Wednesday, April 30, 2008

5 years for San Diego California DUI with Felony DUI & Child Abuse

san diego criminal defense & dui attorney news

April 30, 2008

www.SanDiegoDrunkDrivingAttorney.net

A 21-year-old San Marcos man was sentenced Tuesday to nearly five years in prison for driving San Diego DUI - drunk and causing six crashes as he led authorities on a high-speed chase with his year-old daughter in the backseat, San Diego DUI lawyers learned.

Luis Gomez, also known as Luis Umberto Perez, pleaded guilty April 1 to felony San Diego DUI, child abuse and evading police with reckless driving, along with misdemeanor counts of hit-and-run, driving with a suspended license and being an unlicensed driver, according to San Diego DUI records.

Gomez, 21, who has five prior DUI convictions on his record, was sentenced to the 56-month term by Vista Superior Court Judge Daniel Goldstein, say San Diego DUI attorneys who were present.

During a half-mile pursuit the night of Feb. 11 that reached speeds of more than 100 mph, Gomez slammed into two vehicles in San Marcos, three on state Route 78 and one in Vista before being arrested near the corner of Hibiscus and Sycamore avenues in Vista, said San Diego DUI lawyer sources.

No one was injured in any of the San Diego DUI crashes, San Diego DUI attorneys said.

www.SanDiegoDUI.com

Dealer-DMV Sticker-Plate Cases

San Diego DUI lawyer cases

www.SanDiegoDUIlawyer.com/articles

Here are some Dealer-DMV Sticker-Plate recent cases in California:

Brendlin v. California, 551 U.S. ___, 127 S. Ct. 2400; 168 L. Ed. 2d 132 (2007), plus, the original 3rd DCA case is helpful (now de-published - but available - due to review by CA Supremes). A traffic – passenger - detention case. (Brendlin is back before the CA Supremes and now must deal with the DMV temp registration sticker issue.)

People v. Hernandez (2007) 146 CA4th 773; 53 CR3d 66. A traffic detention case that follows Brendlin, supra, but (Note:. tho a very good defense case, the opinion has been superseded and, thus, de-published by a grant of review by the CA Supremes on 3/21/07) Here, the trial court denied def.’s motion to suppress, and a jury found him guilty of felony and misdo resisting arrest, being under the influence of meth, and DUI of alcohol/drugs. Def. appealed and argued that the police had no reasonable grounds to stop his vehicle for having no license plates when a temporary operating permit was lawfully placed, valid on its face, and seen by the cop. The COA agreed, distinguishing the situation at bar — having no license plates — from that in case law, in which there was reasonable suspicion to stop a car with a temporary operating permit, an expired registration tab, and a missing front license plate (sic, distinguishing the recent CA Supreme decision in P. v. Saunders (2006) 38 C4th 1129; 136 P3d 859; 45 CR3d 66, holding otherwise.)

People v. Dean (2007) 158 CA4th 377; 69 CR3d 770; 2007 Cal. App. LEXIS 2075. Another DMV temp license sticker traffic detention case. Def. pled after his suppression motion was denied. Def. appealed on the ground that the trial court erred in denying his suppress motion and the evidence obtained in the course of a traffic stop. The COA found that the prosecution, in opposing def.’s suppression motion, failed to meet its burden of proving that there was an articulable and reasonable suspicion that def. committed a traffic violation based on the facts and circumstances known to the officer at the time of the traffic stop. The COA reversed the judgment, and remanded the matter for further proceedings.

In re Raymond C. (2006) 145 CA4th 1320 (de-published due to a grant of review).

Tuesday, April 29, 2008

Jail Sentence for woman shot by off-duty cop in San Diego DUI case

San Diego DUI lawyer news

April 29, 2008

www.SanDiegoDUIlawyer.com

VISTA California Superior Court

The woman who was unjustifiably shot by an off-duty police officer on March 15 checked into the Vista jail Monday morning to begin serving a sentence in an unrelated San Diego DUI / drunk driving case.

Rachel Leann Silva pleaded guilty on Jan. 29 to an irrelevant San Diego county California DUI - driving under the influence of alcohol after an arrest Dec. 15 in Oceanside. As part of the San Diego DUI plea, she admitted that she had a prior Riverside California DUI / drunk driving conviction from 2007, San Diego DUI court records indicate.

The woman turned herself in at the jail Monday to begin serving her San Diego DUI sentence. The jail projected her release to be May 6.

Silva gained notoriety in March when she and her 8-year-old son, Johnny, were unfortunately shot and wounded by off-duty San Diego police Officer Franklin White after an alleged confrontation in a shopping center parking lot on Old Grove Road in Oceanside.

The San Diego County District Attorney's office is reviewing the shooting incident. No charges have been filed in the case.

The 27-year-old mother reportedly had a blood-alcohol level of .15 percent, nearly twice the legal limit for driving in California, and had marijuana in her system at the time of the shooting, according to search warrant documents unsealed earlier this month. But the San Diego DUI / drunk driving allegations should have nothing to do with the shooting incident.

Further details of the December San Diego DUI / drunk driving incident that landed Silva in jail were not available.

San Diego DUI Court records indicate that on top of a 34-day jail sentence, Silva was placed on probation for five years, fined $2,276 and ordered to take part in an alcohol counseling program.

Last year, Silva pleaded guilty to child endangerment and driving under the influence in Riverside County after officers found her slumped over the steering wheel of a Honda sedan in Temecula on April 5, 2007. Silva allegedly had an open bottle of alcohol and her 1-year-old child was in the back seat, according to Riverside authorities.

Subsequent instances of DUI or drunk driving could violate the terms of her California DUI probation, San Diego DUI lawyers suspect.

www.SanDiegoDrunkDrivingAttorney.net

Legislators seek to tax San Diego California beer, using DUI as indirect source


San Diego DUI Attorney beer tax story

April 29, 2008

www.sandiegoduihelp.com

Assemblyman Jim Beall (D-San Jose) proposed a tax on beer makers that would add anywhere from 5 cents to $1.80 to the price of a gallon of beer to help eliminate the state's budget deficit, and some people, including San Diego DUI Attorneys, are already showing their disapproval.

"Picketers outside of San Jose came to picket my office last week," Beall said.

San Diego DUI Lawyers are told the people came from Santa Cruz and San Francisco.

Young Democrats came and asked the pickets how they would balance the budget, San Diego DUI Attorneys heard.

"We have a state budget deficit," Beall said. "Do we want people that drink alcohol to pay for some of the costs dealing with problems created by drinking alcohol? Or do we want the general public with general taxes to pay for all of it?"

San Diego DUI Attorneys are told the tax on beer has stayed at 20 cents per gallon since 1991, but if it was adjusted for inflation it would be at 31 cents.

"One reason why the alcohol tax hasn't been raised since 1991," Beall said, "is because alcohol businesses have a very strong lobby in Sacramento. They spent $3 million in 2006, lobbying legislature to oppose any taxes on alcohol business.

"The tax would generate up to $2 billion a year," San Diego DUI Attorneys heard from Beall, "and would be used for alcohol-related programs that would reduce binge drinking, underage drinking and driving under the influence."

In 2005, alcohol-related traffic accidents killed 1,574 people and injured 30,810 in California, and alcohol played a role in 3,691 deaths statewide in 2004, according to the California Department of Alcohol and Drug Programs, San Diego DUI / Drunk Driving Lawyers understand.

http://www.sandiegoduihelp.com/duiblog/


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San Diego DUI Help


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Monday, April 28, 2008

San Diego DUI definition, deadline & defense - the 4 D's

San Diego DUI Defense Attorney info

San Diego DUI charges?

Contact a San Diego Drunk Driving & DMV Defense Lawyer within 10 days.

San Diego DUI - Driving Under the Influence, Driving While Intoxicated, and Operating Under the Influence are related crimes, but they all possibly mean the same San Diego DUI consequences: possible loss of license, stiff fines, embarrassment, and possible jail time.

San Diego Driving under the influence, referred to as San Diego "DUI" or San Diego "drunk driving," describes operating a motor vehicle while one's blood alcohol content is above the legal limit set by California statutes, which supposedly is the level at which a person cannot drive safely.

California DUI statute has a level of .08 for adults, which means a 8/100ths of one percent by weight of alcohol to the weight of blood. This is translated into grams of alcohol per 100 milliliters of blood in tests of blood or urine sample, or grams of alcohol per 210 liters of air in a "breath" test machine.

A combination of the use of alcohol and/or drugs can also be considered "under the influence" if based on erratic driving.

Parked in a non-moving vehicle without keys, a warm engine and the ignition on, may be a valid San Diego DUI defense.

San Diego DUI is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a "deuce".

There are thousands of factors that must be considered if you are charged with a San Diego DUI. The legality of your San Diego DUI arrest, San Diego DUI field sobriety tests, proper functioning San Diego DUI test equipment, correct handling of your San Diego DUI evidence, and the procedures or conduct of the San Diego DUI arresting officers are common issues in San Diego DUI Court and/or at the San Diego DMV.

Many people who believed themselves guilty discovered they could avoid serious San Diego DUI penalties when any number of these San Diego DUI variables failed to withstand legal scrutiny pursued by a San Diego DUI attorney.

The San Diego drunk driving defense lawyer at the San Diego County DUI Law Center is a very experienced attorney exclusively handling Drunk Driving & DUI charges only. Contact a San Diego DUI Lawyer today, before your 10 day San Diego DMV deadline expires. If you have been charged with DUI or drunk driving in San Diego, immediately contact a premier San Diego DUI attorney at www.SanDiegoDUIlawyer.com .

San Diego DUI Lawyer Articles & San Diego DUI Attorney Stories

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San Diego DUI attorney results

If you have a San Diego DUI on your record, it can be very difficult. San Diego DUI attorneys are helpful in many respects.

There are plenty of situations and background checks that will show any past San Diego DUI convictions, and who will have a negative reaction to it. So you want to make sure that you are doing all that you can to have the right San Diego DUI lawyer who can try to prevent the San Diego DUI offense from showing up the same way as a San Diego DUI will.

There are many things that San Diego DUI defense lawyers can do to keep your record looking good. If you go into the court case without a San Diego DUI criminal lawyer, you will deal with the entire San Diego DUI, the worst possible San Diego DUI consequences, and the San Diego DUI stigma that will show up on your record.

But if you have the best San Diego DUI / Drunk Driving Attorneys on your side, you might find out that there are several things that you can do to improve your chances. If negotiated to a plea to a different charge, you will find that the San Diego DUI attorney can change the San Diego DUI charge to reflect something else on your record.

These are all very important things for you to remember, and the trick is that you have to have an San Diego DUI lawyer that can help you with this. Otherwise, you are certain to end up in even more trouble. So, be sure your San Diego DUI attorney considers all of the various possibilities that you have for a plea bargain, and/or other things that can help your record. Get quality San Diego DUI results from the San Diego County DUI Law Center at www.SanDiegoDrunkDrivingAttorney.net .

Sunday, April 27, 2008

San Diego DUI Attorney Specialist



San Diego DUI Attorney Specialist Rick Mueller is the only San Diego DMV - DUI defense lawyer who was the featured Speaker at six DUI seminars in San Diego County in the last several years. Rick is known as a San Diego DMV Guru. On March 28, 2008 and on January 26, 2007, Rick lectured on Strategies in Handling DUI Cases in California.

Having been specially recognized as a Contributor to the California Drunk Driving Law book, he is now the Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's Bible of DUI Defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI defense attorney Rick Mueller's hard work. www.SanDiegoDrunkDrivingAttorney.net
California Drunk Driving Law is recognized by thousands of California attorneys and judges as "The Bible of Drunk Driving Defense".

Rick is a DUI Specialist Attorney Member of the California DUI Lawyers Association.

Rick is an active San Diego member of the National College for DUI Defense (1997 Winter Session Graduate; 2001 Winter Session Graduate; 2004 Winter Session Graduate; 2006 Winter Session Graduate; 2007 Winter Session Graduate; 2008 Winter Session Graduate). Rick is a member of the National Association of Criminal Defense Lawyers.

Rick speaks at Strategies in Handling DUI Cases seminars, at the DUI & Drug Defense seminar at the San Diego Bar Building, at the North San Diego County Bar Association's Drunk Driving - DMV seminars, and at the Public Defender's Office DMV - DUI Training seminars.

Rick spoke on "Current DMV Suspension Hearing Issues, Techniques & Writs" at the San Diego County Courthouse. Rick Mueller was the featured Speaker at the DUI - DMV Seminar in downtown San Diego. He also was the DUI - DMV Lecturer at the Public Defender's Office criminal defense seminar. http://www.sandiegodrunkdrivingattorney.net/blog.html

Rick's DMV - DUI work is featured in the California DUI Lawyers Association's Advanced DUI Skills seminar materials and Association of California Deuce Defenders' materials. He actively defends San Diego criminal DUI and administrative DMV cases.

Saturday, April 26, 2008

San Diego DUI / Drunk Driving Expungement

San Diego DUI / Drunk Driving attorney expungement is the legal process of dismissing/erasing San Diego DUI / Drunk Driving charges from the public record.
http://www.sandiegoduilawyer.com/expungement.html

In San Diego California, many San Diego DUI / Drunk Driving criminal convictions can be cleared from the public record once San Diego DUI / Drunk Driving probation terms are met. San Diego DUI / Drunk Driving Expungement allows you to clear your name and move forward with your life.

When your San Diego DUI / Drunk Driving expungement is complete, it’s as if the San Diego DUI / Drunk Driving misdemeanor or felony never occurred (unless you get arrested for another San Diego DUI / Drunk Driving and then it is resurrected - used against you as a prior San Diego DUI / Drunk Driving and/or prior San Diego DUI / DMV administrative action).

A San Diego DUI / Drunk Driving criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, buying a condo or home, voting, obtaining certain professional licenses and credentials (nursing, realtor, medical, teaching, etc.), becoming a U.S. citizen and running for political office. Many of the benefits we take for granted in our society are unavailable to people with a San Diego DUI / Drunk Driving criminal record.

Background checks and the availability of information on the internet make it all too easy for potential employers, lenders and others to obtain potentially embarrassing and sensitive personal information. San Diego DUI / Drunk Driving expungement keeps a San Diego DUI / Drunk Driving criminal record from embarrassing you or creating future problems.

Following San Diego DUI / Drunk Driving expungement, you could lawfully answer “no” if asked, “Have you ever been convicted of a crime?” (re: that San Diego DUI / Drunk Driving ). You should not have to worry about what someone will find if they run a background check.

Your San Diego DUI / Drunk Driving Attorney must petition the court to expunge your San Diego DUI / Drunk Driving record. Once processing is complete, an expunged San Diego DUI / Drunk Driving criminal record cannot be reversed. The process of San Diego DUI / Drunk Driving expungement can take two to four months to complete and requires the services of an experienced San Diego DUI / Drunk Driving expungement attorney.
www.SanDiegoDrunkDrivingattorney.net

Friday, April 25, 2008

www.sandiegodrunkdrivingattorney.net penalties

San Diego DUI / Drunk Driving penalties are found in statutes and can be harsh.

San Diego DUI / Drunk Driving possible sentences can be determined by sentence enhancements if a person:

Has a prior conviction within ten years
Speeds 20 mph over the limit on streets, 30 mph over limit on freeway
Has a child under 14 in the car
Has a San Diego DUI / Drunk Driving blood-alcohol reading over .15%
Refuses to submit to San Diego DUI / Drunk Driving chemical testing


Within the range, the actual San Diego DUI / Drunk Driving sentence will be affected by:

Facts & circumstances of the San Diego DUI / Drunk Driving case
Policies of the San Diego DUI court and San Diego DUI prosecutors
Weaknesses in the San Diego DUI / Drunk Driving case uncovered by the San Diego DUI / Drunk Driving defense attorney
Reputation of the San Diego DUI / Drunk Driving criminal attorney


This is separate from the San Diego DUI / DMV drivers license suspension action, which is determined separately and which is also ver complicated.


San Diego DUI Attorney Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 24 years of experience.

San Diego DUI / Drunk Driving Lawyer Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/

Online is the important San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html



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Thursday, April 24, 2008

San Diego DUI Attorney Help at San Diego DUI Lawyer .com

Arrested for DUI in San Diego County?

San Diego DUI attorneys help those arrested for DUI in San Diego. Premier San Diego DUI lawyer Rick Mueller vigorously defends people arrested for San Diego DUI - Drunk Driving. His www.SanDiegoDUILawyer.com website actually helps people understand the San Diego DUI Court and San Diego DUI DMV process.

You can win your San Diego DUI / DMV case! Who would you like to represent you? A top San Diego DUI Lawyer, of course. Your San Diego DUI Attorney only has 10 days from the date of one's San Diego DUI arrest to contact DMV to preserve one's driving privileges.

The San Diego DUI / Drunk Driving arrest in California involves different venues – one at the San Diego DMV - Department of Motor Vehicles, and the other at the San Diego DUI County Court. Each San Diego DUI process has its own set of San Diego DUI rules and San Diego DUI / DMV procedures. For San Diego DUI Attorney Help, visit http://www.SanDiegoDUIlawyer.com/survey for a free, online San Diego DUI consultation today.

Wednesday, April 23, 2008

Wisconsin and Minnesota have high DUI rates while smoking bans increase DUI deaths

San Diego DUI attorneys have recently heard that states with the most DUI / drunk driving cases are being rated. http://www.SanDiegoDrunkDrivingAttorney.net/articles

A report on a connection between smoking bans and an increase in DUI deaths should give pause to Minnesotans.

The paper, "Drunk driving after the passage of smoking bans in bars," was written by Scott Adams and Chad Cotti of the University of Wisconsin-Milwaukee and published in the Journal of Public Economics. The authors estimate that smoking bands increase the number of DUI deaths by about 13 percent. Summary (emphasis added):

Using geographic variation in local and state smoke-free bar laws in the US, we observe an increase in fatal accidents involving alcohol following bans on smoking in bars that is not observed in places without bans. Although an increased accident risk might seem surprising at first, two strands of literature on consumer behavior suggest potential explanations — smokers driving longer distances to a bordering jurisdiction that allows smoking in bars and smokers driving longer distances within their jurisdiction to bars that still allow smoking, perhaps through non-compliance or outdoor seating. We find evidence consistent with both explanations. The increased miles driven by drivers wishing to smoke and drink offsets any reduction in driving from smokers choosing to stay home following a ban, resulting in increased alcohol-related accidents. This result proves durable, as we subject it to an extensive battery of robustness checks.

Deaths from DUI in Minnesota reached their lowest level in 2006, with 175 people dying at the hands of of drunk drivers (see a chart of alcohol-related traffic fatalities going back to 1982 here). So if the research holds true, we could expect an additional 22 or 23 people to die as an unintended consequence of the smoking ban that went into effect October 1. Then again, some lives will undoubtedly be saved that would otherwise have been lost to diseases caused by secondhand smoke.

The North has the worst rates of DUI already. Wisconsin has the highest incidence, and Minnesota checks in at No. 3.

Nebraska is among the top five states with the highest drunken driving rates, according to government statistics released Tuesday.

While Wisconsin leads the way in drunken driving, Nebraska rounds out the worst five - all in the upper-Midwest - including Minnesota, North Dakota and South Dakota.

The U.S. government estimated that 23 percent of Nebraska motorists have driven under the influence, according the Omaha World Herald.

However, people who are involved with trying to decrease DUI's are not at all surprised by the numbers.

Alcohol consumption is part of the culture in Nebraska and other upper-Midwestern states, said Fred Zwonechek, Nebraska's office administrator of highway safety. "Unfortunately, we pay some pretty significant prices for that."

The report on drunken driving relies on data obtained from the National Survey on Drug Use and Health conducted in 2004, 2005 and 2006, according to the Associated Press.

Diane Riibe, executive director of Project Extra Mile, an organization dedicated to preventing underage drinking, cited a recent study by the national Centers for Disease Control and Prevention that found binge drinkers — those who consume a large amount of alcohol in a short period of time — are most likely to drive under the influence.

About 84 percent of alcohol-impaired drivers were binge drinkers and 88 percent of alcohol-impaired driving episodes were done by binge drinkers.

"We are seventh in the nation in terms of youthful binge drinking," Riibe said. "That's just not a place we want to be."

"It's not surprising, but it means that these jurisdictions should take this data and think about how they approach public education campaigns and enforcement campaigns," said Dr. H. Westley Clark of the Substance Abuse and Mental Health Services Administration.

The southern states, such as Virginia, Arkansas and Kentucky, have the lowest drunken driving rates - 11 percent. Utah takes the No. 1 spot in the state with the least cited DUI's.
New Nationwide Report Estimates that Roughly a Quarter of All Drivers in Some States Drove Under the Influence of Alcohol in the Past Year

Survey also reveals that 6-7 percent of adults in several states and the District of Columbia drove under the influence of illicit drugs at least once in the past year.

A first-of-its-kind national report reveals that 15.1 percent of the nation’s drivers age 18 and older drove under the influence of alcohol at least once in the past year. The report says that in some states the levels are far higher – about one in four drivers.
Nationwide, an estimated 30.5 million people aged 12 or older drove under the influence of alcohol at least once in the past year according to the report by the Substance Abuse and Mental Health Services Administration (SAMHSA).

Driving under the influence ranged from a low of 9.5 percent in Utah, to highs of 26.4 percent in Wisconsin, 24.9 percent in North Dakota and 23.5 percent in Minnesota.

State Estimates of Adults Driving under the Influence of Alcohol and Illicit Drugs is based on the combined data from the 2004 to 2006 National Surveys on Drug Use and Health (NSDUH) and provides state-level estimates for the pervasiveness of driving under the influence of alcohol and driving under the influence of illicit drugs. These estimates are annual averages based on combined data collected from 127,283 current drivers surveyed in 2004, 2005 and 2006, the most recent data available.

The report also shows that nationwide nearly one in 20 adult drivers aged 18 or older drove under the influence of illicit drugs such as marijuana/hashish, cocaine/crack, inhalants, hallucinogens, heroin or prescription drugs used nonmedically.

According to the National Highway Traffic Safety Administration (NHTSA), there were almost 16,700 deaths in 2004 caused by accidents related to driving under the influence of alcohol. Overall, driving under the influence of alcohol and illicit drugs is among the leading sources of preventable death by injury in the United States.

“This report highlights the enormous public health risk posed by this problem – one threatening the lives of many Americans every day,” said SAMHSA Administrator Terry Cline, Ph.D. “By highlighting the scope and nature of this problem in each state we can help communities best use their efforts and resources to address this preventable menace.”

State-by state listings of the percentage of adult drivers who drove under the influence of either alcohol or illicit drugs in the past year are provided in the chart following this release.

The full report is available on the Web at http://oas.samhsa.gov/2k8/stateDUI/stateDUI.cfm . Copies may be obtained free of charge by calling SAMHSA’s Health Information Network at 1-877-SAMHSA-7 (1-877-726-4727). Request inventory number SMA 08-4311. For related publications and information, visit http://oas.samhsa.gov/DWI.htm. For other SAMHSA publications and information, visit http://www.samhsa.gov/.



State Estimates of Driving Under the Influence of Alcohol and Illicit Drugs in the Past Year among Current Drivers Aged 18 or Older: Average of 2004-2006

Driving Under Influence of Alcohol
Driving Under Influence of Illicit Drugs

State
Percent
SE (%)*
State
Percent
SE (%)*

Wisconsin
26.4
1.52
District of Columbia
7.0
0.88

North Dakota
24.9
1.35
Rhode Island
6.8
0.79

Minnesota
23.5
1.35
Massachusetts
6.4
0.70

Nebraska
22.9
1.29
Montana
6.3
0.61

South Dakota
21.6
1.25
Wyoming
6.2
0.67

Kansas
21.1
1.45
Alaska
5.9
0.62

Massachusetts
20.5
1.27
Colorado
5.8
0.78

Rhode Island
20.4
1.44
Minnesota
5.7
0.74

Montana
20.3
1.32
Michigan
5.7
0.33

District of Columbia
19.1
1.14
Vermont
5.6
0.63

Michigan
18.4
0.63
Nevada
5.6
0.71

Wyoming
18.3
1.26
Tennessee
5.6
0.63

Missouri
18.0
1.03
New Mexico
5.5
0.75

Iowa
17.6
1.23
Hawaii
5.5
0.80

Hawaii
17.4
1.30
New Hampshire
5.4
0.61

Connecticut
17.2
1.44
Arkansas
5.4
0.61

Colorado
17.0
1.26
California
5.3
0.33

New Hampshire
16.7
1.14
Wisconsin
5.3
0.60

Illinois
16.5
0.59
Connecticut
5.2
0.67

Vermont
16.4
1.20
Missouri
5.1
0.64

Louisiana
16.0
0.96
Maine
5.0
0.67

Nevada
15.9
1.33
Washington
5.0
0.58

Oregon
15.9
1.07
Delaware
4.8
0.60

Texas
15.7
0.63
Ohio
4.8
0.28

Ohio
15.7
0.61
Pennsylvania
4.7
0.33

Indiana
15.2
1.33
Virginia
4.7
0.66

Arizona
14.9
1.15
Utah
4.7
0.54

Pennsylvania
14.8
0.54
Florida
4.7
0.30

South Carolina
14.7
1.17
Oklahoma
4.7
0.63

Maryland
14.7
1.10
Louisiana
4.7
0.53

Washington
13.8
1.26
Kansas
4.6
0.54

California
13.8
0.59
Indiana
4.5
0.52

Delaware
13.7
0.99
Georgia
4.5
0.66

Oklahoma
13.7
1.15
South Carolina
4.5
0.54

Alaska
13.7
1.13
Mississippi
4.4
0.59

Idaho
13.6
0.99
North Carolina
4.4
0.54

Virginia
13.6
1.15
Oregon
4.3
0.55

New Mexico
13.5
1.13
Illinois
4.3
0.26

Georgia
13.5
1.32
West Virginia
4.2
0.57

Florida
13.5
0.58
New York
4.1
0.29

New York
13.0
0.60
Idaho
4.1
0.57

Maine
12.4
0.98
Texas
4.1
0.25

Tennessee
12.4
1.12
Nebraska
3.9
0.48

Mississippi
11.9
1.05
Iowa
3.9
0.48

Alabama
11.4
0.97
Maryland
3.7
0.49

New Jersey
11.3
1.12
Arizona
3.7
0.49

Arkansas
10.8
0.92
Kentucky
3.6
0.51

Kentucky
10.4
1.07
North Dakota
3.5
0.40

North Carolina
10.4
1.04
South Dakota
3.5
0.39

West Virginia
10.1
0.96
Alabama
3.4
0.43

Utah
9.5
1.00
New Jersey
3.2
0.54

* The standard error (SE) is a measure of these sampling variability of an estimate, where smaller values represent greater precision and larger values represent less precision.
SOURCE: Office of Applied Studies, Substance Abuse and Mental Health Services Administration. National Survey on Drug Use and Health, 2004-2006


--------------------------------------------------------------------------------

SAMHSA is a public health agency within the Department of Health and Human Services. The agency is responsible for improving the accountability, capacity and effectiveness of the nation's substance abuse prevention, addictions treatment, and mental health services delivery system.

--------------------------------------------------------------------------------
Apparently, this was a survey based on SELF-REPORTING, not the most reliable method of compiling statistics or gathering accurate data.



If you are from one of thes states and received a DUI in San Diego, all a San Diego DMV defense attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!

Click for more information or for a San Diego DUI Criminal Defense Lawyer:

San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help




www.SanDiegoDUI.com

Tuesday, April 22, 2008

San Diego DUI attorney breath test defenses

San Diego DUI Lawyers' Breath Test Defenses

San Diego DUI - DMV Defense Attorneys often look to these possible San Diego Drunk Driving defenses in breath test cases:

Insufficient or broken observation period -no continuous observation for entire 15 minutes before first breath sample (e.g. Officer attempts to include transportation time as part of required observation period, goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test -e.g. used restroom or telephone or placed in holding cell/room).


During those 15 minutes before the test, you burp, belch or have slight regurgitation of gas that is relatively quiet.


Vomiting, belching within 15 minutes of test - no rinsing of mouth, or inadequate deprivation period before retest.


You may not be a proper subject for breath testing. You have a physical problem or health limitation:
gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest;
dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample); or
respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease).


Your behavior or actions do not match test results (e.g. shown by independent witnesses).


The breath test room or circuitry has a problem (e.g. Radio Frequency Interference from a cell phone, officer's radio, copy machine or other equipment with surge capabilities) which may cause machine to give artificially high reading; smoking in or near machine; shared power supply with heater or other appliance - must be dedicated "clean" electrical source; or recently painted walls or trim).


You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409) which have cumulative reading, causing chemical interference/falsely elevated result.


Air bag defenses - "the Tyndall effecf' - diffusion of light; propellant exposure; cut lips; lung and airway irritation & fluid build-up from caustic gas propellant.


Video tape refutes the high reading, supports sobriety.


High test result, yet you never urinate for 3 to 4 hours or more - physiological impossibility.


Unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops).


Something in mouth containing alcohol (e.g. Breath Drops with SD alcohol).


Something in mouth that contains interfering or contaminating substance (e.g. Skoal snuff - wintergreen; Altoids curiously strong mints).


Improper or out of agreement tests, without follow-up tests to correct [both results must be within 0.02% of each other].


Officer refuses to permit your request for a second, independent test. Denial of blood test - the more reliable target with the more accurate method of analysis.


Officer not trained or marginally trained in accordance with the standards of Title 17 of the California Code of Regulations (e.g. not trained in theory of operation of machine).


Officer fails to follow manual or training protocol.


Inadequate inspections by machine inspectors (e.g. no linearity proven).


Police report supports sobriety, or lack of investigation of alternative causes.


Rising blood alcohol level showing time of driving BAC would have been lower than time of testing.


Elevated breath temperature (e.g. caused by fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle, etc.)


Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce. Show you have abnormally low blood/breath conversion ratio through testing and expert.


Inherent sampling variability or margin of error (e.g., 0.088 reading - state acknowledges +/- 0.01% precision problem).


You have blowing pattern irregularity (e.g. blubbering and crying causing artificially high water vapor problem).


You have been on strict high protein diet and then introduce carbohydrates, thereby triggering auto-generated alcohol production when ketones are converted to isopropyl alcohol (or the "auto-brewery" syndrome).


You have diabetes, are borderline diabetic or are hypoglycemic and consume alcohol in any amount, causing conversion of high acetone levels into isopropyl alcohol.


Breath test operator gets first BAC results, which will not support a .08% per se case, then waits a few more minutes and retests, obtaining a reading above the per se limit.


Officer gives chemical test admonition, but then goes too far by threatening dire warnings for which there is no factual basis or misstates consequences regarding possible license suspension.


State fails to prove that results were obtained within the 3 hour statutorily imposed time (3 hours after driving ended) in order to invoke rebuttable presumption that your BAC was at or over the limit at time of driving.


You can prove sufficient alcohol was consumed during driving, after driving ended or before police arrived.


Officer gets fired, indicted, retires, moves away, or dies.


In handling case, officer commits crime (e.g., obstruction of justice or perjury) in an effort to conceal evidence; state cannot proceed, or more often makes an illegal, warrantless stop or arrests you without probable cause.

http://www.sandiegodrunkdrivingattorney.net/defenses.html

Monday, April 21, 2008

DMV WISDOM after a San Diego DUI arrest

San Diego DMV Knowledge

San Diego DUI - DMV suspension administrative per se actions can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandate.

Top San Diego DUI attorney's defenses at an APS hearing are specialized and technical, more so than in DUI court. San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic issues - are grounds for setting aside the action.

Due to the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are not available for you.

Your San Diego DUI / DMV lawyer has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline expires.

If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney.

San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is made.


Top San Diego DUI - DMV Attorneys:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

1-800-The-Law-DUI

www.SanDiegoDrunkDrivingAttorney.net

Sunday, April 20, 2008

Online DUI alcohol program (non- San Diego California resident)

Online DUI Class Info

San Diego DUI lawyers suggest a person who gets a San Diego DUI but does not reside in California first contact the San Diego DUI Assessment Unit in order to get permission to attend an online class, if possible.

http://www.sandiegodrunkdrivingattorney.net/blog.html has lots of informative San Diego DUI Attorney stories.

Drug & Alcohol Safety Education, Alcohol Education School, Offender Education, DUI/DWI Risk Reduction Class, DUI School, DUI Class, Alcohol/Substance Abuse and Traffic Safety Class, DUI Education Program, Drinking Driver Program, Impaired Driver Education/Prevention.

Important Notice: Some states prohibit online classes and will not accept a certificate of completion if completed online. Click here to review your state’s policies about online classes before you register for a class. Call 208-368-9909 if you are not sure.

Classes Available: Online DUI/DWI/OUI/OWI Classes are available for 8-32 hours, depending on your requirements. Please click here to find out what classes you need to take in your state.

Class Fees:

8 Hour Online DUI/DWI Class: $150.00
Nevada DMV Approved 8 Hour Online DUI School: $150.00 (License #DUI000027610)
10 Hour Online DUI/DWI Class: $185.00
12 Hour Online DUI/DWI Class: $225.00
16 Hour Online DUI/DWI Class: $300.00
18 Hour Online DUI/DWI Class: $337.00
20 Hour Online DUI/DWI Class: $375.00
21 Hour Online DUI/DWI Class: $390.00
22 Hour Online DUI/DWI Class: $410.00
24 Hour Online DUI/DWI Class: $450.00
32 Hour Online DUI/DWI Class: $600.00
8 Hour Online DUI/DWI Individual Therapy Projects Class: $150.00
45 Hour Online DUI California Non-resident 6 Month Course: $845.00*
60 Hour Online DUI California Non-resident 9 Month Course: $1125.00*
78 Hour Online DUI California Non-resident 18 Month Course: $1463.00*
*Please call 1-877-368-9909 between the hours of 9:00 AM and 5:00 PM, Mountain Standard Time for payment plans for these classes.

Class Enrollment Information: Register and Pay Online OR by Phone at 208-368-9909.

Class Goal: This class is designed to meet the educational and legal requirements of individuals required to attend an 8-32 hour DUI/DWI/OUI/OWI class by the courts, DMV or other agencies.

Class is Available: Anytime, 24 hours a day, seven days a week.

Completion Time: Can be completed in one sitting or over several days. Thirty days to complete.

How the Class Works: These classes consists of several topics or lessons (depending on your requirements). Each topic consists of several pages of printed information that is presented one page at a time. After the student reads a page or several pages, a review question or questions is presented to help the student recall the information. Each question is graded. After all topics and review questions are completed, students complete a brief final quiz. Students must pass the final quiz with a score of 80% or higher to obtain a certificate of completion. Students are given several opportunities to improve their scores.

Topics Include (but aren't limited to):

The problem of driving under the influence in (YOUR STATE) and the US.
The law including penalties, and chemical testing, suspended license and restoration of license.
The responsibilities and procedures of law enforcement agencies, the courts and DMV.
The effects of alcohol and controlled substances on the body.
The effects of alcohol and controlled substances on a person’s ability to drive.
The effects of a DUI conviction on a person’s employment and personal life.
Treatment available for abusers of alcohol and controlled substances.
Technical Support: Telephone support is available at 208-368-9909 from the online class instructor from 9:00 A.M. to 5:00 P.M. Mountain Standard Time. Email support is available at twcc@tomwilsoncounseling.com.


Call 208-368-9909 if you still can't find what you are looking for.

Tom Wilson Counseling Center
514 S. Orchard, Suite 101
Boise, ID 83705
Phone: 208.368.9909
Fax: 208.388.1687
Email: twcc@tomwilsoncounseling.com

Websites:
www.drivedefensiveidaho.com
www.drivedefensivenevada.com
www.internetduiclass.com
www.spanishduiclass.com
www.onlineangerclasses.com
www.parentingapart.com
www.tomwilsoncounseling.com

www.SanDiegoDrunkDrivingAttorney.net

San Diego DUI attorney info www.sandiegodrunkdrivingattorney.net

SAN DIEGO DUI LAWYERS - free CONSULTATION

http://www.SanDiegoDrunkDrivingAttorney.net

* San Diego DUI Attorney Specialist * - San Diego Attorney Drunk Driving / San Diego DUI - DMV Attorney can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

PREMIER SAN DIEGO DUI ATTORNEY "EVALUATION FORM" http://www.sandiegodrunkdrivingattorney.net/survey.html

Top San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIlawyer.com .

San Diego DUI Court info http://www.sandiegodrunkdrivingattorney.net/courts.html

Rated San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegodrunkdrivingattorney.net/about.html

Good San Diego DUI Lawyer stories http://www.sandiegodrunkdrivingattorney.net/blog.html

San Diego DUI - DMV Penalties http://www.sandiegodrunkdrivingattorney.net/penalty.html

Out of State License http://www.www.sandiegodrunkdrivingattorney.net/out_of_state.html

Military DUI - San Diego County Federal Court - http://www.sandiegodrunkdrivingattorney.net/base.html

www.SanDiegoDUI.com - San Diego DUI Attorney information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.

Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation.

San Diego DUI - visit http://www.sandiegodrunkdrivingattorney.net .

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California DUI Attorney

San Diego DUI Help

1-800-THE-LAW-DUI

www.Yahoo.com

http://www.sandiegodui.com

http://www.sandiegodrunkdrivingattorney.net

http://www.sandiegoduilawyer.com

http://wwww.sandiegodui.com/criminal

Saturday, April 19, 2008

100 mph driver caught driving on suspended license for DUI

San Diego DUI criminal defense lawyer news

http://www.sandiegodrunkdrivingattorney.net/ttips.html

A guy accused of leading police on a chase from Irvine to Oceanside, fleeing at speeds up to 120 mph before crashing into another car, was Friday ruled mentally incompetent to stand trial, San Diego DUI lawyers are told.

After reviewing a doctor's report, Judge Theodore Weathers ruled that Jonathan David Taylor doesn't understand the charges against him and can't assist his criminal defense attorney at trial. He was reported as behaving incoherently and singing in court, San Diego DUI attorneys hear.

Taylor, 22, is charged with evading police with reckless driving, driving on a license suspended for DUI and obstructing an officer, San Diego DUI attorneys report.

Criminal proceedings will remain suspended as long as Taylor is deemed mentally incompetent. He will be sent to Patton State Hospital for a maximum of three years.

Taylor was arrested along with a female teenage passenger the afternoon of Feb. 27 at the scene of the collision on Interstate 5.

California Highway Patrol officers initially tried to pull Taylor over for illegally crossing in and out of carpool lanes in a 1996 BMW 325i on southbound Interstate 405 in Orange County about 4:30 p.m.

Taylor, of Los Angeles, allegedly refused to yield and sped off to the south, eventually merging on to I-5 and crossing into San Diego County shortly after 5 p.m., according to San Diego DUI lawyers.

Minutes later, the fleeing driver lost control of the BMW, sending it crashing into a Saturn Ion at over 100 mph near state Route 78.

The crash destroyed the Saturn. Its driver, San Diego resident Dawn Ireland, 39, complained of pain and was taken to a hospital for evaluation.

Taylor and his 17-year-old passenger, meanwhile, refused repeated orders to get out of the crumpled BMW and surrender, according to San Diego DUI attorneys.

Officers finally smashed the windows of the car to get Taylor and the girl out. Neither was injured.

The teen was detained, then released to her mother, who drove from their Los Angeles home to pick her up, according to San Diego DUI criminal defense lawyers.

http://www.sandiegodrunkdrivingattorney.net/

Friday, April 18, 2008

Premier San Diego DUI Lawyers list

Arrested for a San Diego DUI and not sure where to turn?

San Diego DUI Attorney Specialist Rick Mueller is a Premier San Diego Drunk Driving, DUI & DMV Defense attorney with over 24 years of experience.

As a "DMV Guru," San Diego DUI Criminal Defense Attorney Rick Mueller dedicates all of his law practice to vigorously defending those accused of a San Diego DUI or San Diego Drunk Driving charge.

San Diego DUI Criminal Defense Lawyer Rick Mueller has successfully saved the driving privileges of many clients who have been arrested for San Diego DUI.

Go to http://www.sandiegodrunkdrivingattorney.net and you can see why you may want a free San Diego DUI Attorney evaluation today.

A pivotal San Diego DUI / Drunk Driving Defense Survey helps you discover your best possible strategy. San Diego DUI / DMV defense attorneys can protect your driving privileges everywhere including California.

Visit http://www.sandiegoduilawyer.com/survey.html for an immediate San Diego DUI Lawyer consultation online.

Premier San Diego DUI Criminal Defense Lawyer List:

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http://www.google.com



http://www.sandiegoduihelp.com/duiblog/index.html



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Thursday, April 17, 2008

San Diego DUI lawyer update

San Diego DUI attorney news

San Diego DUI dog killer stands trial.

San Diego DUI checkpoints increase, per San Diego DUI lawyers.

San Diego DUI help at www.San Diego Drunk Driving Attorney .net

www.sandiegodrunkdrivingattorney.net

Wednesday, April 16, 2008

Top San Diego DUI Criminal Defense Lawyers List

Top San Diego DUI Criminal Defense Attorneys:

San Diego DUI Lawyer




CALIFORNIA DUI ATTORNEYS
SAN DIEGO DRUNK DRIVING LAWYERS

WARNING! IF YOU DON'T ACT QUICKLY, YOUR DRIVER'S LICENSE MAY BE TAKEN AWAY FROM YOU.

If you have been arrested for a San Diego DUI / Drunk Driving, you MUST request a D.M.V. hearing within 10 days of a San Diego DUI arrest to contest any suspension of your license. If you do not request a San Diego DUI / DMV hearing within 10 days of your San Diego DUI arrest, your license will be automatically suspended or revoked 30 days after your San Diego DUI arrest.

When you are arrested for a San Diego drunk driving / DUI, there are really TWO SEPARATE San Diego DUI / DRUNK DRIVING CASES being prosecuted against you, and two San Diego DUI / DMV cases that your San Diego DUI attorney has to defend:

1. The San Diego DUI / DMV case, where your driver's license can be taken away and suspended; and

2. The San Diego DUI criminal case, where the result can be probation, jail, fines, alcohol education classes, an ignition interlock device being installed in your car, community service, Cal-Trans, vehicle impound, increased automobile insurance, depending upon the facts of your San Diego DUI / drunk driving / dwi case.

BOTH OF THESE San Diego DUI / DMV CASES CAN BE SUCCESSFULLY DEFENDED BY AN EXPERIENCED, KNOWLEDGEABLE San Diego DUI DEFENSE ATTORNEY!


San Diego DUI cases are unique. To successfully defend these San Diego DUI cases, you must hire a San Diego DUI Attorney experienced in fighting San Diego DMV Administrative Per Se hearings, and must thoroughly know San Diego DUI law. Our San Diego DUI Lawyers / San Diego DUI - Drunk Driving Attorneys have successfully handled hundreds of San Diego Drunk driving / DUI's and San Diego DUI / DMV hearings! To learn more about San Diego DUI law and how we can help you, you may click on the San Diego DUI links on this page.







San Diego DUI


San Diego DUI Attorney




http://www.sandiegodrunkdrivingattorney.net

San Diego DUI Lawyer Help



















http://www.google.com

San Diego DUI Accident Survivors Each Say The Other was Driving!

San Diego DUI lawyer news

San Diego DUI lawyer hear that a man was killed and two others injured Tuesday night when a suspected San Diego DUI drunk driver ran his SUV off the road and hit a telephone pole.

The SUV was heading south on Avenida Encinas about 6:45 p.m. and was just north of the Coaster station when it crashed, say San Diego DUI attorneys.

A young passenger in the vehicle died before being taken to a hospital, San Diego DUI lawyers report.

2 other men were hospitalized, and each is claiming the other was the driver, San Diego DUI attorneys hear.

Beer cans were in found the car, San Diego DUI lawyers discovered.

The name of the dead man has not yet been released, according to San Diego DUI attorneys.

www.SanDiegoDrunkDrivingAttorney.net/articles

Tuesday, April 15, 2008

San Diego DUI Death - F150 rollover means felony manslaughter charges

San Diego DUI attorney news www.SanDiegoDrunkDrivingAttorney.net

A man suspected of driving drunk was seriously injured and his passenger was killed over the weekend in a rollover crash in North County, San Diego DUI attorneys are told.

Anselmo Alejandro Mejia, Escondido California, was making the transition from Old Highway 395 onto south Interstate 15 about 8 p.m. Saturday when he lost control of his 1997 Ford F-150 and drove off the on-ramp, San Diego DUI lawyers report.

Mejia's passenger unfortunately died less than an hour later at a hospital. The Medical Examiner's Office identified him as Ramiro Ramirez-Hernandez of Bonsall California, San Diego DUI lawyers understand.

Mejia's left arm was partially severed, San Diego DUI attorneys believe.

San Diego DUI Prosecutors will pursue felony charges of San Diego DUI - driving under the influence and San Diego DUI - manslaughter, San Diego DUI lawyers hear.

www. San Diego Drunk Driving Attorney .net

Monday, April 14, 2008

Shooting Victim Rachel Silva allegedly had a BAC of .15, nearly twice San Diego DUI limit

San Diego DUI criminal defense attorney news

Shooting Victim Rachel Silva allegedly had a .15 blood-alcohol level and tested positive for marijuana when she and her 8-year-old son were shot by off-duty San Diego police Officer Frank White, according to search warrant documents unsealed Monday.

The documents also say that White was “in fear of his and his wife's safety” and didn't see Silva's son in the passenger seat when he fired five shots at Silva's car, San Diego DUI criminal defense attorneys report.

The documents, eight search warrants and the affidavits filed to obtain them, were unsealed Monday by Judge Harry Elias and are now public.

They show Oceanside police asked for and received authorization to search Silva's and White's cars and to obtain Silva's and her son's medical records, surveillance videos, cell phone records and the air bag computer in White's car.

Three judges had previously sealed the documents at the request of Oceanside police.

During the March 15 incident, Silva was shot twice in the right arm, and her son was shot once in the left leg. No charges have been filed in the case, which police say culminated an apparent road rage incident.

Police have said White was driving south on Old Grove Road with his wife about 9:15 p.m. in a Mercury sedan. Silva was exiting a nearby Shell gas station onto Old Grove at the same time, with her son in the car.

In the affidavits, and in the statement released by police last week, police say a witness reported that Silva nearly crashed her car into White's, and that White swerved to avoid a crash. White then pulled into the parking lot of a Lowe's home improvement store, police said.

Police said a witness reported that Silva was “tailgating White's car, revving the engine, and yelling and screaming as she followed” White's car into the parking lot.

White stopped his car, and Silva pulled her Honda to the left side of his car. Police wrote in the affidavits that Silva was still revving her engine and was “so close Franklin could not open his door.” White, the documents say, could not hear what Silva was shouting.

“Franklin White pulled out his gun in an attempt to force the aggressive driver away,” police write in the affidavits.

Police have said White then backed away from Silva's car and stopped. Silva sideswiped White's car as she backed up, and White opened fire as the two cars passed each other. One round shattered White's window and the passenger window of her car.

A .15-blood alcohol level is nearly twice the legal limit for driving. In an interview, Silva denied she had been drinking or was high before the incident. She was driving on a suspended license as a result of two previous DUI convictions. She has not given a statement to police nor does she have an obligation to do so.

Attorneys have filed claims against the city of San Diego on behalf of Silva and her son, the first step in possible lawsuits against the city.

The attorneys had requested to photograph Silva's Honda, and Elias ruled Monday that they should be allowed to do so within 72 hours.

Four news organizations filed a motion last week to have the search-warrant documents unsealed. They included the San Diego Union - Tribune, KFMB/Channel 8, KGTV/Channel 10 and KNSD/Channel 7/39, San Diego DUI criminal defense lawyers discovered.

www.SanDiegoDrunkDrivingAttorney.net

What a person must do within 10 days of being arrested for a San Diego DUI




10. If you need to save your driver's license or privileges, your San Diego DUI attorney has only ten (10) calendar days to contact DMV!



Do not schedule yourself. If you contact DMV to schedule a date conflicting with your San Diego DUI attorney's calendar, DMV will not reschedule and you may not get the San Diego DUI attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.



9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.



7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.



6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.



5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.



If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.



4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)



Issues are whether the San Diego DUI officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.



2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!



1. All a San Diego DUI - DMV defense lawyer has to do is knock out one (1) DMV issue to save your license & you avoid that reissue fee and/or Proof of Insurance SR-22 filing.






San Diego DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help

Sunday, April 13, 2008

DMV hearing request following San Diego DUI arrest

San Diego DUI Attorney www. San Diego Drunk Driving Attorney . net
suggests the following form to be faxed to San Diego DMV at (858)627-3925 following a San Diego DUI arrest (in the event you have not yet retained a San Diego DUI lawyer):


Date:_____________________

To DMV, San Diego:

I was arrested for suspicion of DUI in San Diego County, have yet to retain the services of a San Diego DUI attorney, and I am requesting an Administrative
review of my San Diego county DUI arrest prior to the Department of Motor Vehicles taking any action
against my license.

I am making this request within ten (10) days of my San Diego DUI arrest; therefore I am entitled to a stay of suspension pending the outcome of this request, APS
hearing and decision. If the Department is unable to schedule the hearing
within 30 days of my request, I additionally request that you send me a
temporary license and proof that a stay is in place for my driving privilege.

Further, I am requesting that the Department of Motor Vehicles send any and all
documents that it plans to use in its case in chief, including any subpoenas
that may be issued for supplemental testimony in my case.


_______________________________________________________
Name

_______________________________________________________
Street Address:

_______________________________________________________
City State Zip Code


Date of Arrest:______________________________________

Arresting Agency:______________________________________

_______________________________________________________
Officer Name and Badge Number

_______________________________________________________
Type of Test Administered

_______________________________________________________
Driver License Number Driver License State

_______________________________________________________
Signature




San Diego DUI lawyers recommend you retain a San Diego DUI attorney in order to make this request. The form for a San Diego DMV hearing is made available in case you are unable to retain a San Diego DUI attorney prior to the 10 day San Diego DMV deadline. http://www.SanDiegoDrunkDrivingAttorney.net has more info.

Saturday, April 12, 2008

San Diego DUI / Drunk Driving Attorneys

San Diego DUI Attorney Specialist Rick Mueller is a Top-Rated San Diego DUI & DMV Defense Lawyer with over 24 years of DUI experience.

Known as a "DMV Guru," San Diego DUI criminal defense lawyer Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of San Diego DUI. San Diego Drunk Driving defense attorney Rick Mueller has saved the driving privileges of many clients in 2007 and 2008.
http://www.sandiegoduilawyer.com/

Free San Diego County DUI Defense Survey available for your best San Diego DUI attorney strategy and to protect your driving privileges in San Diego, California.
http://www.sandiegoduilawyer.com/survey.html

Premier San Diego DUI Lawyers who make a difference:

San Diego DUI Lawyer


San Diego DUI Attorney


California DUI Attorney


San Diego DUI Attorney Help


1-800-The-Law-DUI








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Friday, April 11, 2008

San Diego DUI Zero Tolerance / Under 21

San Diego DUI Zero Tolerance BAC:

Allowable blood alcohol content for minors. In California, this San Diego DUI law states that it is against the law to drive with a blood alcohol concentration (BAC) of .01% or higher if you are under 21 years of age. Your BAC is measured by a San Diego DUI test given to you by a San Diego DUI police officer. Under this San Diego DUI law, on your first San Diego DUI offense, your driving privilege could be suspended for one year if: your San Diego DUI BAC is .01% or higher, or you refuse to take the San Diego DUI preliminary alcohol screening (PAS) test, or you fail to complete the San Diego DUI PAS test. Consult a San Diego DUI lawyer at www.sandiegodrunkdrivingattorney.net

Not Guilty plea entered for La Mesa city employee in San Diego DUI case

San Diego DUI lawyer news

April 11, 2008

The La Mesa city worker found slumped behind the wheel of La Mesa Mayor Art Madrid's sport utility vehicle two months ago has pleaded not guilty to San Diego DUI / drunk driving.

Trisha Turner, who works for the La Mesa finance department, was in the driver's seat Feb. 20 with the engine running and the apparently drunk 73-year-old mayor was lying on the sidewalk near the vomit-splashed SUV, San Diego DUI attorneys are allegedly told.

The San Diego DUI criminal defense lawyer for the 34-year-old Turner entered the not guilty plea on her behalf Thursday in the San Diego Superior Court. Turner is charged with misdemeanor San Diego DUI - driving under the influence of alcohol.

Police drove Madrid and Turner home without giving them San Diego DUI field sobriety tests. The City Council hired an independent investigator to look into whether police followed department policy and the report is expected later this month, San Diego DUI attorneys are informed. www.sandiegodrunkdrivingattorney.net

Wednesday, April 9, 2008

san diego drunk driving attorney.net articles about California DUI

April 9, 2008 San Diego DUI Attorney Articles

http://www.sandiegodrunkdrivingattorney.net/articles.html

Black and White Fever
How to shop for the least expensive vehicle insurance
California DUI Defense Attorney Breath Test Inquiries
California DUI - Driving Under the Influence of Drugs - California DUI Lawyer arguments re: Sleep Driving
California DUI Attorney - Cell Phone Interference
"If I don't agree to do field sobriety tests..."
Can Sugar-free Candy or Gum's Sugar Alcohol Cause a Falsely Elevated California DUI Breath Test Reading?
Marijuana and Driving Impairment
How a California DUI breath test sample is supposed to estimate a person's BAC
What is a Breath Test Machine's "Source Code"?
Scientific Variations of California DUI Breath Test Results
Prosecution blood draw witnesses told how to testify - outrageous memo revealed
Less Than .08% BAC & Still Arrested for a California DUI?
California Drunk Driving FAQ
Key steps to hiring the very best San Diego California DUI / DMV Defense Lawyer
DUI drivers cause few traffic fatalities
Marijuana DUI - California Background Information
California DUI Frequently Asked Questions (FAQs)
California Drunk Driving Police Encounter - From Contact to DUI Testing
Interstate License Reporting
Zero Tolerance for all California DUI / Drunk Driving Probationers in 2009
Booze + Energy Drinks = Possible Danger
California Drunk Driving - DUI Laws: History & Extrapolation
Widmark Calculations in a California DUI Attorney's Jury Trial
The Best DUI Attorney in the Country is here in California
Consensual or Helping vs. an Unlawful California DUI Police Contact?
California DUI CHP Holiday Enforcement Information
California DUI Lawyer Motion to Suppress Evidence
Avoid The High Costs of a San Diego California DUI Defense Lawyer
California DUI Field Sobriety Testing is Generally Not That Trustworthy
Delays in Preparation of California DUI Arrest Reports Invite Objections
Resources for Powerful California DUI Prosecuting Attorneys
San Diego's Speed Traps
Tracking of Autos with PAS/PBTs
Driving on a Suspended License Citation/Arrest
Jury Selection Tips & Rules for a California DUI Atttorney
Things other than alcohol which could register a BAC
Fermentation Is a Bonafide Attack on California DUI Blood Tests
Objective Signs of Intoxication shown to be Subjective by California DUI Attorneys
The Importance of a 15-20 Minute Continuous Observation Period Just Prior to Breath Testing
Comparison of Roles of California DUI Defense Lawyer vs. DUI Prosecuting Attorney & Police
Possible Military Consequences of a California DUI
Unreliable California DUI Field Testing Does Not Account for Age, Nutrition & Fitness
California DUI Expungement Q. and A.

http://www.sandiegodrunkdrivingattorney.net

California DUI attorney seminars

San Diego DUI lawyer news www.SanDiegoDrunkDrivingAttorney.net

California DUI attorney seminars

April 9, 2008

2008 DUI / Drunk Driving / DWI Seminars Around CA & the Country


March 27-29—Dallas—15th Annual Mastering Scientific Evidence in DWI/DUI Cases— www.tcdla.org

April 18— San Diego -California District Attorneys Association DUI Prosecutions Seminar— www.cdaa.org/ training/

May 1-2 - New York - Big Apple VIII; DWI on Trial - New York State Bar

May 2-3 - Tucson - 21st Annual, Aggressive Defense of the Accused Impaired Drive - Arizona Attorneys for Criminal Justice

May 31 - 5th MABA DUI at Loyola Law School (Sat. 8:30 to 4:30) - contact MABA

June 6-7—Laramie—Understanding the Intricacies of a DWUI case — www.wytla.org

June 21—Monterey—California Public Defenders Association Annual DUI Update Seminar— www.cpda.org

June 26 - 28 - Irvine - SFST Practioner Course - LA PIER & ASSOCIATES

July 17-19—Harvard—National College for DUI Defense Annual Summer Session— www.ncdd.com

September 18-20—Las Vegas—NACDL/NCDD Annual “DWI Means Defend With Ingenuity” - www.nacdl.com

September—Rancho Mirage—California Attorneys for Criminal Justice CACJ Annual Rules of the Road— www.cacj.org

http://www.sandiegodrunkdrivingattorney.net/2008/04/california-dui-attorney-seminars-this.html

Tuesday, April 8, 2008