Friday, November 30, 2012

Under 21 DUI or minor drunk driving charges in California carry significant penalties & punishment, San Diego attorneys warn

Persons under 21 years of age in California (and persons on DUI probation in California) are subject to a very low BAC threshold for being at the legal limit:  .01%.  That can be a half of a beer or even less. 

Not very much alcohol puts young folks at risk for significant DUI-related penalties including a minimum one year license suspension unless one’s attorney can get the DMV action set aside (no action taken against the driver’s license).

An under 21 driver also faces adult penalties, including probation, possible jail, expensive fines, vehicle impound, ignition interlock device installation, public work service program, costly alcohol programs, MADD meeting, DMV reissue fees, lawyer fees, etc. particularly if the BAC is .08% or higher.

Refusal to submit to a test is not a defense as it results in a one year suspension and is treated by California courts as an admission of DUI guilt.  Subsequent refusals and DUI arrests are treated harsher with longer suspension periods.

DMV and California courts are separate & independent from each other, although sometimes a suspension action will be concurrent or nearly simultaneous.

An under 21 person must list a DUI on a college application, possibly resulting in rejection at one’s university of choice.  The stigma may have far reaching implications.


The California Department of Alcoholic Beverage Controls vows to help local San Diego authorities crack down on underage drinking, alcohol-related crimes including DUI / drunk driving and drugs, thanks to $100 K, attorneys say

San Diego County Sheriff's Holiday Watch program began over Thanksgiving weekend and will continue through the first week of January 2013, California DUI attorneys are warned.

Over last holiday weekend in San Diego County, twenty-eight arrests were made including DUI / drunk driving, Drunk in public, possession of a stolen vehicle and stolen property, possession of marijuana, and urinating in public, lawyers are told.

In July 2012, the San Diego County Sheriff’s Department received a grant of $100,000 from the California Department of Alcoholic Beverage Control. The money is to be spent in the communities patrolled by the Sheriff’s Department to help fight alcohol related-crimes and educate ABC-licensed businesses.

California ABC Grant Assistance Program's local San Diego goal is to partner with San Diego county law enforcement agencies to help make communities safer. The cooperative efforts of the Sheriff’s Department and ABC are aimed at building positive working relationships between all stakeholders and increasing safety in San Diego County.

The San Diego County Sheriff's Department, Encinitas Station and Agents from Alcohol Beverage Control conducted a zero tolerance drunk in public sweep in the City of Encinitas California last weekend, 1 of several operations scheduled.

Tuesday, November 27, 2012

Animals like cats, deer, dogs, and racoons are on California's roads, increasing the risk of accidents and possible DUI arrests, lawyers say.

A real nice lady who drives for a living in California came into my San Diego County DUI Law Center office with a sad gonna-lose-my-job story yesterday.  She was sleeping when her friend called for a ride home late the other night.  She had not been drinking.

Just a block from her home lived San Diego's Cat Lady, owner of 20 cats.  Coming around the turn on a foggy night, she saw a cat dart in front her on the street.  Not wanting to hit a cat, she swerved and ended up hitting a neighbor's car.

Since it was after 1 in the morning, she didn't want to start waking up neighbors to find out which neighbor owned the car.  Since she only lived a block away, she figured she would come back when it was light out and find the owner so she could give her insurance company information to get the car fixed.

Instead of parking in the back of her house, she parked in the front.  She was a little upset over the accident.  To calm her down, she and her friend started drinking.

Someone had called the police and they saw her vehicle also with a little damage.  The police knocked on her door, told her to come out, asked if she had been out.  She said she was called to pick up her friend and drank after she got home.  The California DUI police still arrested her for hit & run and DUI.  Suddenly she needed a good San Diego drunk driving criminal defense attorney.

She did not get drunk until after she drove, when she came home.

In Northern California this month, deer are mating and deer are very active. Deer vs. vehicle accidents are at risk.

A couple days ago, a CHP DUI cop near Aptos California saw a a deer dart in front of him on Highway 1.  Not wanting to hit the deer, the police officer swerved, slammed into a guard rail, and spun into the center divider.

Fortunately no one was hurt in either incident.

Neither driver was DUI at the time.

In Placerville, California CHP is investigating why a Prius veered into oncoming traffic Saturday night on Highway 50 causing a fatal collision.  Officer Cuthbertson wouldn't be shocked to find out the driver swerved to avoid hitting an animal.  

This CHP officer tells drivers to hit a deer instead of swerving to avoid the deer as many vehicles would lose control, attorneys are told.

Lots of animals are on our California roads.  It takes a remarkably alert and cognizant driver to avoid hitting the animal.  But that does not mean an accident will not occur, lawyers say.

Monday, November 26, 2012

With the San Diego Chargers all but out of the race, the real focus is who will be the California Designated Driver Winner, ask San Diego DUI attorneys? These heroes and heroines drive drunk and drinking fans home every game, thereby avoiding unnecessary California DUI arrests, lawyers emphasize.

With the San Diego Chargers all but out of the race, the real focus is who will be the California Designated Driver Winner, ask San Diego DUI attorneys?  These heroes and heroines drive drunk and drinking fans home every game, thereby avoiding unnecessary California DUI arrests, lawyers emphasize.

Congratulations to Pat Sawatzky who is the San Diego Chargers Good Sport Designated Driver of the game. 
Thanks to everyone who made the pledge to designate a driver and get home safely over the Holiday weekend. 
With your help the Chargers can win the AFC West Designated Driver challenge.

Friday, November 23, 2012

Do I need an attorney if I am facing a California DMV suspension arising out of a DUI court probation but I did not receive another DUI?

Let's say you were previously convicted of a DUI in California and you were ordered not to drive with a measurable amount of alcohol in your system.

You are still on DUI probation which is usually 5 or 3 years in most California courts, say San Diego attorneys.

You have a new incident involving a police officer which required you to blow into a breath test machine or gadget and you blew .01% or more (which is measurable amount of alcohol in your system per San Diego DUI lawyers).

Maybe you had just gotten your California driver's license or privilege back, or it was restricted as a result of your DUI.  The California police officer takes your license and/or issues you a new Pink DMV Order of Suspension for .01%/DUI Probation Violation.

At what point do you need a California lawyer?

You need a California DMV defense attorney to contest the new suspension action BEFORE the hearing is requested and before the hearing.

If you wait until AFTER the hearing or AFTER the DMV suspends for one (1) year, that will probably be too late.


Because you needed an attorney to advance your best strategy, defense or approach PRIOR to - and AT - the hearing.

You cannot raise new issues, defenses or tactics AFTER the DMV suspends.

People get confused because the California DMV Order of Suspension states you can appeal, i.e. file a Petition for Writ of Mandate in a California Superior Court, or file for Departmental Review.  But unless you (or, and this is this point, your attorney) made a record of your objections, arguments or contentions, one may not raise new objections, arguments or contentions for the first time in the California Superior Court writ action or DMV Departmental Review.

Bottom line:  protect yourself early.  Contact a California DMV defense lawyer immediately after being served with the pink DMV order of suspension/temporary license to find out what your options are, even if you were not arrested or cited for DUI or drunk driving.

Wednesday, November 21, 2012

Usually prescription pain and anxiety medications state in print on the bottom not to "operate heavy machinery and not to drive" but folks do anyway. When many drivers think of 'drugs,' they think meth, cocaine or heroin. It's not. It's prescription drugs is the new California DUI problem, say San Diego DUI lawyers

The law in Caifornia says you cannot drive while under influence of alcohol and/or drugs.

Roughly 7.3% of California drivers in this new survey had some measurable level of alcohol on their breath, most well below .08%. 

Nearly 1/4 of those drivers also tested positive for at least 1 drug.
A few of the drivers arrived at the survey checkpoints too drunk to legally drive, including one driver who was too drunk even to answer the questions. They were held at the site until a sober driver could take over but were not arrested or cited.
That office commissioned the $650,000 study by the Maryland-based Pacific Institute for Research and Evaluation, paid for with federal funds.
The survey-takers randomly stopped drivers at 9 sites around California.
The California survey appears to be the first to attempt to measure drugged driving at the state level. It closely follows a national survey done in 2007 that found nearly identical rates of positive drug tests among nighttime drivers.

Tuesday, November 20, 2012

San Diego California's downtown East Village DUI checkpoint at 1400 G Street may not be valid

East Village in downtown San Diego can be fun.  It also can be a trap for California drivers, DUI lawyers emphasize.

On November 3rd, 2012 a Saturday, the San Diego Police Department trapped motorists who were heading out of downtown on G Street, attorneys are told.  The DUI Checkpoint  was at 1400 G Street.

This tricky California drunk driving roadblock began at 13th Street.   In the map provided to San Diego DUI lawyer Rick Mueller, just prior to 13th are the first two DUI checkpoint Signs placed 50 feet prior to the intersection on G Street.   The one on the north side of the street says DUI Checkpoint To the Left.  The one on the south side of the street says DUI Checkpoint Ahead.

At what point motorists could actually see those signs heading eastbound is unclear.

The problem is, at 11 and 12th streets, just prior to the warning signs, are one way streets.  11th street is one way going northbound and prior notice of checkpoint would not be visible from there. 12 street is one way going southbound and has a trolley track on the east end.  Depending on which lane you are in, it may not be possible to turn on either prior to entry into the checkpoint.

If you are in the far left left lane (#1 lane ) of the 3 lanes, you would have to illegally cross 2 lanes to go south if you suddenly saw the signs as you came up to  12th street.  That would be a basis for a police stop.

This California DUI checkpoint smells of an illegal trap and unconstitutional checkpoint.  See this DUI Lawyer checkpoint law summary.

Sunday, November 18, 2012

Southern San Diego County DUI checkpoints are frequently seen on fridays and saturdays in Imperial Beach and Chula Vista, California says attorney Rick Mueller of the San Diego County DUI Law Center. This free lawyer service provides the places where the drunk driving roadblocks can be found in San Diego California

Southern San Diego County DUI checkpoints are frequently seen on fridays and saturdays in Imperial Beach and Chula Vista, California says attorney Rick Mueller of the San Diego County DUI Law Center.  This free lawyer service provides the places where the drunk driving roadblocks can be found in San Diego California.
Last night, California DUI cops made one DUI arrest and 13 various California Vehicle Code  citations plus twenty-one license violations Saturday night at the checkpoint in the 600 block of H Street, near Broadway, Chula Vista California, San Diego lawyers are told.
Chula Vista Police Department tentatively set its next checkpoint for Dec. 21, 2012 at a secret location.
In other weekend news, 2 vehicles overturned on Interstate 805 Sunday November 18, 2012.  The suspected possible DUI accident involved a white sedan and an allegedly witness-reported recklessly driven tan Chevrolet SUV happened around 1:25 p.m. near Home Avenue, the California Highway Patrol reports.
2 people went to the hospital, a San Diego Fire-Rescue dispatcher said. The cause of the crash is under investigation.   California DUI police called in for  a lab technician because 1 of the drivers may have been DUI,  attorneys are told.

Friday, November 16, 2012

Warning: DUI Checkpoint in San Diego Tonight, California lawyers warn

The number of DUI checkpoints in San Diego County amazes local folks and California attorneys alike.  The Government is spending a ton of money hoping on a return in revenue at some point presumably.  Tonight is no exception.

San Diego Police Department plans on stages a drunk driving checkpoint Friday November 16, 2012 at Mission Bay Drive near Interstate 5 between 9 and 3:30 a.m.  Pacific Beach is where they focus most of their DUI roadblocks at, San Diego lawyers believe.

San Diego County DUI Law Center's attorney Rick Mueller will update the location when it becomes available.  Here's a list of previously known and common California DUI checkpoint location.

Here's an update as to what happened.

Wednesday, November 14, 2012

How to choose a San Diego California Drunk Driving Attorney - select one you feel will give you the best possible San Diego California DUI Criminal Defense Lawyer track record

How to Make your choice & retain your San Diego or California DUI Criminal Defense Attorney:

1. Start a list.  Gather Info. Choose the Lawyer you feel gives you the best possible San Diego or California DUI Criminal Defense based on track record and with terms meeting your needs.

2.  Compare credentials of all San Diego or California DUI Lawyers.

Use all of the information you have gathered. Compare the lawyers with each other. Find those attorneys that you think would be the best fit for you. List your top choices and then contact the attorneys you want to.

Make sure you contact or email the actual San Diego DUI - DMV Defense Lawyer who will actually be handling your case if retaned.

3.  Contact the San Diego or California DUI Criminal Defense Lawyers on your list.

Upon completing the Attorney's free online San Diego or California DUI / DMV Defense Evaluation form, ask or email your questions.

Listen to their answers and offers. If they don’t want to answer, you don’t want them. Make notes to compare.

4.   Have questions to ask California DUI - DMV Defense Lawyers:

• Are you a "Specialist" in California DUI law, as recognized by California DUI Lawyers Association (CDLA)?

• Who will handle my case?

• What is your experience?

• What are your qualifications?

• Do you only handle California DUI & DMV cases?

• What is your success rate?

• How might you plan to defend me?

• What could happen to me?

• What are your fees?

• Will you email a written Proposal?

• Do you have a free, online Evaluation?

5.  Search the web for information relating to the San Diego or California DUI Criminal Defense Lawyers you research.

Google a name search.  Read his or her San Diego or California DUI Criminal Defense Attorney web pages.

Read any articles or answers he or she has provided others on the Internet.

Obtain as much San Diego or California DUI Criminal / DMV Defense information as possible.

6.  Search by San Diego or California DUI area and/or specialization for DUI Criminal Defense Lawyers that are licensed in California, who only specialize in DUI cases, who are located and practice in San Diego or the area you need in California.

Tuesday, November 13, 2012

$500,000 Grant given to San Diego California Probation Department to go after high risk DUI persons, attorneys warn

California's DUI deaths dipped for 5 years.  If the economy gets better & folks party, San Diego DUI cops do not want to see those numbers stabilize or increase.  San Diego California DUI offenders will be targeted, say local lawyers.
In 2011, the San Diego DUI Enforcement Team executed 7 warrant service operations on DUI probationers and DUI suspects when they failed to appear after drunk driving arrests. Forty-two special operations were also employed including DUI checkpoints.  For a list of DUI checkpoints, visit San Diego County DUI Law Center attorney Rick Mueller's free location site.
San Diego County's DUI Enforcement Team were responsible for a hundred and twenty-four DUI-related arrests in the 2011-12 fiscal year.  Many had to do with folks who failed to abstain from alcohol, as ordered by court.  They also were doing arrests of San Diego DUI probationers driving with a suspended license.

"Our efforts save lives and prevent injuries related to alcohol or drug-related driving," said San Diego County Chief Probation Officer Mack Jenkins. "The grant helps us hold DUI offenders accountable by ensuring they're following court orders and providing rehabilitative opportunities that ultimately improve road safety for all of San Diego County."
Drunk driving is a potentially deadly crime. In San Diego County, seventy-four folks died and 2,126 injured in crashes involving a DUI driver in 2010. Of the San Diego drivers killed in crashes that year, 42 percent had blood alcohol levels more than 08%. In California in 2010, it was 791.
California Office of Traffic Safety grant is awarded through the National Highway Traffic Safety Administration. It pays for the San Diego County DUI Enforcement Team, an intensive probation supervision program for high risk DUI offenders. Supervision includes unannounced home searches and random alcohol and drug testing and monitoring to ensure compliance with court-ordered DUI education and treatment programs.
San Diego County Probation Department will now use a new $500,000 grant to keep high risk DUI offenders from somehow endangering other California drivers..

Saturday, November 10, 2012

California DUI Lawyers Association President Donald Bartell successfully obtains a Not Guilty Verdict late last night in Mammoth drunk driving case

President Don Bartell of the California DUI Lawyers Associationwon an alleged Drunk Driving charge Trial last night.  Not Guilty is what the Mono County Superior Court jury said not long after the “Lt. Colombo” of Mammoth California DUI Defense closed.   Reasonable Doubt existed.

Questions involved police methodology and procedures in this Driving Under the Influence (DUI) case in Mammoth Lakes, California.  Chris Francis was found not guilty after the top DUI attorney in California (and most likely the country) successfully challenged his DUI charges.   “Just one more question,” California DUI lawyer Don Bartell would ask. 
The Notre Dame Law School graduate questioned everything from the circumstances and claims relating to the initial stop to administration of the acrobatics and gymnastics, from the accused’s physical condition to the insufficient police DUI investigation, from the unreliability of a breath test machine to how this breath test was administered, and from discrepancies between the video and the police report to discrepancies between the purported inaccurate breath test numbers and the circumstantial evidence of the accused’s physical state.
The innocent Mr. Francis, a former ski instructor at the renown Mammoth Mountain Ski Area, was pulled over just before midnight a little over two years ago.  Mammoth Lakes Police Department Officer Dan Hansen claimed the accused was “straddling the #1 and #2 lanes.”
A California DUI cop with MLPD beginning in August 2008, the cop claimed participation in about 100 DUI investigations, including 50 or more himself. “Most drivers will cross over lane lines, make wide turning movements. Not all stops result in arrests.”
The innocent accused’s vehicle came up to the intersection of Main and Minaret, and made a right turn from the #2 (right hand) lane, allegedly without using the designated turn lane, then allegedly continued to straddle the lane line.  There were problems with this misallegations of drunk driving. Video from the police car shows the turn but fails to show the fact that, at the time, much of the turn lane was coned off. The video of the drive up to the intersection was also a little grainy and dark.
At the location of the stop Francis, who has asthma, was having trouble breathing.  Hansen added that while continuing to speak with Francis, he noticed an “odor of alcohol,” and claimed his eyes were bloodshot and his speech seemed slurred, walked with an unsteady gait and “had a hard time standing up, purported indicators of possible intoxication although there are - and actually existed - many innocent examples of explanation behind such observations.
Unfortunately, no audio was available on the video because Hansen claimed there was some sort of microphone failure.  The oral DUI interview included  whether Francis was diabetic or epileptic (no), had he slept recently, had he eaten recently (ribs, about three hours earlier), had he been drinking (4-5 glasses of wine). Francis had reportedly been on a strenuous hike in the Mt. Whitney area earlier in the day.
Hansen maintained Francis thought he had his last glass of wine at 11 p.m., about 50 minutes prior to the stop, and reportedly thought it was still about 11 p.m., which Hansen felt “didn’t add up,” since it was almost midnight.
The cop began the acrobatics, claiming Francis was said to be “swaying” during an FST while the video was inconclusive on that point. After an improperly administered eye test, the DUI cop claimed the accused soon declined to conduct any further California gymnastic tests, citing his condition after the day’s hiking.
The accused was arrested for a California DUI and later released.  Prior to his release, he was given a breath test at the station.  The Peter Falk of California DUI defense attorneys pointed out an assisting officer on scene had a portable breath test kit with him in his patrol car but it was apparently not given to the accused.
As required by California Code of Regulations, Title 17, the DUI cop claimed the accused was placed under 15 minutes of continuous observation…to ensure he didn’t burp, belch or regurgitate, which could adversely affect the test.  He was given two tests, beginning at 1:08 a.m, .20% and at 1:13 a.m,.19%.
While conducting extensive cross-examination, California DUI attorney Don Bartell displayed his conversational, fireside, easy-going manner not unlike that of TV’s Detective Colombo but without a trench coat and cigar.  Don vigorously challenged the DUI cop’s misuse of words like “staggering” and “swaying,”  using the video.  Don was able to show the accused did not displayed either of those traits.  Even the drunk driving cop conceded.  “He wasn’t staggering or falling down, even though he was supposedly 2.5 times the legal limit, blotto drunk,” Bartell pointed out in front of a fine jury.  The DUI cop, for the most part, did not dispute this fine lawyer’s corrected observations.  Yet the cop subsequently somehow insisted he though he saw the accused “swaying.”
A top graduate of University of California at Berkeley, the relentless attorney Bartell showed how the thirty minutes amount of time spent on the sobriety tests and DUI questioning, as noted by the video’s time code, might affect on how someone stands.
A master of trial preparation, handsome Don utilized the Standardized FST manual to show this California DUI cop might have abbreviated, changed and even skipped parts of a proper eye test procedure.  The DUI cop responded indicated he was only doing it the way he was trained and admitted to maybe doing some of the administration parts his own way.   This cop was caught on video doing the test improperly.
California DUI defense lawyer Donald Bartell fairly inquired as to why there was no follow up with the restaurant where Francis had eaten regarding the number of glasses of wine he had, and what wine he had drunk.
Don challenged why the accused’s strenuous and lengthy hike was not brought up more during follow up police questioning.
Perplexing was the fact that no video of the blood alcohol level breath tests existed.
Don pointed out the officer failed to follow the California Vehicle Code, in that because breath tests do not keep breath samples, the cop is required to inform defendants that they have the right to blood and urine tests for evidentiary purposes. That did not happen.
Bartell’s aggressive cross-examination challenged “probable cause” for the police stop.  He questioned whether Hansen’s U-turn on Main Street was really unmotivated, and whether Francis was “straddling” the lane line.  “He was never in ‘a lane’ of travel,” Hansen testified. Bartell showed how the cop’s testimony contradicts the description in his written statement made “under penalty of perjury” which makes no specific mention of the lane line situation.   Cop responded the sworn statement “wasn’t as detailed, which was probably a mistake on my part. If I see a car at night, I follow it. I do that all night long.”
The accused thought his car had been targeted earlier in the evening, and suggested the rate of speed at which Hansen came up behind him qualified as a pursuit.  The accused also maintains that since the incident, the subject Suburban has been pulled over several more times, though he wasn’t behind the wheel during any of those.
The State of California’s other witness was Mike Appel, an 11-year Criminalist with the Department of Justice, who testifies regarding forensic alcohol analysis in part for DUI court cases. Appel testified that generally speaking breath tests tend to underestimate the blood alcohol level. “Blood tests are more accurate,” he said, adding that in his opinion .06 should be the point at which it’s unsafe to operate a vehicle, as opposed to the current .08 standard.  He ruled out residual alcohol in the mouth as having any impact on the test, saying that it dissipates too fast, and that the results wouldn’t be that close together if there had been any “mouth alcohol” present.  The “Preliminary Alcohol Screening” device used that August developed some type of “issue” the following month, and was sent to the DOJ’s Fresno office for maintenance. Service logs are required for each device, and Appel indicated that as long as the devices are maintained, they are assumed to be accurate. In his opinion, it was working properly, he stated.
On cross-examination, California DUI Lawyers Association President Don Bartell made conspicuous mention of Appel’s considerable training in firearms forensics, but noted that he hasn’t had any formal training in alcohol since 2005. Bartell correctly brought up the fact that if a tube on the PAS device is loose, it could lead to a erroneous, lower reading.  And he also used a DOJ internal bulletin, which Appel apparently was somehow not familiar with, that indicated mistakenly covering an air exit port on the device can lead to an equally misleading higher reading.
Top California DUI Defense Attorney Don Bartell then successfully challenged Appel’s practical knowledge of field sobriety techniques, again mentioning that no breath test video exists.  He also took to task Appel’s lack of knowledge of Francis’s asthma condition, though it might not have played any significant part in the breath test process, according to Appel. Title 17 requires PAS devices to be calibrated every 10 days or 150 subjects, whichever comes first,; Appel claimed the machine was in “full compliance” with Title 17’s regulation.
Bartell correctly pointed out these breath test machines do not have a slope detector, designed to guard against mouth alcohol interference, nor does it have a way to do an on site calibration check at the time the test is conducted.
Colombo of DUI defense lawyers then questioned whether the device has a barometric setting, since Mammoth Lakes is at high altitude, and whether it had been checked for accuracy as well.
Next in the President’s line of questioning was the accused’s physiology with respect to his body’s rate of absorption, suggesting that breath tests might not be entirely accurate during the body’s alcohol absorption phase.
The prosecuting attorney rested its DUI case.  Then this legendary DUI criminal defense attorney put on their case the next day. 
2 nights later the jury found the accused Not Guilty of DUI.
[Note: This fine publications' writer posted the DUI Prosecutor's case in this ultimate Not Guilty case.]

In California, Hidden Costs of a DUI conviction can be around $10,000.00, San Diego attorneys and insurance experts remind

In California, the cost of a DUI conviction can be around $10,000.00,
San Diego attorneys say.  That may include alot of different costs and
expenses but the truth is it is very expensive, San Diego DUI lawyers
remind.  A local San Diego California news station did a little special
on drunk driving and insurance yesterday.  Click Here:
Pete Morage of the Insurance Information Network talked to NBC 7's Consumer Bob about rates of car insurance after a DUI.

Friday, November 9, 2012

Lakers Fire Coach Mike Brown just after Los Angeles Forward Arrested for DUI this morning, attorneys are told.

Before the Lakers fired their Head Coach Mike Brown today after only 5 games, their up-and-coming forward Deven Ebanks found himself popped for DUI in Los Angeles , California DUI attorneys are told.
A 2010 2nd round bench player from West Virginia, he was "lit up" by drunk driving police around 2:49 a.m. in the Hollywood area, a party area, lawyers who handle California dui cases say.
$5,000 was the bail posted.  He also posted on his Twitter account Thursday afternoon encouraged his followers to celebrate a woman’s birthday Thursday night at Roxbury night club near Hollywood.
Ebanks’ court date is December seventh.  No California DUI attorney has been announced yet, San Diego DUI lawyer Rick Mueller reports.
Ebanks’ 2nd incident is this DUI case.  Prosecuting attorneys declined about a year ago to file charges against him last December after a woman claimed Ebanks sexually assaulted her 3 months previous.
Ebanks re-signed for 1 year at $1.4 million. He scored just 4 ppg in 24 games of last season.   Recently, his 2.5 points ppg is all there is as 1 of the Lakers’ first players off the pine.

Thursday, November 8, 2012

Prosecuting Attorney says police have obligation to preserve evidence in California DUI arrest resulting in hanging death of suspect - violation of trust for drunk driving cop to destroy digital audio recorder.

A year and a half ago, a Dean Gochenour was arrested for California DUI, lawyers are told.  Gochenour hanged himself in jail that night, say attorneys.

"It's a case involving a death, and in cases like that, police officers have an obligation to preserve evidence," Deputy Dist. Atty. Brock Zimmon maintained.
Prosecuting attorneys claim Fullerton DUI police officer Mater destroyed his digital audio recorder after he heard about the hanging.  All officers on that force are required to activate during all public contacts.   This California Drunk Driving officer crushed the recorder and removed the motherboard and circuit board.
Destruction of the recorder stopped investigators from DA's office from listening to audio regarding Gochenour's interactions with Mater.
Mater only pled guilty to misdemeanor counts of destruction of property and vandalism.  He was sentenced to only 3 years of informal probation and 60 days of community service .
Destruction of evidence in the DUI case potentially relating to an inmate's death was a violation of public trust, prosecuting lawyers argued.
Audio recordings provided a pivotal role in the case against 3 former Fullerton officers who have been charged in the death of a mentally ill homeless man, Kelly Thomas.
District attorney's investigators reported there was "no affirmative evidence" Mater knew that Gochenour might harm himself, yet pointed out the California DUID officer's conduct in damaging the recording device "remains of grave concern."
Mater conveyed to investigators that after trying unsuccessfully to download his audio recording of the arrest to the department's computer system, he became frustrated and threw the recorder at a metal door.
He was placed on administrative leave shortly after the incident and resigned in August 2011 after the department initiated disciplinary proceedings.
According to the Los Angeles Times, prosecuting lawyers objected to this lenient California probation sentence and argued that Mater should have gone to jail.