Articles Posted in News, Prevention, & Studies

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4th of july drink.jpgSan Diego DUI defense attorney, Susan Hartman, warns San Diego County drivers to be aware that local law enforcement will be out in full force this 4th of July week looking for drunk drivers. In fact, the San Diego Police Department and the California Highway Patrol already started to increase their DUI patrols this summer. They conducted a sobriety checkpoint in the 4200 block of Mission Bay Drive in Mission Bay Park by on June 22nd, between approximately 10:30pm and 3:30am. Ten drivers were arrested for driving under the influence and two people were cited for having an open container in a vehicle, according to scoopsandiego.com.

The San Diego Sheriff’s Department also announced its plans to step up saturation patrols and DUI checkpoints throughout San Diego County, starting July 3rd, in an effort to curb drunk driving over the 4th of July holiday, according to 10news.com.

California Highway Patrol (CHP) announced a Maximum Enforcement Period, MEP, beginning 6:00pm on July 3rd, and continuing through midnight on July 4th. They are specifically targeting drunk driving, seat belts, and speed.

In Coronado, a drunk driving checkpoint will be conducted on Saturday, July 7th, from 6:00pm until 2:00am. The exact address has not been released.

Do not become a statistic…plan ahead. Plan on staying at the home of the party host. Designate a driver to remain sober and drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

But, if you happen to get arrested for drunk driving, you owe it to yourself to hire an exclusively DUI defense attorney. Do not just plead guilty even if your blood alcohol content (BAC) was at or above the legal limit of .08%. There may still be defenses in your case that can lead to reduced charges with less punishment, or even a dismissal!

The above blog article is by no means all-inclusive and is not legal advice. Laws and facts may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

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newpaper.jpgThis past week, there were many driving under the influence stories in San Diego. Here are the ones that made our blog…

First, San Diego Police conducted a drunk driving checkpoint in the East Village of downtown San Diego on June 9th, 2012. As a result, 16 people were arrested for driving under the influence.

You can expect with the summer upon us, local law enforcement agencies will be out in full force looking for drunk drivers. Police departments are given grants called “DUI Awareness and Enforcement Grants” by the Office of Traffic Safety in order to conduct such DUI checkpoints and saturated patrols.

In order to make sure you are not a statistic, plan ahead before heading out to your summertime party. Designate a sober driver, have a local taxi company’s phone number stored in your phone and use it, call a sober friend or relative for a ride, use public transportation, or make arrangements to stay the night at the party location.

Second, a Camp Pendleton Marine, 25-year-old Jared Hale, was charged with three counts of Vehicular manslaughter after he drove his vehicle into a tree in Dana Point on February 14th, killing three other Camp Pendleton Marines that were also in the car. His blood alcohol content (BAC) was measured at .16, as reported by cbs8.com.

Third, an Ocean Beach pedestrian’s death resulted in a guilty plea of hit and run causing death and being in possession of alcohol by a minor by a Rancho Penasquitos 19-year-old, Nikolette Gallo, on June 11th, according to fox5sandiego.com.

Gallo admitted she was driving on eastbound interstate 8 in Ocean Beach after drinking alcohol on March 11th. She thought she hit a couch, but instead she hit and killed Sho Funai, a 23-year-old UCSD graduate student. The sentencing will be held on July 26th, 2012.

Fourth, a drunk driving crash in Kensington last August injured a 4-year-old passenger. On June 12th, Albert Pruitt plead guilty to felony DUI with injury and child endangerment and will be sentence on August 7th, according to 10news.com. His BAC was measured at a .15 and .16 four hours after the crash. Pruitt was on DUI probation at the time of this incident and he is facing five to seven years in prison when he is sentenced.

And lastly, the California State Senate approved AB-2127, a bill that is known as “Roger’s Law” for Assemblyman Roger Hernandez (D-West Covina), as reported by latimes.com. This bill would make it easier for some people serving in the county jail, including those convicted of drunk driving, to qualify for programs other than work release in lieu of serving out a term in jail. The measure will have to go back to the Assembly for approval on the amendments.

Mother’s Against Drunk Driving, MADD, would like to see DUI cases excluded from this bill. Mary Klotzbach, chairwoman of the MADD California Public Policy Committee, told latimes.com, “AB 2127 decriminalizes drunk driving in California and undermines the deterrence message that incarceration provides to potential drunk drivers. As a result, this legislation compromises public safety on California roadways.”

However, with the current overcrowding situation in the California state prisons, which has forced state officials to downsize their populations by bringing massive amounts of prisoners to local jails, there is simply no room for low-level offenders in the jail and prison system. This bill should pass. Those convicted will still be punished, just not with such a long term incarceration.

If you have questions about a drunk driving case, contact an exclusively, DUI defense attorney in your area.

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judge with gavel.jpgA Temecula man, accused of drunk driving and running his vehicle into a home in Escondido on February 9th, will have a preliminary hearing today in the Vista Courthouse. Brandon Morris, 23, had a prior DUI conviction in March 2011, according to 10news.com. He is currently charged with felony drunk driving causing injury and driving under the influence with a blood alcohol content at or above a .08 percent. He is facing four years in state prison if convicted.

At the conclusion of the hearing, the judge will determine if there is enough evidence to hold Morris for a trial or dismiss the charges. It is expected that Escondido police will testify at the hearing that the defendant was traveling eastbound on Country Club Lane around 7:30 p.m., lost control of his vehicle, hit an electrical transformer, and then hit a home on Eveningside Glen. Two people were injured in the home.

In Spring Valley, a suspected drunk driver led San Diego law enforcement on a short chase which ended in an arrest for DUI and auto theft, as reported by 10news.com. This happened on Austin Drive just after midnight on Tuesday morning.

San Diego Police chased a suspected drunk driver in Lincoln Park on Friday, around 7:30 p.m., according to 10news.com. The 27 year old woman allegedly refused to pull over, struck a pedestrian in the 4800 block of Logan Avenue, and then hit an electrical box causing a power outage. She ran a short distance before San Diego Police were able to arrest her for driving under the influence and other charges.

If a person is charged with felony DUI, there is a preliminary hearing. That hearing is conducted within 10 days of the arraignment unless the defendant waives time. The hearing is held in front of a judge. The prosecuting agency has the burden to present sufficient evidence to the court to show that there was probable cause to believe a crime was committed and this defendant committed it.

Witnesses testify and the defense is given an opportunity to cross examine them. Defense cross is limited in that it cannot be used as a discovery tool. The defense may cross examine and present evidence, but only to establish an affirmative defense, negate an element of a crime charged, or impeach a prosecution witness, (Penal Code Section 866). After the hearing, the judge decides if there is enough evidence to hold the defendant to answer in the trial court, (Penal Code Section 872).

A defendant has a constitutional right to an attorney at all stages of the proceedings in criminal cases, including the preliminary hearing. If you have been arrested for drunk driving, do not delay. Contact an exclusively, DUI defense firm today to protect you and your interests.

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

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DUI checkpoints may be banned in Utah in the future. Last week the Utah House of Representatives voted to stop police agencies from conducting sobriety checkpoints because they invade people’s privacy and allow officers to stop vehicles without probable cause, according to stgeorgeutah.com. The next stop for this bill is the state senate; however, its passage will be challenged by the opposition including many representatives, residents, and, of course, Mother’s Against Drunk Driving (MADD).constitution.jpg

The United States Supreme Court stated in 1990 that the state has “a grave and legitimate interest” in stopping drunk drivers. That court ruled that DUI roadblocks did not violate a person’s Fourth Amendment rights, (see Michigan Department of State Police v. Sitz).

In California, the California Supreme Court set out criteria to determine if the DUI checkpoint was conducted in a constitutional fashion, (see Ingersoll v. Palmer).

In conducting a drunk driving checkpoint, a law enforcement agency sets up a roadblock in an area where a high rate of alcohol related arrests and accidents happen. The area must be clearly marked off with warning signs and proper lighting. The officers are in full uniform and their vehicles are clearly visible. The time and duration of the operation is decided by effectiveness and safety. The intrusiveness to each motorist should be minimal. There should be a random formula for contacting a driver and the detention should brief. The contact should be just long enough to look for signs of impairment. If impairment is suspected, the officer can continue the investigation as they then have reasonable suspicion to detain.

If the driver is sent to the secondary area for further investigation, they are often asked to get out of their car. The officer then asks pre-field sobriety test questions such as, “What did you have to drink?” “When did you last eat?” “What time was your last drink?” “Where are you going?”
The officer may also ask the driver to perform a series of field sobriety tests such as the walk and turn test, the one leg stand test, and the finger to nose test. The officer may even ask the driver to do a preliminary alcohol screening (PAS) test. This is a breath test using a portable breath test machine.

Drivers should be aware that none of the field sobriety tests, including the PAS test and the pre-field sobriety test questions, have to be answered or performed. [However, if arrested, you must submit to either a blood or breath test.] During the investigation, the officer is trying to establish probable cause to arrest you for driving while intoxicated. Doing any of these things helps the officer in their investigation and how you perform will be used against you in court if you are eventually arrested.

Be advised, if you do refuse to answer questions or perform the tests, often the officer will arrest you and you will be booked into jail.

These investigations are different than other criminal investigation. In other matters, officers are not allowed to detain a person unless they have reasonable suspicion that a crime has occurred or is about to occur. In drunk driving checkpoint cases, the officer detains a driver just for driving through the checkpoint without any behaviors that would indicate a person in under the influence for purposes of driving. Although many people agree with checkpoints and there is a lot of political pressure to continue their operation, the courts should overturn precedent and find that checkpoints do amount to an invasion of privacy and they do violate a person’s Fourth Amendment rights.

A constitutional way to combat drunk driving should be employed such as saturation patrols where law enforcement actively looks for people who appear to be DUI.

The above blog entry is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

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news.2.jpgSan Diego County has had many DUI stories in the news this past week. First, ex-San Diego Police Officer Anthony Arevalos, was sentenced for his criminal acts preying on young women in the Gaslamp Quarter of downtown San Diego. (See past blog posts regarding Arevalos’ case.) While on duty, Arevalos pulled over women drivers he suspected of driving under the influence and then offered to let them go in exchange for sexual favors.

He was arrested in March 2011 and then charged in April of 2011. Subsequently, he was terminated from his employment as an officer with the San Diego Police Department. In November 2011, a jury convicted him of eight felonies and four misdemeanors. He faced a maximum sentence of nine years and eight months in prison, but the judge gave him eight years and eight months. In addition, he will have to register as a sex offender for life, according to washingtonpost.com.

In a Vista courtroom, Brandon Morris, 23, plead not guilty to drunk driving charges after driving his pickup truck into a home in Escondido on February 9th. He is facing four years in prison if convicted, according to the nctimes.com. He is currently being held on $403,000 bail. If he does post bail, he must abstain from alcohol as a condition of his release. This incident happened while Morris was on probation for another driving under the influence matter he plead guilty to last year.

After a Mission Valley crash that killed one and left three others injured on Sunday night, the driver, Ashley Maya, 21, plead not guilty to gross vehicular manslaughter while intoxicated, DUI causing injury, and drunk driving with a blood-alcohol level, or BAC, of .08% or greater. A Deputy District Attorney commented that Maya’s BAC is alleged to be a .12, according to 10news.com. If convicted, she faces 10 years in prison.

In Kearney Mesa, a suspected drunk driver hit a parked big rig on February 15th, according to utsandiego.com. The driver was hospitalized with serious injuries.

San Diego Police conducted a drunk driving checkpoint and saturation patrol in the 4100 block of El Cajon on February 4th, according to scoopsandiego.com. Out of 971 drivers that went through the roadblock, 809 were contacted, 10 were detained for further investigation, and 1 DUI arrest was made. The saturation patrol netted 4 driving under the influence arrests.

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San Diego law enforcement will begin its drunk driving crackdown today. The increased patrols and checkpoints will continue through January 2, 2012. Local police departments have received grants from the Office of Traffic Safety, (OTS), through the National Highway Traffic Safety Administration, (NHTSA), to conduct the “Drive Sober or Get Pulled Over” campaign through the holiday season.

Before you go out to celebrate this holiday season, make sure you have a plan in case you over indulge in holiday cheer. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride. Do not be a statistic!

NHTSA announced this week drunk driving deaths were down in 2010. In fact, the 791 deaths due to an alcohol-related accident was the lowest number ever. In 2009, there were 950 deaths that were contributed to a DUI accident. OTS believes this decrease is due to their drunk driving checkpoint efforts, citing a cost savings of $6 for every $1 spent.

Millions of dollars have been spent on drunk driving enforcement. In 2009, $11.7 million was budgeted for 1,740 sobriety checkpoints statewide. Last year, that amount rose to $16.8 million dollars for 2,553 roadblocks.

DUI checkpoints are the most documented and cost the most money. Often DUI roadblocks result in only a couple of arrests for the massive amount of money and resources spent on setting up and manning these sites. Other studies show that saturation patrols cost less money, uses less resources, and result in more drunk driving arrests.

Many law enforcement departments are doing more saturation patrols. Costa Mesa Police Chief, Tom Gazsi, showed the council members that checkpoints are more of an educational service while saturation patrols take more drunk drivers off the street, according to latimes.com. Further, these patrols require half the staff which means a lot less overtime to be paid. In a time when city and county budgets are an issue, more and more agencies may move towards these campaigns over the roadblocks.

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xmas drinks.jpgPacific Beach, Chula Vista, Imperial Beach, and Encinitas had DUI checkpoints set up over the weekend. Fourteen drivers were arrested for driving under the influence, according to 10news.com.

A Pacific Beach DUI checkpoint was conducted by San Diego Police in the 1600 block of Garnet Avenue on Friday night from 10:15pm until approximately 2:00am. Ten people were cited for alleged drunken driving.

Chula Vista’s sobriety checkpoint was held on North Fourth Street from 7pm until midnight on Friday. One person was arrested on suspected drunk driving charges.

The Imperial Beach drunk driving roadblock resulted in one DUI arrest by the San Diego Sheriff’s Department. The IB checkpoint was conducted in the 1000 block of Palm Avenue on Friday night from 8:00pm until 2:30am.

Encinitas also had a DUI roadblock that was conducted by the San Diego Sheriff’s on Saturday night through early Sunday morning. Six hundred cars went through the checkpoint in the 1700 block of South El Camino Real, and only two were arrested for allegedly driving under the influence.

Even with all DUI checkpoints and saturation patrols that law enforcement conducts during the holiday weeks, some people continue to drink and drive throughout San Diego County. Drunk driving is suspected in an incident that occurred in Lemon Grove on Friday at 5:45pm, where two people were killed in a fiery crash on southbound 125 just south of I-8.

Lemon Grove resident, Justin Foulds, 39, was heading home from a work Christmas party driving his Chevrolet Silverado. He side swiped a car and then struck a Nissan Pathfinder from behind which immediately caused a fire and possible explosion. The Pathfinder was being driven by Celia Torres, 73. She was in the vehicle with her grandson, David Gonzalez, 16, on their way to a dentist appointment in Tijuana. Both died at the scene.

DUI and gross vehicular manslaughter are some of the charges that Foulds could face after being arrested by the California Highway Patrol. His bail is currently set at $500,000.

Before heading out to celebrate for the holidays, have a plan on how you will stay safe, avoid the possibility of being arrested for drunk driving, and keep San Diego citizens safe. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

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cellphone2.jpgCalifornians now believe that drivers who text or talk on their cell phone, with or without a hands free headset, are a bigger hazard on the road than drunk driving, speeding, and aggressive driving. This is according to a traffic safety survey completed by the California Office of Traffic Safety, which polled 1,801 drivers over the age of 18 in 15 counties in California.

The percentage of drivers who are worried about others using cell phones while driving rose from 18.3 percent in 2010 to 38.8 in 2011. Second on the list this year was driving while impaired with 12.6 percent of the vote. This was up from 10.1 percent in 2010. Last year, drivers were most concerned about speeding/aggressive driving and bad roads.

When asked about the biggest distraction for drivers, the percentage of those polled who believe cell phone talking and texting is considered the most distracting is up to 83.6 percent. This is up from 75 percent last year.

The OTS also stated in April 2011, that a driver’s reaction is delayed as much when using a cell phone as when their blood alcohol concentration (BAC) is at the legal limit of .08.

Many auto accidents involve a driver that is either texting or talking on the phone but the data linking accidents and cell phone use is inconclusive. Police officers often see a car that is driving on the shoulder, weaving, or driving well below the posted speed limit. The officer pulls the car over thinking they need to conduct a DUI investigation. However, once contact is made with the driver, the officer realizes that the driver is not drunk, they were talking on their phone, writing a text, or reading something online.

California Highway Patrol Officer D.J. Sarabia agreed with the survey, saying that the number one distraction for drivers is cell phone use, according to mercurynews.com.

California has had a hands-free law, (Vehicle Code Section 23123), since 2008. Since that time, CHP has issued about 475,000 tickets for violating the statute. It is estimated that local law enforcement agencies have issued about the same number of citations.

Car accidents kill and injure many people every year. Help make our roadways safer. Use your phone before or after you drive.

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turkey.jpgSan Diego County law enforcement, including the San Diego Sheriff’s Department and the California Highway Patrol, have announced drunk driving saturation patrols and sobriety checkpoints throughout the Thanksgiving holiday weekend.

The following are specific law enforcement public announcements regarding their efforts to keep drunk drivers off the road:

  • San Diego Sheriff’s Department: Saturation patrols throughout San Diego on Wednesday, November 23rd, and continuing throughout the holiday weekend.
  • San Diego Sheriff’s Department, Encinitas Station: Saturation patrols in Encinitas, Solana Beach, and Del Mar on Thursday, November 24th.
  • San Diego Sheriff’s, Court Services Division: Vista warrant sweep at the Walmart shopping center at the 1800 block of University on Friday, November 25th.
  • California Highway Patrol (CHP): Announced they received funding for their IDEA, Impaired Driving Enforcement and Apprehension, Program. They will implement their Thanksgiving Maximum Enforcement Period (MEP), specifically looking for drunk drivers and those not wearing their seatbelt, from 6:01 p.m. on Wednesday, November 23rd, through 11:59 p.m. on Sunday, November 27th.

According to CHP’s statistics, they arrested 1,546 drunk drivers during the Thanksgiving weekend in 2010, a 6% increase over the 2009 DUI arrests.

Funding for all these state and local checkpoints and saturation patrols comes from a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Statistics on DUI arrests can be found on CaliforniaAvoid.com, as the website is updated throughout the holiday season.

To avoid the possibility of a DUI arrest, holiday partiers should plan a safe way home before the festivities begin. Designate a sober driver, have a taxi company’s number stored in your phone and use it, call a sober friend or family member for a ride, or use public transportation.

Note: The above list of drunk driving roadblocks and saturation patrols is not an all-inclusive list. Many law enforcement agencies in San Diego do not post their DUI enforcement details online. However, we will continue to search for any that are published and we will update this blog accordingly throughout this holiday season.

Update: (November 27th, 2011) The San Diego Sheriff’s Department, Court Services Division, held a warrant sweep in Vista at the Walmart shopping center at the 1800 block of University on Friday, November 25th. 17 people were arrested, including some for DUI.

Update: (November 28th, 2011) 60 driving under the influence arrests were made in San Diego County by CHP between 6:01 p.m. Wednesday and 6:00 a.m. Saturday, according to cbs8.com. Last year’s total DUI arrests for the same period of time was 59. The decrease trend continued in all of California, as the CHP arrested 903 suspected drunk drivers during this year’s Thanksgiving holiday weekend throughout the state, as opposed to 975 last year.

San Diego Police and the San Diego Sheriff’s Department have not released their drunk driving statistics as of the time of this posting’s update.

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Ex-San Diego Police Officer, Anthony Arevalos, was arrested and charged, back in March 2011, with 10 felony counts including sexual battery by restraint, receiving a bribe, assault and battery by an officer, and false imprisonment involving three alleged victims. The investigation continued and more charges were filed.

It was alleged that Arevalos initiated driving under the influence investigations and then asked women suspects what they would be willing to do in order to have the DUI charges go away. One woman gave the officer her underwear and another was taken to a 7-Eleven restroom where she was sexually assaulted.

Arevalos plead not guilty and was out on $200,000 bail. The San Diego Police Department placed him on an unpaid suspension at first, but in April he was fired after 18 years with the department.

The trial lasted three weeks, according to signonsandiego.com. Seven women testified that they were in the Gaslamp when they were pulled over by Arevalos on suspicion of drunk driving. Deliberations lasted 3 1/2 days and the jury came back with a guilty verdict on 12 counts, including 4 misdemeanors, on November 17th, 2011. He was acquitted of many felony counts and lesser charges.jail.jpgAfter the verdict was read, he was immediately handcuffed and taken into custody. His sentencing is scheduled for December 19th. Arevalos will be held without bail until that date. The maximum he could serve is 10 years and 4 months.

Chief Lansdowne commented after the verdict that other San Diego Police officers had suspicions about this convict’s behaviors; however, the officers allegedly never reported this to the administration of the San Diego Police Department. Due to this failure, the public was put at risk as Arevalos was allowed to continue working on the streets with full arrest powers, carrying a badge of authority and a weapon that kills.

Seems like after all the problems that the San Diego Police Department has had this year with its officers, there is a desperate need to retrain the remaining officers on public safety, their duty to protect and serve, and their duty to report any suspicious or criminal activities of any officer to their supervisors. Failure of an officer to take their job and these duties seriously should result in the immediate loss of their job. No cop should be allowed to work San Diego’s streets unless they have respect for the people they serve.

This blog entry is a follow-up to the following stories previously posted on this site:

San Diego City Attorney Dismisses 15 Driving Under The Influence Charges, previously posted on June 13, 2011.

SD Cop Investigated Drunk Drivers Then Requested Sexual Favors, Open DUI Cases Dismissed?, previously posted on March 31, 2011.

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