Sunday, January 26, 2014

New California DUI Code Section Language, San Diego DUI attorneys note

San Diego County DUI Law Center notes that this month
the California law on Drunk Driving changed.  The law used
to combine Alcohol and/or Drugs.  Not anymore say DUI Attorneys
in San Diego California.  Here it is:

California Vehicle Code
Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for a person who is under the
influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more,
by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent,
by weight, of alcohol in a person’s blood is based upon grams of
alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.

In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a
chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of
any drug to drive a vehicle. This subdivision shall not apply to
a person who is participating in a narcotic treatment program
approved pursuant to Article 3 (commencing with Section
11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and
Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more,
by weight, of alcohol in his or her blood to drive a commercial
motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of the performance of a
chemical test within three hours after the driving.

(e) It is unlawful for a person who is under the influence of
any drug to drive a vehicle.

(f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.

(g) This section shall become operative on January 1, 2014.

Thursday, January 23, 2014

Lamborghini race gets Justin Bieber a DUI, California lawyers say

News Flashes start with big names like Justin Bieber arrested for DUI, California attorneys say.    When you're 19 and you're partying in Miami, what do you think is going to happen at 4 a.m. while driving a Lamborghini drunk, San Diego California DUI lawyers know.

Yes. Justin Bieber was charged with DUI / drunk driving, resisting arrest and driving without a valid license after police saw the pop star street racing Thursday morning, San Diego California DUI attorneys say.
“What the f*** did I do? Why did you stop me?” Bieber told the police officer who pulled him over just after 4 a.m., according to the DUI arrest report.
Bieber, 19, was booked into a Miami jail after failing a sobriety test, Miami Beach Police Chief Raymond Martinez told reporters Thursday.
Bieber “made some statements that he had consumed some alcohol, and that he had been smoking marijuana and consumed some prescription medication,” Martinez said.
A Miami Beach officer saw Bieber driving a yellow Lamborghini in a race against a red Ferrari in a residential area of Miami Beach, Martinez said. The cars were speeding at about 55 to 60 mph in a 30 mph zone, he said.
The officer pulled Bieber’s car over, but the singer was “was not cooperating with the officer’s instructions,” Martinez said.
“At first, he was a little belligerent, using some choice words questioning why he was being stopped and why the officer was even questioning him,” he said.
He allegedly ignored a police officer’s request to keep his hands on the car while he did “a cursory patdown for weapons,” the report said.
“I ain’t got no f***ing weapons,” the arresting officer quoted Bieber as saying. “Why do you have to search me? What the f*** is this about?”
The arrest report describes Bieber as having a “flushed face, bloodshot eyes, and the odor of alcohol on his breath.”
Bieber allegedly failed a DUI field sobriety test, Miami Beach Police Sgt. Bobby Hernandez told CNN.
Two black SUVs blocked the traffic at 26th and Pine Street which “facilitated an open road” for the two cars to race on Pine Street, the report said.
The Ferrari’s driver, whom a police spokesman called “an associate of Bieber,” was also arrested on a drunk driving charge.

Wednesday, January 15, 2014

When a Hit & Run Charge Beats a DUI, California drunk driving attorneys note

There are times when you are drunk and hit another vehicle, sometimes you know it and sometimes you are not sure, say California DUI lawyers.

If you believe there was no collision, you can continue to drive; if there was no actual accident but you stopped, DUI cops may still bust you in California.

If there was a DUI accident, you will be tested.

If it later turns out you did hit and you ran - but were not tested - then it's tough for the cops to prove a DUI, California DUI criminal defense attorneys emphasize.  This story is another example.

A hit-and-run victim is dead, police know the driver who was involved – but still no San Diego DUI or Hit & Run arrest.
Robert Fisher, 54, died on the night of Jan. 6.  Fisher, a homeless man, was crossing the road near Main and Jamacha in El Cajon when an SDG&E worker hit him with a company truck and sped off.
El Cajon Hit Run“If it had been you or I – we’d be under arrest right now.  I don’t know why this guy hasn’t been arrested,” said Dan Gilleon, the attorney representing Fisher’s son.  “They know he was driving at the time.  They have the truck and the truck was damaged.”
The 56 year-old SDG&E employee has been suspended, but has not been charged.
“It’s possible SDG&E got to their employee quickly, got him a lawyer and told him to shut up – not answer any questions – and the police are just saying ‘we’re going to arrest you in due course.’  I don’t know, though,” said Gilleon.
The worker’s driving record shows a DUI back in 2005.  SDG&E has not released his name.
“During the hiring process, prospective employees go through appropriate background checks.  SDG&E follows all applicable Department of Transportation regulations,” according to SDG&E spokesperson Michelle Nixon.
Gilleon plans to file a wrongful death lawsuit by the end of January.
“What was he trying to hide?  The most obvious explanation – he didn’t allow himself to be tested – is that he was under the influence just like he was back in 2005.  We don’t know that because he didn’t stick around,” said Gilleon.

Friday, January 10, 2014

San Diego California DUI Attorney Rick Mueller recognized as a Top Lawyer in California for 2014

California DUI attorneys notice that it seems like almost every year San Diego DUI lawyer Rick Mueller is nominated for something or another.

This year San Diego DUI attorney has been named one of the Top Lawyers in California.  This means the Highest in Ethical Standards & Professional Excellence for 2014.


Tuesday, January 7, 2014

Will rehabbing Amanda Bynes go to jail for her California DUI, attorneys are asked

California DUI attorneys represent important people and regular people like you and I.  Celebrities get in trouble just like judges and cops do, say California dui criminal defense lawyers.  One celebrity is looking at jail unless her California DUI attorney can save her from it.   Here's what is up:

Amanda Bynes is hoping to resolve her DUI case without being hit with any jail time.

Amanda Bynes' long-running DUI case was back in a California courtroom Tuesday and sources said the "Hairspray" actress is hoping to resolve the matter soon without any jail time.
Los Angeles County Judge Edward Moreton Jr. set a new pre-trial hearing for Feb. 20. He said he wanted to get the ball rolling again after a different judge found Bynes competent in November to continue with the nearly two-year-old misdemeanor case.
Bynes' lawyer declined to speak to reporters outside court, but sources said both sides are working to hammer out a plea deal and avoid a trial.
The former child star was released from in-patient psychiatric treatment in November and is now living with her parents in Thousand Oaks, Calif., while under a mental health conservatorship.
She was formally diagnosed with schizophrenia after months of disturbing behavior that culminated with a makeshift fire set in a stranger's Southern California driveway last July, sources told The News.
The 27-year-old actress stripped her burning pants off during the mayhem and told a witness that her gasoline-drenched dog was hurt and needed help, the witness said.
"She's doing really well," a source told the Daily News Tuesday. "If she stays on her program, she'll be just fine."
Bynes has pleaded not guilty in her California DUI case, previously denying she was drunk or high when she allegedly hit a Los Angeles County Sheriff's cruiser on Apr. 6, 2012.
The former Nickelodeon star also was involved in two hit-and-run incidents that year but got the misdemeanor cases dropped by reaching civil settlements with the victims.
She was later cited for driving without a license near Burbank Airport in September 2012.
Bynes pleaded "no contest" May 9 to one count of driving on a suspended license and received three years of informal probation.
The wig-wearing actress also is nearing a conditional dismissal deal in her Manhattan bong-tossing case, her New York lawyer hinted last month.
Bynes now is attending outpatient treatment several times a week and is newly enrolled in classes at the Fashion Institute of Design and Merchandising in Irvine, Calif., a different source said last month.
"She is excited to get a fresh start," "She's made great strides in her progress," lawyers are told.

Sunday, January 5, 2014

California DUI checkpoint at Fallbrook, say San Diego DUI lawyers

North San Diego California Inland DUI checkpoint was set up at South Mission Road & Pepper Tree Lane in Fallbrook California, San Diego DUI attorneys announce at this location spotter.

This California drunk driving roadblock staged friday January 3 - saturday January 4, 2014.  5 drivers were arrested by the California Highway Patrol say San Diego DUI lawyers.

The busts included San Diego DUI, California DUI - drugs, and possession of drugs with "intent to distribute."  A felony warrant arrest rounded out police results between 8 pm and 2:00 a.m.

20 tickets were given for improper or suspended licensing violations.  Gustapo cops also checked 6 local bars and looked for underage drinkers.

Saturday, January 4, 2014

Remote alcohol testing is used by San Diego California courts, DUI attorneys increasingly see

California experiences remote breath testing for persons convicted of DUI, attorneys say.  These soberlink and SCRAM device are used by both the San Diego Sheriff's Department CPAC home confinement and privately to enforce "no drinking" terms ordered by courts, California DUI lawyers express.

They seem instrusive but offer an alternative to jail, San Diego DUI attorneys remind.

There is no slope detector on their fuel cell so that could create false positives and put probationers in a situation where they are facing a California court order to return to jail for a DUI - related offense based on a reading providedly remotely.

We'll see how this plays out.

Thursday, January 2, 2014

Checkpoint news in and around San Diego and California, DUI lawyers announce

The San Diego County DUI Law Center has provided free advice on how to avoid a San Diego California DUI for many years.   San Diego California DUI attorney Rick Mueller also provides a free California DUI checkpoint location service, showing the many locations of popular San Diego drunk driving checkpoints.
San Diego DUI lawyer even fielded California DUI checkpoint location calls on New Year's Eve at (619) 218-2997.

Another DUI checkpoint resource is in the news today.  Prior to New Year's Eve, around 10,000 people downloaded the app "Mr. Checkpoint.” Subscribers get alerts about DUI checkpoint locations in California. The SDSU graduate who developed the app is suing the city of San Diego.

“Mr. Checkpoint” is 26-year-old Sennet Devermont, and 10,000 is just the tip of the iceberg.
Devermont says he has had more than 100,000 downloads nationwide in the last three months.
His methods may be controversial, but he says the app is doing more to curb drunk driving than better-known organizations, maybe even police. Devermont says the app discourages drinking and driving and better connects with his age group through social media.

Some police, even Mothers Against Drunk Driving, agree, he claims.
“Mr. Checkpoint has been a brand that is easily identifiable with the right demographic, and I pride myself on reaching that audience,” Devermont said. Mr. Checkpoint was developed out of Devermont’s own experience with San Diego police.  He posted a YouTube video of driving through a DUI checkpoint on 1st Avenue and Beech Street in July 2011. Devermont refused to answer questions and take field sobriety tests. Sennett says he was handcuffed and detained for a half hour. The video shows another officer moved his car, then searched his wallet and console. That officer later died in an unrelated car accident and is not named in the lawsuit Devermont filed in 2012. “I'm shocked. I mean. I went home and looked at the recording. I felt heavily violated,” Devermont said.

The lawsuit alleges San Diego police violated his civil rights, used excessive force and exercised improper police behavior. “The department needs to be held accountable. How many time does this occur and nothing’s done?” Devermont asked.
Devermont was not arrested. After agreeing to a Breathalyzer, he was let go.
San Diego police did not respond to NBC 7’s inquiry about the lawsuit, which names the city, the police chief and one other officer as defendants.

Devermont has also filed a similar lawsuit against the Santa Monica police department.