Friday, August 30, 2013

California basketball fans ponder the future of Lamar Odom after latest DUI arrest, attorneys say

Lamar had it all, but not right now, say California dui lawyers.  Busted for drunk driving by the California Highway Patrol last night, his future is uncertain, say San Diego California DUI attorneys.

Going 50 in his Benz on the 101 after 3 a.m. is not good.  A $15 K bail is serious.  A court date next month will reveal if he really flunked his field sobriety tests and had signs of intoxication, say California DUI lawyers who love basketball.



Monday, August 26, 2013

San Diego California DUI Checkpoints Over Weekend Yield 18 Drunk Driving Arrests, say attorneys

Visitors of San Diego California love the fact that the San Diego County DUI Law Center's warns drivers of where the DUI checkpoint locations are, attorneys are told.  18  poor souls did not know about the 3 San Diego California checkpoints this weekend, or were unable to avoid, DUI lawyers believe.

San Diego California, Santee California and Chula Vista California put up 3 drunk driving roadblocks designed to trap motorists and arrest those accused of being DUI, attorneys believe.

Of the 2,200 cars came upon the G Street and 14th Street San Diego California saturday night DUI checkpoint in East Village San Diego California, over 800 drivers were questioned and 12 were arrested for California DUI, lawyers report.

In Chula Vista California, DUI cops put a roadblock up at North 4th Ave and L Street both friday and saturday night.  3 got popped for DUI.

Santee California DUI cops staged a Mission Gorge Road roadblock saturday night, resulting in a single DUI arrest, lawyers are told.  1,100 drivers were inconvenienced.

2 were arrested for San Diego DUI after being trapped at Broadway near Grove Street in Lemon Grove over the weekend.

Finally, 0 were arrested for DUI after a Mile of Cars Way DUI checkpoint friday night in National City, California.



Sunday, August 18, 2013

California DUI prosecuting lawyers are scrambling to get forensic equipment in line with acceptable scientific standards by certifying to meet "international standards" by end of 2013, report San Diego California DUI attorneys

California DUI crime laboratories are certified by The American Society of Crime Laboratory Directors, San Diego DUI attorneys remind.  California DUI prosecuting lawyers are scrambling to get forensic equipment in line with acceptable scientific standards by certifying to meet "international standards" by the end of 2013, say San Diego California DUI lawyers.

Without such international standard certifications, California DUI defense lawyers have been fairly challenging the present method of blood alcohol level estimate analysis as not being sound scientifically.  

California DUI juries can acquit folks of drunk driving charges instead of finding them guilty beyond a reasonable doubt on the notion that the California DUI prosecution team is not using the best science available in this world.

California County DUI laboratories which are not so certified face the risk of being exposed at jury trial, attorneys remind.

Challenging California drunk driving evidence depends on many complicated factors.  Exposing laboratories is not cheap, say San Diego DUI lawyers.

Here's what ASCLD said a few years ago in reviewing historical practices of laboratories:

Review of Historical Activities of Forensic Laboratories

Care must be taken reviewing the historical practices of forensic laboratories while looking through the lens of a 2010 quality system and analytical practices.  The Report reviewed reporting practices of the SBICL between 1987 and 2003 and was critical of those practices during that time frame. 

The forensic science community has developed quality assurance standards to examine, review and improve the quality of work performed within laboratories offering forensic services. These standards are continually updated and improved and have become increasingly more stringent over the years, ensuring robust quality systems in forensic laboratories.

Through conscious, ongoing efforts the reporting requirements for ASCLD/LAB accredited forensic science laboratories have evolved to become more specific and rigorous. For example, in 1993, the ASCLD/LAB standard for reporting was:

“Conclusions reported must fall within the range of acceptable opinions of knowledgeable individuals in the field of forensic science or be supported by sufficient scientific data.”

  
In 2010, the ASCLD/LAB standard for reporting is:

“Written reports must be generated for all analytical work performed on evidence by the laboratory and must contain the conclusions and opinions that address the purpose for which the analytical work was undertaken.  The significance of associations made must be communicated clearly and qualified properly.  The name of the author(s) must appear in the report.”

In order to review the historical work and practices of a forensic laboratory, one must perform the review in light of accepted standards at the time the work was performed








Tuesday, August 13, 2013

Another simple reason why you should not appear at a DMV hearing, remind California DUI lawyers

Another reason NOT to appear at your DMV hearing is when the California DUI officer appears, California DUI attorney Charlie Unger reminds.

That's because YOU being there may help the California DUI cop refresh his memory about what happened, lawyers suggest.

The preferred approach is for the licensee NOT to appear at DMV.  See this San Diego County DUI Law Center information page.

If you were arrested August 13 and the DMV hearing is in October or November, a subpoenaed California DUI cop may have trouble remembering some of the details.  He or she has lived a couple of months or more and with the passage of time goes memory of events.

The California drunk driving cop won't remember you through your DUI attorney.  You are remembered by your face.  So if YOU show up at the DMV hearing, the California DUI cop may have a better memory and provide more detail than you would care for him or her to remember.

Less facts = better.
More facts = not better.

KISS.  Keep It Simple Stupid.

Sunday, August 11, 2013

California DUI attorneys may not trade sex for defense work and prostituting lawyers may not trade sex for office supplies

San Diego PD's reputation for trading Sex for No DUI made some California news, drunk driving lawyers remind.  Now DUI attorneys are hit with 2 new cases this week, (A) one that says prostituting lawyers can't trade sex for office supplies and (B) another that says DUI lawyers cannot trade oral sex for DUI attorney defense representation.  In doing so, rules of professional conduct were violated.

A. SEX FOR DUI LAWYER WORK FACTS

3. In November of 2010, "Jane Doe" was arrested for
Driving Under the Influence of Alcohol or Controlled Substance
( "DUI") .
4. Ms. Doe had previously received an Accelerated
Rehabilitative Disposition for a prior DUI.
5. In or about February 2011, Ms. Doe met DUI Defense Attorney
Respondent at his office. ("First Meeting")
6. Prior to the First Meeting, Respondent and Ms. Doe had
never met.
7. At the First Meeting:
8. a) Ms. Doe advised Respondent of her previous ARD
and her recent arrest for our and inquired as to
his fee for representation;
b) Respondent quoted Ms. Doe the fee of $1,000 to
cover the work associated with an anticipated
guilty plea agreement;
c) Ms. Doe advised Respondent that she did not have
a lot of money;
d) After further discussion, the parties agreed that
Ms. Doe would perform oral sex on Respondent;
e) Respondent left his desk and locked his office
dlor; and
f) After Respondent locked the office door, Ms. Doe
performed oral sex on Respondent.
A few weeks after the first meeting, Respondent
entered his appearance on behalf of Ms. Doe for her our matter.
9. On at least two additional occasions after the first
meeting, and prior to the conclusion of Ms. Doe's criminal
matter, Ms. Doe performed oral sex on Respondent in his
office, after he had locked the door.
10. Respondent represented Ms. Doe until the conclusion of
the DUI case.

B. Earlier this week, an Illinois Attorney was guilty of prostitution and agreed to 3-year suspension of law license.  She had sex in exchange for office supplies for her legal practice and later pleaded guilty to prostitution charges, state records show, say lawyers.

Saturday, August 10, 2013

No California DUI arrests were made Friday at a Poway drunk driving roadblock while just 3 California DUI arrests were made at a Santee DUI checkpoint last night, San Diego California DUI attorneys announce

No California DUI arrests were made Friday at a Poway drunk driving roadblock while just 3 California DUI arrests were made at a Santee DUI checkpoint last night, San Diego California DUI lawyers report.

The results of these California DUI checkpoints are reported below by the San Diego County DUI Law Center which lists the locations of these drunk driving roadblocks on its free San Diego California DUI attorney site.

Poway

San Diego County Sheriff's deputies conducted a  California DUI checkpoint Friday, August 9, 2013, from 7:00 pm until 2:30 am. The  California DUI checkpoint was set up at a weird location, at Pomerado Road and Stowe Drive in the city of Poway in San Diego County. The following are results of the  California DUI checkpoint:

VEHICLES CONTACTED: 529
VEHICLES THROUGH WITHOUT CONTACT: 23
VEHICLES SENT TO SECONDARY: 33
 California DUI FST GIVEN: 1
 California DUI  arrests:  0
UNLICENSED DRIVER CITATIONS: 20
SUSPENDED LICENSE CITATIONS: 3
OTHER CITATIONS: 1
VEHICLES STORED: 1

Santee

San Diego County Sheriff's deputies conducted a  California DUI checkpoint on Friday August 9, 2013, from 8:00 pm until 2:30 am. The California DUI checkpoint was conducted in the 8800 block of Mission Gorge Road, in the city of Santee. The following are the results of the California DUI checkpoint:

VEHICLES CONTACTED: 1053
VEHICLES THROUGH WITHOUT CONTACT: 0
TOTAL VEHICLES THROUGH: 1053
VEHICLES SENT TO SECONDARY: 51
 California DUI FST GIVEN: 9
 California DUI ARREST TOTAL: 3
OTHER ARRESTS TOTAL: 3
VEHICLES STORED: 6
CITATIONS ISSUED: 11
SUSPENDED LICENSE CITATIONS: 3

 Funding for these grant was provided by the California Office of Traffic Safety.

Tuesday, August 6, 2013

Texting while walking may become illegal, say San Diego California DUI attorneys reporting via Washington D.C.

California passed a law forbidding texting while driving, San Diego DUI lawyers remind.  Distracted driving or texting while driving is more dangerous than drunk driving, San Diego California DUI attorneys believe.

Washington D.C. is concerned about the rising number of pedestrian fatalities partially due to distracted walking including texting while walking.  The DOT wants to do something about it, say lawyers.

It really is not safe to be crossing streets while looking at a phone.

Here's what today's LA Times reports:
The Department of Transportation announced steps Monday to combat a recent rise in pedestrian deaths that it said was partially due to what Secretary Anthony Foxx called "distracted walking."
Walking while texting or listening to music, or while on drugs, may have contributed to the increase, Foxx said.
"Distracted driving, distracted walking, if that can be a phrase. … Their behaviors as they are driving or walking can impact our ability to keep people safe," Foxx said.
After decades of fewer pedestrians being killed in traffic crashes, deaths rose from 4,109 in 2009 to 4,432 in 2011, and 69,000 were injured, according to the National Highway Traffic Safety Administration.
New York, Los Angeles and Chicago have the highest percentage of pedestrians killed relative to all traffic deaths. Pedestrians comprise 51% of all motor vehicle deaths in New York, 42% in Los Angeles and 30% in Chicago.
The top 22 cities with deaths far greater than the national average have until Aug. 30 to apply for a total of $2 million in safety grants.
Foxx said the answer was more enforcement and education, like a pedestrian safety campaign.
"Everyone in America is a pedestrian," Foxx said. "Every pedestrian death is one too many."
Foxx's plan includes a pedestrian advocacy summit this fall with the national nonprofit America Walks, a coalition of groups working to improve conditions for pedestrians.
"We need everyone to play a role in pedestrian safety," said NHTSA Administrator David Strickland, emphasizing that drivers and pedestrians needed to better follow driving laws.
More than 1,500 pedestrians were treated in emergency rooms in 2011 after being injured while using a portable electronic device like a cellphone, according to a recent U.S. Consumer Product Safety Commission report.
The Department of Transportation's data show that 3 out of 4 pedestrian deaths occur in urban areas, and more than 2 out of 3 happen at non-intersections. More than 70% happen at night, with a third of the deaths occurring between 8 p.m. and midnight.
Alcohol was involved in half of traffic crashes resulting in pedestrian fatalities, and 37% of pedestrians had a blood alcohol concentration above the legal limit, compared with 13% of drivers involved in crashes.

Monday, August 5, 2013

"Redress Program" may be option for dealing with old, prior felony DUI or misdemeanor DUI case at Customs, California DUI lawyers say.

San Diego County DUI Law Center's Rick Mueller helps people dismiss California DUI cases.  For information on expungements and petitions to dismiss California DUI cases, visit this California DUI lawyer website.

Yesterday's On the Spot in the LATIMES.com Travel section disscussed an important alternative in dealing with old arrest records, whether a DUI or something else, California criminal defense attorneys noticed.

The "redress program" may be a way the Customs can wipe a record clean.  Here's the article:
If you've been arrested or CBP thinks you have been, your return to this country may be anything but a cakewalk.
A July 21 On the Spot column ["At Miami Customs, a Legal Tangle"] told the story of a Southland man who had been arrested in 1970 for possession of a small amount of marijuana, then a felony. He was acquitted and had spent the ensuing 43 years as a public servant. Returning from a recent tour group trip to South America, he was detained and questioned about his record, something that had not happened in more than a dozen trips in and out of the country in preceding years. He was unnerved but had nothing to hide and was released. Customs told him to get his record expunged.
Customs told me later that he needed to go through the redress program. I'm unclear why Miami Customs didn't suggest that route, which is less expensive than going through the legal process required to wipe a record clean.
But, then, there are many things I don't understand about Customs, including this reader's story: She wrote to say that she and her husband, whom she described as looking like grandparents, were detained reentering the U.S. at the Canadian border while officials questioned them extensively about their itinerary and work history.
The husband had a misdemeanor arrest, also in the 1970s. "My husband seemed to think the man [the Customs officer] had a bully complex, i.e., he had the power and we didn't, [so] we had to play the game politely in order to gain admittance to the country we were born in after leaving it for less than 24 hours."
This couple had been in and out of the country several times and had never had trouble.
Los Angeles immigration lawyer Eliezer Kapuya thinks improved computerized records and additional information that you disclose on social media may have something to do with the increased scrutiny. "1984 is already here," he said.
"We are living in a time where computers are storing in their memories the secrets of our lives forever," he said in an email. "I have had several clients who were detained at various airports" because of this.
Both Kapuya and reader John Young of Glendale think traveler fatigue puts you at a distinct disadvantage when you return to the U.S. after a long flight. The Customs officers are fresh, Kapuya said, and you are not. Young, who says he frequently gets stopped when he returns to the country, said, "'Suspicious' usually means jet-lagged and tired."
Kapuya thinks the size of the crowd at immigration can determine whether you're detained; he also attributed some of it to luck, good or bad.
Another reader has the latter, it would seem. Customs believes she was caught trying to smuggle drugs into the country in 1986. She never left the country that year, she said in an email, and is nothing but a law-abiding citizen, although she did acknowledge a traffic ticket.
The redress program is probably her best bet. Does it work? Brian Kelly, who writes the blog ThePointsGuy.com, said his father shares the name of an Irish terrorist. His dad was always stopped at Customs and sought relief through the redress program. He has had no entry problems since. To learn more about CBP's program, go to http://www.dhs.gov/dhs-trip.
One reader wrote to say that if you want a pleasant Customs encounter, you should try the Dublin airport. "We landed, collected our luggage and went looking for Customs," he said. "We were almost to the arrival area when I saw an officer sitting in a chair and asked him where we were to clear Customs. He looked up and said, 'You just did.'"
There is, methinks, a happy medium between the above scenarios and the Dublin experience. Is it OK to scare the wits out of someone in the name of national security.  

Sunday, August 4, 2013

Sad Drunk Driving death of a 60 year old driven by his 27 year old son, hitting trees off the 94, San Diego California DUI lawyers report

People need to slow down while driving.  Driving fast is inherently dangerous, suggests California DUI lawyers.   San Diego California DUI attorneys point to this latest, senseless Drunk Driving death of a 60 year old passenger in a 1994 Volvo sports sedan driven by his 27 year old son, hitting trees off the 94, just before 11 pm.

Driving fast means switching lanes, possibly affecting other traffic.  If another car is changing lanes, look out.

Coincidentally, a guy wrote into the LA Times (letter to the editor) saying he once drove his corvette a 120 mph driving to Las Vegas and will never do it again.  That was one flirt with too much speed.

One unhappy family here.  Driving too fast.  Not a good idea.  Slow down.  Be safe.