Friday, July 3, 2009

Learn how to avoid a DUI in San Diego California this 4th of July weekend

Learn how to avoid a DUI in San Diego California this 4th of July weekend.

Check out the important Free San Diego DUI Defense Survey to find out your best tactic and to protect your driving privileges & license.

San Diego DUI Specialist Rick Mueller is a superb, Avvo-rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 25 years of experience. San Diego's "DMV Guru," criminal defense lawyer Rick Mueller dedicates every bit 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 persons in San Diego California.

San Diego DUI Criminal Defense Attorney Rick Mueller lectured at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California, just last year.

On August 1st, at the annual DUI seminar at Loyola Law School, Rick will speak again in California.

Thursday, July 2, 2009

San Diego DUI Criminal Defense Lawyer information provided by a top-rated, "Avvo" San Diego California Criminal Defense Attorney for DUI assistance

San Diego DUI Criminal Defense Lawyer information provided by a top-rated, "Avvo" San Diego California Criminal Defense Attorney for those accused of a San Diego California DUI.



Superb San Diego 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.



Well-recognized San Diego DUI Criminal Defense 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. On August 1, Rick speaks at MABA annual DUI seminar in LA. 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.



Simply 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 arrestees.

See a DUI Criminal Defense Lawyer in San Diego:

San Diego DUI Lawyer


San Diego DUI


Video of San Diego DUI / DMV Attorney

Tuesday, June 30, 2009

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 request a hearing

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.
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.



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.


Click on below re: more information from this San Diego DUI Lawyer list:

San Diego DUI Lawyer


Video of San Diego DUI / DMV Attorney

Monday, June 29, 2009

San Diego DUI police officer stops a regular guy for practically doing nothing. Now that poor person gets arrested for drunk driving - DMV steps

A San Diego DUI police officer stops a regular guy for practically doing nothing. Now that poor person gets arrested for drunk driving, goes to San Diego County Jail and loses his license. What on earth should one do now?

10. If you need to save your driver's license or privileges, your San Diego DUI & DMV 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 Help


Video of San Diego DUI / DMV Attorney

Thursday, June 25, 2009

San Diego county DUI checkpoint in Oceanside Saturday night

A San Diego DUI checkpoint is scheduled for 9 p.m. Saturday to 3 a.m. Sunday at an undisclosed location, according to Oceanside police.

The San Diego California DUI checkpoint aims to reduce drunken driving on local streets, but must be run in conformity with important California Supreme Court guidelines or else any drunk driving arrest is unconstitutional; a good lawyer will ensure protection.

The public is encouraged to call 911 to report impaired drivers according to the DUI police but that doesn't mean the police have an unchecked right to arrest every drunk driving suspect based on any tip. Merely smelling alcohol on someone leaving a San Diego bar does not equate with a person driving erratically as it is lawful to drink and drive. San Diego DUI arrestees with questions should contact a skilled criminal defense attorney.