Tuesday, April 30, 2013

Marijuana - driving under debate when San Diego CBS showed MADD video in California DUI attorney Rick Mueller's DUI article

It is ok to smoke marijuana and drive, says San Diego California DUI attorney Rick Mueller, as long as you are not driving "under the influence of" that drug.   DUI by marijuana is a question brought up 2 months ago in this California DUI Lawyer Center article by lawyer Rick Mueller.  A Washington toke & drive video was included in the article.

CBS of San Diego looked at this video recently. They showed it to a MADD person in San Diego California, say DUI lawyers raising their eyebrows.

California DUI attorneys know a police officer who stops you gets to determine whether to arrest you based on his or her observations, evaluation and performance on  field acrobatics.

Medical use of marijuana in California is legal, drunk driving attorneys remind.  Non-medical is not.  So you can legally drive if you have a medical prescription to take marijuana as long as you continue to drive with the caution characteristic of a sober person, San Diego California DUI lawyers say.

Here'e some key CBS San Diego California DUI attorney article quotes:

"It's much more difficult to establish a threshold with marijuana, because tolerance plays such a big issue into it," said local San Diego DUI criminal defense lawyer Cole Casey in a CBS article.

"Some marijuana probably won't impair your ability to drive.  An extensive amount of marijuana certainly will impair your ability to drive," said the San Diego California DUI lawyer.
"If you have smoked a little bit of marijuana but you're not unsafe to drive, you should feel free to be able to drive. It should not be a crime simply because you have marijuana in your system," said the San Diego California DUI attorney.

Sunday, April 28, 2013

Swedes use a hand-held breath test identify 12 drugs taken within 24 hours, California DUI attorneys are told

If you have drugs while driving, San Diego California DUI Attorney Rick Mueller suggests you should store them in the trunk and do NOT admit to using any drugs as part of your right to remain silent.  You may also want to mask any smell prior to driving, California DUI lawyers point out...especially if a new portable breath test for drugs - including cocaine, Xanax and marijuana - is ever used by California drunk driving police.

In California, one can be prosecuted for DUI - drugs while driving in certain situations.

The Swedes claim to be able to use a hand-held breath test sampler to purportedly identify twelve drug substances taken in previous twenty-four hours.  The research used forty drug addition subjects recovering at a center, according to the Journal of Breath Research issue dated 4/26/13.

In addition to benzoylecgonine (cocaine byproduct) and alprazolam (Xanax active ingredient), the research claims to be able to find in a subject's breath:  oxazepam (sedative), diazepam (Valium), buprenorphine (synthetic narcotic), tetrahydrocannabinol (THC, active ingredient in marijuana), 6-acetylmorphine, morphine, methamphetamine, amphetamine and methadone.

The research Professor said he was surprised to find there was a high detectability for most drugs in light of the fact that samples were taken within 24 hours of ingestion of drugs.

In DUI cases, blood tests could be taken at jail or station, remind California lawyers.  But this would be easier for San Diego California DUI cops patrolling or handling San Diego drunk driving checkpoints, attorneys are told.  There are no studies of the correlation between Blood and roadside Breath Concentrations.

How does this work?  The micro-particles that carry certain substances picked up from the fluid lining the airway are contained in exhaled breath.  Any inhaled compound or present in one's body can contaminate this fluid and pass into one's breath where it can be detected by one of these portable breath tests, scientists claim in theory.

Their "SensAbues" gadget  is made in Sweden; it has a mouthpiece and micro-particle filter which a driver could blow into.  The saliva and large particles are separated from the micro-particles that need to be measured.  Then the micro-particles go onto a filter which can then be sealed and stored until a better analysis is done using lab tests known as liquid chromatography & mass spectrometry.

California DUI criminal defense attorneys believe there are many uncertainties and questions regarding this new study.  The gadgets may be unreliable and untrustworthy in critical ways, say California DUI lawyers.

Tuesday, April 23, 2013

Alleged Boston bomber Dzhokhar Tsarnaev and drunk drivers have constitutional rights, California DUI attorneys emphasize!

Just as San Diego California DUI attorney Rick Mueller and the US Supreme Court pointed out recently that  drunk drivers have constitutional rights - in this San Diego DUI Lawyer Center blood test article - even the alleged Boston bomber Dzhokhar Tsarnaev has constitutional rights, California DUI lawyers remind.

He may have used a weapon of mass destruction, as charged.  But he still has these constitutional rights:  the right to remain silent, the privilege against self-incrimination, the right to an attorney, the right to confront and cross-examine witnesses, the right to subpoena witnesses, the right to a speedy jury trial, and the right to be proven guilty beyond a reasonable doubt, emphasize California DUI attorneys including Rick Mueller of the San Diego County DUI Law Center.

The Attorney General previously said he would question Tsarnaev without first giving him his Miranda rights. Did that happen?  We presently don't no.  We hope not.  The Attorney General, of all people, cannot ignore the existence of fundamental rights, say criminal defense attorneys.

Was he questioned without a lawyer?  That is another great question.  Criminal defense lawyers hope the answer is no.

In California DUI cases, a cop can ask a DUI suspect questions without first advising him or her of his or her Miranda rights. But that's different. That's because the drunk driving cop did not yet arrest the suspect for a California DUI charge.  See this San Diego County DUI Law Center article for how Miranda rights work in California DUI cases.

Contrast:  The Los Angeles Times outlines the current Boston bomb situation here.

Monday, April 22, 2013

Things to do and things not to say - a la Reese Witherspoon - when approached by a California DUI officer, remind lawyers

Here's a number of important correct things you can do to avoid a DUI, remind California DUI attorneys.

There are certain things you should NOT do when stopped for suspicion of drunk driving, California DUI lawyers pointing to a national news release say.  It starts with your mouth. 

No matter how important you are - Reese Witherspoon filming "The Good Lie" or Mel Gibson cruising Malibu California - do NOT say these things to a California DUI police officer:

"Do you have any idea who I am?
Do you know my name?
You are about to find out who I am.
You are going to be on national news."

Her husband Jim Toth was stopped for weaving & possible DUI in Atlanta when she got out of the car and said these things even though she was told to stay in the vehicle.  Ultimately she was arrested for disorderly conduct so she'll need a criminal defense attorney.

Now she's sorry and embarrassed but the damage to hubby's case was done.  She admitted she drank too much.  She says she was scared but admits it's no excuse for the way she was disrespectful.  She's cute so we're tempted to forgive her.  We're not sure who the criminal defense lawyers will be yet.

Sunday, April 21, 2013

Today's Sunday paper: Mr. Sunday Night Football Al Michaels arrested in Santa Monica for drunk driving, California DUI attorneys announce

A California DUI can happen to anyone, from religious to judicial higher-uppers, lawyers remind.

Today's Sunday paper revealed the broadcaster for Sunday Night Football himself, Al Michaels, was arrested 2 nights ago in Santa Monica for drunk driving, California DUI attorneys report.

A motorist in California is entitled to avoid a DUI checkpoint.  That is what Al was trying to do by turning away from it.  It remains to be seen if the cops' action in pulling him over for trying to exercise his right to avoid the California drunk driving roadblock was unlawful or lawful.

Few details have been provided except he reportedly blew a ".08%" on a breath gadget, California DUI attorneys are told.  There should be a second result but it has not been released yet.  California DUI breath testing can be very questionable and often unreliable, lawyers remind.

NBC knows about the situation of this 68 year old DUI suspect.  His agent is not saying anything.  His Emmy Award is not in jeopardy.

Al was Mr. ABC Sports for almost 30 years before going NBC on us.

Friday, April 19, 2013

San Diego Police Department Detective pleads guilty to California drunk driving charges, San Diego DUI lawyers are told in press release

Even a cop can get a DUI in California. Today a San Diego Police Department Cop pled guilty to California DUI accident charges, lawyers announce after today's San Diego Union-Tribune publication.  Detective Jeff Blackford will be sentenced in Department 9 of the San Diego Superior Court for his California DUI on April 22nd, attorneys learned today.

Penalties for a California DUI can be severe, criminal defense lawyers remind.  And this San Diego cop was charged with a speeding enhancement.  Going 20 miles per hour or more over the speed limit on a non-freeway at the time of a California DUI can get you a mandatory 60 days, criminal defense attorneys warn.

Certainly Judge Maguire will be addressing the issue of restitution on Monday for the utility box as AT & T was the victim of this San Diego Police Department officer's DUI crash.  These boxes are not cheap.

This case is interesting since there was a huge and unusual delay between the time of this California drunk driving collison and the commencement of a formal DUI investigation, San Diego lawyers remind.  Now 4 other San Diego Police Department cops are under review the by San Diego District Attorneys' Office for possible California DUI cover-up.

Thursday, April 18, 2013

Can California DUI police authorize a vampire to collect blood from a San Diego drunk driving suspect without a search warrant, attorneys ask after the U.S. Supreme Court case of MISSOURI v. MCNEELY ?

Can California DUI police authorize a vampire to collect blood from a San Diego drunk driving suspect without a search warrant, lawyers are asking today.

Yesterday, the United States Supreme Court said cops usually must try to get a search warrant issued by a DUI Judge prior to getting a blood test for a DUI suspect, California attorneys share.

8 Supreme Justices agreed DUI cops should have gotten a warrant for a Missouri guy named McNeely who gave blood at a hospital.  They had enough drunk driving suspicion evidence to have a judge issue a warrant such as slurred speech, unsteady gait, Field Sobriety Test failures, swerving vehicle, etc.  Guy had 2 priors and would not do a breath test.

The natural dissipation of alcohol in the blood is generally not sufficient reason to jettison the requirement that  police get a judge's approval prior to drawing a sample of one's blood, the court held in this DUI court California attorneys related.

The state of Missouri, the president's administration and Justice Clarence Thomas were the only ones of the view that a warrantless blood test does not violate a person's constitutional rights

Tuesday, April 16, 2013

San Diego Sheriff's Department gets Taser X2 to "protect" themselves and "save lives," California DUI attorneys announce

No cops know how to get in more trouble than San Diego area cops, California DUI lawyers know.

From Sex for No DUI scandals to drunk driving cover-ups for fellow San Diego Police Department officers, San Diego ranks as active, say California DUI attorneys.

To protect themselves better, San Diego County Sheriff's Department (a separate law enforcement agency within the county) is getting a bigger-better TASER!  Yeah.  According to the Wall Street Journal, the X2 is heading San Diego's way in a smart weapons upgrade way.

San Diego County Sheriff's Department Deploys New TASER X2

San Diego County Sheriff's Department Deploys New TASER X2
Columbus Police Department Expands TASER Deployment
SCOTTSDALE, AZ--(Marketwired - Apr 16, 2013) - TASER (NASDAQ: TASR) today announced multiple orders of its TASER Conducted Electrical Weapons (CEWs). These orders were received in the second quarter and are expected to ship in the second quarter.
Significant new TASER(R) deployments:
   -- San Diego County Sheriff's Department (CA): 1,200 TASER(R) X2(TM) Smart 
      Weapons Upgrade 
   -- Columbus Police Department (OH): 62 TASER(R) X26P(TM) and 8 TASER X2 
      Smart Weapons Upgrade 
Additional agencies deploying TASER Smart Weapons:
   -- Allegheny County Police Training Academy (PA): TASER X2 
   -- Clarksville Police Department (IN): TASER X26P 
   -- Cold Spring Police Department (KY): TASER X2 with TASER CAM(TM) HD 
   -- Gwinnett County Sheriff's Department (GA): TASER X26P 
   -- Henry County Sheriff's Office (OH): TASER X26P 
   -- Marathon County Sheriff's Department (WI): TASER X26P 
   -- Oglala Sioux Tribe Department of Public Safety (SD): TASER X2 
   -- Prattville Police Department (AL): TASER X26P 
   -- Quogue Village Police Department (NY): TASER X26P 
   -- Ruidoso Police Department (NM): TASER X2 
   -- San Ramon Police Department (CA): TASER X26P with TASER CAM HD recorders 
   -- Durango Police Department (CO): TASER X26P with TASER CAM HD recorders 
   -- TASER X2 Photos: http://www.taserbranding.com/x2-press-images/ 
   -- TASER X26P Photos: http://www.taserbranding.com/x26p-press-images/ 
   -- TASER X26 Photos: http://www.taserbranding.com/x26-press-images/ 
   -- Brazilian Website: http://br.taser.com/ 
   -- French Website: http://fr.taser.com/ 
   -- German Website: http://de.taser.com/ 
   -- United Kingdom Website: http://uk.taser.com/ 
   -- Spanish Website: http://es.taser.com/ 
TASER Social Media Links
   -- Facebook: https://www.facebook.com/TASER.International 
   -- TASER Blog: http://blog.taser.com/ 
   -- TASER LinkedIn: http://www.linkedin.com/company/71228 
   -- TASER YouTube: http://www.youtube.com/taserinternational1 
   -- Twitter: http://www.twitter.com/OfficialTASER 
About TASER International, Inc.
TASER protects life. TASER Conducted Electrical Weapons (CEWs) have saved more than 100,000 lives from potential death or serious injury. We enable greater transparency with the industry-leading TASER CAM and AXON Flex on-officer video systems. Together with our customers, we are defining the future of smart policing by connecting intelligent devices and sensors with the first secure cloud-based digital evidence management solution for law enforcement: EVIDENCE.com.
Since 1994, more than 260,000 private individuals have relied on TASER technology to protect themselves and their loved ones. Learn more about TASER and its solutions at www.TASER.com and www.EVIDENCE.com or by calling (800) 978-2737.
TASER(R) is a registered trademark of TASER International, Inc., registered in the U.S. All rights reserved. TASER logo, TASER X26(TM), TASER X2(TM), TASER CAM(TM) HD, Trilogy(TM) Logs, and AXON Flex(TM) are trademarks of TASER International, Inc.
Note to Investors
Visit our Investor Relations Safe Harbor Statement at: http://investor.taser.com/safeHarbor.cfm
For investor relations information please contact Erin Curtis by phone at 480-515-6330 or via email at IR@TASER.com.
Steve Tuttle
Vice President of Communications
TASER International, Inc.
Media ONLY Hotline: (480) 444-4000

Wednesday, April 10, 2013

4 A.M. "Last call"! California to party later into the night, San Diego DUI attorneys ask?

In what will no doubt mean more Overtime $ Pay for San Diego drunk driving Police and California Highway Patrol DUI officers, the state considers adding 2 more hours to Closing Time, lawyers are told.

Many people leaving a 2 a.m. bar find themselves being stopped by the California Highway Patrol, San Diego Sheriff's Department or San Diego Police Department shortly thereafter, California DUI attorneys know.

The recent legislation proposing an additional 2 hours will mean more DUI and drunk driving opportunities for San Diego California, say lawyers.

California State Senator Mark Leno sponsored the bill, maintaining it would increase tourism and revenue for bars and restaurants, more on par with Miami, Vegas & NY who have 4 a.m. closing times.

Problem is some opponents think more folks would drink longer, cause more problems, increase traffic in places like San Diego's Pacific Beach, and increase California DUI police presence while maintaining tourism would not be boosted.  Hard to measure.

The California police departments may ultimately choose to back it, as its DUI officers will make more overtime money from working more hours and writing more drunk driving reports, attorneys suspect.

If you, your family member, your Loved One or friend face a San Diego California DUI arrest, be sure to consult online for no charge with the San Diego County DUI Law Center.

This video discusses the 4 am closing time proposal.

Sunday, April 7, 2013

One of the highest growing reasons for a California DUI police officer to stop a driver on a California road is when the driver is texting or on his or her cell phone, attorneys notice as San Diego cracks down April 3 to 16, 2013

One of the highest growing reasons for a California DUI police officer to stop a driver on a California road is when the driver is texting or on his or her cell phone, attorneys notice.

Being on your cell phone unfortunately distracts your driving.  It may cause you to weave or swerve, California DUI lawyers remind.  And the consequence could be a California drunk driving conviction and $10,000 to $15,000 in costs.

The San Diego County DUI Law Center suggests that people put their phones away prior to driving. Turn them off. Put them in the trunk or glove box, California criminal defense lawyers recommend.

If the police have no lawful reason to stop you, a California DUI attorney can file this DUI lawyer motion to suppress evidence, which if granted can lead to a dismissal.

San Diego Sheriff's (DUI and regular) Deputies are presently on high alert and will be for a good part of April 2013, specifically searching for California drivers using their cell phones to text or talk without a headset. Deputies will work with CHP Officers to conduct zero tolerance enforcements from  April 3rd to April 16th.

April 2013 is the 3rd annual "National Distracted Driving Awareness” month. The fine for a first offense
of texting or using a hand‐held cell phone while driving in California is $159 plus court fees, with subsequent violations being much higher.

Distracted driving causes other drivers on California roads to be at risk.

California drivers utilizing hand‐held devices while driving are 4 times more probable to have an accident and to injure themselves.  Mix it with alcohol and a California DUI may be waiting to happen.

Texting while driving can delay a driver’s reaction time just as severely as having a blood alcohol content of a legally drunk driver (BAC of a California DUI driver.)

The National Highway Traffic Safety Administration (NHTSA) says there is no difference in the risks between hands-free and hand‐held cell phone conversations, both of which can result in “inattention blindness” which occurs when the brain isn’t seeing what is clearly visible because the driver's focus is on the phone conversation and not on the road.

Focus on the task of driving while driving a vehicle.

"One Text or Call Could Wreck It All." “It’s Not Worth It!”

To view a public safety message on distracted driving, visit this site, California DUI attorneys are told.

8 San Diego DUI drivers were trapped downtown on 1st Avenue (northbound) Friday and Saturday, April 5 & 6, 2013, say California DUI lawyers

8 San Diego DUI drivers were trapped downtown on 1st Avenue (northbound) Friday and Saturday, April 5 & 6, 2013, California DUI attorneys report.

The San Diego Police Department set up a California drunk driving roadblock, one of many - see this San Diego California DUI lawyer's list.

Over Two Thousand Three Hundred California drivers went through without being able to avoid.

Drivers not being able to avoid a California roadblock downtown San Diego?  Trapped, you ask your lawyer?  Are San Diego California drunk driving cops allowed to do this?  Read here for the answer.

Over One Thousand Four Hundred drivers were checked for DUI symptoms by San Diego Police Department cops.  Twenty-three were actually doing field sobriety tests aka FST's aka acrobatics, local lawyers are told.

If you or someone you know were arrested for a California DUI charge, start at this free San Diego consultation center for a review of your court and DMV case.

8 cars impounded & 1 647(f) arrest all from a University of California Berkeley DUI Mini Grant, say attorneys.

Friday, April 5, 2013

Intoxication via "drum & bass" electronic music causes fast, stupid & reckless driving, California DUI lawyers notice across the Atlantic Ocean

How you can be convicted of Driving under the Influence (DUI) of something having nothing to do with alcohol or drugs, California DUI attorneys implore?

Can you really be in such a state of mind after listening and/or dancing to drum and bass music that it affects you in an intoxicating way, California drunk driving lawyers are wondering?

Driving erratically & recklessly does not help, as in running lots of red lights and almost hitting another vehicle.  He may have been intoxicated by that bad music but he irritated others suggested the Judge.

The fast electronic music of "drum & bass" caused the United Kingdom's Aaron Cogley to drive like that and in a hurry.  How could it be so effective that there is is an unwritten link between Driving & Drum & Bass Music?  Think of Top Gear or Grand Theft Auto music.  The judge sentenced him as he called it Driving Under the Intoxicating effects of drum & bass.  He lost his driver's license for 1 year and must pass a test before he gets it back.

DUI police thought it was on something like a controlled substance or was drunk.  He did not test positive and told the cops he was listening to drum and bass and was in a hurry, the DUI lawyer prosecutor said in Bristol court.

His criminal defense attorney explained his client was stupid and was carried away due to the intoxicating effects of drum and bass music.  Wow, what a defense.  (Or a stupid admission.)  Yahoo!