Get San Diego DUI Criminal Defense Attorney with excellent credentials & superb reputation in helping others

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.
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 driving privileges in California.

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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.

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.

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

Helpful 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.
San Diego DUI assistance for San Diego DUI court and San Diego DMV. 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.

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

.

Simply complete

Free Survey

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.

San Diego Police Department will wear video cameras on their head!

This is the news that San Diego DUI criminal defense attorneys hope becomes permanent and used in drunk driving investigations.
San Diego police officers will be participating in a pilot program to test head-mounted video cameras that will record their interactions with the public.
Police are expected to offer more details during a demonstration of the technology to be used by 9 cops hopefully San Diego DUI officers as well!

The camera is about the size of a Bluetooth earpeice with a headband, and the recording device is the size of a large cell phone, authorities said. The technology is made by Phoenix-based Taser International.

San Diego UNION-TRIBUNE

look for DUI attorneys who are Superb and top lawyers who can help someone arrested for drunk driving in San Diego - here's what to do within 10 days

San Diegans look to superstars like LaDanian Tomlinson. They also look for DUI attorneys who are Superb and top lawyers who can help someone arrested for drunk driving in San Diego - here's what to do within 10 days of being arrested of a San Diego DUI.

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:

San Diego DUI

Video of San Diego DUI / DMV Attorney

DUI Defense Attorney in San Diego are very much concerned about the critical San Diego DMV / DUI Hearing

DUI Defense Attorney in San Diego are very much concerned about the critical San Diego DMV / DUI Hearing. Here's why:

San Diego DMV hearing re: suspension is a mini-DUI trial without a jury, but with varying San Diego DMV rules, unique San Diego DMV laws and fundamental San Diego DMV procedures. A San Diego Hearing Officer collects and 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 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 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.







Looking for a Lawyer? 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.



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

San Diego DUI

Free yourself through a quality San Diego DUI criminal defense attorney's efforts!!

Please click on below blog for current information by a Premier San Diego DUI Criminal Defense Attorney:

San Diego Drunk Driving Criminal Defense Attorney Blog

COMPLETE FREE SAN DIEGO DUI DEFENSE LAWYER "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 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).


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

San Diego DUI Specialist Rick Mueller is a Top-ratedDUI Atty

San Diego DUI criminal defense attorney Rick Mueller was selected by Attorney of the Year Felipe "Mad Dog" Plascencia to lecture at the 2009 Mexican American Bar Association's Annual DUI Seminar "Attacking & Defending DUI Cases" held at Loyola Law School in Los Angeles. At the request of California DUI Lawyers Association President Vincent Tucci, Rick lectured at the California Attorneys for Criminal Justice Rules of the Road 2008 DUI 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. 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 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.

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 driving privileges in California.

Video of San Diego DUI / DMV Attorney

Trouble-free San Diego California DUI attorney help for San Diego California DUI court & court

San Diego DUI Lawyer information provided by a Superb-rated San Diego California
Begin with the important Free San Diego County Drunk Driving Defense Survey

at this online DUI consultation site

to find out your best approach. Trouble-free San Diego California DUI help for San Diego California DUI court and San Diego California DMV.
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 devotes all of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.

Rick is a frequent lecturer on the law. 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

.

No-nonsense San Diego DUI Lawyer information provided by San Diego County DUI Law Center's Drunk Driving Attorney for those accused of a San Diego DUI

No-nonsense 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.
Reasonable San Diego DUI help for San Diego DUI court and San Diego DMV. San Diego DUI Attorney Rick Mueller is a Superb-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 arrested for dui.
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 also spoke at the prestigious California Attorneys For Criminal Justice

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

.

Start with

Free Survey

for your best San Diego DUI defense attorney tactic.

When a friend or loved one faces a San Diego drunk driving charge, DMV / DUI Hearing issues arise

When a friend or loved one faces a San Diego drunk driving charge, DMV / DUI Hearing issues arise. Many questions are answered by a competent defense attorney.

A San Diego DUI / DMV hearing for a possible license suspension is sort of a mini-DUI trial. San Diego DMV hearings are heard by a Driver Safety Officer (DMV hearing officer) not a real judge, as both prosecutor and judge. She or he can legally object to your evidence, unfairly 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 Driver Safety Officers offer 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.

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.



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 made.

San Diego DMV Lawyer Rick Mueller 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

.

Video of San Diego DUI / DMV Attorney

San Diego DUI Criminal Defense Attorney endorsements

San Diego DUI Criminal Defense Attorney enjoys recent endorsements from other fine drunk driving defense lawyers, including legends such as Felipe Plascencia (below/photo).

San Diego California DUI Criminal Defense Lawyer Peer Endorsements

Gene Edward Dorney
Endorsement from lawyer: Gene Dorney , Newport Beach (CA), 19 days ago
Relationship: Fellow lawyer in community

Endorsement: I endorse this lawyer's work. I've known Mr. Mueller professionally for over 20 years. I can think of few lawyers who match him for legal knowledge, hard work, courtroom savvy and pure hard- hitting tenacity. I would highly recommend him to any client of mine, relative, or friend with a DUI in the San Diego area.

Donald Gray Drewry
Endorsement from lawyer: Donald Drewry , San Leandro (CA), 4 months ago
Relationship: Fellow lawyer in community

Endorsement: I endorse this lawyer because of his extraordinary trial skills. Mr. Mueller is known throughout the State of California for his dedication to defending people accused of Driving Under the Influence (DUI) and having great success in proving they were innocent. His knowledge of law, science, and the errors of breath machines, blood testing machines, errors of the officer's ability to properly administer field sobriety test has saved many of his client's driving privilege and prevent criminal convictions that are unwarranted. This is lawyer that you need if you have been arrested for DUI if you have been arrested and charged with a DUI in San Diego, CA.

Michael Jon Fremont
Endorsement from lawyer: Michael Fremont , San Diego (CA), 4 months ago
Relationship: Fellow lawyer in community

Endorsement: I endorse this lawyer's work. I have been a college Rick's for many years. His experience and knowledge in this area is one of the best. His DMV work is outstanding

Wayne Rodgers Foote Esq.
Endorsement from lawyer: Wayne Foote , Bangor (ME), 5 months ago
Relationship: Fellow lawyer in community

Endorsement: Rick Mueller is a highly respected DUI defender. Other DUI lawyers seek him out for advice and training. He is skillful and dedicated to defending people charged with drunk driving offenses.

Justin James McShane
Endorsement from lawyer: Justin McShane , Harrisburg (PA), 6 months ago
Relationship: Fellow lawyer in community

Endorsement: When in California, there is but one book to consult on the law of defending the citizen accused of an alcohol or controlled substance related driving offense, it is called "The California Drunk Driving Law Book". Attorney Mueller was a contributor to this truly amazing body of work and now serves as an Editorial Consultant of this authoritative treatise which has been relied upon for years by most if not all good attorneys in that state. Attorney Mueller's hard-earned reputation, his wide and deep knowledge and his great experience is nationally known and recognized as this author who is an attorney practicing in Central Pennsylvania not only knows of him and his work product, but can attest to the great level of achievement that comprises his body of work. I commend him and thank him for his work.

Virginia Louise Landry
Endorsement from lawyer: Virginia Landry , Irvine (CA), 6 months ago
Relationship: Fellow lawyer in community

Endorsement: Attorney Mueller is a wonderful attorney who is always willing to help another lawyer to grasp an intricate legal concept or to offer guidance on putting together a better theory on a case. He regularly lectures (always worth the price of admission), and shares stories, strategies and work product. Rick Mueller is highly intelligent and a skilled litigator, whether he is negotiating a case for a client or answering ready for trial! If you are in trouble and his client, he will keep up updated on your case, provide you with lots of motions and written materials, return your telephone calls, take good care of you and do everything possible to win your case!

Mary Frances Prevost
Endorsement from lawyer: Mary Prevost , San Diego (CA), 9 months ago
Relationship: Fellow lawyer in community

Endorsement: Rick Mueller is one of the state's finest DUI/DMV attorneys. He teaches other lawyers the art of DUI defense at seminars throughout the state of California. As an attorney, I can assure you that if I were in trouble, Rick Mueller would be my choice.

Endorsement from lawyer: Glenn Cole Casey , San Diego (CA), 9 months ago
Relationship: Fellow lawyer in community

Endorsement: One of the finest DUI attorneys in the San Diego area. Rick works hard for his clients and he knows his stuff. He is a true specialist in this field.

Endorsement from lawyer: Felipe Plascencia , La Habra (CA), About 1 year ago
Relationship: Fellow lawyer in community

Endorsement: Rick is one of the finest lawyers I have met. He is often invited to speak at seminars because of his wealth of knowledge. If you get a DUI, this is the man you want in your corner.

Endorsement from lawyer: Vincent Tucci , Irvine (CA), About 1 year ago
Relationship: Fellow lawyer in community

Endorsement: I have known Rick Mueller since I started my practice eleven years ago and frequently seek his advice on DUI related issues. The passion, experience and dediction he exhibits in defending his clients is inspiring. I highly endorse and strongly suggest that if you or you're loved one is facing a DUI charge in San Diego you hire Rick to serve as your legal representative. Sincerely yours, Vincent John Tucci President of the CA DUI Lawyer's Association and Co-Chair for the DUI Committee for the California Attorneys for Criminal Justice

A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to reduce charges

Facing a DUI or drunk driving charge in San Diego area? 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!

Video of San Diego DUI / DMV Attorney

Focus on finding the best San Diego DUI attorney available to defend your San Diego drunk driving case.



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. Goal: to protect your legal rights and reduce penalties to the minimum. The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure the San Diego county police officer following proper San Diego procedure. 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.


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

. To find the best San Diego DUI criminal defense lawyer, visit

the most informative DUI website

.


You can read more about a San Diego County's Specialist in DUI and DMV Law now

.


Utilize the Free California DUI Evaluation

at this online DUI consultation site

.

San Diego DUI Specialist Rick Mueller is a Top-ratedDUI Lawyer

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. 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 DUI & DMV Defense Survey is available now

at this online DUI consultation site

to find out your best tactic.

Video of San Diego DUI / DMV Attorney

Jury Instruction when breath test in San Diego fails to satisfy DUI requirements

Form 9-8: Jury Instruction—Violation of Title 17

SUPERIOR COURT OF THE
COUNTY OF _________, STATE OF CALIFORNIA





The People of the
State of California,

Plaintiff

vs.

[Defendant],

Defendant

Case No. ______



DEFENDANT’S REQUESTED
JURY INSTRUCTION NUMBER ______.







VIOLATION OF TITLE 17, CALIFORNIA CODE OF REGULATIONS

Evidence has been introduced in this case of the results obtained in an analysis for alcohol content of a sample of the defendant’s [blood][breath] [urine]. In determining the weight to be given to such evidence, you are hereby instructed that you may consider whether or not the test was performed in accordance with the following applicable regulations adopted by the California Department of Health Services:

Insert here the particular provisions of Title 17, Cal. C. of Regs., which were violated. Most of the time you’ll be referring to Title 17, Cal. C. of Regs., §§1219.1, 1219.2 and 1219.3, which cover the proper procedures for collection and retention of blood, urine and breath samples. But look over the rest of Title 17 for other possible violations. One common violation is the failure to keep proper records at the laboratory, as required by Title 17, Cal. C. of Regs., §§1222 et seq.

[1. A breath sample shall be expired breath which is essentially alveolar in composition. The quantity of the breath sample shall be established by direct volumetric measurement. The breath sample shall be collected only after the subject has been under continuous observation for at least fifteen minutes prior to collection of the breath sample, during which time the subject must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked.]

[2. (a) ‑Each laboratory which is licensed to perform forensic alcohol analysis shall keep the following records for a period of at least three years:

(1) An up-to-date record of persons in its employ who are qualified as forensic alcohol supervisors and forensic alcohol analysts; the record shall include the qualifications of each such person, including education, experience, training and performance in proficiency tests and examinations;

(2) A list of persons in its employ who are forensic alcohol analyst trainees, the date on which each such person began his training period and the number and results of analyses performed during the training period.]

[3....

The failure, if any, to follow these regulations may be considered by you in determining the accuracy of alcohol analysis made in this case.

Authority: People v. Adams (1976) 59 CA3d 559, 567, 131 CR 190; In re Conservatorship of Gregory (2000) 80 CA4th 514, 95 CR2d 336—Appropriate to instruct the jury on an administrative regulation; CALJIC’s 12.61 and 12.61.1[; Title 17, Cal. C. of Regs., §1219.3 and Title 17, Cal. C. of Regs., §1222.1(a)].

Given: ____________ _________ _______

Given as Modified: ____________ _______

Denied: ____________ _________ ______