No San Diego city or California state law presently exists disallowing a city worker’s pension even if that individual has committed a felony while on the job. So our former San Diego Police Department DUI officer convicted of a dozen charges in the “No DUI for Sex” trial after trying to seek sexual favors from women he stopped, can get almost $40,000-a-year pension from the city when he turns 55. Not a bad gig if a San Diego police officer – turned felon can get it.
One citizen initiative may change San Diego’s pension system, one of which calls for the elimination of pension benefits “for city officers and employees convicted of a felony related to their employment, duties or obligations as a city officer or employee.” If it is approved by voters in June 2012, it could not retroactively take away a pension from convicted felons such as San Diego Police Department DUI Officer A. Arevalos.
Arevalos was convicted last week of 8 felonies and 4 misdemeanors for sexually assaulting several women he had pulled over for drunken driving, and faces a maximum sentence of 10 years and four months in prison. Arevalos was fired after his arrest. During the trial, attorney prosecutors presented testimony from seven women who said he stopped them in the Gaslamp area of downtown San Diego and made inappropriate comments or touched them in an intimate way.
One woman testified Arevalos stopped her on March 8 as she was leaving a Mardi Gras celebration for allegedly not using a signal before turning. She took a DUI breath test with a .09% BAC. Arevalos asked her to move her car to a nearby 7-11, where he asked what she would be willing to do to make the DUI go away. He suggested she give him her panties. She testified he followed her into a bathroom, where he allegedly asked to see her breasts and touched her body before allowing her to put her pants on.
DMV after DUI in San Diego:
Lawyers handling San Diego DMV hearings to suspend after a DUI action point out weird San Diego DMV rules, different San Diego DMV laws and unfair San Diego DMV procedures exist.
In San Diego, such a DMV hearing is presided over by a hearing officer, an employee of the DMV not trained in law who acts as both prosecutor and judge even though he or she is not a judge or lawyer. As unfair as it is, she or he objects to the driver’s evidence, rules on her or his own objection, and admit or not admit helpful evidence.
Evidence is in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer’s sworn statement entitled a “DS 367.”
Since there’s no Fifth Amendment right at the hearing, San Diego DUI lawyers do 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.
A San Diego DUI attorneys’ defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems are fertile areas for setting aside the suspension.
Due to bizarre 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. Since these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.
Your San Diego DUI / DMV lawyer 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.