San Diego DUI Lawyer Blog

A 21 year old man was arrested on suspicion of felony driving under the influence early Friday morning after fleeing the scene of a head on collision he caused after driving on wrong side of the road.

The accident happened on Medical Center Drive near East Naples Street in Chula Vista shortly after 2:00am, according to police LT. Daniel Hardman. The driver slammed head-on into the car of an unidentified nurse who had just got off work at Sharp Chula Vista Medical Center.

She suffered major injuries and had to be extricated by firefighters after being trapped in her car. She was taken to the trauma center where police said she was in critical but stable condition.

The hit and run driver fled the scene after the incident occurred, but was taken into custody a short time later after witnesses led police to his home. He was arrested on suspicion of felony driving under the influence and felony hit and run, according to Lt Hardman.

Driving Under the Influence in San Diego County

A judge may suspend you license if you are convicted of hit and run driving. In California it is unlawful for any person who has a 0.08 percent or more, by weight, of alcohol in his blood to drive a vehicle. If you operate a vehicle while driving under the influence or DUI and are apprehended you are sure to face a fine as well as jail time if you are convicted.

Wrong-way driver causes head-on collision Sign on San Diego

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Continue reading " Chula Vista Man Arrested for Suspected DUI after Head on Collision " »

During a preliminary hearing today at the Vista courthouse, Judge Runston Maino decided that there was enough evidence presented by prosecutors to order John Francis Sudac of Carlsbad to stand trial. After searching Sudac’s car CHP officers found Marijuana and a Marijuana pipe.

Sudac 27, who was arrested for DUI, is facing charges of felony manslaughter, felony hit and run causing death, and possession of Marijuana after a hit and run accident on January 4, 2009 around 1:00am that caused a SUV to roll over killing a pregnant woman.

The Carlsbad man was said to be driving erratically, speeding and swerving in and out of traffic in his Nissan Altima on the 5 freeway just north of Lomas Santa Fe Drive when the fatal accident occurred. According to witness Lacreisha Wells, she slowed down when she saw Sudac’s car because she thought he was a drunk driver. About 30 seconds later, she said, she saw the crash up the road.

Sudac who allegedly fled the scene after crashing into the back of a Ford Explorer causing Yine Gonzalez 24, of Tijuana to be partially ejected from the vehicle as it rolled over several times. Gonzalez and her unborn child died at the hospital. Her husband, 5 year old daughter and two relatives were treated for minor injuries.

Sudac later turned himself into police, He has pleaded not guilty to charges. Sudac is out of custody on 200,000 bail could face 11 years in prison if he is convicted. The judge also ordered that Sudac not use alcohol or drugs.

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The Carlsbad Police arrested Lavar Toosweet McKiernan on Saturday January 25, 2008 on suspicion of driving under the influence. Around 8:20pm McKiernan was driving without headlights near Carlsbad Boulevard and State Street in Carlsbad when he nearly ran into three parked cars.

When the officers tried to pull him over he rear-ended another car driven by a 44 year old driver who was taken to Scripps Memorial Hospital in La Jolla, and then hit a telephone pole. McKiernan who was not able to drive his car after the crashes, ran on foot into the lagoon west of Carlsbad Boulevard said Lt Marc Reno.

Carlsbad police, the San Diego police helicopter and an Oceanside police dog found McKiernan hiding in 4 feet of water in the lagoon. McKiernan was trying to drown the police dog by holding and pushing him underwater, but was quickly apprehended by the Carlsbad police. He was then taken to Tri-City Medical Center with injuries.

McKiernan was later taken into custody at the Vista jail, where he is being held on charges including great bodily injury while DUI, evading a police officer and attempting to harm a police dog. Bail is set at $230,000.

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There will be a crackdown on DUI offenders according to the South Bay Divisions District Attorneys office who is assigning Cally Bright to the task. For the next two years she will be solely prosecuting persons driving under the influence, particularly those offenders who have prior DUI convictions.

The California Highway Patrol, Sheriff’s Department and Police Departments of Chula Vista, National City, Coronado and San Diego will be working together adding extra DUI checkpoints, patrols and DUI sweeps for those who have warrants for their arrest.

The state Office of Traffic Safety has issued the Chula Vista Police Department a $525,000 grant which was written by Chula Vista police Agent Rusty Rea to help make this happen. “Your typical DUI offender may have driven under the influence 75 times in a year before we catch him” Rea said

With 800-900 DUI arrests in the South Bay area annually, Chula Vista police chief Rick Emerson said that there is a need for increased law enforcement and a full time DUI prosecutor. Having its own jail and police headquarters in Chula Vista, Police Chief Emerson plans to use it, no more releasing them on their own promise to appear for repeat DUI offenders.

Another part of the grant program is for more education. Calle Bright plans to visit businesses and high schools to “shift the focus from “think before you drive” to “think before you drink” she said.

At a news conference on ResourcesFriday, Bright said that the goal is “to prosecute these cases from start to finish aggressively.”

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DA getting aggresive on DUI prosecution Sign on San Diego

The San Diego Sheriff’s department wants to see increased and aggressive Drunk Driving enforcement after a rise in DUI and drug arrests over the past holiday season. They are seeking a million dollar grant from the state Office of Traffic Safety (OTS) in order to do this.

The “Winter Mobilization” is a statewide program that involves sobriety checkpoints, DUI saturation patrols, and individual department efforts throughout California. In San Diego it began on December 12, 2008 and ended on January 5, 2009. During this time Sheriff’s DUI arrests were up fifteen percent over 2007 with 664 arrests being made. There was also a 71% increase in DUI arrests made the weekend before Christmas, 2008, compared to the weekend before Christmas in 2007.

With Superbowl 2009 right around the corner, you can be sure San Diego Law enforcement agencies will to continue to aggressively enforce DUI violations throughout San Diego. Driving drunk in the state of California will result in 2 cases being charged against the offender. The first charge processed will be by the DMV and another by the court system. Although, the case against the defendant by the courts contains two separate charges. According to California DUI Attorneys these are known as the (a) and (b) counts (Vehicle Code 23152 (a) and (b). The defendant will only be punished once for both of the charges.

This is where representation from an experienced DUI Lawyer is helpful. They have the necessary resources you need if you have been arrested. The San Diego Law Center DUI Attorneys have years of experience winning DUI and criminal cases.

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Shia LaBeouf who’s been filming “Transformers 2” on the US Navy carrier Stennis off the coast of San Diego has lost his license for one year. The “Indiana Jones” and “Transformers” star had his license suspended for one year which took effect on January 17th. This is following the arrest for suspicion of Driving Under the Influence on July 27th 2008 and refusing to submit to a blood or breath test that is required by law according to the California Department of Motor Vehicles.

This happened when LaBeouf rolled his Ford F-150 while making a left turn at the intersection of La Brea and Fountain striking another car. The actor was taken to Cedars-Sinai Medical Center for severe injuries to his left hand which required extensive surgery. LaBeouf’s passenger Isabel Lucas, who will appear with him in “Transformers: Revenge of the Fallen” due out next May was not seriously hurt as well as the driver of the other car. The actor was taken into custody and later released on Misdemeanor DUI charges.

Although there was insufficient evidence to charge the actor, Sheriffs deputies said that LaBeouf was not at fault. Simon Herbert the driver of the other car was later given a citation for running a red light.

A person who has been charged with a DUI in the state of California has 10 days from the date the arrest was made to request a hearing with the Department of Motor Vehicles, if the hearing is not requested his/her drivers license will be automatically suspended for 30 days after the DUI arrest was made. Second time offenders will receive a one-year license suspension.

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San Diego Chargers wide receiver Vincent Jackson was taken into custody and released on suspected DUI charges after failing several field sobriety tests. Jackson who is on probation for a previous DUI arrest said in a brief statement released through the team spokesman that he didn’t think charges would be filed against him. However, one of the conditions of his probation is not to drive with a “measurable blood alcohol level”. Another condition of his probation is to “submit to a chemical test if requested by law enforcement”. Failure to do so could result in his driving privilege being suspended for two years. So, even if he is under the legal limit of .08 percent he could still be facing the loss of his driving privilege and some additional jail time.

Jackson was pulled over on Tuesday, January 6th shortly after 2 am on San Diego’s State Route 52 after appearing to be speeding, braking abruptly and weaving in his 2008 GMC Sierra said California Highway Patrol Officer Brad Baehr.

The San Diego Chargers wide receiver, who could be charged with misdemeanor DUI as well as probation violations, is looking forward to clearing his name and proving his innocence in the event that charges are filed against him.

This isn’t the first time the Chargers have had encounters with the law. In 2006 Steve Foley, linebacker for the Chargers was shot three times by an off duty Coronado police officer after an altercation in which Foley was arrested for driving under the influence and having a blood- alcohol level nearly three times California’s legal limit.

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Lance Cpl Quintin Garza III a 21 year old Camp Pendleton Marine was booked into Vista Detention Facility on January 1st on suspicion of driving under the influence that allegedly caused a crash that killed 29 year old Guadencio Reyes-Guaintana of San Marcos. This was the only fatal DUI in North County on New Year’s Day.

According to North County’s Fire District dispatcher and the San Diego’s medical examiner’s office both vehicles were traveling northbound just before 5:00am when they veered off a curvy El Camino Real in Rancho Santa Fe. Guaintana-Reyes the father of a newborn daughter died at the scene. Garza only had minor injuries.

On Tuesday January 6th Garza was charged with Felony DUI with Injury and Gross Vehicular Manslaughter which he plead not guilty to. At his arraignment Judge Marshall Hockett raised his bail from $200,000 to $350,000. Garza will remain in the Vista jail while awaiting his next court appearance on February 4th.

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