San Diego Drunk Driving Information

Get Help With Your San Diego DUI Arrest

2010-10-01T20:48:00.000-07:00

If you've been arrested for drunk driving, you may blow it off like it's nothing. However, a DUI arrest can affect your future driving privileges if not taken seriously. For others, the DUI process can seem very overwhelming and stressful.

Here are some things that are recommended to do after a drunk driving arrest:

1. Although it isn't mandatory, it's probably in your best interest to hire an experienced San Diego DUI attorney who specializes in DUI cases.

2. Make sure to set up a DMV hearing as soon as possible. In the state of California you only have 10 calendar days to schedule a hearing. If you do not schedule this hearing, your license could be suspended.

3. If you can recall the events surrounding your arrest, make sure to write them down. Include all the events that occurred before, during, and after your arrest. If you hired a lawyer, he/she will ask you for these details. Do you recall what the police officer(s) said to you and or any of the sobriety tests that they were done? This information will help your lawyer put all the pieces together for your case.

4. Don't stress just because your blood alcohol content (BAC) was registered at over .08%. Your case isn't automatically lost. An experienced attorney will investigate whether or not the breathalyzer or method used to measure your BAC was indeed accurate. Did you know that your diet, any medications you've taken, or the type of work you do can affect a BAC reading?

Being arrested for drunk driving in California can become overwhelming if you don't know what to do. If you follow the tips outlined above, the process should go pretty smoothly. It does help to have the support of an professional DUI lawyer that can guide you through the process.

Need help with your San Diego DUI arrest? Contact Rick Mueller, San Diego DUI Attorney

California DUI Penalties Likely to Follow Out-of-State Drivers Home

2010-09-26T19:33:00.000-07:00

Each year, millions of people visit San Diego. Some travel to Southern California to visit its popular tourist attractions while others come here for business or to visit friends and family. Whatever the reason for the visit, it is important that travelers understand the importance of following California state laws while here, especially the state's drunk driving laws.

Many erroneously believe that they can simply go home after a California DUI arrest and forget the whole thing ever happened. Unfortunately for the majority of people, this is no longer true. Below you will find information on some of the basics of California DUI law and what an out-of-state driver can expect if charged with a DUI in California.

For more information on defending against one of these charges or how it may impact your driving privileges at home, contact an attorney experienced in handling DUI cases today.

Basics of California DUI Law
BAC Levels
-Like other states, it is illegal in California to operate a motor vehicle with a blood alcohol content of 0.08 percent or greater. This is known as a "per se" DUI.

-California also has a zero tolerance law for underage drivers. Thus, anyone under 21 who operates a motor vehicle with as little as a 0.01 BAC may be charged under different provisions. Even though not at a 0.08 BAC or above, or even under the influence of alcohol (a few sips of wine), a person under 21 can lose his license for a full year in his home state based upon California's action.

-Last, California imposes harsher penalties on drivers who have high BAC levels. Under current law, any driver with a BAC greater than 0.15 is subject to enhanced penalties.

Implied Consent Law
California also has an implied consent law. By virtue of holding driving privileges in the state, the driver already has consented to providing a breath or blood sample to determine BAC when pulled over on suspicion of DUI. Drivers who do not give their consent (called a "refusal") to the chemical test will be subject to greater penalties, including longer driver's license suspension periods for a year or more. Your state will probably honor California's action and suspend your license for that time period.

Criminal Penalties-First time offenders: Those convicted of their first DUI face a mandatory minimum of 48 hours in jail, but may be sentenced to a maximum of six months in jail; fines ranging between $390 and $1000, in addition to court costs and other fees. If probation is granted, some courts may not order custody. Other jurisdictions, however, even in the same county, may order custody for two days. Alcohol education programs start at 90 days and go upwards from there. A six month suspension may be reduced in some instances to one month with an additional six months restricted license for school and work.

-Second time offenders: Those who receive a second DUI conviction within 10 years of their first conviction face a mandatory minimum of 96 hours (four days) in jail, but may be sentenced up to a maximum of one year in jail; fines ranging between $390 and $1000, in addition to court costs and other fees.

-Third time offenders: Those who receive a third conviction within 10 years of their previous conviction face a mandatory minimum of 120 days in jail and may be sentenced up to a maximum of one year in jail; fines ranging between $390 and $1000, in addition to court costs and other fees.

Other penalties

Some of the other penalties drivers may face for a first or subsequent DUI conviction in California include:
-Driver's license suspension from six months to four years

-Probation from three to five years

-Installation of an ignition interlock device from one to three years

-Mandatory attendance in an alcohol or drug treatment and education program

-Additional penalties for refusing to take a chemical test to determine BAC

-Additional penalties, possibly state prison, if the driver caused serious bodily injury or death to another. If it is a second DUI and there is a death of another, the prosecutor may be able to file murder charges.

-Additional penalties if the driver had a child under 14 in the vehicle at the time of arrest or if the driver was speeding.

What Happens when an Out-of-State Driver is Arrested for DUI?
The DUI procedures are the same for all drivers, whether or not they are residents of California, except the police do not have the authority to seize a driver's license issued by another state at the time of the DUI arrest.

Once a person has been arrested for DUI, two separate proceedings will begin against them: an administrative procedure with the California Department of Motor Vehicles (DMV) and a criminal procedure in a California Superior Court.

DMV Proceedings

All drivers have 10 calendar days following their DUI arrest to request a hearing with the DMV. If the tenth day falls on a weekend or a holiday, the driver has until the next business day. The hearing will allow them to contest the suspension of their state driving privileges. It is in a driver's best interest to request the DMV hearing. Depending on the circumstances, the driver may be able to avoid losing his or her driving privileges or receive restricted driving privileges. DMV hearing defenses are very technical in nature. Attempting to represent yourself will put you at a disadvantage.

Out-of-state drivers do not have to be physically present at the DMV hearing. Their California-licensed attorney can appear on their behalf at the hearing. The hearing can be conducted over the telephone so the driver can take part in it.

If the hearing is not requested, then the DMV will suspend the offender's driving privileges 30 days after the arrest. If the driver is from another state, the DMV will send notice of the arrest and driving privileges suspension in California to the driver's home state's DMV. Depending on the state's law, the driver's home state then may take equivalent action against the driver to suspend his or her driving privileges.

Criminal Proceedings

In addition to the DMV proceeding, out-of-state drivers also will be subject to a criminal proceeding for their DUI charge. Generally, drivers who are not represented by retained attorneys will have to be present for the court proceedings. If represented, your attorney may make appearances without you under California Penal Code section 977.

However, if the case goes to trial, it is in the defendant's best interest to be present for the proceeding whether or not the judge makes it mandatory. This way, the defendant is present to testify on his behalf, to speak with the judge and to be present before the jury, all of which may help the defendant when it comes time to render a verdict, or for sentencing.

The criminal proceedings will determine which criminal penalties will be imposed against the defendant for the DUI charge, including jail time, fines, community service, probation, attendance in an alcohol or drug education and treatment program and use of an ignition interlock device.

Interstate Driver's License Compact (DLC)

Out-of-state drivers should not assume the consequences of a California DUI conviction will not follow them home. Under the Interstate Driver's License Compact, states have agreed to share driving arrests with one another. Only five states -- Georgia, Massachusetts, Michigan, Tennessee and Wisconsin -- currently are not party to the Compact.

Thus, a driver's home state may suspend his driving privileges and take other action against the driver based on an out-of-state DUI conviction. Out-of-state drivers convicted of a California DUI must comply with the court's order and fulfill all of the requirements of their sentences to have their driving privileges restored in California. This is necessary even if the driver never plans to come to California again because the driver's home state also may require the driver to complete the sentence in order to restore his driving privileges at home.

In many states, a DUI conviction in another state counts as a previous conviction under their own state laws. Thus, if a driver already has a DUI conviction in their home state and then receives a subsequent conviction for a DUI-related offense in California, the driver may be subject to much harsher penalties in their own state for having multiple DUI convictions.

Conclusion
An out-of-state DUI conviction can have a serious impact on your driving record and privileges at home. For more information on defending against a DUI charge, contact an experienced attorney today.

Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
Visit us at http://www.attorneybodow.com/

Arrested For a DUI? Your Name May Be Tweeted!

2009-12-28T13:13:00.000-08:00

I've talked before about the idea of publishing names of people who have been arrested for a DUI as a way to prevent drunk driving.

Well, now that Twitter is a popular way of communicating information to the world, one District Attorney in the state of Texas has decided to tweet the names of people who have been arrested for a DUI/DWI during the holiday period. The names will be posted to District Attorney Brett Ligon's Twitter page.

One assistant district attorney, Warren Diepraam, had this to say about this tactic to prevent drunk driving:

"There is definitely a deterrent effect in the potential public humiliation people may face when they get arrested for DWI."

I'm going to play devil's advocate for a moment and ask, Where is the evidence that proves that publicizing names is "definitely" a deterrent?

Sure, I realize the power that Twitter has in spreading information because I'm very active on Twitter, but how many other people know this? Hypothetically speaking, I certainly would hate for someone (like a potential employer) to do a Twitter search for my name and discover that I was arrested for a DUI.

What do you think?

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Arrested for drunk driving in San Diego? Contact experienced San Diego DUI attorneys to help you with your case.

Get Help With Your DUI Case in San Diego

2009-12-27T23:23:00.000-08:00

When people go out for a night of partying with friends, the farthest thing from their minds is being arrested for drunk driving. You go out for a fun night and next thing you know you're being pulled over by law enforcement.

Unfortunately, many people who are arrested for drunk driving don't think it's a serious thing. The consequences of what may seem like a harmless couple of drinks could be devastating at worst.

If you've been arrested for drunk driving in San Diego, it's important to take it as a serious offense. A drunk driving arrest is a traffic violation that can affect your driving privileges - not to mention you could now have a criminal record.

The one thing you don't want to do is to try and defend a drunk driving case all by yourself. There are many factors involved in a DUI case that only an experienced DUI lawyer is knowledgeable about including current DUI laws, processes, and court procedures. Besides, an experienced lawyer is highly resourceful and he/she is able decipher which aspects of your case would require further investigation.

If you are charged for drunk driving in San Diego, you're looking at the possibility of a jail sentence, high fines and penalties, driver's license suspension or revocation, mandatory DUI classes or rehabilitation, and insurance cancellation or increase. If you hire a San Diego DUI defense lawyer to help you with your case, he/she can help you save your license.

More Women Arrested For Drunk Driving

2009-12-26T16:01:00.000-08:00

It seems as if more women are getting arrested for drunk driving.

According to this article over at the Examiner, women are being accounted for 18.8 percent of all DUI arrests in 2007 - which is an increase from 13.5 percent nearly a decade earlier. The theory is that women in the U.S. are drinking more alcohol which has caused drunken-driving arrests among females are to rise.

What's interesting to note is that below the article is a comment by a reader who offers this perspective on the issue:

"Back when we were battling .08, one of the things we warned about was that .08 was going to unfairly target women and that more women would be getting DUI's. Now it's here and everybody's worried, but no one seems to be putting it together with the lowered BAC level. No, they want to attribute it to women drinking more so that they can start a new campaign to try and get women in general to drink less. It's just more prohibitionist garbage."

We have to keep in mind that, generally speaking, women weigh less than men and therefore, they will be affected more easily by smaller amounts of alcohol.

We may also attribute this rise in drinking and DUI arrests for women to increased stress in our society. With the economy the way it is, more women are under pressure to take care of their family. As we know, many people turn to alcohol as a way of coping with their stress.

What are your thoughts about more women being arrested for DUI's?

Photo Credit: Genealogy Photos

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Have you been arrested for a DUI in San Diego? Get help from experienced San Diego DUI attorneys.

Throwing Someone In Jail For a DUI Isn't the Solution

2009-12-15T20:06:00.000-08:00

Just imagine what it would feel like to be sentenced to 20 years in jail for drunk driving. When you went out that night to go drinking with buddies, you really had no idea that you would end up getting behind the wheel and killing an innocent person.

It wasn't pre-meditate murder, you think. But you get 20 years anyways for a careless mistake.

Was it really worth it?

This is the fate of Alan Lester Mabrey who was convicted of second-degree murder, gross vehicular manslaughter while intoxicated, and hit-and-run causing death to 24-year-old Emily Cathleen Dowdy. The accident happened earlier this year in Pacific Beach. (Read more about the story at SignOnSanDiego.com).

I used to think that simply throwing someone in jail for drunk driving was the solution. After all, taken out of society for a pretty good amount of time should give someone time to really think about their mistake. However, someone with an alcohol addiction needs major psychological help and counseling.

I don't know if they even provide counseling for drunk drivers while they're in jail, but I still believe that addressing the root problem would be a better solution. People become addicted to alcohol for a variety of reasons, but it's only until they address why they have this problem and take the necessary steps to overcome it that any real progression will take place.

Have you been arrested for a DUI in San Diego? Make sure to hire an experienced lawyer who specializes in DUI law.

Photo Credit: banspy

Why Are Teen Drunk Driving Incidents Increasing in San Diego?

2009-12-11T18:21:00.000-08:00

Underage drinking and driving has become a major concern for parents in San Diego County. There have been several incidents these past few months which makes me think that perhaps there needs to be more done to educate teenagers about the dangers of drunk driving.

However, I know that running a few public service announcements is not enough to prevent teen drunk driving. There are many factors that lead to teen drunk driving. We have to keep in mind that even though teens (as well as adults) may realize the ramifications and risks of drunk driving, they're in that mindset that "Oh, nothing can happen to me." Kids feel like their indestructible. I know I was the same way as a young adult.

Another thing to think about if you have a teen is their friends and the influence they have on your teen. Even a tense or abusive living environment can lead a teen to seek comfort in alcohol or attract negative-minded friends.

My feeling is that because of the current economic state, many families are going through emotional and psychological turmoil right now. Teens are living in unstable environments where the parents are stressed out about losing a job, losing their home, etc. That stress transfers to their teens.

If you have a teen who's been arrested for a DUI in San Diego, make sure to hire an experienced San Diego DUI defense lawyer.

Photo Credit: Erin MC Hammer

DUI Arrests: Blessings in Disguise

2009-11-30T00:07:00.000-08:00

Many people wouldn't think that a DUI arrest is a good thing - especially celebrities. They're name gets plastered all over the news, not to mention the not-so-attractive mug shots aired on TMZ.

However, the "Hills" star, Stephanie Pratt calls her DUI arrest a blessing. Last month she was arrested for suspected drunk driving after spending the night celebrating Holly Montag's birthday.

Pratt is quoted as saying, "It was the worst thing to happen to me and, at the same time, it was the biggest blessing. I learned to not fall apart, which is something that I usually do when something goes bad in my life. I learned that it is all about temptation and that I am being tested."

Pratt is not the only celebrity to turn a DUI arrest into something positive. When Tracy Morgan was arrested for drunk driving he said, "Thank God I didn't hurt nobody, and thank God I didn't hurt myself. It might have been a blessing in disguise because it threw me in the right direction..."

How about you? Can you look at your DUI arrest as a blessing in disguise? Is it a sign that it's time to make a change for the better?

Arrested for a drunk driving in San Diego? Read more San Diego DUI information...

New Ideas for Drunk Driving Prevention

2009-11-28T18:33:00.000-08:00

It's no secret that drinking and driving has been an ongoing issue in the U.S. Over the years people and organizations have offered many ways to prevent drunk driving. Possible solutions include educating children and teens about the dangers of drunk driving at an early age and an increase in TV commercials or public service announcements warning people about drunk driving.

Are these ideas working?

There are quite a few states that are experimenting with new ideas for drunk driving prevention. The state of New Mexico was the first to require ignition interlock devices on first-time drunk driving offenders. Since implementing this requirement, the statistics show that New Mexico has had fewer drunk driving-related accidents.

This idea of ignition interlock devices may seem to cost the government quite a bit of money. A device for every drunk driver? New Mexico is actually requiring the convicted offender to pay for the device. Some say that a more effective solution would be to revoke drivers' licenses. However, with the ignition interlock device, at least the car wouldn't be drivable if the person was drunk.

Whether or not this initiative will spread to other states, we'll just have to wait and see. Recently the Governor of California, Arnold Schwarzenegger, signed AB 91 by Assemblymember Mike Feuer which creates an ignition interlock device pilot program in four counties for every vehicle owned or operated by a first-time driving under the influence (DUI) offender. The four counties include Alameda, Los Angeles, Sacramento and Tulare counties. Read more: Gov. Schwarzenegger Signs Legislation Cracking Down on DUI Offenders.

If you have been arrested for a San Diego DUI, make sure to hire a lawyer who specializes in dunk driving cases.

Play It Safe During the Holidays

2009-11-19T20:57:00.000-08:00

During this time of year many people are searching the internet for San Diego sobriety checkpoint information. Unfortunately, I can't tell you exactly where the sobriety checkpoints will be.

Why not just play it safe.... If you drink, don't drive!! If you know that you will be drinking, find a friend who can come along and be your designated driver.

Also, you should be aware of services such as Safe Ride Solutions. And of course, there are tons of cabs in the city that are ready to pick you up if you've been drinking.

Let's make this a safe holiday season for everybody!

And if, by chance, you do get arrested for a San Diego DUI, make sure to get help from an experienced DUI attorney.

Photo Credit: Mike "Dakinewavamon" Kline

Drunk Driving Stories Serve As Reminders

2009-11-12T13:53:00.000-08:00

This past week in San Diego, many of us heard the news about the teenager in Vista who was involved in a horrific accident. Gerardo Chacon was pronounced dead at the scene when the vehicle he was in crashed into a bus stop and flipped over.

The driver of the vehicle was Reyes Miranda of Oceanside who allegedly was drunk at the time of the accident. He survived the crash with moderate injuries. (Read more about the incident at SDNN.com)

It's stories like this one that remind us to sit down with young people and remind them about the dangers of drunk driving. Remind them that they have to take responsibility for their actions. They can't have the impression that drinking and driving is ok. This is the time of year when it's more important than ever to be reminded about drunk driving. Holiday parties and the New Year are coming up which means more drinking.

If you or someone you know is arrested for drunk driving in San Diego, make sure to hire a professional San Diego DUI lawyer. Everyone is entitled to a fair trial regardless if it may seem obvious that they're guilty.

The Different Types of DUI Defenses Used By Lawyers

2009-11-06T18:51:00.000-08:00

Have you been arrested for a DUI in San Diego? Just because law enforcement says that your blood alcohol content was over the legal limit doesn't mean you've lost your case. Always remember that you do have legal rights.

Each and every drunk driving case has different circumstances. There are many factors involved. It's highly recommended that you seek the help of a lawyer - especially if you believe that you are innocent.

When you hire a San Diego DUI lawyer, he/she will ask you various questions about what happened on the day of your arrest. Based on analysis of the circumstances, the lawyer will come up with one or more defenses to help your case.

Here is a list of the different types of DUI defenses:

* Officers did not continuously observe you for the entire 15 minutes before the first breath sample.

* The officers did not read you the Miranda Rights. Some of the things you said during the time of your arrest could be deleted from the record if this is the case.

* The prosecution has to be without a doubt, 100% positive that you are indeed guilty of being over the legal limit of intoxication when officers arrested you.

* The breathalyzer machine that officers used to measure your alcohol level may not have been working properly or it wasn't maintained as per standards.

* You have medical or mental problems that could have affected your operation of a vehicle. There are many people with these types of conditions that have been mistakenly arrested for a DUI.

These are just a few of the defenses that a San Diego DUI lawyer may use to help defend your case. Being arrested for drunk driving is pretty overwhelming and stressful. If you feel that you've been arrested under any of the circumstances listed above, contact an experienced San Diego DUI lawyer to help you.

Contact

2009-10-19T18:07:00.000-07:00

If you have any questions, comments, news tips, or would like to advertise on this blog, please contact us via email:

info [at] sandiego-dui.info

About San Diego Drunk Driving Information

2009-10-19T17:40:00.000-07:00

This blog is dedicated to providing news and commentary about drunk driving in San Diego. I'm also very passionate about providing solutions to help prevent drunk driving.

Disclaimer: All opinions expressed are solely mine. I am not a lawyer, have never attended law school, and do not work in a law office.

Another Reminder About the Dangers of Drunk Driving

2009-08-20T17:24:00.000-07:00

Every once in awhile we need a reminder about the dangers and consequences of drunk driving...

DUIAttorney.com reports of a San Diego DUI related accident involving an alleged drunk driver by the name of Nico Faulk. The victim of the accident, Patrick Michael Elerding, was pronounced dead at the scene. Faulk is now facing felony drunk driving and vehicular manslaughter charges.

Read this past post that outlines vehicular manslaughter penalties in the state of California.

We hope that by sharing these stories, people will think twice about drinking and driving.

If you know you're going to be drinking, make arrangements for someone to pick you up or simply call a cab. The cost of killing another person far outweighs a $40 cab ride home. In the end, is it even worth it?

The DUI Crackdown On Labor Day Weekend

2009-08-19T14:48:00.000-07:00

Drunk driving is an issue that continues to pervade our society. During this time of year with summer outings and bbq gatherings, drinking is common activity. With the Labor Day holiday just around the corner, people still continue to party and wind down the summer festivities. According to the Insurance Institute for Highway Safety, August and September are among the most deadly periods on the roadways.

The Governors Highway Safety Association(R) (GHSA), a nonprofit association representing the highway safety offices of states, is joining forces with law enforcement officers across the country to take part in the national "Drunk Driving. Over the Limit. Under Arrest." crackdown on impaired driving during the Labor Day holiday period. The crackdown, which runs from August 21 through September 7, includes sobriety checkpoints and saturation patrols, as well as a $13 million national media campaign supplemented by state-funded advertising.

If you know that you will be drinking and partying during the Labor Day weekend, keep in mind that there are services available in San Diego that you can use including Safe Ride Solutions. Also, make sure to check out these tips to make it a safe holiday!

And if, by chance, you are arrested for a DUI, make sure to hire an experienced San Diego DUI lawyer to help you with your case.

San Diego DUI Checkpoint Reminders

2009-08-12T19:10:00.000-07:00

The horse racing season is in full swing at the Del Mar racetracks which means that there could be more incidences of drunk driving in the area. For the past few years law enforcement in the Del Mar area has had to contribute extra resources toward the problem of DUI during this season because there are too many people who fail to drive responsibly or arrange for a ride home after a day at the track. In San Diego County there are usually plenty of resources available for DUI checkpoints. Incentives and grants are provided at the federal, state, and regional level.

Keep these things in mind if you do come across a DUI checkpoint in San Diego:

You do have the right to turn around to avoid going through a checkpoint.
Field sobriety tests are optional.
You have the right to request a blood test instead of breathing into a breathalyzer machine.
You do not have to answer any of the officer's questions except for confirming your address, license, and providing car insurance. Politely decline to answer questions and let the officer know that you don't want to answer questions unless your San Diego DUI lawyer is present.

DUI Checkpoints Revisited

New DUI Command Post in San Diego

Would Mail Notifications of Sobriety Checkpoints Work?

Main Bullet Points Of Alcohol Awareness Month

2009-04-19T17:27:00.000-07:00

April is considered as the Alcohol Awareness Month. This year’s celebration of this event gives more emphasis on alcohol abuse and its direct correlation to drunk driving. Since drunk driving comprises a huge chunk of road fatalities, here are some tips on how to avoid DUI convictions and still have fun drinking:

Set a plan on how you are going to get home safely. If you plan on drinking at a party or a bar, bring your spouse with you so that you can do the drinking and he or she the driving.

Make driving arrangements with a friend. Ask him to drive for you after having a blast at a social function. Offer him a soda so that he won’t get bored waiting for you or you can have him come over as soon as you are ready to leave. Make sure you return the favor next time.

Ask your group to rent a car. If you’re going with a group, discuss among yourselves how you will go about renting a car or a van that will bring all of you safely home. Chipping in would be the way to go if you are to hire taxi services.

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We've partnered up with Orange County DUI attorneys to bring you DUI information for Orange County.

Tips To Make This Holiday Season Safe For Everyone

2008-12-16T13:37:00.000-08:00

The holiday season is here and that means we're getting close to the new year! This is the time when many people are caught drunk driving. The Stop Impaired Driving website has offered some tips to make this holiday season a safer one for everybody:

-- Plan a safe way home before the festivities begin;

-- Before drinking, please designate a sober driver and give that person your keys;

-- If you're impaired, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely;

-- Use your community's Sober Rides program;

-- If you happen to see a drunk driver on the road, don't hesitate to contact your local law enforcement;

-- And remember, if you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to where they are going safely.

All of this seems like common sense, but I understand how it can get when you're partying. That's why it's important to create a plan to get home safe even before you head to that party or the club.

Related Post:
Top Five Holiday Behaviors That Can Get You Fired
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If you've been arrested for a DUI this holiday season, make sure to hire an experienced DUI lawyer in San Diego

Lower the Drinking Age Limit?

2008-12-11T21:05:00.000-08:00

Awhile back I wrote about how college students and some presidents of universities have been pushing for the underage drinking limit to be lowered. They believe that a lower drinking limit allows college students to get professional help and reduces their fears of being reprimanded for drinking.

In response to this, Mothers Against Drunk Driving (MADD) National President Laura Dean-Mooney said:

“Underage and binge drinking is a tough problem and we welcome an honest discussion about how to address this challenge but that discussion must honor the science behind the 21 law which unequivocally shows that the 21 law has reduced drunk driving and underage and binge drinking.”

Ronald M. Davis, Immediate Past President of the AMA said:

”It is impossible to ignore the scientific evidence demonstrating the dangers of underage drinking. A young adult’s brain is a work in progress, marked by significant development in areas of the brain responsible for learning, memory, complex thinking, planning, inhibition and emotional regulation. If we lower the age at which young adults are legally allowed to purchase alcohol, we are lowering the age of those who have easy access to alcohol and shifting responsibility to high school educators. The science simply does not support lowering the drinking age.”

You may recall that I shared the story of how I started drinking at age 14 and didn't suffer any major problems due to alcohol. Like I said, when I turned 21 having a drink wasn't a big deal. However, I did have a good peer group who didn't abuse alcohol. Sure, I got pretty drunk during college, but I didn't do anything stupid.

I do realize that I may be the exception to the rule. After reading all these statistics on The Toll of Underage Drinking, I wonder if it would be better to just keep the drinking age limit to 21.

What do you think?
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If you've been arrested for a drunk driving, make sure to get counseling from a DUI attorney in San Diego.

Resource: MADD

Photo Credit: Peter Burgess

Drunk Driving Stories: Help Spread the Message

2008-12-10T15:41:00.000-08:00

It used to be that I would stay away from many of the bad drunk driving stories in the news. Who wants to read depressing news about a drunk driver who killed someone, right?

Well, my attitude about that has changed over the years. I understand now that sharing these stories may help someone. Who knows...maybe a repeat drunk driving offender could read the story and decide that maybe it was time to make a change. Maybe that story prompted them to really think about their destructive habits.

I think about all of this as I read a news story about Edward Costa, a man who was killed in a hit-and-run accident in Alpine. The driver, Travis Weber, has had numerous drunk driving convictions since 1985. Now Weber may spend the rest of his life behind bars.
I think it is so important to share these stories and spread the message about the dangers of drunk driving. It may be even more important to get these stories to repeat offenders in the hopes that maybe it will make them think twice about getting behind the wheel when they're drunk. Even if we got just one person to think about the consequence of their actions...perhaps that could save one or two lives.

If you are a repeat drunk driver here in San Diego who wants to make a change, I recommend checking out these DUI programs for help. You can also ask your San Diego DUI attorney for help as well.

Preventing Drunk Driving: Getting To the Root of the Problem

2008-11-30T14:39:00.000-08:00

For the past couple years I've talked about different ways that we could prevent drunk driving. I think it's time to revisit the topic again since the holiday season is here and New Year's Eve is just around the corner. Now more than ever we need to be conscious about the consequences of our actions.

David J. Hanson Ph.D. of Alcohol Problems & Solutions offers some great ideas on the steps we can take to prevent drunk driving. He says:

"For their own safety and that of others, it's important to identify such drivers, remove them from the road, provide effective treatment, and bring about behavior change before permitting them to drive again."

The key phrase here is "effective treatment" because most hard core drunk drivers could care less if their driver's license is suspended or revoked. They will still continue to drive.

Since many drunk driving incidences are caused by repeat drunk driving offenders, we have to get to the root of the problem. We have to offer treatment that changes their behavior. Sure, the courts could implement harsher sentences to get drunk drivers off the streets, but if they're unwilling to make any changes, then harsher sentences really won't work. They're just going to get out of jail and continue their alcohol abuse.

I've said it before, and I'll say it again. We need to create more awareness about the dangers of drunk driving. We should bring back commercials like this one from the 80's...

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If you need help with your DUI in San Diego, make sure to hire an experienced drunk driving defense attorney...

CHP Steps Up DUI Enforcement During Thanksgiving Weekend

2008-11-28T12:36:00.000-08:00

It's Thanksgiving weekend and the holidays are here...and that usually means that there will be more partying and drinking going on.

According to this news piece over at the L.A. Times, the California Highway Patrol has stepped up it's force on the highways by deploying thousands of officers statewide. This enforcement period started this past Wednesday and will be in effect until Sunday night - so expect to see more sobriety checkpoints around San Diego.

During this time of year I get quite a bit of traffic to this blog because people are looking for San Diego sobriety checkpoints. So, let me take this moment to make this public service announcement:

If you drink, don't drive!!

There are services available in San Diego that you can use including Safe Ride Solutions - and let's not forget that there are tons of cabs ready to pick you up if you've been drinking. Ask a friend who doesn't drink to party with you...I'm sure they won't mind tagging along if it means that you won't get behind the wheel.

Let's make this a safe holiday season for everybody!

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And if, by chance, you do get arrested for a San Diego DUI, make sure to get help from an experienced DUI attorney.
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Photo Credit: Bart Everson

Drunk Driving (DUI/DWI) Resources

2008-11-25T17:22:00.000-08:00

Looking at the stats for this blog, I've noticed that many visitors are seeking information and resources for drunk driving. Recently I've come across some good drunk driving resources and wanted to share them with you...

The Alcohol: Problems & Solutions website has a section dedicated to drunk driving information including how to prevent drunk driving as well as underage drinking and driving. This is a great site that covers just about every aspect of alcohol.

The About.com Alcoholism section has a wealth of information including state by state drunk driving laws and tons of articles about the issues of drunk driving.

Stop Impaired Driving is the headquarters of Impaired Driving National Enforcement Crackdown. This site has communication materials, campaign planners, program resources, and more.

The Office for Victims of Crime (OVC) has a section on their website dedicated to providing resources and help for victims of drunk driving.

In addition to the resources listed above, I invite you to read through the archives of this blog as I've written about many other organizations that are committed to providing drunk driving information.

If there is information or resources you'd like to see on this blog, please contact me at duicontent [at] gmail [dot] com.

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Have you been arrested for a DUI in San Diego? Make sure to hire an experienced DUI attorney to help you with your case!

Will Harsher Penalties Decrease Drunk Driving?

2008-11-22T23:46:00.000-08:00

In this article, "Acceptance Of Drunk Driving Is Detrimental to Relationships and Lives", writer Marie Miller asks the question:

"So why is it, after so much effort and so many reminders, that people are still drinking and driving drunk?"

That seems to be the million dollar question I've been asking myself for years now. Every state has laws about drunk driving, yet the problem continues.

I believe that people continue to drink and drive because the penalties aren't harsh enough. I did an internet search for "harsher penalties for drunk driving" and came across a few news articles that talked about how some states are implementing harsher penalties for first-time offenders.

Penalties for drunk driving are different for every state and some judges punish offenders on a case by case basis. Let's hope that California will soon be added to the list of states who are becoming more proactive about cracking down on drunk driving. However, that's not to discount the organizations in California that are actively creating awareness about the dangers of drunk driving.

It's now up to the courts and law enforcement to step up and implement harsher penalties. We can't guarantee for sure that harsher penalties will decrease incidences of drunk driving, but it sure wouldn't hurt to give it a try.

Photo Credit: Benny Yap

Related Posts:

What's Missing From DUI Penalties?

San Diego DUI Penalties
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Get help with your San Diego DUI. Make sure to hire a professional and experienced San Diego DUI attorney!

Could This Have Been Prevented?

2008-11-18T22:48:00.000-08:00

We get many chances in life to learn from our mistakes. Sometimes we'll make the same mistake two or three times before we actually learn our lesson. In the case of John Joseph Taskey, it took five drunk driving mistakes before he got his big wakeup call: a 15 years-to-life sentence for an accident that led to the death of Rosa Degerman.

Taskey pleaded guilty to second degree murder last month for the accident that happened in September of 2007. He was driving west on Interstate 8 near West Mission Bay Drive when his pickup truck ran into the car that Rosa Degerman was in. She suffered injuries and passed away the next day at the hospital.

It's a shame that it took a tragic death for Taskey to be put in jail. What happened to him after his third or fourth DUI arrest, I don't know, but it's obvious that he needed some help. We could blame the "system" for not taking an active role in helping to rehabilitate John Taskey, but at the same time Taskey made the decision to keep getting behind the wheel despite his license suspensions.

Could this accident have been prevented?

Source: SignOnSanDiego.com

If you've been arrested for a DUI in San Diego, make sure to hire an experienced and professional San Diego DUI lawyer...

Talking or Texting and Driving Don't Mix

2008-10-29T16:00:00.000-07:00

The state of California recently passed a law which prohibits drivers from talking on their mobile phone while driving their car. If drivers need to talk on the phone, they are required to wear a bluetooth in their ear. Despite this law, however, people still continue to talk on the phone while driving.

What many people don't realize is that talking on a mobile phone is just as dangerous as drunk driving! Studies have also shown that text messaging while driving is just as, if not more, dangerous than drunk driving. Even a British study revealed that texting drops reaction time by more than a third and decreases a person's ability to control the direction of a 4-thousand pound vehicle.

It only takes a split second to lose your concentration...

Just some food for thought!

Related Post:
Another Study Proves Cell Phone Talking Is Just As Bad As Drunk Driving
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Get help with your DUI in San Diego! Talk to an experienced and professional San Diego DUI lawyer who specializes in DUI cases.

Lindsay Lohan's DUI Escapade

2008-10-27T11:24:00.000-07:00

Ah, Miss Lindsay Lohan is at it again. This article reports that the actress is facing a lawsuit in which three men claim that she hijacked their car and took it for a joyride. The police stopped her and she was arrested for driving under the influence and having cocaine in her possession.

This isn't the first time Lindsay Lohan has been arrested for a DUI. You may recall her previous incidences with drunk driving which started last year when she crashed her Mercedes.

So why even do public service announcements warning kids about the dangers of drinking and driving? It seems like nowadays Lohan has become more famous for her rebellious behavior than for being a talented actress.

I understand that she's young and when you're young you want to go crazy wild. You feel that you're invincible.

This is an opportunity for parents to explain to their kids about the consequences of drunk driving. If you're a parent with a teenager(s) reading this (especially a young girl who looks up to Lindsay Lohan), I recommend sitting down with them and having a heart-to-heart talk about how this type of behavior can ruin their lives. Lindsay Lohan is certainly the perfect example of what not to do.
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Need help with your San Diego DUI? Call a professional and experienced San Diego DUI defense lawyer.

DUI Checkpoints Revisited

2008-10-24T13:47:00.000-07:00

A couple years back I posed the question: Are Sobriety Checkpoints Unconstitutional? I'd like to revisit this subject because so many people don't really quite understand what DUI checkpoints are really about. Or rather, they don't know both sides of the story. Hopefully this post will shed some light on the issue and make you think more about what your rights are as citizens.

Until this day part of me feels that DUI checkpoints are ok because they do contribute somewhat to the prevention of drunk driving. On the other hand, I stand by the Fourth Amendment and feel that checkpoints are a violation of privacy. After reading Nick Schweitzer's article, Sobriety Checkpoints Are Not the Answer, I'm now leaning more on the side that checkpoints should indeed be outlawed in California. Schweitzer really goes in depth on the issue, so I highly recommend reading his article. I completely agree with what he says here:

In fact, there is evidence that traffic deaths may increase due to these checkpoints because the worst of the drunk drivers (those who are seriously impaired with high BAC levels) avoid the checkpoints when spotted (and often because their locations are advertised in the paper), while those who have had a drink or two continue to go through, because they don't feel impaired.

So, what happens if we do away with DUI checkpoints? It would free up money to spend on counseling and educating DUI offenders. I think this is where we can make the most impact - after all, repeat DUI offenders are the ones who cause the most accidents.

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Have you been arrested for a DUI in San Diego? Request a free DUI case evaluation!

Alcohol Related Crimes Down In the Beach Areas

2008-10-22T20:24:00.000-07:00

Photo Credit: switch_1010

According this article over at SanDiego6.com, alcohol related crimes are down since the ban on beach booze took effect last November. The Public Safety and Neighborhood Services Committee reported these statistics:

3,438 alcohol-related citations were given in 2007, compared to 2,855 so far this year, a decline of nearly 17 percent

Drunk-in-public arrests were down more than 7 percent -- from 596 in 2007 to 553 this year
The number of minors found in possession of alcohol was also down significantly, falling nearly 52 percent from 699 incidents in 2007 to 337 this year

What's interesting to note is that despite this decrease in alcohol related crimes, drunk driving arrests were up this year - 616 DUI arrests so far this year, up more than 8 percent from the 569 recorded in 2007.

All these statistics are presented in time for voters to make a decision on Proposition D which would permanently make the consumption of alcohol unlawful at city beaches, Mission Bay Park and other parks along the coast.

Personally, I have noticed that the beaches have been more quiet. The one night this summer that I did go out to the beach, I didn't see as many bonfires as I used to back in my younger days.

What do you think about the booze ban at the beaches?

Other articles of interest:

Read an editorial about Proposition D at SignOnSanDiego.com

Here's a website that urges people to Vote No on Prop D

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Need help with your DUI? Hire an experienced San Diego DUI attorney!

Can I Get My DUI Expunged in California?

2008-10-18T22:55:00.000-07:00

If you've been charged with drunk driving in California, there's a chance that your criminal record will be affected. There are certain cases, however, whereby a drunk driving charge could possibly be expunged if you've been on good behavior during your probation.

Every state has their own definition of "expungement" but generally speaking, an expungement means erasing or getting rid of a DUI charge from your criminal record. Because the laws are different in each state, it's highly recommended to find a drunk driving defense attorney to help you figure out what is the best approach for your particular situation.

In California a DUI expungement does not necessarily mean you are off Scott-free. Moreover, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI charge #1 is expunged but later the person is charged charged again for drunk driving (#2), it could still be considered a second offense.

So what does a California DUI expungement actually mean?

1. Your current DUI case will be dismissed by the court - meaning "it never happened"

2. You do not have disclose the DUI charge when you apply to a school or a job - with the exception of a government or state-related position.

When it comes to being charged with a DUI in San Diego, whatever you do, make sure to seek the help of a professional lawyer.

Websites Dedicated to Fight Drunk Driving

2008-10-13T22:36:00.000-07:00

One of the things I love about the internet is all the different ways to spread information and educate people. The internet is the "Information Highway" where we can read the news, find information on topics that interest us, or share information that others can find useful. And when it comes to drunk driving, the internet is a great way to create awareness of this problem.

This past year a pregnant Jennifer Bukosky and her 10-year-old daughter were killed by a drunk driver named Mark Benson. Benson is a former physician who was under the influence of prescription drugs at the time of the accident.

In an effort to strengthen Wisconsin's drunk driving laws, Jennifer's parents have created a website, Jennifer Bukosky. At this website Wisconsin residents can "sign" a petition that demands Wisconsin Legislature change current Wisconsin Operating While Intoxicated (OWI) laws.

This is the type of grassroots movement that anyone can do in any state. Creating more awareness about the dangers of drunk driving and sharing stories like Jennifer Bukosky's are needed now more than ever.

Here are other websites that are dedicated to fighting drunk driving:

The Century Council

Stop Impaired Driving

If you need help with your DUI in San Diego, make sure to hire a professional and experienced lawyer...

What's Missing From DUI Penalties?

2008-09-28T20:29:00.000-07:00

One of the reasons why I think drunk driving continues to be a problem is that law enforcement simply puts offenders in jail and charges them nominal fees. Yes, some offenders have to take attend a DUI program, but what is missing in this equation?

Consider this new DUI law that has been passed in South Carolina. Lawmakers have passed a judicial mandate for the clinical assessment and appropriate treatment of every DUI offender convicted of a DUI. Offenders will be assessed to determine whether an offender is an alcohol abuser or alcohol dependent. Alcohol abusers must attend a program of two classroom hours twice a week for four weeks. Offenders who are assessed to be an alcoholic must enroll for therapeutic outpatient treatment, three three-hour sessions a week for eight weeks, or longer depending on their progress.

This new law in South Carolina goes into effect early next year and participants will be subject to contempt of court punishment if they don't enroll in a program and make satisfactory educational or treatment progress.

In California there are DUI programs that offenders must attend as well. There is a 30-month program for offenders who have had multiple convictions, but how well this program is enforced is questionable.

Get help with your drunk driving case! Contact a professional San Diego DUI defense lawyer.

Source: GreenvilleOnline.com

North Inland Community Prevention Program Pushes For Alcohol Ordinance in San Marcos

2008-09-22T13:27:00.000-07:00

A couple years ago I talked about how the City Council of National City passed an ordinance that required alcohol servers in bars and restaurants to take special training. Well, now that idea has spread to other parts of San Diego County. The North Inland Community Prevention Program (NICPP) is pushing for this same type of ordinance for the city of San Marcos. Certification training for alcohol servers are currently taking place in Poway and Solana Beach as well.

The NICPP director, Clark Kiser, has discovered that Old California Restaurant Row in San Marcos have become popular areas for excessive drinking. Additionally, several bars and restaurants in San Marcos have been identified as places where people have had drinks before being arrested for a DUI.

The state’s Alcoholic Beverage Control (ABC) department offers free responsible beverage sales and service certification training and classes last three to four hours. The two-year grant pulls together experts who review and update standards for Responsible Beverage Service (RBS) program curriculum.

Having this type of ordinance in all areas of San Diego certainly would be ideal, however, it's nice to see that some cities are taking steps to promote safety on the highways and a better quality of life.

Source: Today's Local News
Read more San Diego DUI News...

Photo Credit: Rick Audet

Questions To Ask Before You Hire a San Diego DUI Lawyer

2008-09-17T23:41:00.000-07:00

Most people who are arrested for drunk driving think that they should go to court and fight their case on their own, however, one of the first things you should do is to hire a San Diego DUI lawyer to help you with your case. A lawyer who specializes in DUI cases is aware of the latest DUI laws and procedures.

So if you do decide that you want the help of a lawyer, here are a few questions you should ask yourself:

Is the lawyer affiliated with any associations? A drunk driving lawyer should be an active member of at least one association.

What kind of experience does the lawyer have in DUI law? It’s advisable to hire a lawyer who is very experienced, but do keep in mind that simply because a lawyer has years of experience, this doesn't mean they're good at what they do. Ask the lawyer how many cases they’ve won.

Do you feel comfortable talking to this lawyer? Does the firm treat you with respect? Does the attorney talk down to you? Always trust your gut feeling when you‘re interviewing lawyers.

Do the lawyer’s fees include all services? The lawyer you decide to should be able to explain exactly what he/she will do for you and inform you of any extra charges for other services.

6 Ways to Minimize the Risk of a DUI Charge in San Diego

2008-08-27T00:14:00.000-07:00

Drunk driving is a very serious issue and shouldn't be taken lightly. If you've been arrested for a DUI, there's a chance that your driver's license could be suspended and that you could serve jail time. Here are six tips to help minimize that risk of a DUI conviction:

1. Don't get behind the wheel in the first place - even if you've had just a couple drinks.

2. Be polite to the police officers who stop you. These officers will be taking down notes and recording everything that you do or say. Your actions could be used as evidence against you in court. The last thing you want is for the officers to show the court a video of you acting crazy!

3. It is your right not to perform any type of field sobriety tests (FST). Be on your best behavior if you do decide to do these sobriety tests. You may be arrested anyways, but at the very least the police won't have further evidence to use against you.

4. If you are arrested, call a family member or a friend so that they can take note of your sobriety and state of mind.

5. Write down the details of everything that took place before and after your arrest so that you can recall them easily when/if you go to court.

6. Seek the help of a San Diego DUI defense lawyer who understands and has experience in drunk driving laws and procedures.

Lower Drinking Age Debate Is Reignited

2008-08-25T12:40:00.000-07:00

The debate over a new legal age for drinking has begun - or rather, has been reignited. A group of college students and college presidents in California are petitioning to have the drinking age limit lowered to 18. They believe that the current age limit forces underage drinkers to go "underground" and prevents them from seeking help when they are drunk. Proponents also believe that the current law isn't really working and underage drinkers will find a way to drink no matter what.

Part of me feels that the age should be lowered and that the burden should be put on parents to be more responsible in educating their teenagers. It is true that kids will find some way to drink no matter what the law is. I can certainly testify to that. I started drinking at a very early age (14) when I was living overseas, so when I turned 21 drinking wasn't really a big thing for me. I was also very educated about the dangers of drinking and driving and I have my driver's ed teacher to thank for that. It really is all about educating kids and just reminding them over and over that drunk driving simply is not cool.

Read more about the debate on lower drinking age...

Learn more about the DUI process in San Diego...or get help with your San Diego DUI.

Related Post:

The Consequences of Underage Drinking

Photo Credit: Lexie

Vehicular Manslaughter Penalties in California

2008-08-18T21:00:00.000-07:00

For many people drunk driving has ended with just an arrest and maybe a day in jail. However, there have been many drunk driving cases that involved fatalities. In this case a driver could be charged with vehicular manslaughter which is considered a crime of driving negligently and directly causing someone's death. There's even the chance that a driver could be charged for murder in this type of case.

In the state of California there are four types of vehicular manslaughter. The penalties are outlined below:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. Penalty: Up to 1 year county jail, or 4,6 or 10 years state prison. Note: With one or more priors of this or certain other vehicular felonies, 15 years to life in state prison ("Courtney's Law").
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. Penalty: Up to 1 year county jail, or 2,4, or 6 years state prison.
PC 192 (c)(2): Vehicular manslaughter without gross negligence, without intoxication. Penalty: Up to 1 year county jail.
PC 192 (c)(3): Vehicular manslaughter while intoxicated, without gross negligence. Penalty: Up to 1 year county jail, or 16 months, 2, or 4 years state prison.

So, what should you do if you're caught in this type of situation?

Because this is such a serious issue, it's highly recommended that you contact an experienced San Diego DUI lawyer immediately.

Strict Code of Conduct Regarding Alcohol at Chargers Games

2008-08-11T15:55:00.000-07:00

Football season is just around the corner and that means fun, rowdiness, and drinking! If you ride the San Diego Trolley on most Sundays during the fall season, you're bound to come across hoards of people in Charger jerseys heading to Qualcomm - which, by the way, is a very smart thing to do so that 1) You don't have to deal with the traffic, and 2) If you plan on drinking during the game, you don't have to worry about getting a San Diego DUI!

This season there is going to be a stricter code of conduct during the Chargers games. This code of conduct was started back in 2006 and has extended to all events that are held at Qualcomm throughout the year.

Here are just a few of the new policies for this season:

Each person is limited to two drinks per purchase until the start of the 3rd quarter and one drink per purchase during the 3rd quarter. There are no alcohol sales in the 4th quarter.
No alcohol sales after the first half during a Raider game
There will be "alcohol management teams" patrolling the inside of the stadium

If you've been charged with your first DUI in San Diego, make sure to hire an experienced lawyer!

{Source}

San Diego DUI Penalties

2008-07-26T21:13:00.000-07:00

The penalties for drunk driving in San Diego are quite complex and involve many factors. If you've been arrested for a DUI, listed below are just some of the things the court looks at when deciding on your case:

* How many DUI arrests you've had in the past
* Whether or not you refused to submit to a breath or blood test
* Injuries or death to another person
* Driving with a child or minor in the car
* Driving over the speed limit

Here are just a few of the punishments you can expect for a DUI in San Diego:

* Mandatory alcohol or drug rehabilitation programs
* Fines up to $1,000
* Public work service
* Jail sentence

There's the possibility that your driver's license could be suspended from 90 days to a year if this is your first or second drunk driving offense. However, if it's your third or fourth DUI incident, there's the chance that your license could be revoked up to three or four years. Also, you should also know that the Department of Motor Vehicles and the courts in California each have their own separate drunk driving penalties.

These are just a few of the consequences of a DUI charge in San Diego. Hiring an experienced San Diego DUI attorney is highly recommended in order to save your license.

What Are the Penalties for a Felony DUI in San Diego?

Advice On What to Do After Being Arrested For a DUI

2008-07-26T12:20:00.000-07:00

Being arrested for drunk driving is a complicated situation and so I wanted to share with you this video of Patrick Barone, a DUI lawyer in the Michigan area, giving advice on what to do after being arrested for a DUI...

Here are some key takeaways from the video:

DUI laws are complex, so it's important to hire a DUI lawyer to help defend you
To find a lawyer, get recommendations from friends, family, or other lawyers
Make sure to look at a lawyer's background and research the things he/she has done to become specialized in DUI defense
Interview the lawyer as you would a doctor or any other professional. Sit down with at least 2-3 lawyers and choose the one that you feel most comfortable with

I offer some of my own advice in a previous post: 5 Ways to Reduce the Stress of a DUI Charge in San Diego.

Being arrested for a DUI in San Diego is something that shouldn't be taken lightly. It is important to find an experienced San Diego DUI lawyer who is active and updated on the latest DUI laws and procedures. Keep in mind that your driver's license and future are at stake!

Jail Sentence Alternatives For DUI Offenders

2008-06-17T22:48:00.000-07:00

The consequences of drunk driving are pretty serious, but did you know that there are a few alternatives to a jail sentence that are available? It's something that you should talk about with your San Diego DUI attorney, but here are a few alternatives to think about:

"City Jail" or "Weekend Jail" - Many police departments offer this as a choice instead of staying in jail for consecutive weeks or months. DUI offenders who choose this option come and check themselves into jail for the whole weekend.

House Arrest - the DUI offender is allowed to stay at home, but has to wear an electronic monitoring device. This is offered because of overcrowded jails.

Work Release - A partial confinement program in which DUI offenders have to work at a job site that has been given to them. In this type of program offenders are allowed to go home at night to sleep.

Work Furlough - A situation in which offenders can go to work at their regular job during the day, but after work they have to go back to the "dorm" to sleep.

Alcohol or drug rehabiliation - Many DUI offenders have serious issues with abusing alcohol. Rehabilitation versus going to jail could be better for the offender.

Sober Living Home - A living situation where offenders are assigned to all live together in a home and work together to face their problems with alcoholism or drug addiction. Most of the time the residents in a sober living home have to take 12-step classes or have one-and-one time with a rehab counselor.

I highly recommend hiring a DUI attorney in San Diego who has the expertise in negotiating jail alternatives for clients. An attorney can help guide you in choosing the best option that will work for your situation. However, if it were me, I would always recommend alcohol rehabilitation ;)

Athletes and DUI's: How Hard Is It To Call a Cab?

2008-06-09T18:50:00.000-07:00

I've talked a few times here about celebrities and athletes who have been caught for drunk driving. I think it's ridiculous that with all the money that they have, they can't be responsible enough to hire someone to pick them up after they've had a few drinks. The taxi cab wasn't invented for nothing!

The reason I bring this up again is because I continue to read news reports of athletes who have been charged with DUI's - most recently Kenny Stabler of the Oakland Raiders and Cedric Benson of the Chicago Bears....oh, and Carmelo Anthony.

Really - how hard is it to pick up the phone and have someone pick you up or to designate a driver if you're with a group of friends? You don't have to be rich to call a cab and so what if you have to wake someone up in the middle of the night? It sure beats getting a call in the middle of the night with the news that you're dead.

Here are a couple taxi cab companies in San Diego who will gladly pick you up:

Yellow Cab of San Diego: 619-234-6161
Orange Cab of San Diego: 619-223-5555

And if you need help with your DUI in San Diego, feel free to call Michael Richmond, a San Diego DUI lawyer: 619-334-7661

3 Things You Should Know If You've Been Stopped For a DUI

2008-06-04T10:10:00.000-07:00

Oftentimes when a person is pulled over by a police officer for whatever reason, they feel compelled to do whatever the officer tells them. If you’ve been pulled over for a suspected DUI, there are a few things you should know…

Field sobriety testing does not give the officer proof of your intoxication. If you have a physical disability and fail these field tests, you are not automatically guilty of drunk driving. You have the right to refuse a field sobriety test.

Blood testing (or chemical testing) is a more accurate measure of whether or not you have been drunk driving. You have the right to request to take a blood test and to have your own doctor conduct the test.

Breath analysis testing using a breathalyzer machine is a controversial method of determining whether or not you are drunk. If these machines are not maintained properly they could give a false reading. Also, there are other factors that could affect the results of a breath test including your diet or even your occupation. Remember that you have the right to refuse the breath analysis test and request a blood test instead.

Combating an alleged San Diego DUI takes some work, but if you’ve been wrongfully accused, it’s important to have a San Diego DUI attorney to help you - especially if you’re unfamiliar with DUI laws and procedures in California.

Photo Credit: minimoniotaku

What Are the Penalties For a Felony DUI in San Diego?

2008-04-15T02:35:00.000-07:00

Being charged with a felony DUI in San Diego is considered a misdemeanor charge and it's likely that it will go on your criminal record. You can be charged with a drunk driving felony if the accident causes an injury to another driver or passenger. It is also considered a felony DUI if you've had 3 or more DUI convictions within the past 7 years.

In the county of San Diego there is a ten-year "washout" period. In other words, if you've had a previous felony DUI conviction within the past 10 years, the current drunk driving charge can be viewed as a felony DUI. For example, if you were convicted for a felony DUI on July 18, 1980 and you are found guilty again of drunk driving on July 15, 1981, you could be charged with a felony DUI.

Below is a list of penalties for a felony DUI in San Diego:

Jail sentence of 6 months - 1 year

Mandatory minimum term of incarceration: 48 consecutive hours, or 10 days of community service

Fines from $390 - $1,0004-year license revocation

Vehicle may be impounded for six months and you could be required to have an ignition interlock device put on your car up to three years

Alcohol or drug program for 18-36 months if you haven't already attended one

Related Posts:

A Third DUI Brings Felony Charges

San Diego Sheriff's Deputy Faces Felony DUI

Photo Credit: Mike Kline

How Do We Prevent Drunk Driving in San Diego? Here Are 5 Ideas

2008-04-14T15:45:00.000-07:00

Drunk driving has created unnecessary accidents and heartache for many people in the San Diego. It’s been an issue for many years now and a number of initiatives have been proposed by organizations to combat this issue. However, the problem still continues and doesn’t seem to be getting any better. It's almost to the point that drinking and driving is considered normal in our society. So what can we do?

* Putting special markings on license plates of repeat drunk drivers. The only problem with this is that it makes it a little embarrassing for someone else who has to drive the repeat offender’s car.

* Driving restrictions for young drivers such as not allowing them to drive at night.

* Keeping track of repeat drunk driving offenders with electronic devices such as ankle bracelets or installing ignition interlock instruments (IIDs) in their cars.

* More education regarding the dangers of drunk driving in elementary and high schools. Creating a sense of responsibility in young adults and children is also key in further reducing drunken driving incidences in the future.

* Increase the number of public service announcements in the newspapers and on television.

All of these ideas by themselves aren’t enough to combat the issue, but all of them combined would probably be best to reduce DUIs. It's up to the government to be consistent and follow-up with these initiatives in order for them to be effective while maintaining a level of lawfulness that doesn‘t encroach on our rights as citizens.

If you've been arrested for a DUI in San Diego, don't hesitate to contact a DUI San Diego attorney for help.

DUI Programs in San Diego County

2008-04-05T22:01:00.000-07:00

If you've been convicted with a DUI in San Diego, chances are you have to attend a drunk driving program as part of your punishment. Here is an overview of a few programs located in San Diego County:

Read the rest of this article at Associated Content...

Related Post:
San Diego State DUI Program

5 Ways to Reduce the Stress of a DUI Charge in San Diego

2008-03-18T15:00:00.000-07:00

Drunk driving is a serious issue that shouldn't be taken lightly. If you've been charged with a DUI in San Diego, it can seem like an overwhelming situation especially if this is your first offense. Follow the tips listed here and it will release some of the headache and stress:

1. One of the first things you want to do is request a DMV hearing. In California you only have 10 calendar days to schedule a hearing. You can do this yourself, but it's probably best that you have your DUI lawyer do it for you so that the date of your hearing coordinates with your lawyer's calendar.

2. As you get ready for your hearing, try to remember and write down the events leading up to and during the DUI stop. Your lawyer will be able to better assist you if you can remember the conversation between you and the convicting officer. It’s also good to know which field sobriety tests were used. Did you say anything that could be used against you during your trial? Did the officer read you your rights?

3. Just because you were registered at having a blood alcohol level (BAC) over .08% doesn’t mean your case is lost. Your lawyer can determine whether or not the machine or method used to measure your BAC was accurate or not. There are many factors involved that can affect your BAC that you may not even know about. I know of a case in which a painter was arrested for drunk driving because some of the chemicals in the paint caused the breathalyzer machine to register a high BAC.

4. Find a San Diego DUI attorney that specializes in DUI defense. There are many DUI lawyers in San Diego, but you want to hire one who specifically with drunk driving cases. You wouldn't hire a plumber to fix your car problem, right? Same concept applies to lawyers. You definitely don't want to hire a lawyer who doesn't know anything about DUI laws and procedures.

5. Whatever you do, always try to remain positive through the whole process! You can do it by yourself, but it's always nice to have a San Diego DUI lawyer to represent you who is experienced and knows what he/she is doing. This will give you the confidence you need when it's time to face the court!

San Diego Woman Pleads Guilty to Child Endangerment

2007-07-14T23:11:00.000-07:00

I often wonder what is going through a person’s mind when they decide to drink and drive with their kids in the car. Or even worse, allow the child to get into a car knowing full well the driver is drunk.

A couple weeks ago a woman here in San Diego pleaded guilty to criminal endangerment when she let her son ride in the car while her husband was drunk. Her son ended up dying when he was thrown from the car in a crash off Interstate 15. The woman, Rosa Carachure, broke her arm in the crash and her husband, Rodrigo Mendoza survived as well.

I read over at Total DUI that the couple was arguing about Mendoza’s ability to drive when he purposely swerved the car which caused the accident.

Now Carachure could possibly serve up to a year in jail while Mendoza faces up to six years. This couple has lost a child and perhaps have learned their lesson, but do you think the punishment was harsh enough? The other children that they have are currently living with relatives. Should they be taken away as well? It’s sad that this couple had to learn a lesson the hard way, but they do have to learn somehow.

Have you been charged with drunk driving in San Diego? Hire a professional and experienced San Diego drunk driving attorney to help you with your case!

Universities See Reduction in Drunk Driving

2007-07-11T21:22:00.000-07:00

An article over at SignonSanDiego reports that there has been a reduction in the amount of drunk driving incidents among college students. This drop can be attributed to the programs that have been in place for the past couple few years. Ten campuses in California participated in these establishing these programs that was funded by a $750,000 grant from the state Office of Traffic Safety. The goal was to have drinking and driving drop 5 percent and they certainly met that goal. Overall, there was a 14.6 percent drop in alcohol-related incidents.

FYI: San Diego State has a GAMMA (Greeks Advocating the Mature Management of Alcohol) chapter that is dedicated to creating awareness and educating students about safety issues.

Also, Jonathon Morgan of ParentDish has a helpful post titled Drunken College Students Don’t Need to Drive Home. Here’s his advice:

“You could always walk, or call a cab (the $5 you'll spend on a cab ride is way less than the repairs on a totaled car, or the court fees you'll pay after your DUI arrest), or use one of the designated driver services your campus operates…”

My advice would be to call a cab for a fellow student or friend even though they say that they’re ok to drive home. Better yet, find another friend who hasn’t been drinking to drive them home - no matter how much the person who was drinking protests.

Are you a student who has been charged with drunk driving in San Diego? Do the smart thing and hire a professional San Diego DUI lawyer to represent you!

11-Year-Old Caught Drunk Driving

2007-07-06T21:54:00.000-07:00

Some interesting news has been circulating the web lately - like this story about an 11-year-old girl who was caught drunk driving. The girl was supposedly was on her way to pick up her sister at a concert the night she led the police on a high-speed chase. The car ended up flipping over and police were shocked to discover the young girl behind the wheel.

Shock…that’s definitely the perfect word to describe how I felt as I read this news story. When I was eleven years old I had no idea what it meant to be drunk and I sure as heck didn’t dare attempt to drink and then drive.

Some wonder where the parents were during this whole incident and were they the ones who taught this girl to drive? Still others say that her parents should be arrested as well. Needless to say this girl has some serious issues.

This brings me back to this notion of teaching kids about the consequences and dangers of drunk driving at an early age. Hmmm…maybe five-years-old really isn’t that young to start the conversation, eh? I found out that back in the 80’s, the New York Police Department started a program called “Safetyrama” which educated children from kindergarten to second grade on traffic safety and the effects of drunk driving. Now imagine if every school district in every state had that same type of program. Would things be different now? I certainly think so.

Unfortunately, many of us still haven’t learned that drinking and driving is dangerous. If you’ve been caught with a DUI in San Diego, make sure to hire a lawyer who truly cares about helping you!

Related Post:
Drunk Driving Education Is the Solution

Other related resource:
Preventing Drunk Driving

Cletis Gordon Educates Kids About Drunk Driving

2007-06-30T17:05:00.000-07:00

Well, someone out there in the NFL is certainly paying attention to what's going on these days. I just came across an article over at SignOnSanDiego.com which talks about how Cletis Gordon has used his little brush with the law to help educate kids about drunk driving. Gordon was pulled over for drunk driving in the Gaslamp Quarter awhile back, but was released because he passed the sobriety tests. The incident has opened up his eyes and has given him perspective on life. Now he's collaborated with MADD and talking to high school kids and at Boys & Girls Clubs. Here's what he said about his incident:

“That night, I did have a couple of drinks, but I never would get behind the wheel drunk. Never. I was sober. I've never been in any trouble in my life. I never got in trouble in high school or college. I have no history of this; that's why I'm doing this now. I wasn't raised like that. It's dangerous. I'm trying to help kids make better decisions.”

I'm very excited to see that there are athletes who want to give back to the community and make a difference. Ok, athletes don't have to good role models, but the ones who are...well, they're the ones who will go far in life and will be the ones we'll honor and remember.

Are you being a good role model for our youth? Are you teaching them that drunk driving is wrong?

Certainly we all make mistakes. If you've made the mistake of drinking and driving, be sure to hire a professional San Diego drunk driving attorney!

We Need More Public Service Announcements on Drunk Driving

2007-06-29T20:53:00.000-07:00

Here's a Public Service Announcement of Lindsay Lohan with Simple Plan telling us not to drink and drive. A very short, and in my honest opinion, very ineffective message. But then, any message is better than no message at all, eh? What would have been a better PSA is the group explaining why drinking and driving is wrong. Perhaps Lohan could have been a little more serious - and not acting as if this little announcement was a big joke. Simply telling us your name and holding up a peace sign isn't compelling enough for people to listen.

LindsayLohan - Don't Drink And Drive PSA
Uploaded by philcage

Judging from the comments left over at The Superficial, not too many people are fond of Lindsay Lohan. She's already ruined her reputation and credibility with all the rumors of her doing drugs, so who would really take her seriously? And let's just forget about Paris Hilton doing a PSA...Now how about someone like Justin Timberlake doing a PSA? He's someone that young people look up to.

I came across another public service announcement over at YouTube that was done for a TV/Film class. Now, this video is much, much better at illustrating the dangers of drunk driving.

We definitely need more PSA's during TV show commercials. I think if these PSA's are heard enough times, then maybe they'll be ingrained in people's minds.

If you've been caught drinking and driving, make sure to hire a dedicated San Diego DUI lawyer to help you with your case!

Things To Know About a DUI Arrest

2007-06-28T22:04:00.000-07:00

Being pulled over for drunk driving can be a little stressful, but it's important to remember the details of what happened during the arrest. Keep in mind that the case against you is all based on the report that the policeman filed. Officers take a course especially for DUI arrests and are taught to take notes of everything that happened from the beginning when they first observe a suspect up until the time the suspect is taken to the police station and given a chemical test. Basically everything that you do and/or say can be used against you during trial. In California you don't have a right to speak to an attorney until after you've submitted to a blood or breath test.

Many people wonder if they can represent themselves in court...and although you could represent yourself, it's not advisable unless you know the law inside and out about drunk driving! Drunk driving is a very complicated issue and a lawyer can help you with all the different procedures, information gathering, and all the paperwork! Hiring a lawyer will save you so much time and headaches...

If you've been charged with drunk driving in San Diego, make sure to hire a San Diego DUI lawyer that specializes in DUI/DWI cases!

Ignition Interlocks For First Time Drunk Driving Offenders?

2007-06-27T21:56:00.000-07:00

It goes without saying that there is a huge problem in the U.S. with regards to drunk driving. In this blog I've proposed a couple solutions to stop drunk driving including teaching our kids the dangers of drunk driving at an early age or more TV commercials warning people about drunk driving. Well, I came across the Orlando Car Accident Lawyer Blog where I found out that back in 2005 the state of New Mexico was the first to require ignition interlock devices on first-time drunk driving offenders. Since implementing this requirement, the statistics show that New Mexico has had fewer drunk driving-related accidents.

One would think that this would cost the government quite a bit of money to have these installed for every drunk driver, but New Mexico is actually requiring the convicted offender to pay for the device. Some say that a more effective solution would be to revoke drivers licenses, however, I think people would still continue to drive. With the ignition interlock device, at least the car wouldn't be drivable if the person was drunk.

It would be interesting if the government would require all the automobile manufacturers to install the interlock on all new cars. Of course, the older cars wouldn't have them, but at least we'd know that in the future drunk driving would be less of a problem.

If you've been charged with drunk driving in San Diego, be sure to hire a lawyer who sincerely cares about helping you with your case!

Looking At the Steve Foley Case From Different Angles

2007-06-23T15:26:00.000-07:00

Scanning the news on the internet this afternoon, I have to say that there aren’t too many San Diego drunk driving news stories to report. Is it because there were actually no accidents this past week or is it because there were no sobriety checkpoints this week?

The only new report I came across - well, it actually isn’t new to many of us here in San Diego who have been following the Steve Foley drunk driving case - is that Lisa Gaut, the woman who was with Foley the day he was shot by a off-duty Coronado police officer, was sentenced to six months in jail on Friday for threatening the policeman with the car.

Now that I’ve had time to digest this story and look at it from different angles, I’m a little upset that Lisa Gaut has to go to jail. At the time this incident happened, she had no idea that this man was a police officer who was shooting at Foley. Wasn’t she simply trying to defend Foley?

Granted, Foley shouldn’t have been drunk driving in the first place, but how would you feel if some random guy chased you down to your home and then started firing at you? But then, perhaps there’s more to this story than what the newspapers say….

If you’ve been caught drunk driving in San Diego, make sure to call an attorney to help you with your case!

9 Mistakes To Avoid After You've Been Arrested For Drunk Driving

2007-06-15T23:22:00.000-07:00

Michael Richmond, a San Diego DUI lawyer, shares some mistakes to avoid when you’ve been accused of drunk driving:

1. Failing To Request A DMV Administrative Hearing.
2. Making any assumptions - like thinking that if the Breath Result Is Greater Than .080, The Case Is Lost.
3. Not putting it in Writing
4. Gather Your Witnesses
5. Hiring a DUI lawyer based on the amount of the fee alone.
6. Failure to call an exclusively DUI lawyer.
7. Failing to appear in Court.
8. Failure To Become Educated And Understand The Dangers Of A DUI.
9. Failure To Properly Evaluate The Fourth Amendment Implications On A Case.

In regards to #4, I think that is an important thing to do…get your thoughts down on paper and try to remember every single detail of the event. Do you remember the conversation that you and the arresting officer had when s/he pulled you over? Who else was around when this happened?

All of these mistakes are important, but one that really sticks out in my mind is #8 - Failing to become educated and understanding the dangers of a DUI. I think one of the best ways to become educated is to simply read information on the internet, however, talking to an experienced San Diego DUI lawyer will also definitely help.

MADD and Their “Wonderful” Ideas

2007-06-13T23:52:00.000-07:00

From the DUI Blog I learned about MADD’s new national campaign to eliminate drunk driving - an initiative to supposedly completely wipe out drunk driving. Here is what MADD is proposing:

* Intensive high-visibility law enforcement
* Full implementation of current alcohol ignition interlock technologies
* Exploration of advanced vehicle technologies through the establishment of a Blue Ribbon panel of international safety experts to assess the feasibility of a range of technologies that would prevent drunk driving.
* Mobilization of grassroots support

Isn’t this what MADD is already doing? It seems to me that nothing has really changed. Like Lawrence Taylor said, the statistics haven’t changed for 13 years, so why do we continue going through this cycle?

I also find it quite interesting that Charles Hurley, the CEO of MADD had the gall to tell Taylor that DUI defense lawyers are more concerned with their clients rights than their clients’ victims.
Now supposedly we did take defense lawyers out of the picture. Would that really and truly wipe out drunk driving? What about those people who have been charged with drunk driving but are actually innocent?

I don’t know who to give credit for this quote, but all I have to say about MADD and their “wonderful” ideas is this…”If you keep doing what you’re doing, you’re going to keep getting what you’re getting.”

Get the help you need if you’ve been charged with drunk driving in San Diego. Call a San Diego DUI lawyer as soon as possible!

How Much Does a San Diego DUI Lawyer Cost?

2007-06-12T23:28:00.000-07:00

Ok, so you’ve been caught drinking and driving and now you’re searching for a San Diego DUI lawyer to help you with your case. One of the main concerns for people is: How much is a lawyer going to cost and can I afford it?

The cost to have a lawyer represent you can vary from lawyer to lawyer and from case to case. However, there are some things you should do and consider in regards to cost before hiring one:

1. Get a quote over the phone - don’t fall prey to lawyers who require you to come into their office. They will only pressure you into hiring them!

2. Provide all the facts in the case so that the lawyer can give you an accurate quote.

3. Make sure that there aren’t any “hidden” costs.

4. Find out if the lawyer offers payment arrangements.

One noteworthy point to make: You shouldn’t hire a lawyer simply because they’re the cheapest. Think more about service quality, professionalism and experience. You want a DUI lawyer who is going to represent you to the best of their ability. Also keep in mind that there will be several court appearances and investigation costs that may come into play.

Drunk Driving Education Is the Solution

2007-06-11T22:21:00.000-07:00

As I’ve mentioned here before, I believe that one of the ways that we can really make a difference and decrease drunk driving incidents is to start educating kids at a very young age about the dangers of drinking and driving.

However, the question comes to mind: At what age should we start telling our kids that drunk driving is bad? Would five years old be too young?

It’s refreshing to read about teenagers at Gatehouse Academy, a residential drug and alcohol center for young adults age 17-25, who created a mock drunk driving accident. They staged crushed vehicles and injured people in front of the school, then set off the fire alarm inside the school. When students and staff went outside, they saw the scene - unbeknownst to them that this was just a staged display.

“Our hope is that the Wickenburg High School students will take the memory of this event with them and think before getting into a vehicle where alcohol and drugs are involved” stated Kent Sherman CEO of Gatehouse Academy, “We consider it our duty to help spread this message”.

IdiotBrain offers a similar solution regarding this drinking issue:

“Regardless of all the efforts, and money spent, it seems as though this extreme legal drinking age hasn’t solved the problem. All the millions of dollars that tax-payers are spending, would more affectively be spend on education. I believe that the age should be lowered to eighteen, and then all this money could be better spent on educating our youth on drinking responsibly…”
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If you find yourself in the unfortunate situation of being charged with drunk driving in San Diego, be sure to hire a professional San Diego DUI lawyer!

Paris Hilton Is "Reassigned" To Her Home

2007-06-07T23:03:00.000-07:00

Well, this comes as no surprise... Miss Paris Hilton, the one person whom everybody is buzzing over, was released from jail today and will serve the rest of her sentence at home.

My initial reaction was anger. What kind of message is this sending to people? Then I got to thinking about all the emotional trauma that Paris has undergone because of this. First it was the nasty video tape that circulated around the world and now this...She has become the butt of every comedian's jokes and many people are making money off her latest scandal.

I wouldn't doubt that Paris is going through some serious medical issue - which was the main reason for her release from jail and being reassigned to her home with an ankle bracelet. Everyone is speculating what the actual medical condition really is - everything from a nervous breakdown to a rash on her body have been mentioned.

Do you think that Paris has learned her lesson and should be able to get house arrest? Is this preferential treatment? Is this an open invitation for everyone who has been charged with drunk driving to be able to use this excuse to get the same sentence?
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If you've been charged with a DUI in San Diego, be sure to hire a professional San Diego DUI lawyer to help you with your case!

Source: Reuters

Life Saving Lessons on Oprah

2007-06-04T15:15:00.000-07:00

On last Friday’s Oprah show, the topic was “Life-Saving Lessons” where a company came on to share their story about a drunk driver who had killed a member of their family. It was almost two years ago that Lisa and David got married and on the same day had to say goodbye to their niece, Katie.

Lisa and David’s family was in a limousine heading home when they were hit head on by a driver who was going the wrong way on the highway. The drunk driver, Martin Heidgen, was reported to have 14 drinks in his system the night his car struck the limousine and killed the limo driver as well as little Katie.

Lisa and David came on the Oprah show to share their story in hopes that people will become more aware of how dangerous drunk driving is. They talked about how our society doesn’t take drunk driving seriously enough and the reason that nobody is doing anything about it is because the majority of us are doing it. We don’t want it to be something that is considered as horrifying as murder - when in actuality that is what is happening. Some of these people are getting behind the wheel and killing people…It may not be intentional, but it’s still devastating.
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If you've been arrested for a DUI in San Diego, contact an experienced San Diego DUI lawyer.

Isn't It Time For Tougher Drunk Driving Laws?

2007-05-30T14:47:00.000-07:00

It seems like everytime I check the news for drunk driving incidents, some famous face or person of high authority is being splattered across the front pages.

Today I turn on the TV and this time it's Lindsay Lohan being scrutinized about her DUI arrest. The news broadcasters were going back and forth wondering why she didn't do this or why she isn't getting help. The only question that comes to my mind is, What good is going to come from talking about Lindsay Lohan and her DUI arrest for thirty minutes? Are kids going to learn from her example? Obviously Lindsay didn't learn from Paris Hilton or any of the other celebrities who have been picked up on drunk driving lately.

In the sports category, we have the owner of the Lakers, Jerry Buss, who was arrested this past weekend near San Diego. This is the statement that Buss gave:

"Although I was driving only a short distance, it was a bad decision and I was wrong to do it. It was a mistake I will not make again."

Isn't that what they all say?

All I can say is that we really need tougher drunk driving laws. It's obvious that people aren't learning from other people's mistakes, so something else needs to be done.

Have you been caught drunk driving in San Diego? Be sure to call an experienced San Diego DUI lawyer to help you!

Another Study Proves Cell Phone Talking is Just as Bad as Drunk Driving

2007-05-29T23:04:00.000-07:00

If you wanted more proof that talking on your cell phone is just, if not more, dangerous than drunk driving, check out this news story. Researchers at the University of Utah have done a study and discovered that yappin’ and driving is just as bad as drinking and driving.

You may recall the post I did last year about the show Mythbusters and the study that they did. Then there was the lady I was driving behind who was eating, talking on the phone AND watching TV while driving. She was literally weaving back and forth between the two lanes and I swore that she was drunk driving!

Thank Goodness that the bill to ban cell phones while driving will take effect July 1, 2008. Why it takes so long to implement a bill, I don’t know. However, the study done in Utah has prompted the city and county of Salt Lake to ban employees from using phones in the work vehicles.

Here are some other interesting statistics that I came across over at Thoughts From a Management Lawyer:

A survey of 1,200 drivers found that 73 percent talk on cell phones while driving.

The risk of accidents is four times higher when a motorist is using a cell phone

The Virginia Tech Transportation Institute and the National Highway Traffic Safety Administration found that almost 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event. Cell phones were a factor.

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If you need help with your drunk driving case in San Diego, make sure to call an experienced San Diego DUI lawyer!

Memorial Day Drunk Driving and Thoughts

2007-05-27T18:48:00.000-07:00

It’s Memorial Day weekend and many of us will be out enjoying this wonderful San Diego weather. With tons of bars in the beach areas, I’m sure they’ll be packed full of people who just want to relax and have fun this three-day weekend.

However, let’s not forget why we have this holiday in the first place. It’s to honor those who have served in the war or are serving right now. As you raise your glasses to toast the weekend, make sure you remember those who can’t enjoy these same liberties. Also, remember not to drink and drive!

So far I haven’t read any stories about fatalities from drunk driving here in San Diego - so we can be glad for that. CBS reported that there were 103 DUI arrests - which was less than last year.

During these holiday weekends traffic increases on this blog and I’ve noticed that people are searching for sobriety checkpoints in San Diego. Does it mean that they have plans on drinking and driving and want to know where these checkpoints are? If this is you - do not do it!

Moreover, every weekend like this one the CHP beefs up patrol cars. Can you imagine what would happen if they did this every weekend? Do you think that would reduce drunk driving incidents by a significant amount?

Well, if you do happen to get caught drunk driving this weekend, make sure you hire a San Diego DUI lawyer!

Don't Drink and Drive Boats or Golf Carts This Summer!

2007-05-21T22:51:00.000-07:00

Think that you can only be arrested for drunk driving when driving a car? Think again. Did you know that you could be charged with drunk driving in a boat? How about a golf cart?

Well, that’s what happened to a man in Wisconsin this past weekend. He was driving a golf cart when he made a sharp turn. Another man was thrown from the cart and suffered severe head trauma.

Here are a couple statistics on drunk boating around the country:

Last year in Illinois there were 18 deaths and 79 boating accidents due to drunk boaters.
Missouri has the highest number of arrests for boating while intoxicated.

With many boaters in San Diego heading to the ocean these days to enjoy the gorgeous weather on San Diego Bay, it’s important to know the consequences of driving a boat while drunk…

The penalties in San Diego County for this type of action are just as severe as driving an automobile. There’s possible jail time, DUI fines, DUI programs to attend as well as driver’s license suspensions. Also, did you know it’s also illegal to drink and ride a jet ski or any other type of watercraft?

If you’ve been caught “drunk boating” in San Diego, call an experienced San Diego DUI lawyer to help you out!

The Paris Hilton Saga Continues...

2007-05-15T13:14:00.000-07:00

As if we don’t get enough of her drama-filled life, there’s quite a bit of buzz around the internet about Paris Hilton and her 45 day sentence - a little too short of a jail stay, but I guess we’ll take what we can get, eh?

When a friend told me that Paris Hilton had asked Governor Schwarzenegger for a pardon, I didn’t believe it. Do you know how upset I would be if the governor told her Yes? Schwarzenegger is smarter than that. I know he wants to make an example out of her. Just because you have money, it doesn’t make you any better than the unknown person who has also been caught drunk driving.

Supposedly Hilton’s psychiatrist says that she is “distraught” and “traumatized” by this whole event and that going to jail will affect her mental condition. Of course, going to jail will affect anyone’s mental health, but she should have thought about that before hand!

Let this be a lesson to all of those celebrities and people with money who think they can do whatever the heck they want. If you drink and drive, you will have consequences! Let’s hope that Paris will be able to just take some time out and reflect on her life and realize how bad of an example she sets for young girls out there…

Make sure you always have an experienced San Diego DUI lawyer on your side if you’re ever charged with drunk driving!

California Is Better At Combating Drunk Driving?

2007-05-14T17:16:00.000-07:00

According to ScrippsNews, the state of California can teach other states a thing or two about highway safety. Our “Golden State” has employed highly effective initiatives when it comes to combating drunk driving - or so it seems.

An example given in the article is the Fresno Police Department and their tactics on targeting areas with higher than average occurrences of impaired driving. In fact, the Fresno Police Department has won national recognition for their campaigns including weekend traffic checkpoints. Funding for these campaigns comes from the federal government.

Shouldn’t other states have equal access to this funding as well? Although it’s perceived that California has more resources, I don’t think that’s an excuse not to take the steps to improve the drunk driving situation in other states. If the state has the statistics to prove they need funding, shouldn’t the federal government oblige?

I wonder how California could be doing better when there supposedly has been an increase in drunk driving fatalities within the past eight years…Well, come to find out - because there are so many people in this state, the percentage of fatalities to miles driven are actually lower than other states. California has recorded .52 fatalities for every 100 million vehicle miles traveled. (How they come up with these statistics, I have no idea!)

If you find yourself caught in the unfortunate situation of drunk driving in San Diego, make sure to call a professional San Diego DUI lawyer as soon as possible!

Steve Foley Charged With Misdemeanor DUI

2007-05-10T13:13:00.000-07:00

Former San Diego Chargers player Steve Foley has pleaded guilty to a misdemeanor charge for impaired driving the night he was shot by an off-duty police officer. Foley has been sentenced to five years' probation, a $1,756 fine and he also has to appear at a Mother's Against Drunk Driving Event.

Foley's attorney said this in a statement, "He (Foley) has taken responsibility for the crime he committed, the system has imposed the proper punishment on him, and now it's time for the officer and the city of Coronado to take responsibility for what happened that night."

Foley has filed a complaint seeking damages from the Coronado police officer who shot him as well as the city of Coronado.

What do you think? Is Foley's punishment justice enough? Would the consequences have been different if he had killed somebody? Do you think his punishment is going to stop him from drinking and driving in the future?

Just like many incidents concerning a celebrity and drunk driving - this too will be thrown back in the corners of our mind in the next couple weeks...until someone else gets caught and sets yet another example. Don't these judges know that unless they start coming down harsher on people that they'll continue to drink and drive?

If you live here in San Diego and need help with your drunk driving case, contact a professional San Diego DUI lawyer as soon as possible!

Celebrities Setting Good Examples...Of What Not To Do

2007-05-06T23:50:00.000-07:00

Thousands upon thousands of us are watching Paris Hilton who has been sentenced to 45 days in jail for her drunk driving incident awhile back.

Hilton supposedly didn’t know that her license was suspended and part of me wants to believe her because she probably has people driving her around most of the time!

I’ve been seeing more and more and more celebrities getting caught for drunk driving which makes me wonder if this is a sign to us. These people are setting the example of what not to do.

Do you think people are listening? Or have we become jaded by all the media attention that these celebrities are getting? Personally, I’m tired of turning on the TV to see yet another celebrity face splattered on the screen for things that they have total control over.

We all have control and the choice of whether or not to get in that car even though we know we’re drunk. Haven’t we learned from Mel Gibson, Paris Hilton, Steve Foley, the rap star Eve, Busta Rhymes?…And the list goes on and on…How many more celebrities have to get caught or die before we get the picture?

Do you have an experienced San Diego DUI lawyer on your side if you ever get caught driving under the influence?

Lisa Gaut: Learn From Her Example

2007-04-30T23:36:00.000-07:00

Well, the big news for San Diego this past week was that Lisa Maree Gaut, the woman who was with Chargers linebacker Steve Foley during last year’s incident with the off-duty officer, was charged with assault with a deadly weapon and driving under the influence.

Gaut was the passenger in the car when the off-duty officer tried to stop Foley on the suspicion of drunk driving. They ended up in front of Foley’s home and during a confrontation Foley was shot three times. Gaut got into the car and allegedly drove towards the officer to try and run him down. The officer was a rookie cop who failed to show Foley and Gaut his police badge.

All of this wouldn’t have happened if Foley wasn’t drunk driving and speeding on top of that! Now Gaut must face the consequences as will Foley when he goes to trial on May 7th.

Like many others, these two didn’t think about the consequences when they decided to get in the car that day. It’s my hope that people out there will read this and learn from this example. It’s just now worth it!!

If you’ve been caught drunk driving in San Diego, make sure you hire a professional San Diego DUI lawyer to represent you!

Is the Alcotest Reliable?

2007-04-30T12:22:00.000-07:00

Over at the Bob Ingle Blog, Bob asks the question Is New DUI Tester Any Good? He’s referring to the Alcotest which has replaced the Breathalyzer in some parts of the country - more notably New Jersey where 21 counties are using it to some degree.

The Alcotest, developed by Draeger Safety Diagnostics, has two technologies built into it - infrared spectroscopy and electrochemical cell technology. It takes a breath sample and measures a person’s BAC (blood alcohol level) at the same time. The operator, or person administering the test, simply punches in the defendant’s name, birth, the date of arrest and asks the defendant to take deep breaths.

The Alcotest is supposed to be more accurate than the breathalyzer, but of course, there are people who are skeptical. We have to remember that again, this is a man-made machine. It’s not going to 100% perfect, right? However, the director of the National Traffic Law Center says that the science behind the Alcotest is “solid”. She said, "If you have science involved, it's relatively easy to make things look murky. Anyone familiar with the science used in breath tests is very confident in the results."

Well, now 10,000 people in New Jersey are waiting to see if the Supreme Court will rule whether or not the Alcotest is indeed accurate…I’ll keep you posted!

If you’ve been convicted of drunk driving in San Diego, be sure to hire a reliable and experienced San Diego DUI lawyer to represent you!

Source: BusinessWeek

Athletes Still Get Away With Drunk Driving

2007-04-25T17:50:00.000-07:00

The San Diego Union Tribune published a list of NFL players who have been arrested or given a citation since 2000. The Pittsburgh Football blog notes that one-third of the incidents involved drunk driving. A significant number? Oh, yes!

Now, some people may argue that what these players do off the field is their business, but let me hear that same argument when it’s YOUR loved one who is killed by one of these NFL players!

However, it’s not only the NFL, it’s major league baseball too! Last month St. Louis Cardinals manager, Tony La Russa was found passed out at the wheel of his SUV after having one too many drinks. His bail? $500!

Ryan Klocke of the The Orion Online (go Chico!) says this about La Russa:

“Just because La Russa managed his team to a World Series doesn't mean he should get a free pass or be greeted with cheers. He broke the law, and like it is always said in so many drunken driving incidents, he could have killed somebody.”

The priorities of the NFL and many of the professional sports leagues are out of whack. As long as we keep going to the games and idolizing these players, I’m sure the commissioners could care less whether or not these players are drunk drivers.

See Related Post:
Celebrity Athletes in the DUI Spotlight

If you’ve been caught drunk driving in San Diego, make sure you have an experienced San Diego DUI lawyer on your side!

San Diego Border Patrol Agent Charged With DUI

2007-04-20T19:21:00.000-07:00

Let this post be a warning to those of you who work in law enforcement - that goes for border patrol agents as well…

A border patrol agent here in San Diego was sentenced this past week to three years probation for evading police and driving under the influence. Thomas Joseph Dwyer was off duty when he was pulled over and registered at having a blood alcohol level of .16 percent - which is twice the legal limit in California.

Dwyer requested a misdemeanor charge but it was denied by the judge. Of course! Someone of Dwyer’s position should have known better - ya’ think? It’s like one of those situations where these guys say, “Do as I say and not as I do.” Yes, we’re human and we make mistakes, but when you take on a career as someone with authority, you have to walk the walk - and that means carrying yourself with dignity and integrity both on duty and off duty.

Let me get off my soapbox….

However, isn’t it interesting that these types of stories keep happening more frequently lately? Or maybe I just haven’t paid enough attention. Regardless, it’s time for the government to be stricter about who they hire!

If you’ve been convicted of drunk driving here in San Diego, make sure to hire a professional San Diego DUI lawyer!

News Source: NBCSanDiego.com

Angie's Law Addresses Hit and Run Drivers

2007-04-15T12:54:00.000-07:00

There's a new bill that is being proposed that will increase the penalties for repeat hit-and-run drivers. It's Assembly Bill 1200 and is called "Angie's Law". It's named after Angelina Padilla who was killed two years ago by Robin Brady. Brady had numerous DUIs and a previous hit-and-run incident, however the sentence was only four years and eight months in prison. Angelina's mom, Kathy Padilla, wants to see change and I don't blame her. Four years and eight months isn't long enough if you've killed somebody because you decided to run away and not face your responsibilities. Ok, perhaps their intention wasn't to hit and kill somebody, but they did intend on drinking. You have choices and unfortunately some people make the wrong choice - but they should own up to their mistake.

I also came across this little news blurb at The North County Times related to this. An 82-year-old man was jaywalking on the 2400 block of Market Street when he was hit by a car. The driver fled the scene and San Diego police are on the hunt for the driver. In this case - who's to blame? The pedestrian who decided to jaywalk or the person who hit him and fled?

If you need help with your drunk driving case in San Diego, call a San Diego lawyer who specializes in DUIs!

Source: 10News.com

Former San Diego Deputy Sheriff Sentenced For Drunk Driving

2007-04-14T22:53:00.000-07:00

A former deputy sheriff has been charged with eight years in prison for a drunk driving incident in which his truck crashed into a tow truck. The tow truck driver and the person he was helping was seriously injured. I'm a little surprised that he received such a long sentence, but perhaps the court wants to make an example out of him? My guess is that he'll get some years shaved off for "good behavior".

James P. Costello was a 12-year sheriff's department veteran. You would think that he would know better than to drive around with a blood alcohol level of .22 percent. Yes, that's almost three times the legal driving limit here in California. However, Costello admits to being an alocholic and is now attending a rehabilitation program.

One of the victim's wife was in court and she expressed her disappointment in the Lemon Grove Sheriff's Department because she felt that they were equally as responsible for not "taking the keys away" from him.

I feel that every person should take responsibility for their own actions - even though Costello's fellow deputies may have been able to do something to help him. You cannot monitor someone 24/7 and if someone wants to drive - well, they will find a way.

It's important to have a good support system if you are an alcoholic. However, if you find yourself in a bind, make sure you hire an experienced San Diego DUI lawyer!

Sources: 10news.com & NBCSandiego.com

Every Fifteen Minutes Could Save a Life in San Diego

2007-04-12T18:19:00.000-07:00

Siskiyou County in Northern California has decided to implement a new program to teach kids about the consequences of drinking and driving. The program is called “Every 15 Minutes” and is centered around the statistic that one person dies every fifteen minutes. It started in Canada and Spokane, Washington was the first city in the U.S.

According to Chief Martin Nicholas of the Weed Police Department, “We haven’t had a fatal accident involving a juvenile DUI. Like the DARE program, I feel that 'Every 15 Minutes' has been effective in reaching young people.”

Read more about the program at the Siskiyou Daily News...

I did a search to see if there was any programs in San Diego that are similar to the one in Siskiyou County and discovered this one that was started by Naval Station San Diego. This one isn’t target towards kids, but it has a similar name, “Every 15 Minutes --- Think Before You Drink”.

MADD has put out programs for students which I do support. However, what I do not like is that schools have to purchase these classroom packs. For some reason I always thought that MADD was a nonprofit organization. Shouldn’t they be providing these types of resources for free?
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Remember that you have a professional San Diego DUI lawyer on your side if you ever get caught drunk driving in San Diego!

Steve Olson's Thoughts on Drunk Driving in America

2007-04-11T12:28:00.000-07:00

Steve Olson has a great post about America’s Drunk Driving Dilemma. He’s taken on a different perspective than most people and it’s definitely worthy of discussion - as you’ll notice from the many responses he received.

There’s one point he brought up that I never thought of and that is people don’t want a pub within walking distance from the home. Wouldn’t it be nice to be able to just walk to a bar after work, have a couple drinks with the neighbors and then have a nice stroll to the house? Steve mentioned that people in Europe do this - why not America? I do wonder though if this would cut down on the drunk driving. Part of me says no and part of me says yes.

What do you think?

I also agree that mass transit is worthless. Here in San Diego many of the buses don’t run late at night, so if you wanted to go to the club or bar you have to drive. Well, you could take a cab, but who wants to pay $50 for a cab? The majority of the bars are far from residential areas. Another thought that comes to mind is: Will people take mass transit if the city made it available for people who have been out drinking?

Read more over at Steve Olson’s blog...

Remember that drunk driving is a serious issue and if you have been caught drinking and driving in San Diego, make sure you call a professional San Diego DUI lawyer to help you!

Drunk Driving and the Illegal Immigration Issue

2007-04-06T18:33:00.000-07:00

There’s an interesting thread over at Patterico’s Pontifications on the subject of illegal immigration and drunk driving. Recall a past post I did asking if illegal aliens causing the most drinking and driving deaths and my thoughts with regards to imposing stricter laws.

You have to check out this heated argument, or should I say, fight between Geraldo Rivera and Bill O’Reilly on the issue of illegal immigrants and drunk driving. It’s a very sticky situation and one that’s not going to be easy to solve.

We can all agree that taken separately, each issue is a problem in and of itself. Some argue that if there were less illegal aliens, then there wouldn’t be such a problem with drunk driving. These people should be deported if they’re caught drunk driving. Shouldn’t they be deported regardless of what they’ve done? I mean, they are here illegally. (I’m playing devil’s advocate here and personally don’t really care too much about the “illegal alien” issue. In a way I believe that there shouldn’t be any borders, but that’s a whole other topic of discussion...)

Overall, what do you think should be done about drunk driving?

If you live in San Diego and need the help of an experienced San Diego DUI lawyer, contact Michael Richmond!

San Diego Votes on Ignition Interlock Device

2007-04-04T11:31:00.000-07:00

San Diego is continuing its efforts to stop drunk drivers which includes installing a breath-testing ignition interlock device on the cars that they drive. The bill was voted on by the Board of Supervisors this week. We’ll just have to see whether or not it will work!

Before starting a vehicle, the convicted drunk driver has to pass the breathalyzer test and subsequent breath samples randomly after the car has been started. When I first read the North County Times news article, I wondered how they could prevent someone from simply borrowing a friend’s or family member’s car to go out and drink. Furthermore, does the system ask for a breath sample while the person is driving? Wouldn’t that be distracting?

However, did you know that severe dieting can make you appear as if you are drunk? The Food & Health Skeptic shares a story of a 59-year old non-drinker who registered positive for alcohol after blowing into the ignition interlocking device. It seems that when fat is broken down faster than normal, a chemical reaction takes place which produces isopropanol, a secondary alcohol.

Would this make for a solid defense if someone is pulled over by the police? You would need to talk to a DUI lawyer to get an answer to that. If you are here in San Diego, make sure you contact an experienced San Diego DUI lawyer.

What Programs Will Work to Combat Drunk Driving?

2007-03-27T09:54:00.000-07:00

The District Attorney’s office in Sacramento is starting to crack down on repeat drunk drivers who fail to make their court appearances. Starting today two investigators will begin focusing on picking up these drunk drivers because they have found that they contribute to about 58% of alcohol-related traffic fatalities. The program is being funded by a $372,000 grant from the Office of Traffic Safety.

Let’s hope that the state does something more to help these people instead of just throwing them in jail again. The DUI numbers are increasing, so this is a sign that something more needs to be done.

Back in 1997, San Diego started a similar program called the San Diego Traffic Offenders Program (STOP). This program included plain clothes officers following repeat offenders out of the courthouse, arresting them and impounding their car if they got in a car and drove off. According to the National Highway Traffic Safety Administration, the program was successful in reducing fatal and injury collisions overall.

I’m not sure if the program has continued until this day, but it’s something that they should still be doing, right?

It’s still hard to determine what program is going to help solve the problem of drunk driving. Will it be harsher sentences? Innovative technology? DUI checkpoints? Counseling? Or a combination of everything?

If you or someone you know needs help with their DUI case in San Diego, call an experienced San Diego DUI lawyer!

Source: Sacramento Bee

Operation Green Mile in San Diego

2007-03-20T17:18:00.000-07:00

For many college students this week is Spring Break and you know what that means - many parties and more drinking especially for those students who can go across the border to Tijuana and drink legally.

Well, police started a countywide DUI crackdown starting this past weekend. It’s called “Operation Green Mile” and officers were on patrol with some going undercover in bars and others watching over DUI checkpoints. Most of the patrols will center in the areas of Carlsbad, Pacific Beach, downtown San Diego, and by the border. These extra officers will be on patrol for several weeks.

Over at the North County Times is the news blurb about Operation Green Mile and someone left this comment:

"There is such a fine line with being drunk in public...a dui is one thing, but do the bartenders have a breathalizer for every patron that they serve, where do you draw the line? How can half a dozen employees be responsible for and babysit fity or more people?? I think they should definately crack down on the DUI arrests, but overserving someone is the cops opinion against the bartenders, who is right?? Of course the cop will be!"

I feel that the cops should be there to simply make sure that people who are intoxicated do not get behind the wheel. However, yes, it would be hard to determine whether or not a bartender is over serving a customer.

What are your thoughts on this?

Remember to have a good San Diego DUI lawyer on your side if you ever get caught in a drunk driving scenario!

Jason Barber Shares His Drunk Driving Lesson

2007-03-15T21:03:00.000-07:00

“Drunk driving is not an accident...drunk driving is a CHOICE” -- Jason Barber

I’ve always believed that everything happens for a reason and that nobody’s death is in vain. When something bad happens to us, there is always a blessing in disguise. This is the case with Jason Barber. I came across Jason’s website, The Consequences of Drunk Driving and read his story. Jason was sentenced to six years in jail when his car crashed while he was street racing while under the influence of alcohol. His 15-year-old brother died and Jason has been paying for it ever since.

Well, Jason has used this experience and turned it into a positive thing. Sometimes it takes a huge tragedy like this for people to wake up. Jason is using his story to teach others and I commend him for it. He now travels everywhere speaking to teenagers and young adults and is in the process of writing a book. He’s even been here to San Diego and spoke at the Miramar Naval Air Station.

I know that there are many programs out there that educate young people about drinking and driving, but I feel that it isn’t enough. The parents are responsible for continuing to emphasize the importance of not falling into peer pressure.

If you’ve been caught drinking and driving here in San Diego, make sure you seek the help of a professional San Diego DUI lawyer!

Lame Excuses For Drunk Driving

2007-03-14T21:49:00.000-07:00

Once in awhile you come across some random story that you can’t just ignore. It must be shared. We all need a laugh once in awhile, right?

This story comes from Montana where a 42-year-old man by the name of Phillip Holliday told officers that a unicorn was driving when his car crashed into a street light. Now I’ve heard of excuses such as “...It was only one drink!“ but “Officer, it was the unicorn that was driving!“ is just way out there! Well, it’s obvious the man was desperate or on drugs as well. He’s out of excuses! Holliday has had four previous felonies, 35 misdemeanors and 53 traffic violations. If there’s one man who needs to be behind bars for a very loooong time, Holliday is the man. Get him behind bars before he kills someone!

This makes me wonder if we’ll start to see more people using their prescription drugs as an excuse for why they were driving recklessly. God only knows that every other person is probably taking drugs these days. Combine that with one drink and I’m sure it will spell disaster.

Don’t make any stupid excuses about why you were drunk driving! Make sure you hire an experienced, professional San Diego DUI lawyer to help you get your facts straight!

It’s About Time! 20-Year Sentence For Drunk Driving

2007-03-14T00:04:00.000-07:00

A 24-year-old man is being sentenced to 20 years in prison for killing two high school students while he was drunk driving. Greg Ullrich of Colorado will serve as an example and a reminder to all on the consequences of drunk driving.

Some may view this as a pretty harsh sentence, but I feel that someone needs to step up and be made an example of. People need to see that this type of behavior will no longer be tolerated in our society.

The Sentencing Law and Policy Blog has some strong opinions on this topic including:

“If we really believe that the death penalty is justified by its ability to save lives through its deterrent impact, shouldn't we seriously consider using the ultimate penalty against drunk drivers? Surely many lives likely could be saved as a result of only a few high-profile executions.”

I completely agree that we should really get tougher on drunk driving and also do wonder why we spend so much time worrying about wars and what not, but we still have yet to make a strong stand on drunk driving. Drunk driving is something we’ve come to “accept” just like sex and violence on TV.

What do you think?
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If you need a good San Diego DUI lawyer to represent you, contact Michael Richmond - a laywer who is upfront with you and will tell it like it is!

A Third DUI Brings Felony Charges

2007-03-07T21:17:00.000-08:00

A new law in Michigan is keeping drunk drivers behind bars. The new law is called Heidi’s Law and the bill was signed earlier this year. If a drunk driver is caught for the third time, the state is able to charge them with a felony. Mark Blumer, a Chief Assistant Prosecutor says that it’s the only way to deal with drunk drivers.

Mark Blumer: "We have drunks killing people in this county and in this state every hour of the day, and the only way to get their attention, or at least get them off the road, so they don't kill anybody else, is to put them behind bars."

But what happens when these drunk drivers get out of jail? They’re going to go back to their old ways unless the state mandates counseling for these repeat offenders. So, I beg to differ with Blumer that putting them behind bars is the only way to deal with them. It’s only a temporary solution and we need to start thinking long-term when it comes to helping people.

However, drunk driving penalties here in San Diego are quite complex and there are a number of things that the court looks at including:

1) having a prior conviction
2) speeding over the limit
3) having a child in the car
4) refusing to submit to chemical testing
5) weaknesses in the case as determined by a defense attorney

If you are charged with your third DUI in San Diego, your license could be suspended for a year and your vehicle could possibly be confiscated.

Make sure you get an experienced San Diego lawyer to help you with your case!

Source

More Restaurant and Bar Owners Incorporate Alcohol Training

2007-03-04T13:57:00.000-08:00

Do you think that restaurants and bar owners have a responsibility to their customers when it comes to serving them alcohol? As a restaurant or bar owner, it can be a tough decision when the customer you’re serving has a big bill. Will it be greed that gets you in trouble or do you have the conscience to let the customer know that enough is enough? After all, what if that customer did drive home and ended up in an accident? Do you care?

Now there’s a new program called the ServSafe Alcohol program where people can learn the physiology of alcohol intoxication, how to recognize it, and how to handle cutting off service to intoxicated customers. I’ve mentioned before that here in San Diego County, National City has required alcohol servers to take a class. Now if we could just get more cities to adopt this program.

On the other side of this coin is the chance that a customer could leave the bar or restaurant and go somewhere else - let’s say a friend’s house - and drink more. There’s no way to prevent that from happening. It would be up to someone else to stop that person from driving home drunk.

Nonetheless , I feel that every little effort to help stop drinking and driving is worth it. What do you think?

If you’ve been caught drinking and driving in San Diego, get the help of an experienced San Diego DUI lawyer...

Source

Photo Credit

Ohio Man Gets Maximum DUI Sentence and California DUI Programs

2007-02-28T22:53:00.000-08:00

Once again I have to ask the question: How many DUIs does it take? This little news tidbit says that a man in Ohio will get 16 and a half years for his 20th DUI!

Jess Brown has the worst record in the state and was sentenced by the judge for the maximum sentence allowed by Ohio law. Brown’s first DUI conviction was back in 1977 and his license was suspended in 1991. Obviously he still kept driving despite the suspension. Heck, they should have revoked his license, not suspend it!

Brown pleaded with the judge: “I have a problem with alcohol. Let me get treatment instead of perishing in a cell.” The treatment should have been mandatory after the first DUI conviction.

Speaking of, I discovered the California Association of Drinking Driver Treatment Programs which certifies the hundreds of DUI programs throughout California. You can also find alcohol and drug counselors at their website.

Nonetheless, I realize that we can’t make people go to counselors and we can’t make them stop drinking if they don’t want to. This is something that each person has to decide for themselves. They have to set their own intention to stop drinking.

If you live in San Diego and need help with your drunk driving case, contact San Diego DUI lawyer, Michael Richmond! Learn more about a San Diego DUI program at SDSU

San Diego County Implements SCRAM Device

2007-02-27T14:01:00.000-08:00

The San Diego County Board of Supervisors have voted to make repeat drunk drivers wear SCRAM ankle bracelets (which I’ve talked about before here).

"This county, I believe, must be as aggressive as we possibly can in addressing the devastating problem of drunk driving which continues to cause countless amounts of damage and more importantly ruins lives," county Supervisor Dianne Jacob said.

Initially the county will distribute 20 of these devices to the worst drunk driving offenders in San Diego county. According to this news source, San Diego has the highest occurrence of DUIs with 13,281 DUI convictions in 2005 and almost 500 offenders with three or more DUI convictions.

Po Bronson had some thoughts on the use of this new technology:

But we also started thinking how nice this technology is for the friends of the offender, who no longer have to be in the constant role of policing their buddy. And many of the offenders have said they actually like having the SCRAM as a legcuff. Why? “It gives me a golden excuse to avoid peer pressure to party,” said one. They no longer have to utter those uncomfortable words, “I don’t want to.” They get to say, “I can’t.”

Will this SCRAM device actually lower drunk driving incidents in the county? Only time will tell. But why distribute only 20 devices? Who’s to say that the other 400 or so offenders won’t continue to drink and drive?

If you’re a repeat DUI offender in San Diego, you need an experienced San Diego DUI lawyer to represent you!

Related Post:
Is the SCRAM Device Unreliable?

Drunk Driving: News, Notes and Commentary

2007-02-24T22:10:00.000-08:00

There are a couple things I’ve come across in my readings that I want to share today...

First there's this little news blurb with this statement:

Trooper David Wilbur said, "They are just as dangerous if not more so dangerous because they do it all the time. The typical DUI offender offends 80 times a year."

80 times a year? That’s like playing Russian roulette 80 times a year! Think about this: Every time you get in the car drunk, you have a one in 80 chance of getting into a car accident. The odds are pretty slim but seriously, do you even want to take that chance?

Second issue - the topic of punishing drunk drivers. The Becker-Posner Blog talks in detail about whether or not “harmless” drunk drivers should have severe punishments. Posner says:

“But punishing just the ones who kill might be more efficient--there wouldn't be as much need for policemen, there would be fewer trials and prison terms, and probably many drunk drivers are quite harmless, for it is unlikely that everyone who drives while drunk has an equal probability of causing an accident. In general, heavy punishment of fewer people is chaper than light punishment of more people.”

This statement has given me some food for thought. What if we did just have heavy punishment for the ones who kill people? Would that be more effective in deterring drunk driving? Would no punishment for those who are caught driving under the influence cause more people to drive drunk?

What are your thoughts?
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If you need a San Diego DUI lawyer to help you with your case, don’t hesitate to call Michael Richmond! 1-877-638-4435

US Airways CEO Pleads Guilty to DUI

2007-02-23T16:48:00.000-08:00

When you’re a high-profile person who runs a multi-million dollar company, you should be extra careful about what you do, right? Well, it’s clear that US Airways CEO didn’t think about the consequences of his actions when decided to drive 65 mph in a 45 mph and be drunk on top of that.

Doug Parker has accepted responsibility for his DUI charge in a Scottsdale, Arizona court. Parker will spend 24 hours in jail, was fined $1,646.25 and has to receive alcohol screening at the Center for Recovering Families.

Harsh sentence, you think? I hardly think so. Well, from what I read in the comments section, it looks like this is Parker’s first offense. So, was it ok to have a light punishment? I think punishments for first time offenders should be slightly harsh - that way it scares them enough not to do it again.

I do applaud Doug Parker for owning up to his mistake, despite his attorney‘s advice. Perhaps all the publicity surrounding this incident will humiliate him enough so that he thinks twice about doing it again.

A person like Parker needs a professional DUI lawyer to represent him. If you live in San Diego and need a professional San Diego lawyer, visit: http://www.sandiego-dui-lawyer.com

Hat tip to Consumerist and Aircrew Buzz

3 Tips To Help You Find a Good San Diego DUI Lawyer

2007-02-13T20:03:00.000-08:00

There are many, many San Diego DUI lawyers out there and it can be a little overwhelming trying to find someone you can trust. Here are a few tips to help you weed out the good ones from the bad ones:

1. Make sure that the lawyer you talk to deals exclusively with DUIs. Stay away from lawyers who are "accident lawyers", "personal injury lawyers", "bankruptcy lawyers" etc. Not to say that these are bad lawyers, but they are not focused on helping people with DUIs and may not know all of the laws that deal with DUIs in San Diego.

2. Find someone you feel comfortable talking to. After you've talked to a lawyer and don't feel like you "clicked" with them, then chances are he/she isn't the lawyer for you. Listen to your "gut" feeling. Most of the time, you're right.

3. Make sure the San Diego DUI lawyer you talk to is a member of the Better Business Bureau and that they have a clean record. If something goes wrong, you can file a complaint with the Bureau and that complaint will be public domain. That lawyer then has an obligation to resolve the situation or that complaint stays on their record. A smart lawyer doesn't want their good record tarnished!

Talking Urinals to Stop Drunk Driving?

2007-02-12T20:53:00.000-08:00

People are starting to get creative with all these different devices to combat drunk driving. A man named Richard Deutsch invented a talking urinal device that delivers a recorded message to people in bars or restaurants:

"Hey there, big guy. Having a few drinks? It's time to call a cab or ask a sober friend for a ride home."

The state of New Mexico has already ordered 500 of these talking urinal cakes at $21 a pop. However, if the idea spreads then the bars and restaurants will have to pay for future orders.

The question then would be, how do you monitor progress of this program? Sure you could see if drunk driving incidents decreased after these devices are installed, but if you know anything about doing research studies you know that you can’t come to a definite conclusion without a controlled environment. Who knows if something else was actually causing the decrease?

Either way I think it’s a unique idea and what do we have to lose by trying it out? If the power of suggestion means anything, then these little devices should get into the heads of men - uh, no pun intended.

We’ll have to see if California decides to try these devices. Until then, make sure you get advice from a San Diego DUI lawyer if you’ve been accused of drunk driving!

Source: The Albuquerque Tribune via The Agitator

San Diego Drunks...Er, Um, Chargers

2007-02-07T17:52:00.000-08:00

In my weekly search for interesting drunk driving news to talk about, the headline of this article over at SignOnSanDiego.com caught my attention:

“Kiel cited for urinating outside downtown club”

Yes, the Chargers are at it again. Terrence Kiel was cited for public urination a few weeks ago outside a downtown club. Does he really think that just because he’s a Charger that he can do anything he wants? Is this his way of showing disrespect to the city that he’s supposed to be representing?

However, I digress from the main topic of this blog - and that is DUI news and information, right? So, in other Charger news...

Cletis Gordon will not be charged with drunk driving, but his file will remain open according to a city attorney spokeswoman. Yes, she knows better to keep it open because most likely it will happen again ;)

Ryan Krause’s DUI is still under review...

Hmmm...who’s next, I wonder?

As a San Diegan, it’s a little embarrassing that these guys are the ones who represent our football team. I don’t give a hoot how good they are as players. When are people going to pay attention to how serious this problem is? Will they take action if someone dies?

If you like to drink and drive like the San Diego Chargers do, make sure you have a professional San Diego attorney on your side :)

Tips For Those of You Who Will Party During Superbowl

2007-01-31T17:15:00.000-08:00

Alan K. Fertel, the chair of the sports and entertainment practice at Ferrell Law, released an article titled “Staying On the Field and Out of Jail: A Player’s Guide to Super Bowl XLI” in which he offers his top ten tips to athletes and entertainers who will be staying in Miami. Here are a few tips I’d like to mention that are related to this blog:

(1) Take a chauffer everywhere. No worry about DUI, no liability insurance problems and a ready-made chaperone.

(4) Avoid public intoxication. Social drinking is fine if you are of legal age, but public intoxication will hurt your reputation and increase the chances that trouble will follow.

You would think that with the amount of money that many of these celebrities make, they would at least have a chauffer to call on any given day that they decide to go out and party. However, needless to say, just because one is a celebrity and has money doesn’t mean logical and wise decisions are made!

To all of you who will be partying Super Bowl weekend - BE SAFE! Don’t make stupid mistakes ;) I know, I know, many of you San Diegans could care less about the Super Bowl, but if you do go out and watch the game somewhere and have had a little too much to drink....call a cab!

By chance you do need a good San Diego DUI lawyer, call Michael Richmond...1-877-638-4435

Is the SCRAM Device Unreliable?

2007-01-26T20:40:00.000-08:00

Last year I talked about the new ankle bracelets for DUI offenders...I questioned whether or not they would work. A fellow blogger left a comment and directed me to the blog, SCRAM, PBT’s, Interlock, & Laws. This blog provides a great deal of information regarding the SCRAM and according to this post titled Judge Finds Scram To Be Unreliable!, a judge named Dennis Powers in Michigan discovered that the ankle bracelet lacked scientific reliability. It seems that the device has been exhibiting false readings and quite a few people have gone back to jail because of it.

Gizmo Watch wrote back in November that there are about 4,000 people wearing these ankle bracelets and 2,800 people are waiting to wear them in about 38 states. The numbers are probably higher now.

One of the problems we have in our society today is that we rely to much on technology and think that just because it’s computerized, it can’t possibly go wrong or be wrong. Oh, well the computer says this, so it must be right is the attitude we take. Whether it’s this ankle bracelet or a breathalyzer, we automatically assume that the readings are accurate.

What do you think?

If you live in San Diego and feel that you’ve been wrongfully accused of drinking while wearing the SCRAM ankle bracelet, contact a San Diego DUI lawyer to help you fight your case!

Resources To Help You With Alcohol Abuse

2007-01-23T12:47:00.000-08:00

Have you always wanted to stop drinking alcohol? For many of us, it seems to be the hardest thing in the world to do. Alcohol brings us to a happier place - a place we can go to when we’re feeling down and out. It’s a feel good place and who wants to stop doing something that makes us feel good, right?

I just came across Stop Drinking Advice, a blog that offers information and help for those who have a sincere intention to stop drinking. Here’s an interesting statement I’d like to share:

“Research studies show that inpatient treatment is the most successful way for individuals with multiple unsuccessful attempts at sobriety to succeed.”

Well, instead of simply throwing people in jail for drunk driving hoping that will scare them enough to stop...why not add psychology treatment while they’re in jail? After all, when they eventually get out, these people most likely will start the cycle all over again.

I also came across this website called AddictionSearch.com that has a listing of organizations here in San Diego that can help you with rehabilitation, mental health, and alcohol abuse.

If you’ve been charged for drunk driving in San Diego, seek the help of an experienced San Diego DUI lawyer!

If You Thought the Court System Was Out of Whack...

2007-01-21T14:38:00.000-08:00

If you’ve ever wondered if our court system is out of whack, here’s a story to confirm that the system is, in fact, just a little off its rocker. This past Wednesday Rafael Ramirez Perez showed up in court to change his guilty plea. He was accused of drunk driving and killing a woman when his car crashed into hers back in early October.

The day that he was supposed to be sentenced, Perez told the judge that he was “misadvised” by his attorney and has since hired a new attorney to represent him. Perez originally pleaded guilty to two counts - second degree murder and causing great bodily injury. He was to face 21 years to life in prison.

So, suddenly Perez changes his mind and that’s supposed to be ok? Is Perez going to try to pull a not-guilty plea? If so, what sense does that make? He already admitted to guilt. There shouldn’t be any if, ands or buts about it.

What do you think? Is it fair?

If Perez changed lawyers, this means that he didn’t have a competent lawyer in the first place. He should have done some research and found an experienced and professional San Diego lawyer to help him with his situation.

Source: NBCSandiego.com

More Technology to Combat Drunk Driving

2007-01-18T20:44:00.000-08:00

Not too long ago I talked about new technology that will detect whether or not a person is drunk - like the new breathalyzer phone by LG. Well, the Alcohol Countermeasure Systems Corp. in Canada has just signed a deal with Volvo to build the Alcolock breathalyzer system in the company's cars. The product will be installed in cars that will be sold in Sweden next year.

Another company that is adopting technology to combat drunk driving is Toyota. It has developed a steering wheel that uses sensors to detect whether or not someone is intoxicated. Skin sensors on the steering wheel will determine if someone is intoxicated and if so, the car will not start.

It will be interesting to see if this type of technology will make its way to the U.S. If so, there will probably be an extra charge. Will people be willing to pay extra for this type of feature on their car? I doubt it. If this is concept is really going to work, then the government has to make it mandatory that this technology be included on all cars.

Any thoughts?

Have you been caught in the unfortunate circumstance of drunk driving in San Diego? Contact a professional DUI lawyer to help you with your case!

Source: Globandmail

The Consequences of Underage Drunk Driving

2007-01-15T15:57:00.000-08:00

As of January 1, 2007, over 900 laws became effective in the state of California, among them is the zero-tolerance policy for underage drinking. If someone is caught with a blood-alcohol level of 0.01 percent, they could be charged with a criminal offense. 0.01 percent is about the equivalent of having one beer.

Will this deter teenagers from actually drinking? I don’t mean to be pessimistic, but I doubt it. Keep in mind that most young people think that they are invincible - nothing can happen to them, right? And how many young people pay attention to laws anyways? Do they even know that this law existed? I sure didn’t until now.

I came across this post over at the Maryland Accident Law Blog and learned about how the state of Maryland has started a law that if an underage driver is caught drunk driving, their license will be revoked for one year. In the state of Wyoming an underage driver cannot drive a car with a BAC of 0.02 and higher - otherwise they will be fined up to $750 for their first offense and have their license suspended for 90 days. A second time offender could be fined and spend up to a month in jail.

What will work? It’s hard to say. I think the harsher the penalty, there’s more of a chance that people will pay attention. What do you think?

Have you been caught drunk driving in San Diego and are under the legal age? Contact a San Diego DUI lawyer to help you with your case!