Victories for San Diego DUI: Most recent cases

Out of state license holder unknowingly going 40 mph in a 25 mph zone (radar) in north San Diego county. Cop detects faint odor of alcoholic beverage.  Driver displays glassy watery eyes with a bit of a slurred speech.  Uh-oh.  Denies drinking.  Still uh-oh. Asked to get out of car.  Performs field tests even with discomfort in ankle. Arrested.  Could not provide breath sample.  Blood test not offered.  Charged with DUI Refusal.  Case dismissed.

 

On San Diego’s Barona Casino property, young sheet metal worker tried a U-turn onto shoulder but did not see old utility pole lying on shoulder.  Bam.  Disabled vehicle.  Busted for Driving Under the Influence by Tribal Enforcement.  Poor performance on roadside tests, then blows .123% and .133% on PAS.  At California Highway Patrol station, blows .137% and .119%   Attorney Rick Mueller’s Result:  no DUI conviction.  No DMV driver’s license suspension penalty.   Lots of reasons to use DUI Specialist.

 

African American in his thirties with Prior DUI and out-of-state license leaves Japanese restaurant, heads back to hotel.  Drives with multiple open containers, failed to signal, stopped many feet from limit line after erratic lane change. Odor of booze. Reddened Eyes.  Blows .19%/.19% after numerous clues on 3 FST’s.  DUI and driving with .08% dropped.  No license suspension by California DMV.  Reckless Driving = final charge.

 

Stopped for weaving after vehicle touched lines on a windy and rainy night, while driving a curvy road; bloodshot eyes unable to track or follow the officer’s HGN test because of “lazy eye,” older person has unsteady gait and bad balance from physical issues like back brace from weaning after broken back, knee surgery, arthritis in ankles.  El Cajon court: DUI and Driving with .08% or more BAC violations dropped even with 4 double-digit breath test results of .11% and .10% at time of arrest and subsequently .10% and .10% on the breath test machine at East County CHP office.

 

Local bank employee visits San Diego brewery, drinks killer IPA with Mexican food.   In a hurry to get home, passes all traffic, going over 100 mph on SR-52.   Stopped by California Highway Patrol DUI cop, says his car often gets stuck in 4th gear and unable to control speed. Said he had a beer. Cooperative but rambling.  Weak physical testing, then .113% and .110% PAS.  At station, .086% and .083%.  Avoided 60 days jail required by Vehicle Code Section 23582; DUI and driving with .08% charges also dismissed.  Outcome: Reckless driving.  It’s all about avoiding a DUI, San Diego attorneys know.

 

Self-employed Hispanic leaves Pacific Beach after drinking “3 Corona beers.”  Lucky to avoid San Diego DUI checkpoint.  Stopped on 5 freeway going 95 mph.  Thick speech, cooperative demeanor, red watery eyes which did not have a smooth pursuit, displaying nystagmus at the extremes and then at angle of onset prior to 45 degrees.  Dropped foot a few times on 1 leg stande.  Had trouble with the count.  Guessed 30 seconds as 15 seconds. Missed heel to toe.  Blew .117% and .115% on PAS test.  Blew .09/.09% at CHP office.  DUI and driving with .08% dropped. No sixty days jail per Excessive Speed enhancement statute.  Understanding of Articles is beginning of San Diego DUI success.

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