San Diego's Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports & the DS 367

San Diego DUI attorneys explain a San Diego DMV / DUI Hearing. The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



San Diego's Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension 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 mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of 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 unavailable.




Your San Diego DUI / DMV attorney 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 is up.



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 Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The 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 actually rendered.







Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf .

Ten Day Department of Motor Vehicles Deadline after a San Diego DUI / Drunk Driving Arrest - action to take!

In San Diego: what you must do within 10 days of being arrested for DUI or Drunk Driving


10. If you need to save your driver's license or privileges, your 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 attorney's calendar, DMV will not reschedule and you may not get the 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 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 DMV 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 on below sites for more information or to contact a San Diego DUI Lawyer who can help:

Choice of top San Diego DUI lawyers for San Diego persons charged with drunk driving needing DMV assistance

How can you find a qualified San Diego California DUI Lawyer ?



Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.



A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.



Some excellent questions to begin asking when searching for a California DUI lawyer are:



What are his or her California DUI attorney's qualifications?



Is he or she a Specialist member of the California DUI Lawyers Association?



Is he or she a member of the National College for DUI Defense?



Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.



You can read more -Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .


Or try a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .





San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

Choose a San Diego DUI Lawyer who can help

DUI & Defense consultation & evaluation for San Diego drunk driving cases

San Diego DUI Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as the "DMV Guru," 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.
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.







Click on below sites for more information

To contact a San Diego DUI Lawyer:

Quality San Diego DUI & DMV Attorney speaks at seminar

San Diego California DUI Lawyer info. provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI. San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.

San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 25 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.



San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Complete the Free San Diego California DUI Evaluation for your best San Diego California DUI defense attorney strategy.

To contact a DUI Lawyer in San Diego

Comprehensive San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney if accused of a San Diego DUI

Comprehensive San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI. Trouble-free San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.

San Diego DUI Attorney Rick Mueller is a Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 years of experience. Known as a California DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf .

San Diego dui & dmv defense evaluation for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege.

Choice of a San Diego California DUI Criminal Defense Lawyer

Lack of Reasonable Support for California DUI Officer's Detection of "Objective" Symptoms in San Diego DUI cases

San Diego DUI criminal lawyers and San Diego drunk driving defense attorneys report there often is a Lack of Reasonable Support for San Diego California DUI Officer's Detection of "Objective" Symptoms

San Diego California DUI attorney prosecutors & California DMV seem to believe so-called "objective" symptoms of odor of alcohol, slurred speech and red/bloodshot/glassy eyes are "objective."

Such a misfounded, subjective belief may not be reality. San Diego California DUI lawyers may fairly show one's claim of objectivity can be subjective.

Odor of Alcohol Unidentifiable & Unrelated to San Diego DUI BAC result

The odor of alcohol on a driver’s breath is usually the first clue a San Diego California DUI officer relies upon to:

• Initially believe that a driver has been drinking alcohol.
• Provide a reason to begin a San Diego California DUI/Drunk Driving/DWI investigation.

In a study on the ability to detect alcohol use by odors, 20 experienced DUI officers were asked to detect an alcohol odor from 14 subjects (BAC range 0-0.13%). Subjects were hidden behind a screen and asked to blow through a 6-inch tube, with the police officer’s nose at the end of the tube. DUI officers were unable to identify the beverage type (e.g. beer, wine, bourbon or vodka) and odor strength estimates were unrelated to BAC levels. [Moskowitz H, Burns M, Ferguson S., Police Officers’ Detection of Breath Odors From Alcohol Ingestion. Accid Anal Prev. 1999 May;31(3):175-180, p.175.]

Characterization by a San Diego DUI officer of Slurred Speech is often Subjective

The belief that slurred speech may be an indication of impairment is not new. However, research indicates that the characterization of an individual’s speech as slurred may be more subjective than anticipated.

In a study of the ability of speech to determine degree of alcohol intoxication subjects (light, moderate and heavy drinkers) were asked to speak at three different times: during a learning phase, when sober, and at four BAC levels (3 ascending curve and one descending). Subjects exhibited significant changes in speech as the alcohol level increased. However, the authors warn that these speech patterns “cannot be viewed as universal since a few subjects (about 20%) exhibited no (or negative) changzzes.” [Hollien, H., DeJong, G., Martin, C.A., Schwartz, R., Liljegre, N. K., Effects of Ethanol Intoxication on Speech Suprasegmentals. J Acoust Soc Am. 2001 Dec; 110(6):3198-3206, p. 3198.]

The effect of simulated sober or intoxicated speech was also evaluated, to determine if listeners could determine which utterances were made in the intoxicated condition. Actors were asked to produce several types of controlled utterances at various simulated alcohol levels, during actual alcohol intoxication, and attempting to sound sober when at the highest actual BAC level. Listeners rated the actors as being more intoxicated when the actors were sober but simulating drunkenness (88% more often than when they actually were intoxicated). In a second study, the actors were judged as sounding less inebriated than reality 61% of the time. [Hollien, H., DeJong, G., Martin, C.A., Production of Intoxication States by Actors: Perception by Lay Listeners, J. Forensic Sci. 1998 Nov; 43(6):1153-1162, p.1153.]

In a related paper, researches attempted to determine what speech characteristic lead to the misidentifications in the 1998 study. Four paralinguistic factors were evaluated: fundamental frequency (F0), speaking rate, vocal intensity, and non-fluency level. Non-fluencies were found to be the most significant characteristic of speech. [Hollien H, Liljegren K, Martin CA, DeJong G. Production of Intoxication States by Actors—Acoustic and Temporal Characteristics. J Forensic Sci. 2001 Jan;46(1):68-73.]

For another study the testers made audio recordings of male talkers uttering sentences under a sober condition and an intoxicated condition. Two types of experiments were made: (1) listeners were asked to listen to a matched pair of sentences, and to identify which sentence was uttered while the speaker was intoxicated, and (2) Indiana State Troopers and college undergraduates were asked to judge whether individual sentences were produced by a sober or an intoxicated speaker. The authors found that there were definite changes in speech articulation between sober and intoxicated conditions. [Pisoni DB, Martin CS Effects of alcohol on the acoustic-phonetic properties of speech: perceptual and acoustic analyses. Alcohol Clin Exp Res. 1989 Aug;13(4):577-87.]

Not all researches agree that slurred speech or changes in speech characteristics are evidence of intoxication, especially at low levels. Eleven subjects were asked to read a text in both sober and alcohol intoxicated conditions. By means of statistical analysis, various speech parameters were evaluated. The authors concluded that, on the basis of the results, “application of acoustic analysis in forensic medicine for recognition of low-level alcohol intoxication is considered inexpedient.” [Klingholz, F., Penning, R., Liebhardt, E., Recognition of Low-Level Alcohol Intoxication From Speech Signal, J Acoust Soc Am. 1988 Sep;84(3):929-35.]

Another researcher analyzed recordings made by Captain Hazelwood, the captain of the Exxon Valdez, recorded at several points around the time of the accident at Prince William Sound, Alaska. Acoustic-phonetic analysis of the captain’s speech recorded before, during and after the accident revealed a number of changes in speech. However, the authors warn of the limitations in making inferences concerning the state of the speaker upon the basis of phonetic data. [Johnson K, Pisoni DB, Bernacki RH., Do Voice Recordings Reveal Whether a Person is Intoxicated? A Case Study, Phonetica. 1990; 47(3-4):215-237.]


Red/Watery Eyes claimed by San Diego DUI officer often Caused by Many Non-alcohol Factors

Red/watery/glassy eyes are consistent with either intoxication or sobriety.

This purported San Diego DUI symptom may manifest with other conditions such as wind irritation, fatigue, eye irritation (e.g. contacts, air quality, etc.) or even emotional state.

There is no correlation of red/watery/glassy eyes with a San Diego DUI BAC because the effects may be present in subjects who are not intoxicated.

San Diego California DUI attorneys fairly break down the subjectivity of each of these purported signs.

San Diego's DUI & DMV online consultation
San Diego Drunk Driving Defense Resource Center:
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you.

DMV options & deadline after San Diego DUI arrest, & related San Diego DUI lawyer info

10. If you need to save your driver's license or privileges, your San Diego DUI / DMV defense 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 attorney's calendar, DMV will not reschedule and you may not get the 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 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 DMV 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 on below sites for more information or to contact a San Diego DUI Lawyer who can help.

Lots of types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers & DUI Attys

How can you find a qualified San Diego California DUI Lawyer is a question answered by Attorney Rick Mueller. Lots of types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.



A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.



Some excellent questions to begin asking when searching for a California DUI lawyer are:



What are his or her California DUI attorney's qualifications?



Is he or she a Specialist member of the California DUI Lawyers Association?



Is he or she a member of the National College for DUI Defense?



Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.



You can read more -Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .


Or try a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .





San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

Choice of a San Diego DUI Lawyer

Quality San Diego DUI Defense Lawyer at seminar

San Diego DUI / DMV Attorney Rick Mueller specializes in California DUI and
DMV law.



San Diego DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 7 DUI seminars in San Diego County in the last several
years.



At an 8th seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association.




Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



San Diego DUI Attorney Rick Mueller 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. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar.

San Diego DUI attorney specializing in drunk driving & DMV defense throughout San Diego County, helping people everyday!

San Diego DUI Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as the "DMV Guru," 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.
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Rick has been asked to speak again. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.







Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

Against Drunk Driving have been misleading the citizens of San Diego California & America

San Diego DUI lawyers at www.SanDiegoDuiLawyer.com/survey.html are told Mothers Against Drunk Driving have been misleading the citizens of America for many years now, while accelerating their legislative agenda with little or no scrutiny from the media or the public. MADD has been caught cheating on the honesty test, and as is the case in almost every testing environment, if you get caught cheating on a test, you get an automatic failing grade of F. MADD has instituted a grading system to indicate which states are passing the DUI enforcement test. Consequently, MADD should be held to their own high standard of check and balance.

In a recent article released by the Associated Press..., MADD President Wendy Hamilton that the number of drunk driving deaths in the United States rose last year after holding steady during most of the 1990s.

According to Hamilton, there were 17,448 drunken driving deaths in 2001, up from 16, 572 in 1999. That simply is not true. According to the National Highway Traffic Safety Administration, there were 17,448 alcohol-related traffic fatalities in 2001, but they were not all the result of drunk driving as Hamilton claims.

The NHTSA defines a fatal traffic crash as being alcohol-related if either a driver or a non-occupant (e.g., pedestrian) has a blood alcohol concentration (BAC) of 0.01 grams per deciliter (g/dl) or greater in a police-reported traffic crash. To put 0.01 g/dl in perspective, ten times that amount is required to achieve a BAC of 0.10 g/dl, which is the legal limit of intoxication in most states. Yet MADD continues to mislead America by allowing the public to believe that there were 17,448 victims of drunk drivers in 2001.

In laymen terms, if a legally sober driver is involved in a traffic accident in which another legally sober person is killed, and the person killed happened to drink one beer 30 minutes prior to the accident, the NHTSA will classify that fatality as alcohol-related, and MADD will use that particular fatality to bolster its numbers in an effort to persuade the legislature to enact tougher laws to curb drunk driving.

To further illustrate, according to MADD, there were 16,653 drunken driving deaths in 2000, while the NHTSA refers to these same fatalities as alcohol-related traffic fatalities. Of these 16,653 alcohol-related fatalities, 12,892 involved at least one driver or non-occupant with a BAC of 0.10 g/dl or greater. 7,326 were the intoxicated drivers themselves, and 1,594 were legally intoxicated pedestrians and pedal-cyclists. The remaining 3,972 fatalities were non-intoxicated drivers, passengers, and non-occupants. So how many actual victims of drunk driving were there in 2000? Excluding the 7,326 legally intoxicated drivers and 1,594 legally intoxicated pedestrians/ pedal-cyclists, there remain 3,972 fatalities. But not all of these deaths can be considered victims because the NHTSA doesn't concern itself with the cause of accidents. So if a sober driver is speeding and crashes into another driver who happens to legally intoxicated, and the speeding driver dies; is the speeding driver's death a alcohol-related fatality? Of course it isn't, but the public will be spoon fed this death as the tragic result of drunk driving. (MADD consistently implies and/or allows the public to believe that all alcohol-related traffic fatalities reported by the NHTSA are in fact innocent victims of drunk driving).

Sadly, MADD appears indifferent toward the intoxicated drivers death, as there is no effort to memorialize their familiy's suffering on the MADD web site, yet MADD continues to use these no less tragic, unfortunate deaths to pressure their way through our legislative branch. The fact is that an estimated 30 to 75 percent of people who are arrested for DUI in this nation have alcohol abuse problems, or are suffering from the disease of alcoholism. MADD wants these people punished, but punishment doesn't treat diseases. The notion that we can and/or should continue to expect favorable results by the practice of punishing and treating alcoholism simultaneously within our nations prison systems is questionable at best.

MADD could help to make our highways dramatically safer, if only they would use a portion of their resources to explore treatment options for alcoholics, rather than clinging onto the belief that the chronic offender / alcoholic can somehow be beaten into submission. It is a well-known fact that it costs taxpayers approximately 7 times more money to keep a person incarcerated, than it would to provide the alcoholic and/or chemically dependent sufferer with adequate treatment in an licensed alcoholism / addiction treatment facility.

MADD, in pursuit of nationwide sobriety checkpoints, is partly responsible for the asterisk that was assigned to our Constitutions Fourth Amendment, which protects Americans from unreasonable search and seizure. In the majority ruling, (Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990)) the United States Supreme Court Justice Rehnquist wrote, Drunk drivers cause an annual death toll of over 25,000. Thats simply not accurate data. Assuming that Justice Rehnquist was referring to the statistics of 1989, according to the NHTSA, there were 22,404 alcohol-related traffic fatalities, and as illustrated, not all these fatalities are the result of drunk driving as MADD and the United States Supreme Court contend. The Supreme Court referenced the enormity of the drunk driving problem in our nation to justify the appropriateness of its ruling; yet the statistics they referenced were skewed at the outset. It is curious why the Supreme Court rounded that particular statistic up rather than down, but regardless of their motivation, their claim doesnt match the statistics.

MADD has an awesome responsibility to convey accurate information to the American people, and to not mislead our lawmakers. They have failed in regard to that responsibility. Unfortunately, MADD flunks the honesty test.



Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

San Diego DUI & DMV Defense Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney

San Diego DUI & DMV Defense Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI. San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.

San Diego DUI Attorney Rick Mueller is a Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 years of experience. Known as a California DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended provided favorable responses to the President of the California DUI Lawyers Association, Vincent Tucc.



Free Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege.

San Diego California DUI Criminal Defense Lawyer with below sites:

San Diego DUI Lawyer

San Diego DUI

California DUI Attorney

San Diego DUI Help

San Diego DMV Hearing Procedure, Rules, Evidence & related Info

San Diego DUI attorneys at www.SanDiegoDUIlawyer.com/index.html are asked about a San Diego DMV / DUI Hearing. Here's the gig:

The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension 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 mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of 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 unavailable.




Your San Diego DUI / DMV attorney 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 is up.



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 Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The 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 actually rendered.







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San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent.

San Diego DUI police gear up for St. Patrick's day

San Diego DUI Attorneys at www.SanDiegoDUI.com/about.html report that throughout the state including the largest California DUI police enforcement operation ever in Northern California took place Saturday and netted at least 170 citations and arrests, according to the Department of Alcoholic Beverage Control.

The California DUI operation began at 2 p.m. Saturday, and involved more than 30 law enforcement agencies in the largest shoulder tap decoy operation ever assembled in the region, according to the department.

The California DUI operation targeted adults who purchase alcohol for people under 21 years old and had minors stand outside a liquor or convenience store and ask patrons to buy them alcohol while indicating in some way that he or she is underage.

As of 11 p.m., 126 individuals were cited for furnishing alcohol to minors, while police also made arrests for violations including driving under the influence, possession of illegal narcotics, being drunk in public, stolen vehicle charges, and probation violations.

The California DUI operation was conducted in multiple cities and counties throughout Northern California to reduce youth access during the St. Patrick's Day holiday.

A California DUI task force of about 180 police officers from Alcoholic Beverage Control, Cotati, Healdsburg, Sonoma State University, Berkeley, Martinez, Vacaville, Fairfield, Burlingame, Daly City, Millbrae and Pacifica and other departments took part in the operation.

Law enforcement agencies from other Northern California counties included Solano, Marin, Alameda, Contra Costa, San Mateo and Sonoma. The penalty for furnishing alcohol to a minor is a minimum $1,000 fine and 24 hours of community service.

North state law enforcement officials are urging the public to act responsibly Tuesday on St. Patrick's Day.

Those heading to a bar or St. Patrick's Day celebration should designate a sober driver before the festivities begin, California DUI attorneys say.

National Highway Traffic Safety Administration statistics show that 851 people lost their lives in motor vehicles crashes nationwide during the St. Patrick's Day holiday over the past five years.

Of those, 327 were killed in crashes that involved a drunken driver or motorcycle rider.

DUI saturation patrols will be out Tuesday night to stop and arrest those who drink and drive, according to California DUI lawyers.

San Diego Drunk Driving Defense Resource Center:San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a Top-Rated San Diego DUI Lawyer will help you.

San Diego DUI Lawyers are told the California DUI Court seeks arrest of Lindsay Lohan

San Diego DUI Lawyers at http://sandiegodui.com/survey.html are told the California DUI Court seeks arrest of Lindsay Lohan.

Actress Lindsay Lohan was asked to surrender to authorities after Beverly Hills Superior Court issued a warrant stemming from a California DUI and hit-and-run incident in May 2007.

But Lohan's California DUI criminal defense attorney, Shawn Chapman Holley, said Saturday she believes the California DUI warrant is "born out of a misunderstanding" and expressed confidence it would be resolved quickly and that her client would not have to surrender.

In the California DUI incident, Lohan was arrested after she lost control of her Mercedes-Benz SL65 and crashed into some shrubs. Her Mercedes was driven from the scene and was discovered by police at a nearby condominium complex. A small amount of cocaine also was found inside the vehicle. The actress had left the scene and was taken to a hospital, where she was taken into custody.

Lohan pleaded no contest to California DUI - drunk driving charges while admitting to using cocaine in two incidents. She was placed on probation for three years and was ordered to serve 10 days of community service.

She was reportedly out in the West Hollywood California area having dinner Friday night, not answering questions about this warrant arising out of a California DUI.

San Diego California DUI / Drunk Driving Defense Resource Center:

Information by a San Diego DUI & DMV Lawyer after a San Diego Drunk Driving Arrest by SDPD, CHP, Sheriff's Dept., Carlsbad, Oceanside, Escondido PD

San Diego DUI / DMV Defense Attorney Rick Mueller specializes in California DUI and
DMV law. San Diego DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several
years. At an 8th seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. Specially recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work. San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers. San Diego DUI Attorney Rick Mueller 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. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar

FREE SAN DIEGO DUI "EVALUATION FORM" href="http://www.sandiegodui.com">http://www.sandiegodui.com/survey.html



Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)

4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail


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San Diego DUI Defense Attorney offers Premier Drunk Driving & DMV Resources & Services in dealing with a San Diego DUI

San Diego DUI Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 24 years of experience. Known as the "DMV Guru," 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.
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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California firefighter wrongfully fired for DUI charges wins $100,000 verdict!

San Diego DUI defense attorneys at http://www.sandiegodui.com/victory.html are told a
jury declared last week that city officials wrongly fired a Bakersfield firefighter and now must pay him $100,000.

But city officials were mum Monday on how they'll react.

A change in policy? Discipline for the fire chief? The wronged man getting his job back?

"You're asking questions I don't have any answers to," Councilman Harold Hanson said Monday. "I would be better able to discuss it with you after I've talked to counsel."

Two other council members and the city manager also demurred, in part because the case isn't completely resolved. A judge still has to rule on attorney's fees.

Robby Pratt was fired in 2007, supposedly for having twice been arrested for driving under the influence. He pled down in one case and the other was dismissed, said his California DUI Defense & premier lawyer in the two cases.

But the jury declared the real reason Pratt was fired was that he was believed to be gay, and for reporting alleged misconduct by another firefighter.

Richard Middlebrook was Pratt's attorney on three earlier cases -- the two DUI charges and a fight where Pratt stepped up to defend a woman, according to Middlebrook. He said Pratt has, on one level, been vindicated, but on another he lost.

"He can't even get his job back," Middlebrook said. "The $100,000 doesn't change a thing."

The amount of money the jury awarded is just one year's worth of pay and benefits, Middlebrook said, and Pratt is unlikely to get hired on at any other fire department.

Meanwhile, John Weber, the captain whose harassment of Pratt sparked the case, has taken a new job with the Manhattan Beach Fire Department, according to the city's human resources department.

Pratt had gone through the city's administrative process to get his job back, but lost all those appeals.

That doesn't sit well with Dennis Roe, a firefighter who testified on Pratt's behalf in the two-week trial.

"Since he was wrongfully terminated, shouldn't he get his job back?" Roe said.

He said he doesn't have high hopes that the verdict will be a wake-up call to fire department management.

San Diego DUI Lawyer Rick Mueller is a premier San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as a "DMV Guru," 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. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.

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San Diego DUI Lawyer Rick Mueller dedicates all of his San Diego DUI law practice to aggressively defending those accused of San Diego DUI

San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI. Hassle-free San Diego DUI help for San Diego DUI court and San Diego DMV.

San Diego DUI Attorney Rick Mueller is a Premier & Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 25 years of experience. Known as a California DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates all of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended provided favorable responses to the President of the California DUI Lawyers Association, Vincent Tucci, who is one of the top DUI attorneys in the country.

San Diego DMV & DUI Defense Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege.

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Avoid a San Diego DUI by not driving - the life you save may be your own! Nuts & Bolts and logical Notes

San Diego DUI attorneys are asked how to avoid a DUI at www.SanDiegoDUI.com/index.htmel.

The first and most obvious way to avoid a San Diego DUI arrest is not to drive after drinking.

The reality is that a number of people are going to feel that they are unimpaired and will get behind the wheel after having imbibed.

These drivers may even be right about being unimpaired: the National Highway Traffic Safety Administration (NHTSA), a branch of the U.S. Department of Transportation, notes that “virtually all drivers are substantially impaired at 0.08 BAC [blood-alcohol concentration].” (NHTSA State Legislative Fact Sheet 1996.) Not only does this leave some wiggle room even for people at the 0.08% BAC level, the fact remains that people below that level may not be so unimpaired as to be unable to legally drive.

This San Diego DUI article is not meant to encourage you to drive when you have been drinking! The best way to avoid a San Diego DUI (driving under the influence) arrest is not to get behind the wheel after you’ve consumed alcohol.

But simply saying, “The safest course is not to drink, then drive” somewhat begs the question. Clearly even the insanely-MADD members of society cannot expect that anyone who consumes alcohol will never again get behind the wheel of a car. Sooner or later, the effect of alcohol wears off.

This is to assist those people who, in good faith, believe they are within their legal rights to drive and want to avoid a San Diego DUI / drunk driving arrest.

The first and easiest thing to do to avoid being stopped for a San Diego DUI while driving after drinking is to make sure that your registration is current. A number of people who I see accused of San Diego DUI / drunk driving were originally stopped because a bored San Diego DUI patrol officer — or perhaps one patrolling near a bar and looking for excuses to stop people — noticed an expired registration tag.

The second thing to remember — and perhaps the most common reason people get stopped and then arrested for a DUI — is to obey all San Diego California traffic laws. Don’t speed. Don’t drive too slow, either! San Diego DUI officers sometimes stop people for going below the speed limit. Don’t make any turns without signaling; don’t even change lanes without signaling. Remember that making u-turns in some areas (such as a business district or a marked “no u-turns” area) is illegal.

Many San Diego DUI arrests began with someone who did not have a front license plate. Ever get stopped by an officer and sit there as he walks to the front of your car? He’s checking for the front plate. If his stop was a “bad stop,” but your front plate is missing, he may try to say that he noticed that on a foggy, pitch-dark night as he approached you from behind.

Similarly, if your windows are tinted, the officer may testi-lie that he thought maybe they were tinted more than the law allows. Or maybe your rear turn signal, or brake lights, weren’t working. Perhaps one of the bulbs was out on your rear license plate.

It will be even more important that you know every aspect of your car is in working order and doesn’t violate any legal codes. If you are stopped by a police officer “just because,” you might win your San Diego DUI case based on the stop being unconstitutional. But if the San Diego DUI officer can point out a problem like a burned out headlight or some other defect with your car, the stop will almost certainly be ruled constitutionally-okay, even though the officer couldn’t have known about the defect at the time he made the stop.

It amazes me the number of people who tell a San Diego DUI police officer they’ve been drinking. Doesn’t anyone watch television? You have a right to remain silent. Use it! You don’t want to lie about it. Leave lying to the police officers. But just because you’re not going to lie doesn’t mean you have to answer the question. While your refusal to answer might make you look suspicious, you don’t have to answer. My fondest wish is for someone to be mistakenly arrested for San Diego DUI, but then have the officer arrest that person for refusing to answer the question.

Once you get stopped, if you’ve had even one recent drink, the officer is almost certainly going to claim he smells alcohol on your breath. He might say this even if he doesn’t smell alcohol on your breath. Remember, the San Diego DUI officer is allowed to lie to you — and, unofficially, he’s also allowed to lie in the San Diego DUI court. Alcohol itself doesn’t actually even have an odor; the odor comes from whatever drink contained alcohol. Some non-alcoholic drinks, therefore, could “smell like” alcohol to a San Diego DUI officer who will stink up his San Diego DUI report by saying he smelled the “odor of alcohol on the suspect’s breath.”

When the San Diego DUI officer has a hunch you’ve been drinking, the San Diego DUI officer is going to ask you to take “field sobriety tests,” also known as FSTs, acrobatics or gymnastics. “Field Sobriety Tests” is a fancy phrase for “coordination tests”; it just sounds more scientific, so it helps convince San Diego DUI juries that the San Diego DUI officer has “proof” that you were drinking. Of course, you were already taking a coordination test before you were stopped: you were driving your car, which requires various types of coordination. Why give the San Diego DUI officer more? Besides, you’ll almost certainly fail.

“We have no idea how well a sober person can perform on the SFST [field tests]. How does age or gender affect performance? How does fatigue or practice affect performance?” [Spurgeon Cole, a forensic scientist and consultant in Georgia] has written. “Without answers to these basic questions, the SFST remain in the same category as tarot cards.” Cole did his own study, administering the tests to 21 of his students at Clemson University in South Carolina — none of whom had had a drop of alcohol — and then showing the videotape of their performance to a group of officers. The officers reported they’d arrest nearly half the students. “And these people had absolutely zero to drink,” Cole said in an interview. “These tests are absolutely worthless.” (Brigid Schulte, “DUI Hokeypokey: Police, Lawyers And Scientists Engage in a Clumsy Dance Over the Merits Of Roadside Sobriety Tests” (November 15, 2001) The Washington Post.)

Many people think that they must take the San Diego DUI coordination tests. This is not true. California has no law that says you must take the test. When the San Diego DUI officer asks if you’ll take the tests, “Just Say No.” Without the “test results,” it will be that much harder for the officer to testify he had probable cause to belief you were drinking and driving.

California law does require you to submit to either a breath or blood test for alcohol, once you have been arrested for a San Diego DUI charge. The San Diego DUI officer will read you an admonition telling you this. Refusal to take the breath or blood test (or urine, if neither of the others is available) can increase the penalties if you are convicted of San Diego DUI.

The best way to avoid a San Diego DUI arrest is not to drink and drive. If you’re unsure whether you’re safe to drive, consider waiting awhile longer before driving. The life you save may be your own.

If unfortunately needed, San Diego DUI Lawyer Rick Mueller is a premier San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as a "DMV Guru," 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. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy.

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San Diego DUI / drunk driving / DMV defense lawyer Rick Mueller explains the DMV 10 Day Deadline

San Diego DUI lawyers at www.SanDiegoDUIlawyer.com/survey.html are asked what you must do within 10 days of being arrested:

10. If you need to save your driver's license or privileges, your 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 attorney's calendar, DMV will not reschedule and you may not get the 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 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 DMV 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!






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San Diego DUI police preparing for St. Patrick's Day & Cinco De Mayo, thousands of drunk driving dollars to be spent

San Diego DUI defense attorneys at
http://www.sandiegoduihelp.com/duiblog/index.html report The City of San Marcos and the San Diego Sheriff’s Department are conducting additional impaired driving enforcement
throughout the upcoming Saint Patrick’s Day and Cinco De Mayo celebrations and would like to remind everyone of the
costs associated with driving under the influence:

The Cost for America: DUI cost the US over $114,000,000.00 (114 Billion) every year. Nearly 17,000 people die every
year in alcohiol related collisions on our nation’s roadways. Alcohol is a factor in 39% of the United States traffic fatalities
(2005 statistic.) Approximately 3 of every 10 Americans will be involved in an alcohol related crash sometime in their lives.

The Cost for California: Vehicle towing and storage $350

Drivers License Reinstate Fee $125

Car Insurance Increase $4600 or possibly cancellation of policy

DUI FIne (SD County) $1756

Pre-sentencing Probation reports $1127

Supervised Probation (3 Years) $3564

DUI Victim Impact Panel $20

Total Fees and Fines $10,532

Person Providing Information: Sgt C. Hensley
Email Address of Provider: cliston.hensley@sdsheriff.org
Telephone number of Provider: 760-510-5212




San Diego Drunk Driving Defense Resource Center:

San Diego DUI / drunk driving / DMV defense lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association

San Diego DUI Criminal Defense Attorney Rick Mueller specializes in California DUI and DMV law.
San Diego DUI Specialist Rick Mueller is the only DMV - DUI attorney who was the
featured Speaker at 7 DUI seminars in San Diego County in the last several
years. At an 8th seminar, San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense lawyer Rick Mueller's presentation and materials were excellent. San Diego DUI Lawyer Rick Mueller is known as the "DMV Guru" by the Bar Association. Recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. Known as California's bible for DUI defense, authored by Ed Kuwatch, Paul Burglin and Barry Simons, the book features some of San Diego DUI attorney Rick Mueller's hard work.



San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association (formerly the Association of California Deuce Defenders). He is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.



San Diego DUI Attorney Rick Mueller 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. His DMV - DUI work is also featured in the Association of California Deuce Defenders' materials. Since 1983, DUI Lawyer Rick Mueller has actively defended these cases. San Diego DUI Attorney Rick Mueller is in Good Standing with the State Bar (#114305).



Get Help Today:



Quality San Diego DMV - DUI legal representation: 1-800-THE-LAW-DUI
(1-800-843-5293)



4660 La Jolla Village Drive, Suite 500

San Diego, CA 92122

(619) 218 - 2997 portable/voice mail




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Tonight's San Diego DUI checkpoint in response to recent death in North San Diego County?

San Diego dui lawyers report that law enforcement agencies from throughout San Diego County are again joining forces to conduct a “zero tolerance” alcohol enforcement detail.

On Friday, March 6, 2009, agencies participating in the San Diego DUI Avoid Grant will target the unincorporated communities of Fallbrook, Bonsall, Rainbow and Vista. This crackdown on alcohol related crimes and violations will target drunk drivers and public drunkenness. Participating agencies include the San Diego County Sheriff’s Department, California Highway Patrol, San Diego PD, Oceanside PD, Carlsbad PD, La Mesa PD, Escondido PD, Coronado PD, California State Parks and San Diego County Probation.

All too often, members of our community are senselessly injured or killed on local roadways by impaired drivers. This operation is an effort to reduce those tragedies. Many more alcohol enforcement operations are scheduled throughout San Diego County thanks to a grant from the California Office of Traffic Safety. It is the goal of law enforcement in San Diego County to do it’s best to provide a safe environment for everyone.

The Sheriff’s Department will coordinate this operation from the Sheriff’s Fallbrook Sub-Station, located at 388 E. Alvarado St. in Fallbrook. The media is invited to attend the main briefing which will commence at 1930 hours (7:30 pm). The Sheriff’s Mobile Command and Transportation Unit will be on hand to process arrests.

To pre-arrange a media ride-along for this event, please contact the Sheriff’s Public Affairs office at your earliest convenience (858-974-2259).

Perhaps this San Diego DUI checkpoint is in response to a recent death up there.

A 24-year-old Oceanside man died Monday from injuries he sustained when his Jeep drove into oncoming traffic the evening before, officials said.
The unidentified man was driving east on Lilac Road at Via Piedra about 8:20 p.m. Sunday when he crossed into the westbound lanes, the California Highway Patrol said.
His 1992 Jeep Cherokee crashed into a 2002 Toyota Tundra. The man in the Toyota suffered a broken elbow; his wife sustained minor injuries.
All three were taken to a hospital, where the driver of the Jeep died, the CHP said.
Authorities believe alcohol or drugs contributed to the crash.
Lilac Road was closed for three hours while authorities investigated the wreck and cleared the vehicles from the road.

San Diego County DUI, DMV & Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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San Diego DUI Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience

San Diego DUI Specialist Rick Mueller is a Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. Known as the "DMV Guru," 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.
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was excellent. Here's the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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Top-notch DUI attorney shows why his expertise in San Diego can help with California drunk driving case

San Diego California DUI Lawyer information provided by a top San Diego California Drunk Driving Attorney for those accused of a San Diego California DUI.



Comprehensive San Diego California DUI help for San Diego California DUI court and San Diego California DMV. Complete San Diego California DUI Help to save your California license or other state license.



San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 24 years of experience. Known as the San Diego California DUI - DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.



San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended indicated to the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was very helpful. Complete the Free San Diego California DUI Evaluation at http://www.SanDiegoDrunkDrivingAttorney.net/survey.html for your best San Diego California DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become San Diego California DUI Clients.





See the below for more information or to contact a DUI Lawyer who can help:

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Help today with your San Diego DUI and formulating drunk driving defense & DMV strategy in San Diego California

San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego California DUI.



Worry-free San Diego DUI help for San Diego DUI court and San Diego DMV. Help to save your license.



San Diego DUI Attorney Rick Mueller is a Top-Rated San Diego Drunk Driving Lawyer, San Diego DUI & DMV Defense Attorney with over 24 years of experience. Known as a California DUI - DMV Guru, San Diego DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence. San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended provided favorable responses to the President of the California DUI Lawyers Association, Vincent Tucci. Simply complete Free Evaluation at http://www.SanDiegoDUI.com/survey.html for your best San Diego DUI defense attorney strategy and to vigorously protect your important driving privilege, as has been done for many good people who necessarily become Clients.








Contact a San Diego California DUI Criminal Defense Lawyer who can help or visit below sites:

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The San Diego DMV hearing is an important part of a San Diego Drunk Driving post-arrest procedure

The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.



The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.



The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension 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 mandamus.




A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension.




Because of 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 unavailable.




Your San Diego DUI / DMV attorney 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 is up.



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 Specialist.




Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.




Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).




The 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 actually rendered.







Click on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

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San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was amazing.

FREE SAN DIEGO DUI & DMV DEFENSE "EVALUATION FORM"San Diego DUI Defense Resource Center:

Ten Day DMV Deadline - numerous San Diego DUI consequences so it's important to be timely

What your San Diego DUI / DMV Defense Attorney must do within 10 days of being arrested




10. If you need to save your driver's license or privileges, your San Diego DUI / DMV Defense 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 / DMV Defense attorney's calendar, DMV will not reschedule and you may not get the San Diego DUI / DMV Defense attorney of your choice. There is no rush as long as your San Diego DUI / DMV Defense 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 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 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 on below sites for more information or to contact a San Diego DUI Lawyer who can help:

San Diego DUI Lawyer

San Diego DUI / DMV Defense

California DUI Attorney

San Diego DUI Help

Looking for competent San Diego DUI Attorney Assistance with proper California credentials?

How can you find a qualified San Diego California DUI Lawyer ?



Various types of lawyers handle San Diego drunk driving cases, including public defenders, general practitioners, criminal defense lawyers, and DUI Specialist attorneys.



A San Diego County public defender is a California attorney provided at little or no cost to provide defense services to people who financially are unable to hire a private San Diego lawyer. Most San Diego County Districts generally do not offer public defenders services unless you are unemployed, significantly under-employed and/or have no assets.



Some excellent questions to begin asking when searching for a California DUI lawyer are:



What are his or her California DUI attorney's qualifications?



Is he or she a Specialist member of the California DUI Lawyers Association?



Is he or she a member of the National College for DUI Defense?



Whether or not you ultimately end up hiring a California DUI Specialist attorney, it is a smart idea to speak to a California DUI Specialist lawyer in this highly complex field.



You can read more -Why use San Diego County's Specialist in DUI and DMV Law http://www.sandiegoduilawyer.com/why.html .


Or try a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .





San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was helpful.

DUI Lawyers in San Diego:

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San Diego DUI

California DUI Attorney

San Diego DUI Help