Thursday, May 31, 2012

How a holder of an out of state driver's license can terminating a California DMV Suspension Action after a San Diego DUI - steps suggested by attorneys

Drivers with a license from a state other than California sometimes face tricky situations after a San Diego DUI arrest.

California DMV may have suspended the out-of-state driver's privilege to operate a motor vehicle in California. The out-of-state person may have a valid out-of-state license but California DMV imposed a suspension after a San Diego drunk driving arrest.



Once the California DMV suspension period is over, steps can be taken to terminate the suspension action so no negative repercussions happen to one's home state driver's license.

In this new San Diego County DUI Lawyer Center article, attorney Rick Mueller lists the important steps needed to correct this problem. A simple phone call to Sacramento requesting these forms will get you on the right track if you face this issue.

Wednesday, May 30, 2012

To rebut the DMV's generous presumption of reliability of BAC results, San Diego DUI lawyers may show a failure to follow a state standard or regulation

Driving is key to most San Diegans and Californians. California Code of Regulations, Title 17 remains the center of much DMV excessive BAC administrative hearing cases.

San Diego DUI defense attorneys who show any failure to adhere to any regulation or standard, rebut the presumption of reliability of the excessive BAC test results, according to Davenport v. DMV, Coombs v. Pierce and Robertson v. Zolin California cases.

This new San Diego County DUI Law Center Article outlines the DMV's Excessive BAC Manual language. This is a continuing series of updates to the internal hearing manual used by the Department of Motor Vehicles in California.

Tuesday, May 29, 2012

"Time" of Driving / Arrest-Detention / Test Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings

Examples of Cases your California DUI Defense Attorney should win at San Diego DMV License Hearings, if:

1) DMV cannot establish Time of Driving.

2) DMV cannot establish a Chemical Test within 3 Hours of Driving.

3) DMV cannot establish Driving.

4) DMV cannot establish Time of Lawful Arrest/Detention.

5) DMV cannot show sufficient Probable Cause.



California DMV has provided its hearing officers with a training manual as to establishing time frames. The verbatim contents of Time of Driving, Time of Detention, Time of Arrest and Time of Test are set forth in this new San Diego County DUI Law Center article by lawyer Rick Mueller.

If DMV cannot establish proper times, they are directed to subpoena the Drunk Driving Arresting Officer. Otherwise, they must take no action against the accused driver (respondent).

Monday, May 28, 2012

Avoiding a DUI in California over Memorial Day may be easy or lucky, depending on whether you follow these valuable tips by Drunk Driving Criminal Defense Attorney Rick Mueller of the San Diego County DUI Law Center

Avoiding a DUI in California over Memorial Day may be easy or lucky, depending on whether you follow these valuable tips by Drunk Driving Criminal Defense Attorney Rick Mueller of the San Diego County DUI Law Center. As a precaution to motorists, DUI lawyer Rick Mueller has posted these San Diego California drunk driving checkpoint locations all weekend long. If you are drinking today, make sure you have a designated driver, avoid the drunk driving roadblocks throughout California and be safe. Happy Memorial Day!

Sunday, May 27, 2012

Less San Diego and California DUI arrests this year by CHP, lawyers are told

California DUI cops in San Diego arrested 43 people for DUI compared to 51 for the same period last year. CHP made 845 California DUI arrests, compared to 897 in 2011 and 5 drunk driving California deaths, attorneys report. California Highway Patrol officers in San Diego County made 43 DUI arrests, down from 51 drunken driving arrests made in 2011, lawyers are told. CHP officers made 845 California drunk driving arrests so far over Memorial Day weekend compared to 897 drunk driving arrests in 2011. No DUI fatalities were reported either year in San Diego County.

Saturday, May 26, 2012

Even retired porn stars can find themselves facing a DUI in California and needing to hire a California DUI Lawyers Association Specialist Attorney

Retired Pornographic Movie Star "Jenna Jameson" faces California DUI attorney choices after hitting a light pole which got in the way of her car yesterday.

Jenna, a previous adult movie actress, 38, has been called the world's most famous adult-entertainment performer. The Queen of Porn was booked for drunk driving, cited for Vehicle Code Section 23152 et.seq. and later released, according to San Diego DUI lawyers.

California DUI cops did some sort of field sobriety testing despite injuries to her.

The drunk driving police claim there were signs of intoxication. However, symptoms can often be misinterpreted, particularly after a hard collision.

This DUI accident happened at 1:30 a.m. in Westminster, California. There are a number of excellent lawyers who work out of that courthouse and get excellent results. Specialists recognized by California DUI Lawyers Association also are available there.

Jenna started acting in erotic videos in 1993 after being a stripper & glamour model.

Her first such movie - "Briana Loves Jenna" (with Briana Banks) - won the 2003 AVN Award as the best-selling and best-renting pornographic title for 2002.

Jenna's picture has towered on a 48-foot-tall billboard in New York City's Times Square. Playboy TV hosts her Jenna's American Sex Star reality show where aspiring porn stars compete for a Club Jenna contract.

She regularly appeared on The Howard Stern Show, E!, television's Wild On!, and Talk Soup programs, a 2001 episode of the Fox television sitcom Family Guy, an award-winning voice-over role in the 2002 video game Grand Theft Auto: Vice City; and a guest-starring role in 2 episodes of the 2003 NBC television series Mister Sterling.

Her 2004 autobiography - "How to Make Love Like a Porn Star: A Cautionary Tale" - was on The New York Times Best Seller list for 6 weeks.

She created a horror comic book with Virgin Comics entitled Jenna Jameson's Shadow Hunter, released in February 2008. She played the female lead character in the 2008 horror-comedy Zombie Strippers.

Friday, May 25, 2012

Military Police who make DUI Arrests in California must meet certain requirements before DMV can rely upon their actions, attorneys point out

In San Diego county, there are a number of military bases including Coronado, Miramar and Camp Pendleton. Military Police sometimes trigger California DUI arrests. The legal or lawyer question becomes can DMV use that Military Police DUI arrest?

There are three requirements posted in California DMV's APS DUI Manual mentioned in this article published by San Diego County DUI Law Center:

1. Did the Military Police receive peace officer training requirements given in California Penal Code §832?

2. Did the Military Police enforce California state laws on U.S. Government property?

3. Did the local sheriff or chief of police in whose jurisdiction the property is located has given them written consent to make arrests on property adjoining the military reservation?

Attorneys must object at the California DMV license hearing to any San Diego or county DUI evidence DMV offers without first make a proper evidentiary showing of all 3 requirements.

Thursday, May 24, 2012

San Diego Motorists must be careful Memorial Day Weekend beginning with Lemon Grove's Friday Night California drunk driving checkpoint, attorneys warn

San Diego County DUI Law Center's free drunk driving checkpoint locator may be busy this holiday weekend helping warn motorists enjoying themselves, lawyers warn.

Friday Night's San Diego county California DUI checkpoint is May 25th, 2012 from 7:00 PM to 2:00 AM, drunk driving police working for San Diego Sheriff’s Department will trap motorists with a Drunk Driving checkpoint at about 7900 Broadway, Lemon Grove, California, attorneys are told.

DUI fatalities in California go up summertime. Memorial Day weekend is a big travel period of the summer season and the first weekend after a number of college and high school graduations.

The San Diego county California drunk driving checkpoint will be hosted by fifteen donut-eating and coffee-drinking DUI deputies.

The promoted police purpose of the checkpoint is to allegedly remove impaired & unlicensed drivers from society.

California's checkpoints' real purpose is to generate much needed revenue for the government.

California dui cops plan a big crackdown over the entire Memorial Day weekend, setting up roadblock traps, drunk driving checkpoints and extra DUI patrols throughout San Diego County.

Fourteen San Diego County dui cop agencies arrested 129 people on suspicion of DUI on Friday and Saturday of the 2011 Memorial Day weekend, sixteen less than in 2010. California Highway Patrol cops arrested 897 DUI drivers over that weekend, a decline from 1,029 in 2010,

Wednesday, May 23, 2012

Lawsuit over unlawful California DUI checkpoint police activity

San Diego's DUI checkpoints in Escondido are notorious for being disguised ways of catching illegal immigrants without licenses so their vehicles are impounded and $$$ is made.

California law recently stopped DUI cops from immediately impounding the cars of people who have done nothing wrong besides not having a license, criminal defense attorneys proclaim.

Historically, the first count in a new lawsuit by ACLU happened in January 2011, when 2 folks named Bologna and Worts were actively and rightfully protesting a San Diego California DUI checkpoint from a Valley Parkway sidewalk.

One Escondido officer, citing a California vehicle code section regarding the sales of merchandise within 500 feet of a freeway ramp, claiming they had to move.

The ACLU informed Escondido of its concerns. Then four months later, CHP officers cited the same code section when the men were legitimately protesting an Escondido drunk driving checkpoint near Broadway and Lincoln Avenues.

California DUI cops up in Northern San Diego County Inland claim drunk driving roadblocks are strictly for public safety and discriminate only against people who are breaking the law, regardless of ethnicity.

The CHP told the ACLU its officer was concerned with “driver safety, as he believe passing traffic was being distracted by the protest signs.”

April 24, 2012 Mr. Bologna was videotaping another California drunk driving checkpoint when two Escondido DUI officers ordered him to move away.

If you or your loved one want to know the locations of California DUI checkpoints and drunk driving roadblocks in the county of San Diego, visit this free attorney site. It might save you $10,000 over Memorial Day Weekend.

A California Driver has the right to avoid a checkpoint regardless of DMV's failure to put that law in their DUI Manual, attorneys point out

The good thing about California DMV's DUI APS Hearing Officer Manual is that it does correctly state most of what is correct about DUI Checkpoints' Constitutionality Requirements.

The bad thing is DMV conveniently fails to acknowledge the cases and law which permit California motorists to avoid the roadblock, San Diego DUI attorneys point out.

One's right to escape a drunk driving checkpoint prior to entry should not be treated lightly. For the public, here's a free San Diego DUI attorney site showing the locations of checkpoints & roadblocks throughout the county.

In the California DUI Checkpoint Article by San Diego County DUI Law Center, Lawyer Rick Mueller mentions DMV expediently omits the important criteria and occasionally claims no case law permits the right to avoid or the right to an escape route. DMV is wrong when it does that.

Here's a sample of this Article:

"There are at least Twenty (20) published cases from eleven (11) other States as well as one Federal Court, and additionally one Law Review article on the very subject, nationwide (that’s almost two (2) dozen published cases from a little more than one fifth of the entire Nation, which is a very, very far cry from “no… authority has held that … checkpoint(s) must have an escape route”). Citing: 1) Murphy v. Commonwealth, 9 Va. App. 139, 384 SE 2d 125 (1989) 2) State v. Binion, 900 S.W.2d 702, 706 (Tenn. Crim. App. 1994) See Sec. 11.1.1 (“Evasion of Sobriety Check-points”) in “Drunk Driving Defense, 5th Edition”, 3) People v. Rocket, 594 N.Y.S.2d 568 (Just. Ct. 1992), 74 ALR 5th 319 at § 14; 4) Howard v. Voshell, 621 A.2d 804 (Del. Super. Ct. 1992), 5) State v. Powell, 591 A.2d 1306 (Me. 1991), 6) State v. Badessa, 373 N.J. Super. 84, 860 A.2d 962 (App. Div. 2004) Order granting suppression upheld on appeal by the people in State v. Badessa, (Badessa II) 185 N.J. (2005) 303; 885 A. 2nd 430; 7) People v. Bigger, 771 N.Y.S.2d 826 (J. Ct. 2004). 8) Com. v. Scavello, 734 A.2d 386 (Pa. 1999); 9) Com. v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987); 10) Com. v. Blouse, 531 Pa. 167, 611 A.2d 1177 (1992); 11) State v. Talbot, 792 P.2d 489 (Utah Ct. App. 1990); 12) State v. McCleary, (1997) 251 Neb. 940, 560, 560 N.W. 2nd 789; 13) Bass v. Commonwealth, (2000) 259 Va. 470; 525 S.E. 2nd 921; 14) Pooler v. MVD, (1988) 306 Or. 47, 755 P.2nd 701; 15) State v. Hester, (2004) 268 Ga. App. 501; 16) People v. Banks Cal. considered the case of (17) People v. Rister, 803 P. 2nd 483 (1990); 18) Orr v. People, 803 P. 2nd 509 (1990), Rister, was also cited in 19) McDonald v. Department of Motor Vehicles, 77 Cal. App. 4th 677 (2000). See also US v. Faulkner, (9th Circ. 2006) 450 Fed. 3rd 466 at p. 468."

Tuesday, May 22, 2012

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, lawyers remind

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, according to knowledgeable attorneys in this field.

In this new Article, Criminal Defense Attorneys emphasize the law really hinges on what is going through the California peace officer’s brain at the time of his or her decision to make a San Diego vehicle stop. In determining the lawfulness of a stop, what the DUI cop finds out “after” the contact is not important in that regard!

There is no After-Acquired Facts Exception to the California Evidence Code. Also, there similarly is no “just to explain the San Diego DUI officer’s subsequent conduct” exception: “Subjective intentions [of cops] play no role in … 4th Amendment analysis.” Whren v. United States (1996) 517 U.S. 806, 813. “Detention” standards apply in determining the legality of California vehicle stops (and ensuing searches & seizures). “The decision to stop an automobile [without a warrant] is reasonable where the police have probable cause to believe a traffic violation has occurred.”

Saturday, May 19, 2012

Drunk Driving arrests, California convictions, Superior Court penalties, and DUI/alcohol/drug-related accident deaths are among the key categories of items released in new Report, lawyers say

Drunk Driving arrests, California convictions, Superior Court penalties, and DUI/alcohol/drug-related accident deaths are among the key categories of items discussed by attorneys in this report by DMV:

1. 195,879 people in California were arrested for DUI in 2010

2. Median age of a person accused of DUI in 2010 was 30 years

3. 77.2% of 2009 DUI arrests resulted in convictions

4. Alcohol/drug-involved accident deaths decreased by 15.2% in 2010

This California DMV annual DUI - MIS data system and report made improved changes to the ID of inappropriate reporting of DUI conviction data from California Superior courts to the DMV, lawyers say. San Diego Attorneys are also told the system created major initiatives to improve the tracking and reporting of DUI cases.

2012 California DUI Management Information System (DUI - MIS) report tracks the processing of offenders through the DUI system from the point of drunk driving arrest to DUI - related conviction and license actions.

DUI accident crashes are mostly alcohol related, but drug involved deaths rose by 63% during the last 10 years.

California's DUI report says when drugs are involved in death crashes the number of fatalities rose from 428 in 2000 to 696 in 2010. A total of 1,416 people were killed in accidents in 2010 in which alcohol and/or drugs were involved.

DMV's report said # of drivers between eighteen and twenty years of age involved in alcohol related fatal and injury crashes increased from years 1999 to 2009. But it did show that the number of drivers under age 18 involved in the same types of crashes decreased over the past 10 years.

Friday, May 18, 2012

"DUI Search & Seizure" according to California DMV - new San Diego DUI Attorney Article about Consensual Encounters, Detentions, Problems, Case Law, Exigent Circumstances, Citizen Arrests & other DUI Info

Yesterday, San Diego County DUI Law Center's Rick Mueller published an article about Probable Cause & Lawful DUI Arrests.

Today Attorney Mueller wrote a new DUI article about California DMV's views on Search & Seizure, Consensual Encounters, Detentions, Problems, some Case Law, Exigent Circumstances, Citizen Arrests and Distinct Offenses, using verbatim language from DMV's own APS (DUI license hearing) Manual.

At the same time, this new San Diego county Saturday Night DUI checkpoint location was announced by California DUI Lawyers Association's Rick Mueller.

Thursday, May 17, 2012

What California DMV says about reasonable cause to make a California DUI arrest, published in Lawyer Rick Mueller's new San Diego article



According to the DMV administrative hearing Manual, reasonable cause to make a California DUI arrest is a greater interference with the privacy and freedom of the driver, compared to probable cause to stop a California motorist, and requires the California DUI arresting officer to have facts that can be easily articulated to show the person was "DUI."

San Diego County DUI Law Center Attorney Rick Mueller's latest Article further demonstrates that DMV believes a California DUI officer must have reasonable cause to believe at the time of the DUI arrest, that the person was driving under the influence (DUI).

What the California DUI officer learns later cannot create reasonable cause if it did not exist at the time of arrest. DMV goes on to say, for example, in a doubtful case, a California DUI officer may try to get a blood alcohol test without an arrest or without a drunk driving arrest.

Tuesday, May 15, 2012

"California DUI Officer, please don't assume the condition of my eyes, speech or gait has to do with being DUI"



At California DMV's administrative hearings, how can defense attorneys contend the purported "Symptoms" of Intoxication are not necessarily proof of being DUI or even related to alcohol?

San Diego DUI defense lawyers may now use this language from the new DMV Manual:

"Objective symptoms of intoxication can also occur for reasons other than intoxication such as:

• Bloodshot/watery eyes can be due to crying, contact lenses’, allergies, or other eye irritations.

• Nystagmus occurs naturally in some persons.

• Gait or balance problems could be due to musculoskeletal problems, injuries, or a prior stroke.

• Slurred speech could be due to an impediment or a residual effect from a stroke.

• Drowsiness could be due to fatigue or lack of sleep."



San Diego County DUI Law Center has published this new DUI / DMV article relating to this California reasonable cause issue.

Wednesday, May 9, 2012

What exactly is "Driving" as defined by the California Supreme Court and why does the DMV not correctly reference the Mercer DUI case, lawyers ask??



DUI Lawyers hotly contest the issue of "Driving" when there are questions regarding the proof of volitional movement within 3 hours of a California chemical test.

This new Article encompasses the California Department of Motor Vehicles' Driver Safety Manual and California Supreme Court case law when there is insufficient evidence to establish the issue of driving.

DUI Defense Attorneys handling San Diego administrative per se hearings at DMV may be quick to request a Hearing Officer to follow their own Manual.

One problem is that the manual has some incorrect language which misquotes and/or oversimplifies the California Supreme Court's requirement of driving / volitional movement of the vehicle.

For instance, this Manual reference to "Caveat" is not stated correctly:

"Caveat: Since the Mercer State Supreme Court case in 1991, and a change in the Vehicle Code, effective January 1, 1993, “actual physical control” is no longer a requirement to uphold an APS case. A lawful arrest can be made pursuant to §40300.5 VC when an individual behind the wheel is legally parked with the lights on and the engine running, and does not move the vehicle in the presence of an officer or there are no other witnesses that observed driving."

If you think asking a DMV hearing officer to follow the law rather than the manual is easy, talk to a DMV / DUI defense attorney who regularly appears at the DMV Office of Driver Safety, Department of Licensing in San Diego California.

Tuesday, May 8, 2012

Video and New San Diego Lawyer Article show attorneys how to Attack California DMV DUI Hearing cases

San Diego DUI Criminal Defense Attorney Rick Mueller displays this excellent California DMV hearing lecture by explaining to other lawyers various ways of considering how to properly defend a driver's license administrative hearing. Keeping in mind DMV begins with documents, the initial steps are outlined in this new drunk driving defense attorney Article. For more information, click on the above video and article.

Monday, May 7, 2012

8 DUI arrests by Escondido after loads of drunk driving suspicion stops & 3 San Diego State University area DUI arrests, lawyers announce



Last week, prior to Cinco De Mayo, as a service to the people of this county and holiday revelers, the San Diego County DUI Law Center posted the locations of California DUI saturation patrols and Drunk Driving Checkpoints at this lawyer article and on this free attorney site.

11 drivers were arrested in the warning areas. 8 San Diego DUI arrests happened in Escondido. 3 DUI arrests were in San Diego State University area.

It was a major police effort to try to pick up drunk drivers off San Diego county California roads for Cinco de Mayo holiday weekend.

To give you an idea of how overzealous the cops were in in Escondido, drunk driving cops stopped 49 drivers but only arrested 8 for DUI.

Sunday, May 6, 2012

Last Night's Imperial Beach California DUI Checkpoint results in NO drunk driving arrests, raising attorneys' questions about the waste of money for DUI checkpoints in San Diego County!



Cinco De Mayo Saturday night at Palm Ave and Ninth Street in Imperial Beach, from 8:30 to 2:30 a.m., San Diego county California was the silly location for a DUI checkpoint trap which resulted in zero Drunk Driving arrests. Here are the obvious lawyers' questions:

Waste of time?

Waste of money?

Waste of taxpayer revenue?

Waste of motorists' patience for unnecessary intrusion to the tune of over 1,000 vehicles?



DUI cops in San Diego area operate under a so-called Mobilization Theme of “DRIVE SOBER, OR GET PULLED OVER”, but instead of patrolling the streets looking for drunk drivers and "pulling them over," these cops set up stationary coffee & donuts barricades to mess with over a thousand motorists resulting in no DUI arrests, attorneys shockingly learned today.

Drunk Driving Donut Deputies from San Diego County's Imperial Beach Sheriff’s station set up this roadblock under the so-called Theme of a driving under the influence/driver’s license Checkpoint. Here's the numbers:

VEHICLES CONTACTED: 1061

VEHICLES ALLOWED THROUGH TRAP WITHOUT CONTACT: 10

(Maybe these ten were the DUI drivers?)

TOTAL VEHICLES TRAPPED: 1071



VEHICLES ORDERED TO SECONDARY DUI AREA: 35

FIELD SOBRIETY TESTS GIVEN: 2

23152 ALCOHOL ARREST TOTAL: 0

23152 DRUGS ARREST TOTAL: 0



Drunk in Public, Penal Code 647f Arrests: 3

(In a car but not driving?! So don't get a designated driver? Is that the message?)



DONUTS CONSUMED: UNKNOWN

COFFEE DRANK: LOTS

VEHICLES STORED: 3

CITATIONS ISSUED: 18

12500(a) California Vehicle Code (VC) (Unlicensed) 6

14601.1(a) VC (Suspended) 2

12951(a) VC (DL not in possession) 7 (infraction)

Friday, May 4, 2012

Alien Immigration Attorney Issues if a California DUI



San Diego DUI Criminal Defense Lawyers need to assess immigration possibilities before any conviction in California Superior Court. Smart criminal defense attorneys make sure any drunk driving plea deal is favorable and exclusion-proof, i.e. avoiding any possible deportation or exclusion from the United States.

San Diego California DUI cases more often than not have nothing to do with the starting point for standard for U.S. deportation: "moral turpitude".

So aliens regularly correctly believe they will not face deportation for a simple DUI conviction, as long as other deportable/excludable/moral turpitude facts - including but not limited to drugs - are not involved.

Alien criminal defendants probably would not enter a DUI plea if advised of the possibility of deportation by the California lawyer.



Thursday, May 3, 2012

Attorney/Police Tips to Avoid a DUI on Cinco De Mayo in San Diego California

Don't want to get a DUI over Cinco De Mayo Weekend in California? Cinco de Mayo is a special time to get with good friends and coworkers for Margaritas and fine Mexican cuisine to celebrate California’s rich cultural diversity.

Here's one DUI lawyer's tips found on the website of San Diego County Sheriff's Department:

• Arrange rides home for your friends, family, co‐workers and yourself before drinking begins.

• Identify and provide free non‐alcoholic drinks or other promotional items to the Designated Driver.

• Cut back on the amount of drinks you plan to bring to the party – and provide plenty of food.

• If you see dangerous driving, Report Drunk Drivers – Call 911.

“There's no excuse for drunk driving,” proclaims Director of California's Office of Traffic Safety Chris Murphy. “Before heading out for the celebration, just take one minute to designate your sober driver.”

San Diego bars have cheap Cinco De Mayo "specials".

California DUI stats show the greatest number of DUI deaths and injuries occur late Saturday night early Sunday before dawn.

San Diego's Avoid the 14 DUI Task Force are hitting the streets with heavy DUI patrol vehicles Cinco De Mayo, May 5th from 6:00 p.m. to 2:00 a.m. in Escondido and around San Diego State University.

Wednesday, May 2, 2012

What is the DMV Issue "Reasonable Cause" have to do with in San Diego DUI driver license hearing cases?

Initial considerations given by one's California DUI lawyer in San Diego DMV hearings include the very first thing DMV must prove before one's license can be taken away. California has the burden of proof on all issues. Here's number one:

Did the San Diego California DUI officer have reasonable cause to believe the person had been driving a motor vehicle in violation of §23152, §23153 VC, or §23136 and/or §23154 VC?

California's DMV Hearing Officer Manual states, in part:

"Reasonable cause means something more than a mere hunch or suspicion, but less than the amount of evidence needed for proof beyond a reasonable doubt. The officer does not need conclusive evidence of criminal guilt. The facts known to the officer must lead a "reasonable person" with the same facts, to conclude the person was driving a motor vehicle while under the influence. Would a person of "ordinary care and prudence" believe that the driver was guilty?

Reasonable cause has the following components or sub-issues which all must be present and established by evidence if a positive finding is made on the issue. These components all deal with the peace officer's beliefs about the person under investigation.

The officer must have: • Reasonable cause to believe the person was driving a motor vehicle. • Reasonable cause to believe the person was under the influence of alcohol and/or drugs. • Reasonable cause to believe the person was driving while under the influence."

Numerous challenges, including unreasonable cause documents, arise. From inaccurate DUI police observations to impossible officer conclusions and determinations, an attorney has a number of things to consider when evaluating San Diego DMV hearing evidence.

Tuesday, May 1, 2012

Why do some California DUI Lawyer sites suggest DMV cases cannot be won? San Diego DUI Attorneys In-The-Know CAN avoid a suspension; it is not automatic "no matter what"!



Why do some California DUI Lawyer sites suggest DMV cases cannot be won?

San Diego DUI Attorneys In-The-Know CAN avoid a suspension; it is not automatic "no matter what"!

In San Diego DMV actions, the attorney orders the California DUI discovery, conducts a review and analysis of DMV's evidence, prepares a strategy or tactic based on the lack of evidence needed to sustain a burden of proof of all of the issues and proceeds to the hearing with the plan of winning the hearing and avoiding the suspension.

Statistically, one's chances of winning a DMV hearing or avoiding any suspension are increased by the quality and knowledge of his or her San Diego California DUI Attorney. A California DUI Lawyers Association (CDLA) certified Specialist Attorney will further enhance one's prospects.

Deciding to rely on untrue California "DUI Lawyer" sites incorrectly stating there will be a SUSPENSION NO MATTER WHAT is like raising a white flag. Why do it? While this is not the Alamo, it's not impossible. Why else would there be in place laws to protect the drivers and San Diego DUI defense attorneys experienced at winnable issues who teach other lawyers how to approach these administrative actions?!