San Diego DUI Lawyer Blog

San Diego Chargers Vincent Jackson's sentencing will include four days in a work release program but no jail time after he pled guilty to his second San Diego DUI charge.

Vincent Jackson who is likely to be suspended by the NFL a couple of games was also sentenced to five years probation. He was also ordered to 15 days of community service from his January 2009 San Diego DUI charge, and pay a fine of $2048.

According Judge David Danielson, he said he would treat Jackson’s San Diego DUI case no different than anyone else with a second charge for driving under the influence. “I’m sure once it’s all said and done, we’ll definitely get the last laugh and hopefully our law enforcement will definitely continue to support us in the way that they have,” said Jackson in an interview.

The San Diego Chargers Pro Bowl wide receiver’s blood alcohol content was twice the legal limit in California measuring 0.17. According to his San Diego DUI lawyer, Jackson’s sentencing is standard for a second DUI offense.

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 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.

Chargers' Vincent Jackson sentenced to work release after 2nd DUI conviction, USA Today, February 23, 2010

Vincent Jackson DUI draws work-release time, Sign on San Diego, February 23, 2010

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California DMV on what happens when you’re arrested for DUI
California DMV: guide to DUI arrest

Continue reading "San Diego DUI Sentence for Vincent Jackson Includes Work-Release Program" »

A man who pleaded guilty to gross vehicular manslaughter in December for crashing his Lexus in Oceanside and killing his 9 year-old passenger has been sentenced on Monday.

Michael J. Wright, had a blood alcohol level that was more than twice the legal limit at the time of the crash. The DUI driver’s passenger was the daughter of a woman he was dating. The drunken driving crash occurred when the DUI driver failed to see that the cars on Interstate 5 were slowing down and he suddenly turned sharply to the left, slammed into a Dodge Caliber, hit a Honda CRV and then crashed into a big rig.

The girl was taken to Rady Children’s Hospital where she was pronounced dead. The mother of the girl who was riding in the front passenger seat of the 2006 Lexus when the San Diego DUI crash occurred escaped injury as well as her 3 year-old daughter who was also riding in the vehicle.

Under the plea agreement, the DUI driver whose blood alcohol level was about a .18 could have been facing 11 years in prison. Wright was sentence to four years in state prison.

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 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.

Man Sentenced In DUI Death Of Girl, 9, 10news.com, February 8, 2010

Web Related Resources

California DMV on what happens when you’re arrested for DUI

California DMV on California laws regarding driving while under the influence

Continue reading "San Diego Fatal DUI Crash in Oceanside, Man Sentenced" »

A San Diego man who was convicted in September of two counts of gross vehicular manslaughter, DUI causing injury and driving with a blood- alcohol level of .08 percent or higher was sentenced to 16 years in prison.

Shannon Shrimp of El Cajon was driving under the influence of alcohol and methamphetamine when he crashed his pickup truck into a Lexus after losing control when he tried to pass other cars on state Route 78 on July 22 around 6:00 p.m. killing 52 year-old Joseph Edwards a passenger in his car.

The driver of the Lexus, 19 year-old Ian Kinney of Julian was also killed in the San Diego fatal DUI crash. His girlfriend Tessa Medearis was hospitalized for minor injuries.

The 36 year-old DUI driver’s blood alcohol level was .19 percent which is more than twice the legal limit. Shimp was sentenced to 16 years in prison.

Man Sentenced For SR-78 Fatal DUI Crash, 10news.com, January 8, 2010

Driving Under the Influence in San Diego County

There are serious consequences when you are caught driving under the influence in San Diego. It is in your best interest to hire an experienced San Diego DUI lawyer.

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.

Web Related Resources

California DMV on California laws regarding driving while under the influence

California DMV on what happens when you’re arrested for DUI

Continue reading "San Diego Man Faces 16 Years in Prison for Fatal DUI Crash" »

A fatal DUI crash in San Ysidro leaves an 18 year old dead and eight others injured, according to San Diego police.

Marcos Ramirez, 18, a college student was killed in a San Ysidro drunk driving accident, according to the San Diego County Medical Examiner’s Office.

The fatal DUI crash took place about 4:30am Sunday morning when two cars carrying a total of nine passengers collided with each other after a night of partying in Tijuana, at the intersection of Camino de la Plaza and Dairy Mart Road, according Sgt. Ramona Hastings with the San Diego Police.

All were taken to a local hospital where two people were reported to be in critical condition. The others are being treated for minor injuries.

San Diego police authorities are investigating the cause of the fatal DUI crash. The drivers of both vehicles who were suspected of driving under the influence were given tests for their blood alcohol concentration. Results are pending. No arrests have been made.

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.

Police investigating fatal drunk-driving crash in San Ysidro, KFMB News 8, August 31,2009

Victim ID'd from San Ysidro Fatal Crash, San Diego 6 The CW, August 31, 2009

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California DMV on California laws regarding driving while under the influence

California DMV on what happens when you’re arrested for DUI

Continue reading "18 Year old Killed in San Ysidro DUI Crash " »

The Phoenix Mercury guard Diana Taurasi has been suspended without pay for two games stemming from driving under the influence which she has pleaded not guilty to the DUI charges.

The team said in a statement on Thursday that Taurasi was suspended “for conduct detrimental to the team.”

“I am deeply sorry and embarrassed for causing this distraction for my teammates, the Phoenix Mercury, the WNBA, family and fans,” said Taurasi. “While I cannot say more with regards to the specifics of a case, I do want to make sure that everyone knows how much I appreciate their support and that I’ve learned a valuable lesson. I am committed to making sure a lot of good comes from this experience.”

Taurasi, 27, had just scored 22 points against the Seattle Storm for a big win. Unfortunately, the drunken driving guard is now facing three DUI related charges, including a charge for July 2nd for extreme DUI and speeding.

Taurasi’s blood alcohol level was 0.17 percent, which is over twice the legal limit in Arizona.

Mercury suspend Taurasi after DUI arrest, Sign on San Diego, July 16,2009

Continue reading "DUI Arrest Leaves Taurasi Suspended From Mercury" »

A Chula Vista cyclist who was traveling across the country to protest the government bailouts was killed by a DUI hit and run driver, charges have now been filed against him.

Chula Vista resident Jim Gafney, 65, was on his “Mad As Hell Bike Ride Across U.S.” when he was struck and killed by a drunken driver about 12:40 a.m. on State Route 50, according to Illinois State Police.

Charges were filed for Leon K. Marcum, 27, the DUI driver who left the scene of the accident was first cited for misdemeanor driving under the influence and failure to reduce speed to avoid an accident but after review those charges were dropped. Now he is being charged with aggravated leaving the scene of an accident involving death.

According to Attorney John Hudspeth prosecuting attorney’s may file felony DUI charges. Marcum’s blood alcohol level is also being reviewed.

“We are doing everything we can to make sure we prosecute this case appropriately given the end result-that a man lost his life,” Said Hudspeth.

Marcum’s bail is set at 100,000.

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.

Charges filed in fatal hit-run involving local cyclist,Sign on San Diego, June 25,2009

Web Related Resources
California DMV guidelines about DUI

Continue reading "Chula Vista Cross Country Cyclist Killed by a Drunk Driver" »

Not Guilty Plea to charges of DUI manslaughter for Donte Stallworth, wide receiver for the Cleveland Browns.

DUI defense lawyer Christopher Lyons entered a not guilty plea at a court hearing on Thursday on behalf of Stallworth. Stallworth, 28, who is out on $200,000 bail must not consume alcohol, drive, and is required to abide by a 12:00a.m.to 6:00 a.m. curfew, stated in court documents.

Stallworth was driving under the influence of alcohol on March 14 when he hit pedestrian Mario Reyes, 59, and killing him in Miami Beach. According to Stallworth’s blood test results, his blood alcohol level was .126. Stallworth was allegedly driving drunk at about 50 mph in a 40 mph zone.

If convicted of the DUI manslaughter charge Stallworth would be facing a maximum sentence of 15 years in prison. A date for trial has not been set.

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.

Stallworth pleads not guilty to charges, ESPN, June 4, 2009

Stallworth charged in man's death, ESPN Sports, April 2, 2009

Web Related Resources

California DMV guidelines about DUI

Continue reading "DUI Not Guilty Plea For Wide Receiver Donte Stallworth " »

A retrial of a DUI crash that allegedly killed a woman near La Jolla’s University Town Center ends in mistrial.

The retrial of Poway resident John Sedej, 47, ends in a deadlock as the jury foreman told Judge Melinda Lasater, on charges of gross vehicular manslaughter while intoxicated and two counts of driving under the influence.

This was the second mistrial in the defendant’s case which resulted 8-4 in favor of guilt. The first trial deadlocked 11-1 on the manslaughter charge, according to San Diego DUI attorney.

The DUI crash happened at 1:20 a.m.on July 13, 2007 at the intersection of La Jolla Village Drive and Genesee Avenue when Sedej allegedly ran a red light while speeding and crashed into a 2000 Ford Expedition killing Nancy Galeana-Ramirez, 28, and injuring the victim’s mother and aunt who were both riding in the backseat of the Expedition.

Sedej’s blood alcohol level was twice the legal limit, measuring at .19 percent, according to prosecuting attorney Jorge Jaramillo. If convicted he could be facing up to 13 years in prison.

“We believe the physical evidence and the light timing evidence proves Mr. Sedej did not speed or run a red light,” said DUI defense attorney Colin Murray.

Driving Under the Influence in San Diego County

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.

Mistrial Declared In La Jolla DUI Crash Retrial, 10News.com, June 5, 2009

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Continue reading "Retrial in La Jolla Drunken Driving Crash Results in Mistrial" »

San Diego County law enforcement was out in full force on Friday March 6th in all areas of Fallbrook for their “zero tolerance” alcohol enforcement operation.

Twenty four officers from around the county in two-officer teams participated in the alcohol detail to crack down on DUI and alcohol related crimes. The detail took place all over the Fallbrook area from 8 p.m. to 2 a.m. for drunk drivers and public drunkenness.

“I’m extremely pleased with the results of the alcohol enforcement operation conducted by in the Fallbrook area,” said Lt. Phil Brust. “We successfully took a number of suspected drunk drivers off our streets and potentially saved lives in the process.”

The majority of arrests were made on South Mission Road and SR76. According to authorities, the officers performed 109 traffic stops, administered 26 field sobriety tests, issued 25 citations, impounded nine vehicles, and arrested 8 people for driving under the influence of alcohol. Two people were arrested for felony DUI probation violations.

“We have an Intoximeter {breathalyzer} inside the mobile command unit,” said Brust, which is used when a person is brought in and are instructed to blow twice into the machine. Both of the blood alcohol readings are recorded and become evidence if charges are filed.

“Our mission going in was to provide an increased police presence in the community and target impaired drivers,” said Brust.

The alcohol enforcement detail was funded by the Avoid Grant through the California Office of Traffic Safety. Costs for this type of alcohol related operation are between $10,000 and $12,000.

“It’s well worth it, when you are talking about the possible loss of life and/or serious injury that can result from drunk drivers, said Corporal Jason King.

The law enforcement agencies that participated in the DUI operation in Fallbrook included the San Diego County Sheriffs Department, California Highway Patrol, police departments from Oceanside, Carlsbad, La Mesa, Escondido, and Coronado. Officers from the California State Parks and the San Diego County Probation Department also participated in the detail.

“These agencies and others are committed to keeping the streets of San Diego County safe for all of us,” said Brust.

Alcohol detail comes to Fallbrook, Fallbrook Village News, March 12, 2009

Continue reading "San Diego County Law Enforcement Participates in Fallbrook Alcohol Enforcement DUI Operation" »

A 19-year old crashed his SUV while driving under the influence and killing one of his 5 passengers, after attending a party is sentenced today to almost five years in state prison.

On December 3rd Rancho Bernardo resident Richard Caldwell pleaded guilty to gross vehicular manslaughter while intoxicated and DUI causing injury.

The crash happened last April 10th about 2:30am when Caldwell lost control of his car while DUI and speeding in a residential area of Poway. The car rolled several times before coming to a halt and killing Charles Amaro II. Two other passengers were injured. Caldwell’s blood alcohol level was .12 percent. He was also seriously injured in the crash.

The DUI defense attorney argued for probation and told the court that his client had no prior criminal record and has already suffered greatly because of the loss of his good friend Charles Amaro on his 20th birthday.

Judge David Danielson denied the defense attorneys requests and said that “the message needs to go out to the community that if a motorist drinks and drives and kills or seriously injures someone, there will be consequences.”

The defendant apologized to Amaro’s Family and his mother, stating that he takes full responsibility for what happened.

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 level, you will be charged with DUI or driving while intoxicated if arrested. You may face a fine and jail time if convicted.

Teen Sentenced For Fatal DUI Crash, San Diego news 10, March 3, 2009

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Continue reading "Rancho Bernardo Teen is Sentenced After Fatal DUI in Poway" »

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" »

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" »

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" »

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.

Related Web Resources
Shia LaBeouf's Driver's License Suspended Newsday.com

Shia LaBeouf Arrested, Hurt in Drunk Driving Crash Freshnews

The Office of Traffic Safety reports that in California almost 1,500 people were killed in alcohol-related crashes last year with more than 30,600 others injured

As a result of numbers such as these, state officials and local authorities are taking on extra DUI patrols and DUI checkpoints to make sure everyone either has a designated driver or remains sober when they get behind the wheel to drive this holiday season.

Police departments across California will conduct saturation patrols and DUI checkpoints around the holidays, officials announced several weeks ago. These extra patrols and checkpoints will be funded by the state.

During DUI saturation patrols, police will have additional officers on the streets looking specifically for drivers who appear to be driving while under the influence. This is strictly additional police force and won’t affect police’s response to routine calls.

Be aware, drivers, as police have not yet set a specific location or date for the next DUI checkpoint.

Driving Under the Influence in San Diego County

DUI checkpoints do work. Police are able to clamp down on drivers who should have called a cab and checkpoints can also serve as a deterrent to drivers who think twice about getting behind the wheel. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Costa Mesa Police Plan Three DUI-Related Patrols, DailyPilot.com, December 7, 2008

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California DMV guidelines about DUI

California DMV: DUI procedures after you are pulled over

Continue reading "Police Departments In Many Cities in California Plan DUI Patrols and DUI Checkpoints" »

The Marine Corps will court-martial a sergeant major charged with drunk driving, unauthorized absence, making false official statements and violating general orders.

Sgt. Maj. Mark A. Kellison has been charged under the Uniform Code of Military Justice with one count of drunken or reckless operation of a vehicle; one count of unauthorized leave; two counts of making a false official statement; and four counts of violating orders or regulations, according to the court docket and charge sheet.

Kellison most recently served as the sergeant major for Headquarters and Headquarters Squadron at Marine Corps Air Station Miramar in San Diego.

He is charged with driving under the influence with a government vehicle near Yuma, Arizona last July and missing a meeting of the Marine Corps Installations-West Marine/Noncommissioned Officer of the Quarter and Meritorious Promotion Board convened at the Sonoran Pueblo Club at Yuma Marine Corps Air Station, according to the charge sheet.

He also drove at Miramar MCAS without a valid state driver’s license and drove government vehicles without a valid state driver’s license from March 3 to July 16. He also took his personal firearms in the government vehicle when he drove from San Diego to Yuma and used that same vehicle to get alcohol in order to get drunk.
Kellison also faces aggravated DUI charges in Yuma County, according to Yuma County Superior Court records.

A hearing was held December 16, 2008 at Miramar.

Driving Under the Influence in San Diego County

No matter who you are, military or otherwise, driving while drunk is prohibited in the state of California. As noted above, military personnel will be charged in county court as well as within the military courts. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Corps to Court-Martial E-9 Charged with DUI, MarineCorpsTimes.com, December 20, 2008

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California DMV: DUI procedures

Continue reading "Marine Corps to Court-Martial E-9 Charged with DUI in Oceanside, California" »

A Yuba City, California man was put into the hospital after a car accident last week, and now DUI charges may be pending.

Samuel Galaviz Jr., 35, suffered head and neck injuries in the single-car crash, reported the California Highway Patrol.

Galaviz was taken to a local medical center and later released, reported the hospital’s chief executive.

At around 5 in the morning on Monday, December 8, Galaviz was driving alone when his car missed a curve, veered over the shoulder and struck a dirt embankment. The car then tumbled over the embankment before landing in a ditch near the roadway. Galaviz was not wearing a seatbelt and suffered head and neck injuries, reported the CHP.

Police say they plan to pursue a DUI charge against the driver for alleged use of a prescription medication. Galaviz was not immediately booked at the local county jail because of his injuries.

Driving Under the Influence in San Diego County

Prescription medications often impair a person’s ability to drive safely. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Crash May Lead to DUI Charge, Colusa Sun Herald, December 10 2008

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California DMV: DUI procedures when you are pulled over

Continue reading "California Crash May Lead to DUI Charge For Crash Victim" »

Three San Diego residents died in traffic accidents during the Thanksgiving weekend, a decrease from the same weekend in 2007, police report.

In San Diego county, California Highway Patrol officers arrested 119 motorists on suspicion of driving while intoxicated. This number is 18 less than last year.

Across the state of California, traffic accidents killed 32 people during Thanksgiving weekend, compared with 41 in 2007, and also across the state of California, the CHP made 1,530 DUI arrests, a decrease from 2007. This amount is 98 less than last year.

Fatality numbers reflect deaths reported by all law enforcement agencies in California, whereas the DUI arrests are those made only by CHP personnel.

Driving Under the Influence in San Diego County

Holidays are a time when people celebrate and enjoy a good time. However, it is easy to forget how much alcohol a person has consumed before getting behind the wheel. Stay safe and don’t drive if you’re at all unsure about your sobriety. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Three Die in Thanksgiving Holiday Traffic Accidents, San Diego 6, December 1, 2008

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California DMV: DUI procedures after you are pulled over

Continue reading "Thanksgiving Holiday Traffic Accidents Result of Three Deaths" »

Law enforcement agencies in California, although maybe not yet in San Diego County, California are relying on a new piece of DUI enforcement equipment: handheld alcohol screening devices or alcohol-sensing devices.

Opponents of these new devices insist these tools used in DUI investigations violate drivers’ rights.

“The passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation,” reads a press release from SanDiegoDWI.com a year ago, which leads many to believe these devices are being used in San Diego County already, if not very soon.

Starting this weekend, DUI task forces from law enforcement agencies in many California counties begin holiday season enforcement. Participating members in the program will receive the new DUI enforcement equipment, including those hand-held alcohol screening devices or alcohol-sensing flashlights.

What are these flashlights? Called passive alcohol sensors, they work much like a normal flashlight and provide light for officers who have stopped someone for a traffic violation. However, the flashlight device can also sense alcohol. The sensor triggers a color-based measurement scale, which goes from red to green, based on the amount of alcohol it picks up.

"We've used them for a couple of years in Livermore," said Livermore police Lt. Mike Peretti. "They're relatively new to most agencies in the county, but some are starting to use them.

However, Michael Risher, a staff attorney with the American Civil Liberties Union of Northern California, said the tool may be violating people's rights.

Risher reminds us that the state's vehicle code requires a driver's permission to take a preliminary alcohol screening test when police suspect he or she may be intoxicated.

Driving Under the Influence in San Diego County

Flashlight alcohol-sensing devices may be a violation of a driver’s rights, but an arrest because of driving under the influence is not. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

DUI flashlights help Fight Drunken Driving -- But Are They Legal?, MercuryNews.com, December 11, 2008

Alcohol-Detecting Flashlight A New Tool To Fight Drunk Driving, KTVU.com, December 11, 2008

Police Take Covert Breath Samples to Detect DUI, PRLog.com, November 7, 2007

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Continue reading " “Flashlight” Alcohol-Sensing Device Soon To Be Used in San Diego County" »

The trial of Shannon Shimp, 35, of El Cajon, for a double DUI accident in July 22, 2008 will be considered in a hearing this month. Witness Tessa Medearis, 19, of Vista, testified about the summer day when the accused drunk driver’s car hit her boyfriend’s car in Ramona, California, killing him instantly.

“All of a sudden, I see this white flash and hear this screeching noise, and the next thing I know, I wake up, it's completely black, everything's gone wrong; there's a car on top of me,” Tessa Medearis testified in El Cajon Superior Court.

Shimp is charged with two counts of murder and two counts of gross vehicular manslaughter.

Medearis' boyfriend, Ian Kinney, was killed, as well as Shimp’s passenger, Joseph Edwards, 52.

Shimp had a blood alcohol level of 0.19 nearly two hours after the crash and is also charged with drunken driving causing injury. The legal limit in California is 0.08.

Witnesses testify that Shimp was driving a white flatbed truck east on state Route 78 near Ramona about 6 pm. He then crossed into the westbound lane to pass three vehicles, lost control of the truck and skidded sideways into a westbound Lexus driven by Kinney. The Lexus was pinned under Shimp's truck.

Driving Under the Influence in San Diego County

The father of the victim Ian Kinney has stated publicly that choosing to operate a vehicle while under the influence makes any events that occur as a result of driving while under the influence not accidents. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

El Cajon Man To Stand Trial for Murder in DUI Fatalities, SignOnSanDiego.com, November 19, 2008

Suspect In DUI Double Fatal Pleads Not Guilty, 10News.com, July 25, 2008

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Continue reading "El Cajon, California Man May Got to Trial for Murder in Double DUI Accident " »

Sheriff’s deputies and state park rangers will be watching for intoxicated drivers and underage drivers during this Thanksgiving weekend as desert off-road season kicked off the first of November.

The alcohol enforcement is funded by grant money from the Office of Traffic Safety and will include saturation patrols and DUI checkpoints.

San Diego County is home to the second largest off-road community in the state. The off-roading season, which started on Halloween weekend, lasts through the Easter holiday.

Driving Under the Influence in San Diego County

DUI checkpoints are funded because they work. Remember this as you head out for off-roading fun during Thanksgiving weekend. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

DUI CheckPoints Ocotillo Wells, SignOnSanDiego.com, November 1, 2008

DUI Crackdown, UnionTrib.com, November 6, 2008

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Continue reading "Winter DUI Checkpoints In Force at Ocotillo Wells State Vehicle Recreation Area" »

California actress Heather Locklear has been formally charged with DUI, reports the Santa Barbara, California District Attorney’s Office. Not alcohol. Not illegal drugs.

Prescription drugs.

Senior Deputy District Attorney Lee Carter refused to comment about the medications or amounts Locklear took, but noted, “Lab tests showed she had no alcohol in her system and no illegal narcotics of any kind. We believe that the prescriptions she was taking could have impaired her ability to drive a motor vehicle safely."

In July 2008, Locklear was treated for anxiety and depression, and many believe the prescription drugs in her system at the time of the DUI may be related.

On September 27, 2008, California Highway Patrol said the actress showed “obvious impairment” when an officer saw her car parked on a highway and blocking a lane in Montecito, but alcohol was ruled out almost immediately. She was tested for drugs on suspicion of DUI at a police station and quickly released.

Heather’s arraignment is scheduled for January 26, 2009 in a Santa Barbara court.

Driving Under the Influence in San Diego County

Locklear’s erratic driving drew attention from other motorists and then the California Highway Patrol, because erratic driving may be the result of ingestion of alcohol or drugs. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Heather Locklear Charged with DUI: Prescription Drugs LATimes.com, November 18, 2008

Prescription Drugs Cited in Heather Locklear DUI, Chron.com, November 17, 2008

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Continue reading "California Actress Heather Locklear Charged With DUI for Prescription Drugs" »

Pomona City Councilman Elliott Rothman was arrested for driving under the influence of alcohol after failing a field sobriety test at about 11:03 p.m. Tuesday October 7, 2008, and was booked for a misdemeanor about 20 minutes later. Early reports indicated that his blood alcohol level was higher than the legal limit in California (0.08), however further analysis of his test showed his blood alcohol level at 0.04, half the legal amount allowed. Charges have been dropped.

Rothman has served on the Pomona City Council for 12 years, according to the city's Web site, and was recently elected Pomona mayor in the November 4, 2008 elections.

Rothman said he was pleased to hear the news about the last of the tests.

"That's great news," he said.

Rothman said he could not explain why he did not pass the field sobriety test.

"I really don't know," he said.

Driving Under the Influence in San Diego County

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

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.

Pomona Councilman Elliot Rothman Arrested in DUI, San Gabriel Valley Tribune, SGVTribune.com, October 8, 2008

LA County DA Drops Pomona Mayer-Elect Rothman’s DUI Charges, Daily Bulletin, DailyBulletin.com, November 5, 2008

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Heather Locklear was arrested on suspicion of driving under the influence of a controlled substance Saturday evening in Santa Barbara County, California. Alcohol was ruled out, but California Highway Patrol spokesman Tom Marshall states, “[W]e believe Locklear was under the influence of prescription medication.”

Locklear was exiting a parking lot in Montecito around 5 p.m. in the afternoon on Saturday and a witness reported she was driving erratically—revving her engine and running over a pair of sunglasses multiple times.

Soon after, the same witness saw Locklear exiting her vehicle on a nearby highway. The witness than called 911, concerned for Locklear’s safety, even though she did not recognize the actress. When police arrived Locklear was seated inside her vehicle, which partially blocked the roadway.

Just two months ago, Locklear attended an Arizona treatment facility for anxiety and depression. Tests are pending and we will update when those results are reported.

Driving Under the Influence in San Diego County

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

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Heather Locklear Arrested on DUI Charge, People, September 29, 2008.

Heather Locklear DUI Arrest, New York Post, September 29, 2008.

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Continue reading "Actress Heather Locklear Pulled Over in Santa Barbara, California on Suspected DUI" »

New mommy Nicole Ritchie has apparently cleaned up her act. A judge determined this week that the former Simple Life has done a complete turn-around and is “in compliance” with the terms of her probation stemming from her 2006 DUI bust, reports E! News.
Richie, who was caught driving the wrong way on an L.A. freeway after taking Vicodin and smoking pot in 2006 has become a mother (daughter Harlow Winter Kate Madden was born January 11, 2008), started the Richie-Madden Children’s Foundation, and continues to comply with her probation restrictions.
Ritchie was placed on three years' probation in July 2007, served just 82 minutes of a four-day jail sentence last summer while pregnant, and even though only required to clock in for three weeks, Ritchie signed up for an entire 18-month alcohol education program.
A follow-up hearing has been set for February 20, 2009. However, like last week’s hearing, Richie, who instead attended a few shows at New York’s fashion week, will not be required to appear.

Driving Under the Influence in San Diego County

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

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Nicole Ritchie Progressing Nicely, E! Online, September 10, 2008.

Nicole Richie's DUI regret, China Daily, June 30, 2008.

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Continue reading "Two Years After her DUI, California Star Nicole Ritchie Has Gone the High Road" »

Marcel Vigneron, the reality television show Top Chef’s second-season runner-up and that season’s resident “bad boy” was arrested in late August early on a Sunday morning after attending a benefit gala in Laguna Beach, California, when police suspected him of drunk driving, reported RealityTVWorld.com.

Vigneron was initially stopped for speeding, but then an officer administered a blood test. The reality television show star registered higher than the state’s legal blood alcohol level, was arrested, and given a bail set at $2,500.

Vigneron posted bail and was able to then give a cooking demonstration at the Festival of Arts in Laguna Beach, California, on Sunday. Vigneron is still able to drive despite his DUI charge and must report his arrest to the authorities in his hometown of Las Vegas.

Driving Under the Influence in San Diego County

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

If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or href="http://www.sandiegolawcenter.com/lawyer-attorney-1239594.html">DUI if apprehended. You could face a fine and jail time if convicted.

Ex-'Top Chef' runner-up Marcel Vigneron arrested, charged with DUI RealityTVWorld.com, August 28, 2008

Ex-Top Chef Bad Boy Dinged with DUI E! Online, August, 28, 2008

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Continue reading "Top Chef's Second Season Bad Boy Busted on DUI in Laguna Beach, California" »