San Diego DUI Lawyers Blog

Ignition Interlock Devices Deter Repeat Drunk Driving Arrests

March 11, 2011 | The Law Offices of Susan L. Hartman

Ignition interlock devices, or IID’s, were found to prevent repeat DUI offenders, according to the Centers for Disease Control and Prevention. “Re-arrest rates for alcohol-impaired driving decreased by a median of 67 percent relative to drivers with suspended licenses.”

IID’s are devices that can be installed in vehicles to prevent someone from operating a vehicle with a blood alcohol concentration (BAC) above a specified level. The driver blows into the machine, a breath sample is taken, and if the BAC is above the stated level, the car will not operate.

Currently, California courts may require a person convicted of a first DUI to install an ignition interlock device on any vehicle the person owns or operates, pursuant to Vehicle Code Section 23575. This penalty is more likely if the driver’s blood alcohol concentration was .15 percent or higher, if the offender had two or more prior moving violations, or if a chemical test was refused.

California is also conducting a pilot program under Vehicle Code Section 23700, which became effective July 1, 2010, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare only. Upon conviction of any drunk driving offense in those counties, the offender is required by the Department of Motor Vehicles, DMV, to have a certified ignition interlock device installed.

With this recent CDC study showing the effectiveness of the IID programs, you can expect the California pilot program will be expanded in the future to all California counties with the hopes of preventing repeat DUI’s.

Online Sources:

CDC Says Ignition Interlocks Work In Reducing Drunk Driving: stlamerican.com
Ignition Interlocks Reduce Alcohol-Impaired Driving: cdc.gov

San Diego MADD Recognizes Deputy Sheriffs For DUI Arrests

March 9, 2011 | The Law Offices of Susan L. Hartman

The San Diego chapter of MADD, Mothers Against Drunk Driving, gave awards to eight San Diego Sheriff’s Deputies today for their efforts in arresting drunk drivers.

The patrol area and the deputies are as follows:

Encinitas: Deputy Brenda Weibe;
Encinitas: Deputy Dave Toner;
Imperial Beach: Deputy Rob Siegfried;
Lemon Grove: Deputy Felix Santiesteban;
Poway: Deputy Aaron Meleen;
San Marcos: Deputy Tammy Bennetts;
Santee: Deputy Laura Shands; and,
Vista: Deputy Kenneth Werner.

These officers were responsible for over 700 drunk driving arrests in 2010. Deputy Toner made 187 of those DUI arrests and he will also receive the MADD California Hero Award at another MADD event in Sacramento on March 26th.

These awards were given just two weeks after it was announced that Officer Alicia Chudy of the Chula Vista Police Department would be receiving the MADD California Hero Award for her 85 DUI arrests last year.

Online Source:
Mothers Against Drunk Driving Honors Deputies:10news.com
Chula Vista Police Officer Receives MADD Award: signonsandiego.com

El Cajon Sting Nabs Drivers With Suspended Licenses Due To DUI

March 3, 2011 | The Law Offices of Susan L. Hartman

La Mesa Police conducted a sting operation at the El Cajon Courthouse looking for those driving with a suspended license due to drunk driving, according to lamesa.patch.com.

Once convicted of driving under the influence, the court usually places the person on probation, their license is suspended, and they are ordered to attend a meeting that is hosted by MADD, Mothers Against Drunk Driving. The three hour sting was at the courthouse where MADD panel meetings take place.

13 drivers out of 171 that were contacted were alleged to be driving on a suspended or revoked license. They were issued a citation, their cars impounded, and a hold was placed on the vehicles.

Under Vehicle Code Section 14601.2, if you are convicted of driving with a suspended or revoked license due to a DUI, the penalty for a first offense is a mandatory minimum of 10 days in jail and a fine of $300 – $1000. The penalty for a second offense within five years is a mandatory minimum of 30 days in jail and a fine of $500 – $2000.

These stings are conducted approximated four times a year. They are funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

DUI Charges For Former MADD President!

February 28, 2011 | The Law Offices of Susan L. Hartman

hypocrite.mug.jpg Former MADD President, Debra Oberlin, 48, was arrested and charged with driving under the influence in Gainesville, Florida, on February 18th, according to gainesville.com.

She was driving erratically, swerving and crossing lanes, when she was pulled over at 1:10 a.m. Supposedly, Oberlin smelled of alcohol, had bloodshot eyes, and admitted to drinking four beers.

She took two breath tests which allegedly showed her blood alcohol content to be .234 and .239. This is almost 3 times Florida’s legal limit of .08.

Oberlin was the MADD chapter president in Gainesville for three years in the 1990’s. MADD stands for Mothers Against Drunk Driving and their mission statement, according to their website, is “to stop drunk driving, support the victims of this violent crime and prevent underage drinking.” She earned this mug!!

No one is immune from drunk driving charges, not even a MADD Chapter President!! If you drink alcohol and you drive a car, you are at risk to be stopped, investigated, and charged with drunk driving.

Driving Under the Influence Charges For Major League Baseball Star

February 25, 2011 | The Law Offices of Susan L. Hartman

cabrera.bobblehead.jpg DUI is suspected after Miguel Cabrera, first baseman for the Detroit Tigers, was stopped in St. Lucie, Florida on his way to training camp on February 16th, 2011.

When approached by the cops, he picked up a bottle of Scotch whiskey and started drinking it. It is further alleged that he had an odor of an alcoholic beverage on his breath, bloodshot eyes, and slurred speech, according to UPI.com. He was charged with drunk driving and resisting arrest and is scheduled to be arraigned on March 16th.

Alcohol abuse has been a problem for Cabrera in the past. In 2010, he entered an alcohol treatment facility after an domestic incident that led to his arrest and a chemical test that showed he was three times the legal limit of .08% blood alcohol content. After this recent DUI arrest, Major League Baseball’s doctors and specialists recommended he enter another treatment program.

Cabrera has not explicitly admitted to having an alcohol problem; however, he has had two alcohol related incidents that involved law enforcement within the past sixteen months. If he has a California driver’s license, the DMV could refuse to issue or renew his license if it is found that he is “incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.” (California Vehicle Code Section 12806(a).)

Stopped For Drunk Driving, Breath Or Blood Test Results Over .08%, Plead Guilty?

February 22, 2011 | The Law Offices of Susan L. Hartman

not guilty.jpg You are pulled over by a police officer suspected of driving under the influence. You take a breath or blood test. The result — .12 (or even higher). You are over the legal limit of .08% blood alcohol content (BAC) and you are arrested and charged with Vehicle Code Section 23152, driving under the influence of alcohol.

You ask yourself, “Should I just plead guilty? Do I need to hire an attorney?” You should never plead guilty at the arraignment stage. And yes, you need to hire a skilled, exclusively DUI defense attorney.

It is never recommended that a person plead guilty at the arraignment. At this early stage, the discovery documents are not available to the defendant or the defendant’s attorney. DUI defenses become apparent during the discovery phase of the case.

Even though the chemical test results showed you were over the legal limit, you may still have defenses in your case. Before you can even consider your breath or blood test results, you have to evaluate the prosecution’s entire case against you.

A skilled trial attorney will review all the discovery documents, evaluate the prosecutor’s case, and advise you on any defenses. Appropriate motions may be filed, which can result in your matter being dismissed or reduced.

Since a DUI conviction will be on your driving record for 10 years, it will be used as a prior to enhance the penalty of any other drunk driving cases you may pick up during that time period. Therefore, it is important to aggressively fight to get the case reduced or dismissed.

Vista Judge Sentenced Drunk Driver For Deaths Of Two In Escondido

February 18, 2011 | The Law Offices of Susan L. Hartman

A north Escondido DUI accident lead to a guilty plea and subsquent sentencing in a Vista courtroom on February 17th, according to 10news.com.

Oscar Tinoco, 19, plead guilty to several DUI charges including drunk driving, driving with a blood alcohol level of .08 or higher, hit-and-run, and gross vehicular manslaughter on October 13, 2010. His blood alcohol concentration (BAC) was .08 percent two hours after the collision. It was estimated that his BAC was .12 or .13 when he was actually driving.

This drunk driving accident was part of a mutiple car wreck on northbound Interstate 15, near the Gopher Canyon Road onramp at 4 a.m. on Oct. 10, 2009. A sleepy driver rear-ended a Jeep and they stopped on the right side of the road. Tinoco then drove his car into the Jeep, knocking one of the passengers off the overpass killing him. Tinoco fled as another car ran into the accident scene, hit the guardrail, went airborne, and rolled down an embankment killing the driver.

The Vista judge sentenced Tinoco to 15 years in state prison.

Online Sources:

DMV’s License Suspension Set Aside, Breath Test Inaccurate

February 15, 2011 | The Law Offices of Susan L. Hartman

The California Department of Motor Vehicles (DMV) suspended Derek Brenner’s license after he gave a breath sample that read .08 percent blood alcohol concentration (BAC). However, Mr. Brenner challenged this ruling and won, according to the San Francisco Chronicle. cartoon.dmv.jpg

During the DMV Hearing, he presented a forensic toxicologist’s report that claimed the breath testing device consistently overstated blood-alcohol levels by 0.002 percent. Since the test result is only given in two decimal places, the actual result could have been has high as .089 percent, but as low as .078 percent, which is below the .08 BAC limit.

A Superior Court judge set the suspension aside. That ruling was upheld by the First District Court of Appeal in San Francisco in October 2010, and the State Supreme Court denied review of the DMV’s appeal. The court stated the DMV must show that Brenner’s blood alcohol was over the legal limit of .08 percent. Once he presented evidence that the readings were too high, “The burden shifted back to the department to prove the test was nonetheless reliable.”

This ruling opens the door to future challenges by drivers facing a license suspension due to a DUI where a breath sample was taken and the result of such test is at or near the legal limit of .08 percent.

If you have been charged with a DUI, you only have 10 days from the date of the arrest to contact the DMV to schedule a hearing to challenge the suspension of your license.

If you are over the age of 21 and this is your first DUI, or your first one within the past 10 years, the DMV will automatically suspended your license for 4 months after the 30 day temporary license expires. Once you have completed a 30 day hard suspension, you may be eligible for a 5 month restricted license once you provide the DMV with proof of insurance, proof of enrollment in an approved alcohol treatment program, and you pay all the DMV fees. This restricted license will allow you to drive to, from, and during work and to and from the alcohol treatment program.

If this is a second or subsequent DUI within the past 10 years, there is a one year license suspension and you are not eligible for the restricted license.

If you refused to take a blood alcohol test, the consequences are greater. There is a one year license suspension for the first offense; a two year revocation for the second; and, a three year revocation for three or more refusals within a ten year period. If you refused to take a BAC test, you are not eligible for a restricted license, even if it is your first offense.

San Diego Drunk Driving Patrols Net 160 Arrests For DUI

February 12, 2011 | The Law Offices of Susan L. Hartman

drink and cuffs.jpg San Diego DUI patrols resulted in 160 driving under the influence arrests during the Super Bowl weekend, according to the San Diego Sheriff’s Department. No deaths have been linked to drunk driving.
Included in this statistic are the nine people who were arrested on suspicion of driving under the influence during the checkpoint that occurred in the 1800 block of Olivenhain Road in Encinitas on the Saturday night before the Super Bowl. Of the 1,891 vehicles that drove through that checkpoint, 1,217 were contacted, and 77 were sent to a secondary inspection.

In San Diego County, DUI arrests increased by 18.5 percent over the same two day period of the Super Bowl weekend last year. In 2010, there were 135 DUI arrests and one death in a suspected drunk driving incident.

Lakeside Woman To Stand Trial For Alleged DUI in Alpine

February 10, 2011 | The Law Offices of Susan L. Hartman

Lakeside resident, Kathleen Lucinda Sloan, 20, had a preliminary hearing in El Cajon Court on February 9th, according to 10news.com. She is accused of being under the influence of an over-the-counter medication, driving, and then crashing head-on into another motorist in Alpine on November 1st, 2010. Sergio Chan Mora, 54, of National City, was killed in the crash.

El Cajon Judge William McGrath ordered Sloan to stand trial on second degree murder and other charges on March 28th. She faces 15 years to life in prison if convicted of second degree murder.

Preliminary hearings pertain to felony cases. It is usually held within 10 days of the arraignment or when the defendant enters a plea, whichever is later. At the hearing, the prosecutor must present sufficient evidence that there is probable cause to believe a crime has been committed and this defendant comitted it.

If probable cause is shown, the judge will hold the defendant to answer in the trial court. The prosecutor then has 15 days to file the information with the trial court and within 60 days the trial will begin unless time is waived.

If the judge finds that there is not sufficient evidence, the case is dismissed. The prosecutor may refile the case as long as there has not been two dismissals unless an exception under Penal Code Section 1387 applies.