Monday, November 30, 2009

DMV 10 day DUI Deadlne in San Diego California - attorney explains what to do

San Diego DUI criminal defense lawyers help folks stay on the road.

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!




Sunday, November 29, 2009

Why use San Diego County's Specialist in DUI and DMV Law now

If you have been arrested for a DUI in San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case. Why use San Diego County's Specialist in DUI and DMV Law now

.



A

Superb-rated

San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.



In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.



If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



However, if all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.



A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.



A premier San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.


San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

.


Try a Free California DUI Evaluation

at this online DUI consultation site

.

Saturday, November 28, 2009

Get Help Today: COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM" online DUI Survey

Help Today: COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM"

at this online DUI consultation site



Superb-rated

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, on August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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".



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, the book features some of San Diego DUI attorney Rick Mueller's hard work.

San Diego Drunk Driving Criminal Defense Attorney Blog

Friday, November 27, 2009

Complete important Free San Diego County Drunk Driving Defense Survey

San Diego California DUI Lawyer information provided by a top San Diego California Drunk Driving Criminal Defense Attorney:
On August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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 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. Complete the important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best strategy and to protect your driver's license in California or elsewhere.

Thursday, November 26, 2009

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases

Thanksgiving reminder: 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 Lawyer - San Diego Attorney Drunk Driving can help you beat the San Diego drunk driving charge.

San Diego DUI officers will be cracking down on drunk and DUI drivers this Thanksgiving weekend

San Diego DUI officers will be cracking down on drunk and DUI drivers this Thanksgiving weekend, San Diego DUI criminal defense attorneys warn.

Over the 2008 Thanksgiving holiday enforcement campaign, San Diego CHP arrested 119 suspected DUI drivers, eighteen less than the year before.

Turkey Holiday DUI Watch Schedule:

November 25, 2009 (Wednesday)
Poway – “Click it or Ticket”- 0800-1200
Encinitas – ABC Compliance Enforcement Detail/Zero Tolerance
Imperial Beach-“Click it or Ticket”-1230-1630

November 27, 2009 (Friday)
Vista – Holiday Watch “Black Friday” 0900-2100
Poway – OTS DUI Checkpoint Mini-Grant

November 28, 2009 (Saturday)
Poway – OTS DUI Saturation Patrol
Encinitas – OTS Saturation Patrol 2000-0300
Lemon Grove – Bike Detail @ Spring Valley Swap Meet 0800-1300
Imperial Beach-“Click it or Ticket”-1630-2030
Santee– OTS DUI Saturation Patrol

November 29, 2009 (Sunday)
Poway – “Click it or Ticket” 1200-2030

If you need a San Diego DUI criminal defense lawyer to help you deal with this, contact San Diego County DUI Law Center.

Wednesday, November 25, 2009

Complete

Free Survey

for your best San Diego DUI defense attorney strategy!!

The most comprehensive and exclusive San Diego DUI Lawyer information provided for those facing an otherwise disatrous San Diego California DUI, featuring problem-free San Diego DUI help for San Diego DUI court and San Diego DMV. And of course - Help to save your license. San Diego DUI Attorney Rick Mueller is a Premier 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 DUI. Rick recently lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller also spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

.

Easily complete

Free Survey

for your best San Diego DUI defense attorney strategy and to vigorously protect your life & liberty today~

Tuesday, November 24, 2009

The Community Caretaker Doctrine is a DUI exception to the rule

San Diego DUI Criminal Defense Attorneys sometimes have a client who was initially contacted by a police officer who maintains he was acting in order to help a distressed citizen - for exmaple, cop knocks on one's car door window.

The Community Caretaker Doctrine is an exception to the general requirement that a warrantless detention in a San Diego DUI case must be based upon articulable and reasonable suspicion that a crime has happened or is about to happen.

The California Supreme Court requires a high threshold to be met before an officer can make a detention based on the community caretaking exception. [People v. Ray, 981 P.2d 928 (Cal. 1999).] The court mandated that a substantial risk to life or the possibility of major property damage exist before the police can act under this exception. We agree with defendant that the People did not meet their burden of establishing circumstances warranting the officers’ actions under the emergency aid component of community caretaking. This justification requires specific, articulable facts indicating the need for “swift action to prevent imminent danger to life or serious damage to property...” [Id. at 934.]

Whether or not any particular encounter between a person and an officer is a detention vs. a consensual contact, a California court said:
Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, and asking him if he is willing to answer some questions. (Florida v. Royer (1983) 460 U.S. 491, 497 [75 L.Ed.2d 229, 236, 103 S.Ct. 1319].) A person has been seized within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. (United States v. Mendenhall (1980) 446 U.S. 544, 554 [64 L.Ed.2d 497, 509, 100 S.Ct. 1870]; see also INS v. Delgado (1984) 466 U.S. 210, 215 [80 L.Ed.2d 247, 254-255, 104 S.Ct. 1758].) As the Supreme Court has noted, “The test is necessarily imprecise, because it is designed to assess the coercive effect of police conduct, taken as a whole, rather than to focus on particular details of that conduct in isolation. Moreover, what constitutes a restraint on liberty prompting a person to conclude that he is not free to ‘leave’ will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.” (Michigan v. Chesternut (1988) 486 U.S. 567, 573 [100 L.Ed.2d 565, 572, 108 S.Ct. 1975].) [People v. Jones (1991) 228 CA3d 519, 279 CR 56]

In general, a detention is found whenever a person is ordered, rather than asked, by an officer to stay put, though in individual cases other factors may weigh more heavily. In the Jones opinion, the holding was that a detention had occurred where the cop parked his cruiser blocking a traffic lane, and jumped out and yelled, “Stop. Would you please stop.” Though the cop’s statement to the defendant was partially phrased as merely a request to stop, the officer's show of authority in how he parked his car and jumped out was seen by the court as more important, taken as a whole.

Sometimes an officer's direct order to stop is seen as a mere request to stop. In People v. King (1977) 72 CA3d 346, 139 CR 926, the court found that a detention had not occurred where the officer approached the walking defendant, whom he already knew, and called out: “Danny, stop, I want to talk to you.”

In People v. Harris (1986) 184 CA3d 1319, 229 CR 400, the contact with the police officer was consensual. Though the officer said, “Mister, can you please wake up?” and asked appellant to get out of his car, “to make sure that he was O.K. and just check on his well being,” appellant was actually free to leave. He had the right to simply ignore the nice “request.” Besides, reasoned the court, defendant’s inability to leave was due to his getting out of the car and falling down drunk.

In People v. Perez (1989) 211 CA3d 1492, 260 CR 172, the court found no detention where a police vehicle only stopped, facing the front of the defendant’s vehicle and turned on the high beams and both spotlights, aimed at the defendant’s car. The defendant’s exit was not blocked. He could have driven off, the court said. “[T]he conduct of the police officer here did not manifest police authority to the degree leading a reasonable person to conclude he was not free to leave.” Frustrating as it is, courts do have the power to reorient reality as they want to.

In In re Frank V. (1991) 233 CA3d 1232, 285 CR 16, the cop made a U-turn upon seeing the defendant pull away from the curb on a motorcycle. The motorcycle immediately pulled over to the curb and stopped. The officer stopped behind and got out to confront the motorcyclist. Not a detention said the court, merely a consensual encounter.

In People v. Bouser (1994) 26 CA4th 1280, 32 CR2d 163, the officer said: “Hey, how you doing? You mind if we talk?” to a drug dealer in an alley. The defendant then waited around voluntarily without instructions for maybe five minutes during a warrant check, without being told to do anything. According to the court, this was not a detention.

San Diego DUI criminal defense lawyers always have a fight on their hands.

Monday, November 23, 2009

San Diego DUI lawyers are here to help with the deadline!

San Diego DUI lawyers are here to help with the deadline!

10. Because you need to save your driver's license, 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 criminal defense attorney of your choice. There is no rush as long as your San Diego DUI 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 a San Diego DUI 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 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!






Here's more information or to contact a San Diego DUI Criminal Defense Attorney resource center:

San Diego DUI

Saturday, November 21, 2009

Superb-rated San Diego DUI Criminal Defense Attorney Rick Mueller

No room to make a mistake in deciding on a lawyer if arrested for drunk driving.

Superb-rated

San Diego DUI Criminal Defense Attorney Rick Mueller specializes in California DUI. 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, on August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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".



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, 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:


* COMPLETE FREE SAN DIEGO DUI "EVALUATION FORM"

at this online DUI consultation site

Click on below sites for more information by a San Diego DUI Criminal Defense Lawyer:

San Diego DUI Lawyer

Friday, November 20, 2009

San Diego DUI checkpoint in Escondido Saturday

San Diego DUI criminal defense attorneys report that an Escondido drunk driving operation is set for the hours between 6 p.m. Saturday and 1 a.m. Sunday. San Diego DUI cops hope to curb the number of deaths and injuries that result from wrecks involving DUI. The San Diego DUI checkpoint must be conducted legally.

Thursday, November 19, 2009

As California DMV Guru, San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending DUI's

Problem-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV. 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. As a California 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.

On August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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.



Complete the important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best strategy and to protect your driver's license in California or elsewhere.

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

San Diego DUI Lawyer


Video of San Diego DUI / DMV Attorney

Monday, November 16, 2009

Calculations in a San Diego DUI Defense Attorney Trial - Breath Testing & Widmark

Calculations in a San Diego DUI Criminal Defense Attorney's Jury Trial

In the previous San Diego California DUI Lawyer article, it was noted extrapolation of and from BACs or levels in the body has been around since Widmark developed equations in the 1930's.

San Diego DUI lawyers face BAC calculations usually during the direct examination of the San Diego California DUI’s prosecution’s expert. Based upon Widmark BAC calculations, the San Diego California DUI prosecution’s expert will usually expediently claim that what the San Diego California DUI attorney’s client told the police officer he or she had to drink on the night in question cannot possibly be true. The San Diego California Prosecution’s Drunk Driving expert will maintain that Widmark’s formula proves the San Diego California DUI attorney’s client must have had much more alcohol to drink than the San Diego California DUI attorney’s client told the California DUI officer.

The San Diego DUI Prosecution expert will finally opine that whatever the actual chemical test results were, the California DUI lawyer’s client’s actual blood alcohol level at the time of driving was higher than at the time of the California Drunk Driving chemical test.

During the attack on the prosecution expert’s Widmark calculations, the San Diego DUI defense lawyer may usually count on obtaining information helpful in the San Diego DUI attorney’s case. An opportunity for a California DUI arrestee to prevail in a California DUI trial comes out during the reasonable attack on Widmark calculations. Widmark calculations in San Diego DUI breath testing cases sometimes results in evidence unfavorable to the advocating San Diego Drunk Driving prosecutor.

A main reason Widmark calculations are offered in a San Diego DUI trial is that California has a statute prohibiting a person from having a certain amount of alcohol in the blood at a proscribed time. The .08% BAC California law is known as the “per se” California DUI law.

The proscribed time in the California DUI per se law is the time when the person was driving a motor vehicle. But California Drunk Driving chemical tests are not performed at the actual time the vehicle was being driven by the San Diego DUI attorney’s client. San Diego DUI prosecutors believe it is necessary to try to establish a numerical blood alcohol value for the time covered by the San Diego DUI per se law. This process of obtaining a numerical blood alcohol level for a time prior to the blood test is generally done by the use of Widmark calculations or a modified variation of Widmark’s formula.

California’s per se Vehicle Code section 23152(b)’s statute prohibits driving with .08 percent or more of alcohol in a person’s blood:
It is unlawful for any person who has 0 .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

The more a San Diego DUI criminal defense lawyer can shake jurors loose from a general predisposition of guilt (the predominant problem in a San Diego drunk driving trial), the more favorable the trial prospects of the San Diego DUI defense attorney’s mission to accomplish justice through an acquittal.

Attacking Widmark calculations is an effective way to accomplish this mission because the Widmark formula uses averages to arrive at conclusions in San Diego Drunk Driving cases. Most reasonable San Diego jurors understand the problems inherent with using averages, and averages are the antithesis of proving something beyond a reasonable doubt. When San Diego jurors hear that there is going to be a calculation using a long established formula, most jurors presume that the calculation is going to have some type of mathematical certainty. But when the jurors hear that in reality the Widmark calculations are actually nothing more than an educated guess, they will begin to question some of their initial assumptions.

After the San Diego DUI defense lawyer’s cross-examination on Widmark calculations many jurors may not be as predisposed to convict as when they were first seated. Part of the California DUI defense from the start is to get jurors to think there is more to this than I first thought or the case is not so cut and dried. One way to remind jurors about the problems with averages that are used in Widmark calculations is to give them analogies that emphasize the problem with using averages. A premier San Diego DUI attorney might tell jurors if one leg on a person’s slacks is too short, and one leg is too long - the San Diego DUI prosecution’s tailor would have you believe that on average the slack’s fit just fine. Or, if when you first turn the shower on in the morning, the water is very cold, and then it turns to extremely hot, don’t worry - on average according to the San Diego California DUI prosecution’s plumber you are having a nice shower.

With the aid of a calculator, a paid San Diego DUI Prosecution expert has determined that the accused had a high BAC. This opinion cements the jurors’ first impressions that the California DUI attorney’s client is in fact guilty. But the way that these Widmark computations are presented provides a unique opportunity for a California DUI defense attorney: simply ask the state’s expert if he or she discussed the case with the prosecutor before testifying. The answer is usually “yes.” The California DUI attorney then asks if the two of them discussed the calculations determining the number of drinks the San Diego California DUI attorney’s client consumed. The answer is usually “yes.”

Confirm the fact that the San Diego DUI Prosecution expert knew the answer to the prosecutor’s drink calculation question before it was asked. The state’s expert witness and the California DUI prosecutor are exposed. Why is the California DUI prosecution lawyer going to such lengths to deceive California jurors? A predominant problem for the California DUI defense attorney begins to become solved.

Next ask what Erik Matteo Prochet Widmark’s formula is.
The formula is found in Widmark’s 1932 treatise, Die theoretischen Grundlagen und die praktische Verwendbarkeit der gerichtlich – medizinischen Alkoholbestimmung (Principles and Applications Medicolegal Alcohol Determination).

San Diego DUI Prosecution experts often do not really have an expert understanding of Widmark’s work. They presume that they can get away with making Widmark calculations without discussing the limitations in the calculations, and usually they do. A San Diego DUI lawyer can expose imposters posing as experts on Widmark. Ask the expert if there was some formula the expert used to calculate the amount of drinks the expert claims the San Diego DUI attorney’s client drank. The expert will usually say there is such a formula. Ask if the formula used was the Widmark formula. The expert will say yes, or will say a modified version of the formula based on Widmark’s work was used.

When asked what the Widmark formula is, many San Diego California DUI Prosecution experts will testify to a formula that is not the actual formula. These experts, instead use a shorthand version of the formula in court. This shorthand version of the formula does not accommodate any of the variables that are in the actual formula. [See previous article re: DUI Law History.] A San Diego DUI defense lawyer may ask the expert what the actual Widmark equation is. The answer is often that the expert does not know. A San Diego California DUI defense attorney will then emphasize in closing that the state’s expert made calculations without knowing the actual formula.

There are a number of San Diego DUI Prosecution experts who have not read Widmark’s work. When a San Diego California DUI attorney asks such an “expert” if he or she has read Widmark’s work, they often reply that they have not read it because the work is in German. But San Diego California DUI lawyers often point out there is an excellent English translation of the work by Randy C. Baselt, Ph.D. California DUI attorneys may ask an ultimate question: “Have you even read the book?” This maximizes the impact of their failure to read the definitive work. If the expert does not know the actual formula, and has not even read the book, the strength of the expert’s opinions and calculations will be diminished.

There are two key variables in the Widmark formula: the ß factor and the r factor. An important thing for lawyers to know about variables is that the numbers are not constant for all people. [See Assumptions ] But the shorthand formulas that the California DUI prosecution’s experts typically use assume constant variables for all people. [See Retrograde Extrapolation] These formulas assume that the California DUI attorney’s client has an average r factor, and an average ß factor [See DUI Law History] The San Diego California DUI prosecution criminalist ends up making an educated guess about the California DUI attorney’s client’s drinking. This would not be so wrong if the San Diego California DUI prosecution’s expert admitted to the California DUI attorney that his or her calculations were based on assumptions. But this is rarely done, and when it is done it is given only a passing reference. It is up to the California DUI defense attorney to explain to the jury the whole truth behind these tainted San Diego California DUI Prosection expert’s calculations.

In a San Diego California DUI breath test case, if the state’s expert states that the California DUI attorney’s client is not telling the truth based on Widmark calculations, the defense should consider arguing that the prosecution has opened the proverbial door to tell the jury the truth about breath machines and partition ratios. The California DUI attorney’s client has a constitutional right to cross-examine witnesses. The witness is calling the California DUI attorney’s client a liar, but it may be that it is really the machine that is lying. [See Scientific Variations, Blood Alcohol Content, Dr. Hlastalas Breath Test Case Analysis, Pointer v. Texas, 380 U.S. 400, 404 (1965) ]

A San Diego California DUI defense attorney should be able to show the right to tell the jury the truth that the San Diego DUI attorney’s client was not lying when he told the officer what he or she had to drink on the night in question? [See Unfair]
A San Diego California DUI defense lawyer should argue that to protect the California DUI attorney’s client from false claims made by the prosecution’s expert about the San Diego DUI attorney’s client’s veracity, the San Diego DUI attorney’s client has a federal constitutional right to tell the jury the truth about breath machines, partition ratios and Widmark calculations.

In a San Diego DUI breath case, if the prosecution’s expert claims that based upon the expert’s calculations the San Diego DUI attorney’s client must by lying, the door to partition ratios has been thrust open in San Diego DUI cases.

Saturday, November 14, 2009

Superb-rated

San Diego DUI Criminal Defense Attorney Help Today!

Superb-rated

San Diego DUI Criminal Defense Attorney Rick Mueller specializes in San Diego drunk driving cases.

San Diego DUI Criminal Defense Lawyer 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, on August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. At a 9th seminar, San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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".



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, 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 "EVALUATION FORM"

at this online DUI consultation site



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 Drunk Driving Criminal Defense Lawyer Twits

Thursday, November 12, 2009

DUI Help today

A

Superb-rated

San Diego DUI criminal defense attorney will provide the most thorough investigation



On August 1, 2009, Rick lectured at the

Annual DUI Seminar

in connection with the American Bar Association at Loyola Law School in Los Angeles. San Diego California Criminal Defense Attorney Rick Mueller spoke at the prestigious California Attorneys For Criminal Justice

A Day in the Desert with the DUI Experts - Annual DUI seminar

. 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 law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

.


You can read more -Why use San Diego County's Specialist in DUI and DMV Law now

.


Try a Free California DUI Evaluation

at this online DUI consultation site

.



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





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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Wednesday, November 11, 2009

San Diego DUI criminal defense attorneys use Title 17 Violations as Defenses To Win a Case

San Diego DUI criminal defense attorneys use Title 17 Violations as Defenses To Help a Person Win a San Diego California DUI / DMV Case

Title 17 of the California Code of Regulations mandates the manner of blood, breath, and urine tests: how they are handled, administered, collected, retained, analyzed, stored, etc.

These Title 17 violations, if shown by a San Diego DUI criminal defense lawyer, result in DMV setting aside a suspension action a prosecutor, judge &/or jury essentially dismissing or dropping San Diego DUI charges, or in reduction of San Diego Drunk Driving charges.

This California DUI law establishes the ground rules cops and medical personnel must follow if they want your BAC number to be properly considered as valid evidence.

Here's a few requirements San Diego drunk driving criminal defense attorneys rely on:

* not have a slight burp or belch, eat, drink, smoke, vomit, or regurgitate for the 15 minutes just prior to taking a breath test (so that your breath test results are not skewed or falsely elevated),

* blood is properly drawn, handled and retained by someone qualified to do so, and

* testing equipment is properly maintained and calibrated in accordance with regulations.

When San Diego county DUI police do not strictly comply by these and the many other Title 17 rules and regulations, one has a chance that his or her San Diego California DUI criminal defense lawyer will succeed in attacking the DUI / DMV test results.

You may not know it at the time that San Diego area police didn’t follow the proper procedure, but it’s something that your San Diego DUI criminal defense attorney may be able to bring out.

Tuesday, November 10, 2009

San Diego DUI / DMV hearings are presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge, an employee of the DMV

San Diego DUI / DMV hearings are 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. 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."
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.


San Diego DUI lawyers' defenses at an APS hearing are specialized and technical, more so than in criminal court. 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.

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.

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

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San Diego DUI

Monday, November 9, 2009

Stop N Snatch Cops take your license upon arrest for a San Diego DUI. How does a San Diego DUI criminal defense lawyer help you get it back?

Stop N Snatch Cops take your license upon arrest for a San Diego DUI. How does a San Diego DUI criminal defense lawyer help you get it back?

10. To preserve your driving privileges, your San Diego DUI attorney has only ten (10) calendar days serve DMV a request for a hearing. Here's why you 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 San Diego DUI 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!






Here's more information or to contact a San Diego DUI Lawyer:

San Diego DUI


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Sunday, November 8, 2009

San Diego California DUI criminal defense attorney Rick Mueller has a Free San Diego County Drunk Driving Defense Consultation online

A premier San Diego DUI attorney will be one with over 25 years of experience and expertise in San Diego California drunk driving cases. Superb San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.



San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit this helpful twit.

On August 1, 2009, Rick lectured at the Annual DUI Seminar in connection with the American Bar Association at Loyola Law School in Los Angeles.

If you need to save your driver's license or privileges, your drunk driving lawyer has only ten (10) calendar days to contact DMV!





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!

Video of San Diego DUI / DMV Attorney





Click to contact San Diego DUI Attorney of your choice:

San Diego DUI Attorney


California DUI Attorney

Saturday, November 7, 2009

If you are on probation for a San Diego DUI conviction & have maybe half a beer or half a glass of wine, you must be very aware of this new law

If you are on probation for a San Diego DUI conviction & have maybe half a beer or half a glass of wine, you must be very aware of this new zero tolerance law. If you are on probation for a DUI or Drunk Driving in San Diego California, call your San Diego California DUI criminal defense attorney.

San Diego drivers on probation for a DUI conviction of Vehicle Code §§23152 or 23153 face zero tolerance if they drive in California with a blood or breath alcohol concentration of .01% or higher.

New Vehicle Code §23154 states:

23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.

[At the present time, there is no additional punishment defined in the statute so presumably only a probation violation on a California DUI will exist - other sanctions could also be introduced in the next session so keep updated of any changes or news.]

A refusal of the PAS by a person under 21 or in alleged violation of 23154 can also be punished administratively - under 21 by our current §13388 or in 2009 by the new Vehicle Code §13389 which states:
13389. (a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the
person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612. (b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows: (1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person's driving privilege. (2) (A) The officer
shall take possession of any driver's license issued by this state that is held by the person. When the officer takes possession of a valid driver's license, the officer shall issue, on behalf of the department, a temporary driver's license. (B) The temporary driver's license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first. (3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver's license taken into possession under paragraph (2), with the report required by Section 13380, to the department. (B) For the purposes of subparagraph (A), "immediately" means on or before the end of the fifth ordinary business day after the notice of order of suspension was served. (c) For the purposes of this section, a preliminary alcohol
screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.

The section doesn't discuss prior wet recklesses - §23103 per 23103.5 convictions, only §§23152 (California DUI) or 23153 (California Drunk Driving with injury).

Vehicle Code §13353.1 is amended by AB 1165 to assist the DMV in taking one's license for violations of the above new codes:
13353.1. (a) If a person refuses an officer's request to submit to, or fails to complete, a preliminary alcohol screening test pursuant to Section 13388 or 13389, upon the receipt of the officer's sworn statement, submitted pursuant to Section 13380, that the officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23136 or 23154, and that the person had refused to submit to, or did not complete,
the test after being requested by the officer, the department shall do one of the following: (1) Suspend the person's privilege to operate a motor vehicle for a period of one year. (2) Revoke the person's privilege to operate a motor vehicle for a period of two years if the refusal occurred within 10 years of either of the following: (A) A separate violation of subdivision (a) of Section 23136, that resulted in a finding of a violation, or a separate violation, that resulted in a conviction, of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code. (B) A suspension or revocation of the person's privilege to operate a motor vehicle if that action was taken pursuant to this section or Section 13353 or 13353.2 for an offense that occurred on a separate occasion. ...
The Vehicle Code further will authorize a police officer to tow one's vehicle for violation of §§23154 or 13389 as well as "double the fine zone" in some cases.

San Diego California DUI convicted persons should continue to respect the required probation term of zero tolerance. If you need DUI & DMV Defense help, visit this San Diego DUI lawyer site.

Friday, November 6, 2009

San Diego checkpoint locations are never announced in advance because the police know courts will not throw a DUI case because of lack of publicity

Oceanside Police Department will surprise drivers again tonight with a San Diego California DUI checkpoint. It goes Friday night through Saturday morning, between 9 p.m. and 3 a.m. as part of a drunk driving awareness campaign, San Diego DUI criminal defense attorneys learned today.

These San Diego checkpoint locations are never announced in advance because the police know courts will not throw a DUI case out based on failure to provide advance publicity alone.

There must be other California Supreme Court guidelines also violated in order for a judge to have the necessary courage to suppress evidence collected in an unlawful San Diego DUI checkpoint.

If the police do not follow these constitutional requirements outlined in Ingersoll, the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing">these constitutional requirements outlined in Ingersoll, the checkpoint is not lawful. That means any evidence gathered during a California DUI arrest may not be admissible in California Superior Court nor relied upon to suspend at a California DMV hearing

Monday, November 2, 2009

If you smell like alcohol, your chances of being arrested for a San Diego California Drunk Driving / DUI when you are pulled over are very high

If you smell like alcohol, your chances of being arrested for a San Diego California Drunk Driving / DUI when you are pulled over are very high.

An arrest for a San Diego California Drunk Driving / DUI, however, does not automatically result in a San Diego California Drunk Driving / DUI conviction or loss of your driver's license in California.

If arrested for a San Diego California Drunk Driving / DUI, it is important that you hire an experienced San Diego California Drunk Driving / DUI defense lawyer.

What might the San Diego California DUI Police be looking for when you drive?

Improper or unsafe lane movements, lane straddling, wide turning radius, weaving, swerving, drifting, almost striking object or vehicle, driving on other than designated highway, speeding or below the limit, stopping without cause in traffic lane, following too closely, braking erratically, signaling inconsistent with driving actions, slow response to traffic signals, accelerating or decelerating rapidly, headlights not being used, taillight or license plate light burned out, etc.

After you are pulled over, what is the San Diego California DUI police looking for?

Odor of alcohol on breath
Flushed face
Red, watery, glassy and/or bloodshot eyes
Slurred speech
Unsteady gait
Fumbling with wallet trying to get license
Failure to comprehend the San Diego California Drunk Driving officer's questions
Combative, argumentative, jovial or other "inappropriate" attitude
Staggering when exiting vehicle
Swaying/instability on feet
Leaning on car for support
Combative, argumentative, jovial or other "inappropriate" attitude
Soiled, rumpled, disorderly clothing
Stumbling while walking
Disorientation as to time and place
Inability to follow directions
Other alcohol-related behavior

San Diego California DUI Police Contact

If stopped, you only have to provide License, Registration and Insurance (assuming you are over 21). You are not required to answer potentially incriminating questions. Politely refuse to answer any questions regarding the investigation without a San Diego California Drunk Driving / DUI attorney present.

Let the San Diego California Drunk Driving officer know that you are aware San Diego DUI Field Sobriety Tests( FSTs) are completely voluntary and optional. Please do not agree to perform any of these subjective & unreliable tests. If you perform them, you may be arrested for a San Diego California DUI anyway. These are not objective tests and the San Diego California DWI officer will use the results against you in San Diego California Drunk Driving / DUI court. Politely refuse to do the San Diego California Drunk Driving / DUI field sobriety tests, acrobatics or gymnastics.

Although San Diego California Drunk Driving / DUI officers generally use a wide range of FSTs, there are only three federally-approved (National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of 3 tests:

Heel-to-Toe (also referred to as "walk-and-turn")
One-Leg Stand
Horizontal Gaze Nystagmus

The HGN test is a relatively recent yet increasingly common development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical term for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This test is not accepted by the medical community however, it continues to be widely used by law enforcement.

Roadside / Pre-Arrest / Preliminary Alcohol Screening - If you are older than 21, and you are not on DUI probation, refuse to take a roadside, preliminary alcohol screening test. This is a hand-held, portable on scene breath test gadget. This San Diego California Drunk Driving / DUI test is completely voluntary and you have the absolute right to refuse this type of breath test. Ask to go to the station for the real breath test.

Under the implied consent law, you have a legal obligation to take a chemical test this is a breath or blood test and you have a choice. If you choose breath, many jurisdictions permit you to have a second test of blood; this is because a breath sample is not saved and so cannot later be re-analyzed by your San Diego California Drunk Driving / DUI defense lawyer.

A San Diego California Drunk Driving / DUI blood sample will be taken if requested after a San Diego California Drunk Driving / DUI breath test is given.

Analysis of a San Diego California Drunk Driving / DUI blood sample is potentially the most accurate. San Diego California Drunk Driving / DUI breath test machines are susceptible to a number of problems rendering them often unreliable.

If you are confident that you are sober, a blood sample may be the wise choice; Breath being the least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration may be above the legal limit.

Do not refuse the San Diego California Drunk Driving / DUI chemical test. The consequences of refusing to submit to a blood or breath test are severe: They include license suspension, jail time, and the fact of refusal may be introduced into evidence as "consciousness of guilt".

Always be on your best behavior. Be polite and respectful to the San Diego California DUI police officers this will go along way in your San Diego California Drunk Driving defense and your release from custody.

One way to avoid a San Diego California Drunk Driving / DUI is to not drink and drive.

If you are dealing with a San Diego California Drunk Driving / DUI arrest, the San Diego California DMV must be contacted within 10 days to stop the suspension of your license from going into effect. Your San Diego California DUI criminal defense attorney must request a hearing.

Sunday, November 1, 2009

An aggressive San Diego DUI criminal defense attorney gives you a tough investigation and professional strategy in your drunk driving case

An aggressive San Diego DUI criminal defense attorney gives you a tough investigation and professional strategy in your drunk driving case. A San Diego DUI criminal defense lawyer will keep you posted of any developments. To vigorously defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.


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 .