Thursday, May 30, 2013

California DMV recognizes the 4th Amendment to the U.S. Constitution and must observe McNeely, California DUI attorneys remind

Section 12.084 of DMV Manual reminds California DUI lawyers that DMV must follow the 4th Amendment.   California DUI attorneys understand the U.S. Constitution guarantees against unreasonable search and seizures.  DMV hearing officers should, too.  Direct them to this part of their manual.

McNeely was recently cited in Missouri v. Reed (2013) 213 Mo.App. LEXIS 632, upholding the trial court's 
granting of a DUI attorney's motion to suppress warrantless blood draw:

"Although the trial court did not have the benefit of the United States Supreme Court case, Missouri v. McNeely, No. 11....1425, 81 USLW 4250 (U.S. April 17, 2013), the trial court presciently anticipated the holding that 
the natural metabolization of alcohol does not present a per se exigency that justifies an exception to the Fourth Amendment' s warrant requirement. 

The trial court correctly used a totality of the circumstances test and determined there were no special facts or exigent circumstances justifying an exception to the search warrant requirement."

Thursday, May 23, 2013

San Diego California's The Avoid the 15 DUI Task Force is deploying officers this holiday weekend at San Diego California DUI/Drivers License Checkpoints and San Diego California DUI Saturation Patrols, warn California DUI attorneys

Press Release by San Diego County DUI Law Center (featuring Locations of San Diego California DUI Checkpoints)

May 23, 2013

Warning from California DUI lawyers:  Memorial Day Weekend Holiday San Diego California DUI Crackdown - High Visibility Avoid San Diego California DUI Campaign Set for Holiday Weekend!!


San Diego California's The Avoid the 15 DUI Task Force is deploying officers this holiday weekend at San Diego California DUI/Drivers License Checkpoints and San Diego California DUI Saturation Patrols countywide to arrest impaired drivers and to keep the San Diego California public aware of the dangers of driving while impaired by alcohol and drugs, say California DUI attorneys.

The start of the San Diego California summer season has arrived, along with many college and high school graduations, but if history repeats… drunk or drugged driving crashes will rise when reckless drivers take to the roadways impaired. Friends and families will gather for celebrations and to start the summer season, often with alcohol this 3-day weekend. Law enforcement is reminding everyone to make plans now for those weekend trips and partying. Make sure to use a ‘Designated Sober Driver’ to prevent San Diego California DUI arrest or worse, a deadly driving tragedy.

San Diego California cops throughout the region, beginning Friday night, will deploy San Diego California DUI/Driver's License checkpoints around the county, with special San Diego California DUI Saturation Patrols deploying throughout the county. More San Diego California DUI checkpoints and San Diego California DUI Saturation Patrols will be out on Saturday and Sunday nights throughout the county. The San Diego California Highway Patrol is deploying all available officers Memorial Day weekend onto freeways and county roads as part of their San Diego California DUI Maximum Enforcement Period.

San Diego California DUI police region-wide is asking for everyone’s support this holiday weekend and all summer long:

• Plan ahead. Arrange rides home for your friends, family, co-workers and yourself before the San Diego California drinking begins.

• Those hosting San Diego California celebrations and servers must limit drinks to your guests or patrons. Don’t serve more than one or two over several hours.

• Identify and provide free non-alcoholic drinks to the San Diego California Designated Sober Driver.

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

• If you see dangerous driving in San Diego California, Report DUI & Drunk Drivers – Call 9-1-1!

The San Diego California Avoid Task Force will deploy checkpoints and San Diego California DUI patrols next during the Independence Day Holiday and for the summer August/Labor Day DUI Mobilization.

Tuesday, May 21, 2013

California Highway Patrol uses silly Goggle Test to attempt to show simulated driving at .07%, San Diego DUI attorneys wonder

A new, controversial proposal seeks to lower the limit to .05%.  California Highway Patrol got a San Diego reporter to do a simulated test, DUI lawyers are told, in hopes of convincing the public this BAC law is needed.

In the old days, track drivers would actually get drunk and drive to test the ability to drive drunk, say California DUI attorneys.

CHP wants to show folks that drivers can be impaired at .07%.  DUI arrests can be at .07%.

San Diego California News 8 reporter Carlo Ceccheto put on preset .07% simulated "fatal vistion goggles" without any information on how those goggles were determined to be consistent with a person with a .07% BAC!

The reporter hit 3 cones in the first track but what driver wears goggles while driving on a windy road a la "slow weave in a simple slalom course"?!

Naturally goggles will show some disorientation but that does not mean the person is drunk at .07%, exclaim California DUI lawyers.

California Highway Patrolman Pennings did these silly goggle tests with little explanation.  The second track had a slalom course that was wider, making the "goggles" difficult to drive while on.  Naturally the reported slammed into a cone.  The reporter pointed out the goggles made driving difficult because of the disorientation.  The goggles made vision blurry and affected the driver's equilibrium.  What it has to do with .07% no one knows.

The third silly goggle test was parallel parking.  The reporter again wore silly goggles while trying to park and keep the vehicle straight.  It was difficult with the goggles and the vehicled was sticking out one foot in excess.

Still wearing silly goggles, the California Highway Patrolman had the reporter do San Diego DUI field tests.  Goggles in place, the reporter took a few steps and had balancing problems.

These tests do not support the lowering of BAC to .05, say California DUI lawyers.  They simply show there are problems with goggles on.

How to get to a .05% DUI limit?  San Diego's channel 8 suggests 3 beers gets a hundred-seventy man there and 2 beers gets a hundred-twenty woman there.  In reality, in addition to weight and sex, there are many other factors including varying absorption & elimination rates among individuals, physiological differences, body fat %, reliability of testing gadget, proper administration, and a number of scientific and physical factors which come into play.

Friday, May 17, 2013

MADD Alternative "Victim Impact Panel" allows California DUI lawyers' clients to attend "online"

Attendance at a 1 hour MADD "Victim Impact Panel" makes California DUI attorneys mad.  Why?  California DUI lawyers point out most persons ordered to attend a MADD meeting also have to do a full alcohol program or other court-ordered requirements.

So why allow MADD to profit from the voluntary contribution most people feel compelled to pay?

In San Diego, here's a list of MADD meetings.

There's an alternative to funding MADD's self-perpetuating existence. The Victim Impact Speakers at www.victimimpactspeakers.com or victimimpact@att.net (217) 546-4922 have let California DUI attorneys know that they offer Victim Impact Panels for a reasonable fee of $49.

This alternative is especially for folks on DUI probation who have to travel long distances to attend a MADD meeting, are out-of-state, or are running out of time to attend the MADD meeting ordered by a California DUI court, lawyers emphasize.

Victim Impact Speakers provides an online seventy-eight VIP panel session which has five experienced speakers.

Proof of attendance is provided to the person on California DUI probation taking the online VIP session and proof is faxed to the destination (e.g. probation department) of the person's choice in order to assure timely compliance.

California DUI lawyers may have to get court permission or assessment unit authorization in certain cases.

This non-profit organization also provides on-site victim impact panels in cooperation with state prosecuting attorneys and probation departments throughout the United States.


Tuesday, May 14, 2013

.05% BAC Legal Limit for California Drivers? Too low, say California DUI lawyers!

Foolish federal DUI politicians are at it again, asking for a low .05 limit, California DUI lawyers say.  California DUI attorneys know this is going too far!  We already went from .15% in the '80's to .10% and then .08% by 2004.  Most of those changes were thanks to the mad folks at MADD.

Their justification?  DUI / alcohol-related road deaths dropped from 20,000 in 1980 to 9,878 in 2011.  But those deaths also may have declined at least partly due to people changing their social drinking habits, a strong commitment towards educating folks about drunk driving and an economic decline.

This new proposal is not needed, say San Diego DUI lawyers as California DUI prosecuting attorneys already prosecute drunk driving cases when the BAC is less than .08% - see this Article.

In California, there's a rebuttable presumption that (a non-commercial) driver (over the age of 21) is NOT under the influence if one's BAC is less than .05%!

It makes little sense to lower a legal driving limit to a random number that is presumed to have no impairment associated with it.

One good thing say California DUI lawyers:  the National Transportation Safety Board (NTSB) which decided this recommendation to states to reduce the limit from .08% to .05%, has no authority to change any state's laws, including California's, says San Diego DUI attorney Rick Mueller.

How are these politicians and drunk driving prosecution lawyers in California going to do with the Standardized Field Sobriety Tests? Will they then have to try to somehow illogically validate the SFST's at .05%?!  There does not seem to be any plausible way for the California DUI Prosecuting Attorney or the state "expert" to somehow possibly and logically explain away the .04% dip from the Grand Rapids study.

But they don't care.  Their goal is job security.  NTSB says about five to eight hundred people's lives would be saved each year by lowering the rate to .05% BAC.  NTSB claims over 400,000 folks died due to DUI or drunk driving driving aka alcohol-impaired driving over the past thirty years.

They'll use their political power and get MADD involved to bully states along, threatening to take road repair money away, using effective extortion.

This means it will be harder on people just to have a few drinks out on the town, say San Diego DUI lawyers.







Tuesday, May 7, 2013

San Diego "sex for no DUI" cop in prison for 9 years cheated on his exams at the police academy to become a San Diego California DUI cop, attorneys discover

To get out of a San Diego California DUI, what would you do, attorneys ask?  You don't want a California DUI, "what can you do for me?" asked convicted San Diego DUI officer A. Arevalos over the years.

Here's what the San Diego "sex for no DUI" cop in prison for 9 years did to become a San Diego California DUI police officer - he cheated on his exams at the police academy, lawyers learned today.

So trading sexual favors for no DUI was the ultimate step for this San Diego California cop.

A former San Diego cop & police academy colleague F. Torres said at his deposition that Arevalos bragged that he had all the answers because he had somebody connected to him from the San Diego Police Department that gave him all the test answers.  His San Diego PD connections covered for Arevalos throughout his career as he sexually assaulted women.  "They just turned the other cheek and walked away from it.  That's the way the police culture is.  If I didn't see it, it didn't happen." Torres says he tried to avoid going to calls involving Arevalos because you knew it was to go "sideways."

Over a dozen years ago, when Torres worked with Arevalos, he saw him take Polaroids as a mentally ill woman performed sex acts.  When he arrived, the femaile was in the back of the patrol car naked with her handcuffs in front of her and she had the baton.  He reported it to his supervisors at SDPD, one of whom is a Sgt. and the other the head of the SDPD criminal "intelligence" unit.  Both were big party buddies of the bad cop.

In the criminal case, the judge would not allow Torres' testimony because it would be too prejudicial.  The same attorneys claimed Torres had the credibility to hurt the defendant's case.












Monday, May 6, 2013

DUI Police made only 1 San Diego California DUI arrest at Vista DUI Checkpoint Cinco De Mayo weekend, say California drunk driving criminal defense lawyers


California's premier DUI attorney, Rick Mueller, posts current locations of Nazi-style DUI checkpoints in San Diego.   Cops made hundreds of San Diego California DUI arrests this weekend but only 1 DUI arrest at a Vista DUI checkpoint this weekend, say local drunk driving criminal defense lawyers.

On Cinco de Mayo weekend, Sheriff's County Sheriff's Department, Vista California Station, conducted a DUI & License checkpoint at 900 Vista Village Drive, Vista, California.

The California DUI checkpoint took place from 7:30 PM to 2:00 AM on May 4, 2013, Saturday evening. 1,283 vehicles passed through the California DUI checkpoint with 688 of those drivers contacted.

The California DUI results included the following:

Only 1 driver was arrested for California DUI - driving under the influence of alcohol!

7 California DUI Field Sobriety Evaluations were conducted on drivers suspected of driving under the influence of alcohol.

4 vehicles were towed and stored due to violations including driving without a California driver license, driving with a suspended California driver license and as a result of the sole California DUI arrest.

7 citations were issued for driving without a California driver license.

1 citation was issued for driving with a suspended California driver license.

CALIFORNIA DUI CHECKPOINT ACTIVITY:

VEHICLES CONTACTED: 688
VEHICLES THROUGH WITHOUT CALIFORNIA DUI CONTACT: 595
TOTAL VEHICLES THROUGH: 1283
VEHICLES SENT INTO SECONDARY CALIFORNIA DUI STAGE: 36

San Diego SHERIFF’S CALIFORNIA DUI FIELD SOBRIETY EVALUATIONS:  7

23152 VC CALIFORNIA DUI Driving Under the Influence of Alcohol ARREST TOTAL 1
23152 VC CALIFORNIA DUI Driving Under the Influence of Drugs ARREST TOTAL (Drugs) 0

CALIFORNIA DUI VEHICLES TOWED/STORED: 4
CALIFORNIA CITATIONS ISSUED: 22

MULTIPLE VIOLATIONS ON CALIFORNIA CITES

12500(a) VC Driving Without Valid CALIFORNIA Driver License 7
14601.2(a) VC Driving With Suspended Driver License (CALIFORNIA DUI Related) 1
12951(a) VC Driving Without CALIFORNIA Driver License in Possession 10
14604(a) VC Owner Allowing Unlicensed Driver to Drive Vehicle 1
2818 VC Driving Though a Cone or Flair Pattern 1

Sunday, May 5, 2013

Today is Christmas for California DUI Cops, lawyers announce - "Cinco de Mayo" is like fishing in a barrel, compares San Diego California DUI Attorney Rick Mueller

Today is Christmas for California DUI Cops, lawyers know.  Cinco de Mayo is like fishing in a barrel, San Diego California DUI Attorney Rick Mueller opines. When there's that many people drinking and driving, all the drunk driving police in California need to do is look around, stop, investigate and arrest for DUI, San Diego California DUI Lawyer and drunk driving article writer Rick Mueller suggests.

In San Diego, California, DUI Police are increasing their presence big-time today.  Each San Diego County area police agency is deploying as many extra cops to patrol and make arrests for California DUI.  Why?  Because today is May 5th "Cinco de Mayo" and celebrations will be huge on the day off for most people.

California areas of San Diego, Oceanside, Vista, Chula Vista, El Cajon, La Mesa, Poway, Encinitas, Del Mar, Pacific Beach, La Jolla, Santee, Lakeside, Escondido, Rancho Bernardo, Carmel Valley, Carlsbad, Ramona, Valley Center, San Marcos, Eastlake, Spring Valley, Bonita, Coronado, Jamul, Imperial Beach, and others within San Diego County will work together with the San Diego County Avoid the DUI California campaign to conduct DUI saturation, DUI patrols and DUI checkpoints.  See here for list of locations of drunk driving roadblocks.

The revenue these DUI stops create helps municipalities and California cops seeking overtime compensation, attorneys know. MADD receives donations as DUI arrests continue, to fund its anti-drunk driving efforts throughout California, lawyers say.





Friday, May 3, 2013

Cinco de Mayo California DUI Police Hit Squad starts its patrols and checkpoints, attorneys announce!

It started minutes ago!  California DUI Attorneys report drunk driving police are officially out "looking for you" if you drink and drive, for the next 3 days!  San Diego's Sheriff's Department, California lawyers say, announced just now that its Avoid the 15 partners will be conducting DUI patrols all over San Diego California for Cinco de Mayo weekend starting Friday, May 3rd at 6:00 p.m. all the way including Monday, May 6th at 2:00 a.m.

 San Diego California Sheriff's Deputies will also be conducting a California DUI and Driver License Checkpoint in Vista on Saturday, May 4th from 7:30 p.m. to 2:30 a.m.  Check this San Diego California DUI lawyer drunk driving roadblock location site.


 San Diego California DUI cops even caution about slight buzzes although technically they are legal, say attorneys.   They say:

Buzzed driving is DUI (drunk driving), and is never safe or acceptable. So folks should plan ahead now to avoid the temptation on the big day. People can still enjoy the holiday and celebrations without a DUI and without putting their lives or the lives of other innocent victims on the line. Party‐goers can call a friend, a cab or use San Diego California public transportation, says San Diego California Sheriff Bill Gore.

Wednesday, May 1, 2013

California DUI attorneys Captain Motion and Okorie Okorocha (also a forensic scientist/expert) shot down a proposed "strict liability" DUI law (SB-289) making it a crime to have ANY amount of drug in your system, California DUI Lawyers Association is proud to announce!

Top California DUI Attorneys include San Diego's Rick "DMV Guru" Mueller, Indio's Michael "Captain Motion" Kennedy, Riverside's Don "President of California DUI Lawyers Association" Bartell, Irvine's Vince "The General Tucci, San Francisco's Josh "Excecutive Director of California DUI Lawyers Association" Dale, Laguna Beach's Barry "Sherlock" Simons, and Long Beach's Lawrence "The Dean" Taylor, among others.

Yesterday, the courageous California DUI attorneys Captain Motion and Okorie Okorocha (also a forensic scientist/expert) shot down a proposed "strict liability" DUI law (Senator Correa's SB-289) making it a crime to have ANY amount of drug in your system.  These brilliant California DUI attorneys were in Sacramento California speaking in the California Senate Public Safety Committee.  Here is that video shooting down the stupid bill.  These well-respected California DUI lawyers pointed out how bad this state's DUI law would be if California were to criminalize driving with any drug in one's system without concern for impairment or "being under the influence." 

Even though top-notch California DUI lawyer Michael Kennedy stood to gain from such a silly law, an interest in being able to earn money from the many who would pay him, Captain Motion pointed out that in terms of constitutional purity, from the standpoint of "my soul lasting longer than my pocketbook," and that this California DUI law "makes no sense."

Well-known California DUI lawyer Michael Kennedy pointed out at least half of the room in Sacramento California would be criminals today if this new proposed DUI law passed.  That's because any type of drugs - anxiety, depression and other prescriptions - could make a person a DUI criminal in California.  He swept his arm throughout the Senate Chamber as he made his point.   

He pointed out it's already against the DUI law for California drivers to be impaired while driving after taking drugs. If the drugs affect your ability to drive with the caution characteristic of a sober person, you can be guilty of a California DUI.

If you need help with a Caifornia DUI, here's The Captain's information:

Michael J. Kennedy
Attorney at Law
82632-B Hwy 111, #3
Indio, CA 92201
ph: 760-863-3840
fax: 760-863-3842
http://www.kennedyforlaw.com
http://capmotion.blogspot.com/

"I can, and do regularly, read the Constitution; moreover, I understand it." M.J. Kennedy
"An eloquent scholar on the Constitution...." Desert Sun Editorial Board

Captain Motion is rated by AVVO as a 10
Lifetime Achievement Award ["The Eddie"], California DUI Lawyers Associaton
Lifetime Achievement Award, The Private Defenders of California, Inc.