV are only requiring one (1) proof of installation to satisfy either's requirement.

Usual Cost:
Installation: $25 for 95% of all cars some high end imports and push button start cars can/will cost more, case by case basis
Monthly monitoring: $75

To make a DMV appointment online for that day, visit https://eg.dmv.ca.gov/foa/clear.do?goTo=officeVisit.

So just call the program, the IID company, and the insurance company to do these things.

The program will send proof of enrollment to DMV.

Once you have the proof of enrollment and SR 22 in place, you just go to a local DMV field office and pay any reissue fees for the restricted license.

There are considerable delays between calling for an orientation appointment (so you can get proof of enrollment) and between getting proof of DMV receiving it.


More information on San Diego's Alcohol Program & the IID laws

The Program is the provider authorized by both the Court and DMV. If convicted in court and assigned a program as part of your probation, or if DMV sends you a decision suspending your license or driving privilege, you will be required to participate in the program.

Central District
9245 Sky Park Court, Suite 101
San Diego CA 92123
Phone: 858-467-6810
San Diego State University DUI Program
http://www.sdsuduip.com/


East County Accord
7474 El Cajon Blvd.,
La Mesa, CA 91941
619/741-8147(760) 752-5328


Metropolitan Area Advisory Committee MAAC
1355 Third Avenue
Chula Vista, CA 91911
Phone: 619-409-1780
MAAC Project
http://www.maacproject.org/

Occupational Health Services
1050 Los Vallecitos Blvd., Suite 109
San Marcos, CA 92069
Telephone: (760) 752-5300
http://dui-school.com/California/driving_schools/?id=992


IID

*CVC § 13352(a)(3) says:

The department shall advise *** the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3 (resulting from any DMV administrative per se hearing suspension) *** subject to the following conditions:

(A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation."

...
(D) The person submits the 'Verification of Installation' form ...."

CVC § 13352.5 = Work-related restricted license continues to be available to second-time offenders after 12 months, but IID restricted license available after just 90 days.

** Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.

Sunday, May 1, 2011

Try a Free California DUI Lawyer Evaluation

at online DUI consultation

Try a Free California DUI Lawyer Evaluation

at this online DUI consultation survey

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Why use San Diego County's Attorney Specialist in DUI and DMV Law now

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To prevail, all a California DMV attorney has to do for you is successfully challenge just 1 of the 3 required DMV issues to avoid the administrative suspension of your driving privileges & you save the DMV reissue fee and/or SR-22 Insurance filing!

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In order to save your driver's license & driving privileges, your San Diego DUI lawer has only 10 calendar days to contact DMV!