Monday, March 30, 2015

"Driving" must be proven in San Diego DUI cases, say attorneys, which is not hard if you're the only one in car rolling down the freeway even if you were asleep

If you are tired after drinking but still have to get home, please find another way, San Diego DUI attorneys warn.  If you can't get a friend or loved one to drive, try public or private transportation. Ever hear of Uber?
You do not want to fall asleep while driving.  That's an easy way of being arrested for a San Diego DUI.

"Driving" is still has to be proven in San Diego DUI cases, lawyers remind. The police must be able to present  competent evidence of actual volitional movement of vehicle in order to convict for a San Diego DUI.  This article shows some of the possibilities of being able to - vs. not being to prove - driving in a Drunk Driving case in San Diego.

If you have had too much, do not drive.  Last night's latest San Diego DUI arrest is a good example.

A twenty-five year old woman was found unconscious in the slow lane on northbound 805 near Clairemont Mesa Blvd just before 1:00 a.m. She must have passed out.  A California Highway Patrolman smashed her vehicles window, got inside and stopped the rolling vehicle.  The officer ran along side the vehicle with his flashlight.  He woke her by tapping on the window but the vehicle kept going.  She could not stop it.  He as able to stop it and get her out.  She had a liquor bottle in the vehicle and was arrested for San Diego DUI.  Bail was set at $2,500.00.




DUIWoman

Friday, March 27, 2015

Arrested for DUI? Proposed California Law requires installation of Ignition Interlock Device on Vehicle, San Diego DUI lawyer report

San Diego County has about fifteen thousand folks arrested for DUI every year.  If it is your first DUI offense, you may or may not have to get an Ignition Interlock Device installed on your vehicle if convicted of drunk driving, attorneys know.

That court-ordered DUI IID option could change to becoming mandatory and monitored by DMV, San Diego DUI lawyers are told.  Here comes California Senate Bill 61, now heading to the Appropriations Committee after passing the Public Safety Committee this week.

Word is that if you are arrested for a San Diego California DUI - even for the 1st time - you could be compelled to install an IID in your vehicle.  That means you would have to blow alcohol-free in a breathalyzer to start your vehicle.

Those in favor of Thirteenth District Senator Jerry Hill's proposed law say repeat offenders are 1 out of every 3 DUI convictions in California; however, 1st time offender information is not being fully provided by proponents.  The U.S. Center for Disease Control reportedly found the IID's cut drunk driving recidivism by sixty-seven%.

Tuesday, March 24, 2015

Zero DUI arrests in San Diego county after detaining nearly 600 vehicles in San Marcos California, lawyers discover

You don't have to be a Libertarian to understand that spending tens of thousands of dollars on policemen without any return is a waste of San Diego county taxpayer money!

San Marcos staged a San Diego California DUI Checkpoint at 100 West Mission on Friday March 20th, screened nearly 600 vehicles but arrested no one for DUI.

Why not send those same policemen around San Diego county looking for drivers who are actually DUI or drunk, attorneys ask?  Why pick an area where few DUI drivers drive, San Diego lawyers wonder?

It can't be all about coffee, donuts and messing with citizens' weekend free time!

The San Diego Sheriff's Department Press Release ironically stated, in announcing undisclosed DUI checkpoint locations:

"(A)ccording to the National Highway Traffic Safety Administration, DUI checkpoints have provided the most effective documented results of any DUI enforcement strategies, while yielding considerable cost savings of $6 for every $1 spent."

Are they trying to pull wool over the San Diego citizens' eyes? It sounds like it.  I mean how much in DUI fines will be collected as a result of a full friday night zero arrest blunder?  Justification should be demanded.

A San Diego County Sheriff’s Cruiser. 

Monday, March 16, 2015

St. Patrick's Day reminder: don't drink & drive, own a portable breathalyzer, avoid San Diego DUI cops, attorneys suggest

Respectable San Diego DUI attorneys try to warn folks not to drive after drinking, how to avoid a DUI, how to handle oneself if contacted by California drunk driving cops and where to find these checkpoints.

Owning a hand-held breath gadget is a good way to get an "idea" of what your BAC is.  Stay well below .08% is the name of the game, San Diego DUI lawyers suggest.

The San Diego Union Tribune reports that 1,000's of people walking past police officers set up in front of a wrecked car at nightspots have stopped to take voluntary breathalyzer tests in recent months.

The set-up is part of the San Diego Police Department’s monthly My B.A.C. outreach program, a first-of-its-kind effort to reduce DUI arrests by educating people about the consequences of driving while drunk.
Police say drunken driving-related accidents have resulted in 14 deaths in San Diego the past three years.
Officers tested the alcohol-blood levels of 800 passersby in the Gaslamp District on March 12, 266 people in North Park on Feb. 26, 377 in Pacific Beach on Jan. 15 and 566 in the Gaslamp on Dec. 16, Sgt. Ernesto Servin said.
As a person or group walk by, officers ask them if they would like to take a voluntary breathalyzer test, assuring them the testing is done without consequences. As the officer prepares a breathalyzer, the subject is often asked to guess his or her own blood-alcohol level. The person then inhales and breaths into the breathalyzer until it clicks.
photo
An officer reads the results of one of the voluntary breathalyzer tests given to volunteers out for the nightlife in North Park.
Before showing a person the results, the officer asks: “Do you think you’re OK to drive?”
“Many tell us, ‘Yes,’ and they are extremely surprised to know they are well over the legal limit,” said Nicole Roberts, a detective with the Traffic Investigations Unit, who was one of five police officers testing blood-alcohol levels on University Avenue at 30th Street in North Park on Feb. 26.
Servin said the police officers report the number of people tested – and the results – to the police chief’s office.
“I’m really surprised at the diversity of people that stop by—old, young—and the wide variety of ethnic backgrounds,” he said.
Roberts said most people are curious about their blood-alcohol level when they walk by, because they don’t typically know how alcohol is affecting them.
“It’s good for people to step back and associate an actual number with the number of drinks they’ve had, or to realize that the drink they thought was one beer was actually equivalent to two beers, or three beers, and that not all alcohols are the same,” she said.
Adam Stemmler of South Park and Kristen Miller of City Heights decided to try out the breathalyzer screening in North Park after noticing the crashed car. Both took a test and had a blood-alcohol level of 0.08 percent. Stemmler said the result was what he expected his blood-alcohol level to be, while Miller said it was higher than she thought.
“I think it’s important for people to be cognizant of what the law says versus what their perception says,” Stemmler said.
The highest blood-alcohol level in typically about 0.20, well over the legal threshold of .08 percent, beyond which motorists are considered too impaired to drive. Roberts said most people who were shown a 0.20 or above know they weren’t OK to drive but were surprised their blood-alcohol level were that high.
Stemmler said the initiative displays the “protect-and-serve side” of police officers’ duties.

Tuesday, March 10, 2015

Get Drunk & Steal a California Highway Patrol Cruiser? Good or Bad Idea, DUI attorneys ask?

What do you do after you drink alcohol, get stopped by the California Highway Patrol, get arrested for DUI but before you are handcuffed, do you steal the CHP Cruiser, lawyers wonder.

Yes! You jump in the driver's seat of the California Highway Patrol Officer's DUI Cruiser, you start the engine because the cop left the keys for you and you drive away real fast, San Diego DUI attorneys are told.

Then when you get from Temecula to Fallbrook, you starting crashing the California Highway Patrol DUI Officer's car.

Oops.  Too much damage to Cruiser.  Cruiser slowing down.  Stop.

Get out fast before the DUI cops' back-up catches up to you.

Run.

Escape.

"Catch me if you can."