San Diego DUI Attorney 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 victories in San Diego county DUI / drunk driving cases:
- In a hurry to get home, well-respected pillar of community caught in San Diego county speed trap going 58 in a 35 mph zone. California Vehicle Code section 23582 [Excessive Speed] carries a mandatory 60 Consecutive Days in Jail if speeding over the speed limit by 30 mph on the freeway or 20 mph essentially off the freeway. This critical California DUI sentencing enhancement was avoided by lawyer and DUI charges dropped. (Sober / unimpaired drivers speed.) Bloodshot/watery eyes + odor of alcohol subjectively observed by San Diego county DUI officer who also subjectively claimed driver failed field sobriety tests including nystagmus, rhomberg balance, finger to nose, walk & turn, plus hand-held breath (PAS) results reading .120% & .116% and two .10% results for the post-absorptive implied consent breath tests later at Jail. Brokerage institution relationships remain intact.
- Faulty trailer lights (equipment violation only – no bad DUI driving) causes San Diego Police Department to stop visiting Tourist visiting San Diego. Tells SDPD DUI cop had only “1 drink.” Unsteady Gait and Slurred Speech lead to full-blown administration of battery of acrobatics (FST’s) not accounting for age, nutrition & fitness which were “not performed as demonstrated”: Gaze Nystagmus, One Leg Stand Test, Standing Alphabet Count Test, Walk & Turn Test. Tells drunk driving investigating officer that alcohol did not affect driving and did not feel effects from the drink(s), politely refused PAS test. After the required 15 minute continuous observation period at the police station, subject blows a .09% and .08% on Intoxilyzer 8000 before escorted to the not-so-friendly confines of the San Diego County Central Detention Facility. Employment as Director maintained.
- Professional engineer initially claims only prescription medication day before and cold medicine before driving after San Diego county DUI cop has to catch up to stop for speeding. Notices red & watery eyes. Fails field sobriety aerobics. Then admits drinking beer. PAS Tests: .119%, .118%. Later Chemical Test lower: .10%. Blood screened for drugs, including Ambien & Resterol. Security clearance preserved.
- While parking rental vehicle in San Diego, medical professional backs up from parking place, sideswipes another vehicle, leaves scene without exchanging information. Later identified and charged as Hit & Run driver per California Vehicle Code section 20002(a). Victim agrees to Civil Compromise per California Penal Code sections 1377-78 upon receiving full satisfaction, asking for complete dismissal. (Check important tips on how to avoid a DUI regardless if successfully leave accident scene without being tested by California DUI cop within recent time of driving.) No conviction for State Board to review.
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