San Diego DUI Lawyer Blog

11 people were arrested when Officers from Chula Vista, Coronado, National City and San Diego participated in a DUI checkpoint that ended yesterday.

The checkpoint was set up on the island side of the San Diego Coronado Bridge. 11 were taken into custody for drunk driving or driving under the influence. 28 vehicles were impounded by police from people whose license was not valid.

The names of the 11 booked on DUI charges were not made public, three other people were arrested for drug crimes and taken into custody on suspicion of possessing marijuana.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehicle while under the influence of any kind of alcoholic beverage or drug.

If you have 0.08 percent or more, by weight, blood alcohol concentration, you will be charged with DUI or driving while intoxicated if arrested. You may face a fine and jail time if convicted.

A person that has been charged with driving under the influence has 10 days from the date the arrest was made to request a hearing with the DMV. If that hearing is not requested his or her license will be automatically suspended 30 days after the arrest was made.

DUI Checkpoint in Coronado Nets 11 Arrests, San Diego 760KFMB, February 22, 2009

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Continue reading " San Diego Police Arrest 11 at DUI Checkpoint in Coronado " »

There were four adults arrested when they agreed to buy alcohol from minors who were set up as a decoy for police in a sting last week.

Sheriff’s deputies from the Community Oriented Policing and Problem Solving Unit conducted a “shoulder Tap” operation last Wednesday in Encinitas.

Four minors stood outside five different liquor and convenience stores in Encinitas to ask adults who were entering the store to buy liquor for them. They told the adults they were under 21, according to the Sheriff’s Department stated in a news release.

Out of nineteen adults asked, four of them said yes they would buy the alcohol for them. They were then cited and released for furnishing alcohol to a person under the age of 21.

In an unrelated article a 41 year old woman provided alcohol at a party to a group of teenagers. An eighteen year old then got behind the wheel of a car, sped away driving under the influence crashing and killing two other teenage passengers and severely injuring the other minor passengers. The women who provided the alcohol was taken into custody and went to jail.

Driving Under the Influence of Alcohol in San Diego County

If you are under the age of 21 in California, it is illegal to buy alcohol. It is unlawful for any adult to buy alcohol for minors or to serve alcohol to minors. It is against the law for liquor stores to sell to anyone under 21 years old in California. Any adult who purchases alcohol for a minor has comminted a crime and can be punishable by jail.

Driving under the influence of any alcoholic beverage or drug in California is against the law.

If you have 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended. You could be facing fines and jail time if convicted.

Four arrested in Encinitas alcohol-buying sting, Sign on San Diego

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California DMV guidlines about DUI

SafeState- Responsible Adults Safe Teens

Continue reading " Encinitas Alcohol Buying Sting Cites Four Arrests " »

In the Vista courthouse today, a man is sentenced to 44 months in prison. On New Year’s Eve 2007 he was driving under the influence and led San Diego Police officers on a chase that ended with him jumping off the Coronado Bay Bridge with a police dog.

Vista Superior Court Judge Joel Pressman sentenced Cory Byron, 28, to 44 months in state prison which is the maximum amount of time under the plea agreement.

Byron pleaded guilty to one count each of felony evading and DUI, driving under the influence. He also has previous DUI charges from 2003 and 2005. Byron pleaded no contest to harming a service animal.

Byron who seemed drunk was seen swerving in and out of lanes in his pickup truck by Oceanside Police Officer Kedrick Sadler on State Route 76. When the officer activated his lights and siren Byron didn’t stop, instead he proceeded on State Route 76, running several red lights and hitting a car at College Avenue. He then turned South on Interstate 5, exited Pershing Drive and made a U-turn back onto the freeway according to Officer Sadler.

After driving onto the Coronado Bridge, the defendant struck a wall and got out of his vehicle. Officer Sadler said it looked as though Byron was going to run so he deployed Stryker his police dog after demanding Byron to stay put.

As Stryker was gripping the defendant’s arm it looked as though Byron was trying to fling the dog over the wall. As Officer Sadler tried to get to the dog, Byron put his leg onto the barrier and went over the side of the bridge with Stryker.

Byron was hospitalized with injuries. Stryker was buried at Camp Pendleton.

During sentencing Cory Byron admitted he was drunk. His blood alcohol level was measured at .17 four hours after the accident.

Web Related Resources

Man Who Killed Police Dog In Chase Sentenced, 10news.com, February 18,2009

Continue reading " A Man who jumped off San Diego’s Coronado Bridge Killing Police Dog Gets Prison Sentence " »

A San Diego off-duty police officer was shot at Monday night after a suspected gang member was thought to be driving under the influence.

Lon Chhay, 26, a documented gang member is being held in downtown San Diego at the Men’s Central Jail without bail. Chhay was arrested and booked on charges of attempted murder and possession of firearms.

About 8 p.m. Monday night Police Sergeant Bob Dare was driving in his own car on Interstate 5 in National City when he saw a speeding car approach him in his rear view mirror. He let the car pass thinking the man driving was DUI. The suspect suddenly braked hard and fired two shots from a handgun at Sgt. Dare’s vehicle. When the officer tried backing off the suspect then fired two more shots, said Dare.

He continued to follow the suspect while calling for back up and reporting the shooting.

A short time later police officers with the help of a police a helicopter pulled the suspect over at 45th Street and G. Chhay was arrested and brought into custody where he remains without bail.

Driving Under the Influence in San Diego County

Even though it is not clear if the defendant above was under the influence of alcohol. Driving while under the influence is against the law. In California, it is unlawful for any person under the influence of an alcoholic beverage or drug to drive a motor vehicle.

If you have 0.08 percent or more, by weight, of alcohol in you blood, you will be charged with a DUI if caught. You may face a fine and jail time if convicted.

California DMV guidlines concerning DUI

Related Web Resources

Cop Shot at While Tailing Suspected DUI Driver from his Personal Car, San Diego News 6, February 17, 2009

Continue reading " San Diego Off-Duty Police Officer Shot at While Following Suspected DUI Driver " »

San Diego has seen an increase of alcohol related crashes in young female drivers. Is it because of the rise in young Hollywood starlet DUI arrests recently? A researcher with the Automobile Club of Southern California has noted that there could be a trend here.

Researcher Steven Bloch has done a study which revealed that with the recent arrests of Nicole Ritchie, Paris Hilton, and Lindsey Lohan there has been a substantial increase in young female drivers involved in serious alcohol related crashes.

In San Diego County, Bloch said that the largest increase in fatal and injury crashes were among females driving under the influence of alcohol between the ages of 21-24. There were 110 crashes in 2007, up from 49 in 1998 a 124 percent increase, Bloch said.

Another factor in the rise is because advertisers from the alcohol beverage industry targeting young women through the products it develops and packaging if provides. “Walking through the supermarket, I saw one drink that was packaged to look like a perfume bottle.” said Bloch.

According to federal statistics, men are twice as likely as women to be involved in fatal crashes. The majority of fatal substance related crashes are from men with blood alcohol levels of 0.08 or higher.

“A lot of folks don’t realize they’re impaired when they get behind the wheel,” said Teri Kern’s operations director for Occupational Health Services in San Marcos. “There’s still a stereotype that people have to be “drunk” to get a DUI,” she said.

Driving Under the Influence in San Diego County

With young Hollywood getting DUI’s and the attention it receives from other motorists. Driving under the influence of any alcoholic beverage or drug in California is still against the law.

If you have 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended. You could be facing fines and jail time if convicted.

Web Related Resources:

REGION: Serious DUI crashes up among young female drivers, study shows, North County Times, February 15,2009

Continue reading " San Diego DUI Crashes Involving Female Drivers on the Rise " »

After being arraigned in a San Diego court yesterday, a 45 year old DUI suspect pleads not guilty to driving while intoxicated and killing a 24 year old pedestrian in Pacific Beach while she was crossing the street.

Alan Lester Mabrey had only been in San Diego for a few days before taking the life of a vibrant Emily Cathleen Dowdy while driving on a suspended license and DUI last Saturday night around 8:00pm.

Dowdy suffered massive head trauma and died 24 hours after being struck by Mabreys pick-up truck. San Diego police stated that Mabrey fled the scene, while a passenger got out of the truck to help the victim. Mabrey later returned to the accident where he was then taken into custody after being spotted in a Burger King Restaurant.

The suspect had a .22 blood alcohol level, which is almost three times the legal limit to operate a motor vehicle. He has pleaded not guilty to five felony charges, including second-degree murder. Judge David Szumowski ordered Mabrey to be held on 2 million bail.

Mabrey is also being charged with gross vehicular manslaughter while intoxicated, hit and run causing death, DUI causing death with a blood- alcohol concentration of .08 percent or higher causing death.

Mabrey has already spent five years in prison from his previous DUI. If he is convicted, he will serve a sentence of 15 years to life for the murder charge and an additional seven to nine years on the rest of the charges.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehicle while under the influence of any kind of alcoholic beverage or drug. If you have 0.08 percent or more, by weight, blood alcohol concentration, you will be charged with DUI or driving while intoxicated if arrested.

Web Related Resources

Man With Many DUI Convictions Pleads Not Guilty To Killing Pedestrian, 10 News.com

Fatal DUI Suspect Pleads Not Guilty, KUSI News San Diego

Continue reading " Drunk Hit and Run Driver Pleads Not Guilty to Pacific Beach Fatality " »

In between the hours of 6pm on Saturday February 7th and 2am on Sunday, the Chula Vista Police were out in force and conducted 18 field sobriety tests, 11 people were arrested and charged for suspicion of driving under the influence during a DUI sweep in Chula Vista. .

According to Officer Kenneth Hicks, police handed out 46 citations for vehicle code violations, 2 people were arrested on drug charges, and 19 cars had to be impounded.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehicle while under the influence of any kind of alcoholic beverage or drug.

If you have 0.08 percent or more, by weight, blood alcohol concentration, you will be charged with DUI or driving while intoxicated if arrested. You may face a fine and jail time if convicted.

Chula Vista DUI Sweep Nets 11 Arrests KFMB News 8

Continue reading " Eleven Arrests Made in DUI Sweep in Chula Vista " »

A renowned big-wave surfer who was allegedly speeding and driving under the influence has been charged after a June 6th fatal crash that killed his 24 year old passenger.

Milton Willis 52, a long time resident of Solana Beach has been charged with gross vehicular manslaughter and two counts of felony DUI. A $500,000 arrest warrant has been issued. If Willis is convicted of manslaughter he could be facing up to 11 years and eight months in prison according to Steve Walker, a spokesman for the District Attorney’s Office.

The fatal crash occurred in the early morning hour of 1:40am on June 6th, 2008 at Coast Boulevard and 20th Street in Del Mar. Willis was driving his passenger, Bradley Dillahunty’s Toyota Avalon when he lost control of the vehicle. While traveling more than 65 mph in a 25-mph zone, Willis hit a parked car, slammed into a palm tree, spun around hitting another parked car witnesses say.

Bradley Dillahunty of Laguna Beach died on impact. He was wearing his seatbelt. Willis was partially ejected from his seat. Police officers who arrived at the scene said that Willis “had the odor of alcohol on him.” The pro surfer was taken to Scripps Memorial Hospital.

Willis and his Twin brother Michael were famous for mastering very large and dangerous waves in Hawaii in the 1970’s. The two brothers currently run a surfing school in Solana Beach. They have also written several instructional and inspirational books

Driving Under The Influence in San Diego County

Vehicular manslaughter charges and DUI manslaughter charges carry more severe sentences than a typical DUI. In California, It is unlawful for any person to drive while under the influence of any drug or alcohol.

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Big-wave surfer charged with fatal Del Mar crash Sign on San Diego

Famed Surfer Faces DUI Death Charge MSNBC

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A 75 year old Chula Vista resident was hit by a drunk driver while crossing the street just before 7:30pm on Tuesday February 3rd. Police arrested Peter Dicesare of Whittier on suspicion of driving under the influence and fatally striking a pedestrian.

The incident happened in the 3100 block of Main Street in Chula Vista. While Ronald Seiler was crossing the intersection he was hit by Dicesare’s Jeep Wrangler. Dicesare was intoxicated at the time.

The 75 year old man suffered head trauma and many broken bones. He was taken to UC San Diego Medical Center where he died shortly after. Mr. Seiler is survived by his wife, reported by the San Diego County Medical Examiner’s Office.

Dicesare 45, was taken into custody by police and booked on suspicion of DUI and drug possession. His bail is being set at $150,000.

Another unrelated accident occurred Saturday night February 7th just before 7:30pm in Pacific Beach. A woman in her 20’s was crossing the street at the intersection of Mission Boulevard and Reed Avenue when a suspected drunk driver struck her.

The woman was seriously injured with severe head injuries. Alan Mabrey is expected to be charged with felony DUI.

Driving Under the Influence in San Diego County

Driving while under the influence can impair your judgment and your ability to drive safely, as in the two cases above where pedestrians where struck and killed or severely injured by DUI drivers. Vehicular manslaughter charges and DUI manslaughter charges carry much heavier sentences than a typical DUI. In California, It is unlawful for any person to drive while under the influence of any drug or alcohol.

If you have 0.08 percent or more, by weight, blood alcohol level you will be charged with driving under the influence or DUI if apprehended. You could also be facing substantial fines and jail time if convicted.

Man In Custody After Fatally Injuring Pedestrian San Diego News 10

Woman Seriously Injured by Drunk Driver in Pacific Beach KFMB News 8

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Continue reading " Chula Vista Man Dies After Being Struck by DUI Driver " »

San Diego police arrested Yuma County Judge David Cooper on December 4, 2008 after a San Diego Chargers football game for public intoxication at Qualcomm Stadium.

Since then the Yuma County’s Attorney’s Office has filed a motion wanting Judge Cooper to recuse himself from all current and future DUI cases. Prosecutors in the county attorney’s office don’t think that Judge Cooper has the ability to be fair and impartial when rendering verdicts in driving under the influence cases now or in the future, because of his arrest for DUI.

The motion states “Although his personal conduct is troubling, the relationship of that conduct to his ruling is more troubling.”

There are more than 20 cases in which the attorney’s office believes Judge Cooper did not rule fairly. In the motion which was filed in the Yuma Justice Court gives several reasons where it disagrees with the verdict in each of the cases. By recusing himself Judge Cooper can avoid the appearance of impropriety pursuant to judicial rules.

Judge Cooper said that a copy of the motion has been sent to all of the DUI attorneys who have current driving under the influence cases before him, and that they have 10 days to file a response.

So far they were not sure how many responses have been reported. The response period ends on Monday, then the attorney’s office have three days to file a reply. Anytime after that Judge Cooper can make his ruling on the motion.

In June 2001 Judge Cooper had another DUI arrest, which happened before he became a judge.

Yuma County Attorney: Judge should recuse himself from DUI cases YumaSun.com

Continue reading " San Diego DUI Arrest for Judge David Cooper " »

It happened again. The San Diego Chargers had another player arrested for DUI. This is the second time in a month. Jamal Williams the San Diego Chargers Defensive Tackle was arrested on suspected driving under the influence early last Sunday while driving on SR-94. He was pulled over for speeding.

According to the California State Highway Patrol, Williams gave a blood sample to test his blood-alcohol level. The San Diego Defensive Tackle was then taken into custody and later released. The results of his blood alcohol level have not yet been determined.

The San Diego Chargers general manager A.J. Smith said “It’s disappointing to hear about the issue involving Jamal Williams.” “We’ll continue to monitor the situation and let the legal process run its course,” in a statement through the team.

Smith also stated that “The Chargers have always been leaders and positive contributors to our community.” “We take our stature in the community very seriously. Through the Chargers and the NFL, our players help them deal with issues that affect all segments of society.”

Jamal Williams, who has been with the Chargers for 11 years was awarded this season the team’s Most Valuable Player Award that he shared with quarterback Phillip Rivers.

Interestingly, the Chargers were the first team in the NFL to implement Safe Ride Solutions. This is a program where intoxicated pro-athletes can call an off duty police officer for a ride home.

The Chargers were awarded the NFL’s Winston Shell Award for demonstrating dedication and commitment to developing innovative ideas and solutions for implementing this program.

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Chargers DT Jamal Williams faces DUI charges Sporting News

Chargers' Williams arrested on DUI suspicion Associated Press

Continue reading " San Diego Defensive Tackle Jamal Williams Booked on DUI Charges " »

Dr. Manoj Motwani, the founder of a University City laser eye surgery clinic pleaded guilty last Thursday to misdemeanor charges. He agreed to complete a 52- week domestic violence program, enroll in a drug diversion program, make restitution to the victim and pay $8,000 to a shelter for battered women.

The 40 year old laser surgeon, who founded the Alpha Laser Center in 1999 was arrested at his La Jolla home and booked on 14 counts of violating the Business and Professions Code for fraudulent prescriptions and one count of burglary for entering a pharmacy with intent to commit a crime, and misdemeanor battery on a significant other.

This all began because of an incident that happened on October 28, 2007 when Motwani allegedly beat his girlfriend Antonia Quast while driving on the 5 freeway near Clairemont Drive. A witness who saw the altercation called 911. As the fight continued Motwani fled the scene and left his girlfriend with cuts, bruises and a bloody nose on the side of the road. No arrests were made at that time.

According to Deputy District Attorney Lucy Weismantel, Quast showed CHP officers a bottle of the anti depressant Lexapro which had someone else’s name on it. Motwani is suspected of getting drugs and falsifying the names on the prescriptions. The computers at his home and at work were seized at a result of the investigations.

The University Heights laser surgeon is out on $190,000 bail. Sentencing has been set for February 24th.

Motwani also pleaded guilty earlier this week to a misdemeanor DUI in an unrelated case.

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Surgeon Pleads Guilty To Misdemeanor Charges 10 news.com

Clinic founder accused of fraud, domestic violence Sign on San Diego

Continue reading " San Diego Laser Surgeon Pleads Guilty to Misdemeanor Charges " »