June 2, 2010

Press Release by San Diego DUI Attorney Rick Mueller .

San Diego DUI Criminal Defense Lawyer Rick Mueller recently successfully avoided both DUI and Driving with .08% BAC (or more) convictions under California Vehicle Code Section 23152 (a) and (b), as part of the following partial list of San Diego DUI & Drunk Driving victories in San Diego county DUI / drunk driving cases:

* Good Samaritan woman called to pick up intoxicated military friend. She agrees to drive drunk friend home. Unable to get through San Diego military gate as Military Police smell alcohol coming out of the vehicle. She admits drinking earlier. MP conducts Standardized Field Sobriety Tests which she allegedly failed. Blows .181% on Preliminary Alcohol Screening (PAS) Test. Later blows .15% twice on Intoximeter machine. Arrested for DUI. Only $1,000 fine and some AA meetings. Also avoided any license suspension or restriction.
* Medical Marijuana cardholder drinking pitchers of beer and smoking marijuana one evening caught speeding fifteen mph over the speed limit on Poway Road in San Diego County. He admitted being at a known bar establishment, regularly using marijuana for a condition and smoking MJ a little earlier. Deputy saw his bloodshot/watery eyes and said he failed the acrobatics & gymnastics. Cop used his finger placed on top of a pen for him to follow with his eyes. The onset of gaze nystagmus was noted prior to 45 degrees pupil movement. He also could not smoothly follow the horizontal movement of his finger from side to side. He estimated 20 seconds as 30 seconds on the Romberg test. He placed his foot on the ground on ten of the two sets of thirty counts on the One Leg Stand Test, raising his arms as if walking a tightrope in an attempt to maintain his balance. He was unable to touch the tip of his nose on the Finger to Nose test, instead touching the side of his nose each time. On the Heel to Toe test, he lost his balance stepping off to the sides instead of walking in a straight line. When informed he was arrested for driving under the influence for alcohol and/or drugs, he tested positive for alcohol on the hand-held breath test and was also told to provide a blood sample which revealed a combination of alcohol and a high level of marijuana. License reinstated.
* Driving with a Prior DUI, and on a suspended license, young man stopped for driving recklessly. Admits drinking. Exhibits numerous clues on the Walk and Turn test, One Leg Stand test, and HGN test. Blows .17% and .16% on Intoximeter breath test machine. Arrested for all charges including DUI. Convicted of only reckless driving. Ordered to only pay small fine. License reinstated.
* Underage drinker stopped for no front license plate by local San Diego County Sheriff’s Deputy, displays red, watery and bloodshot eyes, fails pen test, admits drinking, changes the amount ingested, fails all field sobriety tests, blows twice over the legal limit and provides blood sample also over the legal limit. Arrested for DUI. License also restricted.
* Asian man fails to stop at red light, a violation of the California Vehicle Code. Before San Diego CHP arrests him for DUI, CHP notices bloodshot & watery eyes, odor of alcoholic beverage, unsteady gait, slurred speech and unsatisfactory field sobriety test performance. Blood test result over .08%. Issue regarding proper blood draw as officer provided no testimony that blood was mixed with required anticoagulant and sodium fluoride preservative.
* Inoperable right headlight leads to stop and DUI arrest by San Diego Police Department. DUI symptoms noted. DUI field tests not satisfactorily performed. Admits drinking alcohol. Both PAS tests over .08%. .10% both times on Intoxilyzer breath machine. All charges dropped.
* Driving on a suspended license and without insurance, out-of-county saleswoman stopped for failure to maintain lane in San Diego county. Blows .19% & .21%. Fails tests. Arrested for DUI, etc. Convicted of reckless driving, everything else dropped. Small fine, only twenty AA meetings and no license penalty.

If you need help, visit this San Diego DUI criminal defense attorney site.

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