Wednesday, October 31, 2012

In California, if you see an unsafe driver out there or if you know someone who may be an unsafe driver, you can anonymously make a request for a re-examination that is handled in confidence, DMV attorneys say - 94% blind man issued driver's license by California DMV, DUI lawyers report

In California, if you see an unsafe driver out there or if you know someone who may be an unsafe driver, you can anonymously make a request for a re-examination that is handled in confidence, attorneys say.   Drive through Rancho Bernardo and watch some of these elder people drive.  Keep both hands on the wheel.  Sometimes police involved in a DUI case notify DMV.  


Ultimately, California DMV usually ask the driver for medical records, check with a doctor to complete an evaluation form, and/or require a driving test.  San Diego lawyers know.


 41,000 folks in 2011 had to prove their ability to drive after concerns about their driving were reported by police, doctors, friends, neighbors or others - even family members.  Why?  Dementia, physical disabilities, vision loss, impairment due to DUI / alcohol or drugs, and just plain lousy driving.  38,256 of those reported last year had their licenses suspended or revoked by California DUI.



Did you heard about the blind man who walked into California's DMV office in Santa Monica, took an eye test and left with a new driver's license?
Actually, that is not quite accurate.   The gentleman did not walk out with his new license; DMV mailed it 2 weeks later.
According to the LA Times,  seventy-two-year-old Mark Overland of Pacific Palisades, California is legally blind, with ninety-four % of his vision missing.




Mr. Overland has not driven for fifteen years because of his deteriorating vision. But he kept renewing his license by mail for the sake of having a valid ID. Five years ago, when he got a license renewal form, he noticed a portion that asked if he had any visual impairment that would affect his driving.
He checked off 'yes.'"
Asked what that might be, and Overland wrote "retinitis pigmentosa." That's a progressive condition in which peripheral vision is lost. Overland has a narrow tunnel of vision, and can see pretty well within that field. But anything to the right or left, up or down, is lost to him. He reportedly was more than a little surprised then to get his license in the mail a couple of weeks later.
After Overland received his latest renewal notice a month ago, it instructed him to go to a DMV office for a written test and eye exam. He was curious to see what would happen if he did not mention his disability, so he went to the DMV on Colorado Avenue in Santa Monica, with his daughter Courtney doing the driving. Overland thought briefly about entering the office with his white cane, but decided against it, and Courtney instead served as his guide.
Overland was called to the counter by a clerk and told to read the eye chart.
"I'm looking around, and I can't find it because it's not in my line of vision."
He located it and was able to read most of the letters, but not all of them. The clerk then had him peer into a machine for another eye test. Overland began to read, but Courtney reportedly watched the clerk scrunch his face and ask her Dad:
"Sir, what are you reading?"
Overland was looking at something other than the eye chart, which he hadn't yet located. Redirecting his line of vision, he found the chart and did well enough to pass. He later aced the written test, left the building at his daughter's side, and his new license arrived in the mail.

DMV says anyone with retinitis pigmentosa is required to take a driving test, and if that person fails, the license is revoked.  According to the Los Angeles Times, California DMV spokeswoman Jessica Gonzalez could not say why Overland wasn't ordered to take a test 5 years ago, when he wrote his condition on his renewal form.

Tuesday, October 30, 2012

San Diego Sheriff's Drunk Driving Deputies and California Police Officers from numerous local DUI enforcement agencies set up San Diego County Avoid 15 Task Force DUI saturation patrols last weekend near San Diego State University and Qualcomm stadium, lawyers report


Halloween is approaching so people need to know how to avoid San Diego California DUI police.


San Diego Sheriff's Drunk Driving Deputies and California Police Officers from numerous local DUI enforcement agencies set up San Diego County Avoid 15 Task Force DUI saturation patrols last weekend near San Diego State University and Qualcomm stadium, lawyers are told.


Halloween weekend parties and the San Diego State University (SDSU) Aztec football game meant more  DUI arrests and more revenue for California.


The multi-DUI attack operation in San Diego ended up with 129 vehicles stopped, 16 California field sobriety tests and 4 San Diego DUI arrests, attorneys report.


A number of related citations were issued for different violations, including 2 unlicensed drivers, 1 suspended/revoked license and 2 open containers of alcohol.


One stated purpose of the California DUI saturation patrols was to somehow make San Diego County safer by removing drivers who were allegedly impaired.


If you or your loved one would like to fight your California DUI, contact attorney Rick Mueller at this free consultation website.


Monday, October 29, 2012

California DMV Announces new policies of Continuances of Driver Safety Hearings after San Diego DUI arrests, attorneys notified

The California Department of Motor Vehicles is in the process of notifying lawyers representing drivers facing possible license suspension action of their relatively new polices involving continuances of DUI-related administrative per se hearings.


In letters addressed to local San Diego DMV Defense attorneys, California DMV notifies San Diego DUI lawyers:


"To better serve the driving community, effective immediately the Department of Motor Vehicles Driver Safety Branch will schedule all continued hearings at the time of the request for a continuance.  The hearing officer will immediately select a date within 15 business days with opposing attorney's agreement.  The new date will be calendared by the hearing officer and appropriate notice will be mailed, unless notice is waived.  It is the goal of the Driver Safety Branch that all continuances be set within 15 business days of the present hearing date, whenever possible.


To avoid scheduling conflicts, please ensure all lawyers bring their calendars to the hearing in the event a continuance becomes necessary.  This will assure a mutually acceptable date is selected prior to recessing the hearing.  Please note that the hearing officer will schedule a new hearing date whether or not the attorney has his or her calendar available.   If the new hearing date subsequently presents a conflict for opposing lawyer, counsel will be required to file a written request (may be emailed or faxed) for continuance and provide good cause justification for a new hearing date.  This can be avoided by having calendars available when the new hearing date is set.  If a continuance is granted, please ensure (any witnesses were advised of the new hearing date.


When an attorney requests a continuance prior to commencement of the hearing, the written request for continuance should include good cause for the continuance and dates and times the lawyer is available:



  • Within 15 business days of the original hearing date if subpoena issuance is needed.
  • Within 10 business days of the original hearing date if subpoena issuance is not needed.
If the Driver Safety Office can schedule the date requested, that date will be set and a notice mailed.  If the dates requested are unavailable or if no dates are suggested by the attorney, the Driver Safety Officer will unilaterally assign a new date and mail notice."

Sunday, October 28, 2012

California Bomb Squad Called in on San Diego State University Student DUI Arrest leading to sniper rifle, shotgun, handgun and military knife confiscation not long after First Lady Michelle Obama visited area, attorneys announce


How often is a bomb squad called to check a car for explosives after a California DUI arrest, lawyers are asked?

David Moore faces San Diego Drunk Driving and weapons charges after allegedly failing California DUI field sobriety tests.

The twenty year old would have faced more serious charges if he had been arrested for DUI earlier in the day, when First Lady Michelle Obama was in that part of San Diego County of California, attorneys are told.

This San Diego State University student was arrested after police did a sting operation targeting underage drinkers found a cache of weapons in the trunk of his car.

Undercover cops observed him a couple of nights ago when he purchased alcohol at a CVS drugstore.  Presumably he must have had ID showing he was 21 years old or older.

The police followed him.  He opened his trunk, revealing at least nine guns inside, including a sniper rifle, a shotgun and a handgun, as well as a military knife.  He was not in the military nor was he protecting Mrs. Obama.

Friday, October 26, 2012

Tonight's California DUI Checkpoint Locations

This is a   map of the DUI Sobriety Checkpoints commonly found in San Diego, as well as the most recent DUI Checkpoint locations in San Diego, lawyers announce.


Santa Ana -California DUI checkpoint Friday, October 26, 2012 from 7:30 p.m. to 1:30 a.m. in the area of 1000 E. Fourth Street.


Costa Mesa - California DUI checkpoint  Friday, October 26, 2012 from 7:00 p.m. to 1:00 a.m. in a secret location.


Sacramento - California DUI checkpoint Friday, October 26, 2012 starting at 8:00 p.m. and running for 5 to 7 hours at 21st Street and Capitol Avenue.


Redlands - California DUI checkpoint Friday, October 26, 2012 from 10:00 p.m. to 3:00 a.m. in the westbound lanes of Brookside Avenue at Grant Street.

Ontario - California DUI checkpoint Friday, October 26, 2012 from 6:00 p.m. to 2:00 a.m. in in a secret location.

Arcadia - California DUI checkpoints Friday, October 26, 2012 at different secret locations.

Santa Maria - California DUI checkpoint Friday, October 26, 2012 from 6:00 p.m. to 2:00 a.m. in a secret location.

Oxnard - California DUI checkpoint Friday, October 26, 2012 from 9:00 p.m. to 3:00 a.m. 
in a secret location.


Lompoc - California DUI checkpoint Friday, October 26, 2012 at  time and location.

Modesto - California  DUI checkpoint Friday, October 26, 2012 at a secret time and location.



San Diego County DUI Law Center's Attorney Rick Mueller updates locations at the above site.

Tuesday, October 16, 2012

San Diego State University friends don’t let San Diego State University friends drive drunk - RADD helps avoid a San Diego California DUI, say lawyers

This is very cool, say San Diego DUI attorneys.

To cut down on accidents, and with a high number of DUIs in San Diego, RADD is a nice attempt to help the students at SDSU, California lawyers are told.  San Diego State University friends don’t let San Diego State University friends drive drunk.


93 bars in San Diego locations offer RADD Rewards, from Pacific Beach Shore Club to Flux nightclub downtown.
Instead of churning out San Diego DUI drivers, these locations now have incentives to the designated driver of the night, including free food, dessert or nonalcoholic beverages. 
RADD has prepaid taxicab service. A few San Diego taxi cab services partnered with RADD and agreed in the event an individual does not have a designated driver, he or she can use a prepaid taxicab card to ensure a safe ride back home. The card comes with a prepayment of $30 for one usage, but can be used for fares of approximately $60. Some students have responded positively to this program, which is expected to grow.
San Diego State University friends don’t let San Diego State University friends drive drunk. This message is promoted by RADD California Coalition, the entertainment industry’s voice for road safety, a program to reduce drunk driving. The group has been promoting safe driving and expanding on the College DUI Awareness program since 1986.
RADD has successfully reached universities in San Diego. University of California, San Diego; University of San Diego; San Diego State; and California State University, San Marcos are partnered with RADD.
California Department of Motor Vehicles says 2010 had 195,879 California DUI arrests and the median age of those who received a DUI was 30 years old. San Diego has lots of drunk driving arrests every year.
Drinking booze has long been a controversial topic in California and this country, and DUI is a concern.
RADD strive to make roads safer for students, especially those living in San Diego's college communities.


Tuesday, October 9, 2012

As Soft Drink Companies must post calorie counts in the United States, isn't it time California made restaurants & bars post alcoholic content in beverages to help people avoid getting a DUI, attorneys ask?

Every day, Americans in California sip a bit of wine, beer or other alcohol.  Then drive.  Some do it at home, others at parties.  If served at a restaurant or bar, should that restaurant or bar post the exact alcoholic content of the beverage, DUI lawyers ask?


When stopped by police for a traffic or equipment violation, drinking drivers who otherwise are cruising along just fine are usually asked:  "What have you had to drink?"


Wouldn't it be easier, safer and most honest to be able to provide the information related by that restaurant or bar, California DUI criminal defense attorneys ask?


Why should people be put in a bad situation to guess in order to try to appease a man with a badge and gun, only to have that answer thrown back at them in a California drunk driving trial, lawyers emphasize.


Better yet, knowing what the alcohol level in every drink you have while in a public establishment allows you to track much you have had, in order to stay in a range below the legal limit (taking into account absorption and burn-off).


It's time we protect drivers who are lawfully drinking and driving below the legal DUI limit in California.


Many progressive ideas have risen over the years:


  • Tobacco companies have to disclose the dangers of smoking cigarettes on their packaging.
  • Drug companies are required to disclose the risks associated with using drugs.
  • McDonald's posts calories on the menus for the food they serve, prompting people to order small friend instead of big fries or a regular hamburger instead of quarter-pounder with cheese.
  • Next year, Coca-Cola, Pepsi and Dr. Pepper will post calorie counts next year.  This latest announcement arrives as smarter Americans read studies or listen to modern experts who point to the adverse impact of sugary drinks in the U.S.'s obesity crisis. “They’re seeing the writing on the wall and want to say that it’s corporate responsibility,” says Mike Jacobson, executive director of the Center for Science in the Public Interest. President Obama’s healthcare law, upheld last summer by the Supreme Court, requires vending machine operators with more than 20 machines, to post calorie information. No timetable was set but soft drink companies apparently are posting the counts themselves.  There's limited success in posted calorie counts improving consumer choices in Philadelphia or New York, cities where such labeling is already required at chains. 
For a free California DUI Lawyer evaluation, complete this easy form.

Monday, October 8, 2012

Driving after Drinking Dairy may get you a DUI or Drunk Driving in Russia but not California, attorneys report


How ridiculous will California's strict DUI laws get, attorneys are asked.  
The number of drunk driving measures continues to escalate in California, San Diego DUI criminal defense lawyers relate.  But one country may be going too far:  Russia.   Its government health officials suggest drinking and driving do not go well together when the drink in question is "kefir," a fermented milk / dairy beverage containing less than 1% alcohol, says Gennady Onishchenko, Russia's chief sanitary inspector.  Criticism escalated on Twitter and Facebook. Users a glass of kefir photograph with this caption, "Kefir? NO! I'm driving!"  Some Onishchenko is nuts.
DUI and drunk driving experts in the former USSR continue to scramble to try to increase tough public stances on drunk driving and DUI after one impaired driver caused 5 orphan deaths and 2 other fatalities last month upon crashing into a bus stop in Moscow. Proposals for DUI include life sentences for drivers who cause death while drunk or DUI.  Drunk driving is a larger threat than terrorism, say a few people.

Saturday, October 6, 2012

Mrs. Hulk Hogan popped for DUI in California - antibiotics played roll in BAC increase after one drink, attorneys advance

Hulk's wife Linda Hogan was on her way home in Malibu from a jewelry function in L.A. and then was arrested for a California DUI, attorneys are told. 


Mrs. Hulk only had a glass of champagne but it was on an empty stomach.


Then, in combination with antibiotics, apparently exacerbating the effects of the alcohol, her blood alcohol level crept above the legal limit, San Diego drunk driving criminal defense lawyers are told.



53 year old Linda was initially pulled over for speeding. She had a reported BAC of .084%.  Of course the exacerbation of the antibiotics defense advanced by her attorney will be discussed.