San Diego DUI Lawyer Blog

On Monday at 3 a.m., Joe Joseph, member of the Redskins’ defensive tackle was arrested for driving under the influence of alcohol.

Joseph Louis Joseph, 25, was being held in custody on Monday and could not be confirmed whether or not he played for the Washington Redskins according to the Sheriff’s Department investigator and public information officer, Vincent DiBenedetto. However, the photos of Joseph on NFL.com and the Redskins team website matched the ballplayers booking photo.

Currently, there are no other details presented on the status of Joseph’s DUI arrest. Tony Wyllie, the Redskins Senior Vice President said that “we’re gathering all the facts right now. And that’s all I can say.”

In Jacksonville on Sunday, the ballplayer played briefly on his team’s 20-27 victory over the Jacksonville Jaguars. On Friday, Joseph, who is 6-2 and three hundred and fifteen pounds, was added to his team’s active roster from the practice squad. Joseph, who used to play on the University of Miami team, was originally signed as an undrafted rookie free agent for the Tennessee Titans. He has also practiced with the New York Giants.

Redskins' Defensive Tackle Joe Joseph Arrested for DUI, The Washington Post, December 27, 2010

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In Santa Ana California, a rookie pitcher for the Los Angeles Angels was killed along with two others in a drunken driving crash caused by construction worker who decided to drink before getting behind the wheel.

Twenty four year old Andrew Gallow, the drunk driver, said “I know whatever I say will not change anything or the way you think or feel about me” before the grieving relatives of those who died in the crash. While Gallow spoke, he was not allowed to look at the courtroom audience; therefore he was facing the judge while speaking.

After his statement, the judge sentenced him 51 years to life in prison. In September, he was convicted of three counts of second degree murder and single counts of drunken driving, driving under the influence of alcohol and causing great bodily injury and hit and run driving. Gallow received fifteen years to life for each of the murder counts as well as an additional six years for the other crimes committed.

Prosecutors explained that on April 9, 2009, Gallow blew through a red light at 65 mph and t-boned the car that the Angels pitcher, Nick Adenhart and his friends were in. Gallow was already on parole for a felony DUI conviction when this DUI crash occurred and that his blood-alcohol level was nearly three times the legal limit. Courtney Stewart, 20, and Henry Pearson, 25, were also killed and Jon Wilhite, the fourth passenger, survived the impact even though his spine had separated from his skull.

Man Who Killed Angels Pitcher Gets 51 Years, CBS 8 San Diego, December 23, 2010

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The majority of Americans would associate New Years Eve and drunk driving to go hand in hand.

According to MADD (Mothers against Drunk Driving), the time between Thanksgiving and Christmas someone is more likely to get a DUI or hit by a drunk driver within that window of time. On New Year’s Eve, many Americans have become accustomed to find other ways of getting to their destination safely if they have been drinking, however, many of them do not realize that the dangers of drinking and driving extend throughout football season.

Alcohol consumption at this time of year seems never ending due to holiday office parties and get-togethers with friends and family. Then add poor weather, inadequate driving and other distractions due to the holiday season which would result in a possible driving disaster to occur.

According to FindLaw.com, these are some very useful tips to be DUI-free this holiday season. If you decide to drink the night you go out, be sure to select a designated driver who will not drink and make sure passengers get home safely. If a designated driver cannot be found, take a cab or use public transportation, especially if you are travelling alone. If you do get pulled over and have been drinking, try to keep your composure so that the officer doesn’t feel that you are a danger on the road even if you blew below a .08 on the breath test. This may include slurred speech, bloodshot eyes and swerving of the car while driving. If an arrest occurs, hire an attorney because drink driving does have serious consequences.

Don't Make DUI Part Of Your Holiday Festivities, San Diego 10 News, December 15, 2010

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In San Diego Izaiah Wallis is making improvement after being injured in a crash due to drunk driving but he still has a long way to go to be fully recovered.

On Tuesday night Passion 4 K.I.D.S. hosted a fundraiser to raise money for Izaiah’s medical bills at the Paradise Point Resort. The medical bills are costing as much as $30,000 each day. Adrian Gonzalez, a former Padres star signed autographs for money which he donated to show his support. Overall, the fundraiser showed overwhelming support. Gonzalez said that “They’re going through tough times right now and they just need to know we’re here for them, we love them and we’re praying for them.”

On October 18 Izaiah was seriously injured in a drunken driving crash in Oceanside and has since been at Rady Children’s Hospital for treatment. So far the baby has gone through six surgeries. The morning of the accident, Izaiah’s grandfather took his grandson on a walk in his stroller when a 17 year old drunk driver crashed into them. The grandfather suffered from broken bones. The driver’s blood alcohol level was .21.

Izaiah, thankfully no longer in a coma, faces blindness, paralysis and brain damage due to the drunken driving crash. The drunk driver now has to serve 480 days in program for youthful offenders. The fundraiser’s organizers goal was to raise $25,000 to help with the hundreds of thousands of dollars that so far has cost Izaiah’s young, uninsured parents. Lucy Verde, the mother of Izaiah, quit her job to care for her son.

Fundraiser Held For Baby Injured In DUI Crash, San Diego 10 News, December 15, 2010

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Mario Elie, assistant coach for the Sacramento Kings was arrested in Sacramento.

The California Highway Patrol used ten sentences to describe the situation of what happened and out of the ten sentences, three sentences described Elie’s professional career. Was this an arrest report or a dedication page? Elie was arrested on Thursday morning at 15th and Capitol. In one section of the arrest report, the CHP titled the section “Factual Circumstances Surrounding the Arrest” which they gave a sixty word synopsis about Elie’s career. The synopsis included Elie’s three NBA championships, the seven teams he played for listed individually as well as his job being assistant coach for the Kings.

Adrian Quintero of the California Highway Patrol defended that Elie’s detailed professional career is “releasable information and its public record” and that the public should be informed. Quintero stated that “He’s [Elie] a high profile individual in the community. So, we want people to be aware that no matter who you are –if you are driving impaired –you’re gonna get arrested.” Mark Pineda disagrees. He feels that if Elie was just a regular guy, the information in the report would not have been relevant to the arrest.

The California Highway Patrol argues that Elie is receiving special treatment just because of his status. Quintero explained that “He [Elie] was not “being treated any differently from any other individual.” John Lobertini of FOX40 shot back in disagreement stating that “You are treating him differently by listing who he is and what his career statistics are.” The argument between Quintero and Lobertini ended after Lobertini accused Quintero of treating Elie differently.

Did the CHP go too far with Kings Coach, FOX40 Sacramento, December 10, 2010

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San Diego suspected DUI arrest for ex- City Council candidate in the Mount Hope area of San Diego.

San Diego Attorney, Felipe Hueso, 51, was arrested on suspicion of DUI after failing a field sobriety test. Hueso was driving a Jeep Wrangler when he was pull over by San Diego police officers for a vehicle code violation in the 4000 block of Market Street just after 10:30 P.M., according to SDPD Detective Gary Hassen. The San Diego DUI suspect smelled of alcohol, according to officers. His blood alcohol level was measured at .15.

Hueso who ran an ineffective campaign was defeated last month in his run for the city’s District 8 seat which was previously held by his brother Ben. Ben Hueso on November 2, was elected to the 79th District State Assembly.

Hueso was allegedly driving while intoxicated, was taken into custody on suspected DUI. If you are arrested on a San Diego DUI charge, it may be in your best interest to seek legal advice from a San Diego DUI attorney.

Driving Under the Influence in San Diego County

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

Attorney & Former City Council Candidate Felipe Hueso Arrested for DUI, San diego 6 the CW, December 7, 2010

Ex-Council Candidate Accused Of DUI, 10News.com, December 7, 2010

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Jim Leyritz, a former New York Yankee was sentenced on Thursday for a drunken driving conviction in Fort Lauderdale Florida.

The World Series hero received one year of probation and a $500 fine for the conviction which is practically a slap on the wrist compared to what he had faced before in court; a fatal car crash that killed a woman in 2007, however the jury felt that he wasn’t responsible. Circuit Judge Marc Gold noted that the ballplayer completed two alcohol treatment programs but told him not to violate the law or his probation again. If his probation is violated, then Gold will give him maximum jail time.

Leyritz could have received six months in jail for driving under the influence which would be a harsher sentence but David Bogenschutz, his attorney, explained that jail was too severe for the ballplayer’s first DUI offense by stating “He is a first offender, plain and simple.” Stefanie Newman, the prosecuting attorney, wanted Leyritz to serve a four month jail sentence because of the player’s “air of entitlement” since he was a professional ball player as well as having a few violations while he was out on bail.

Leyritz was a catcher for the New York Yankees and played eleven major league seasons, mostly with the Yankees. He’s also played for the Dodgers, Padres, Angels and Rangers. He is best remembered for the home run that won the Yankees the championship in 1996.

Ex-Yankee Leyritz Gets Probation, Fine In Fla. DUI, December 2, 2010, San Diego 10 News

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A San Diego suspected drunk driver, David Gutierrez, 22, tried to escape on foot after he collided with another vehicle injuring five passengers as well as himself while driving his minivan on Thursday. However, the driver was not successful in trying to flee the scene when he caught by police officers.

According to police, the crash occurred at 1:10 a.m. when the minivan was eastbound on El Cajon Boulevard where Gutierrez ran a red light and crashed into a vehicle that was driving northbound on Baltimore Drive resulting in the minivan overturning.

Police described that while three passengers waited at the scene, Gutierrez as well as two other passengers tried to flee. One of the three remaining passengers claimed that he was going to get his gun to the other driver of the vehicle that the minivan had crashed into. The driver escaped the scene due to fear but when officers came he returned to the scene.

Gutierrez and the two other passengers were found shortly at Spring Street and University Avenue. The three that tried to escape including Gutierrez were taken to a local hospital and the three remaining passengers at the scene were taken to a local hospital to be treated for their minor injuries. The driver of the other vehicle was not injured. After Gutierrez was treated for his injuries, officers arrested him on the charge of a hit and run and felony drunk driving. A gun claimed by one of the remaining passengers at the scene was not found.

Suspect in La Mesa Crash Tries to Flee Scene, CBS 8 San Diego, Dec 2, 2010

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Monday in Los Angeles, Faith Evans, a Grammy-Award winning singer pleaded no contest for two misdemeanor DUI charges. This was the result of Evans being arrested in August in Marina Del Rey at a drunken driving checkpoint.

The thirty-seven year old had been stopped at Washington and Lincoln Boulevard checkpoint close to Marina Del Rey. Officers of the Los Angeles Police Department arrested the drunken entertainer on the twenty-first of August at 10:40 p.m. under the suspicion of driving drunk. The singer’s car was impounded and the following morning she was released. Whether or not she is being represented by an attorney is still in question.

According to Frank Mateljan of the Los Angeles City Attorney’s office, Mateljan explained that Edward Morton, a Los Angeles Superior Court Judge ordered that the singer complete a three-month alcohol program, pay three hundred dollars in fines including penalties, not drive if she had been drinking any amount of alcohol and lastly, serve three years probation. This arrest is not the first for the grammy award winning singer. Todd Russaw, a record company executive and Evans were arrested and charged with possessing cocaine and marijuana in a Atlanta Suburb traffic stop in 2004.

Evans won a Grammy in 1998 for the song “I’ll Be Missing You” due to the death of her husband Christopher Wallace, also known as Notorious B.I.G.

Faith Evans Pleads No Contest to Reckless Driving, November 30, 2010, North County Times

Singer Faith Evans Pleads No Contest to DUI, November 29, 2010, The Baltimore Sun

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