San Diego DUI Lawyer Blog

DUI charges filed against a University of Florida defensive lineman after officers found him asleep at the wheel and suspected him of DUI.

Carlos Dunlap was arrested early Tuesday morning after a police officer found the 20 year-old defensive lineman asleep in his car at a stop light. The officer had been responding to a report of reckless driving. The red 2000 Chrysler that Dunlap was driving didn’t move after several signals had changed, that’s when the officer found the suspected DUI driver asleep, according to Gainsville police Lt. Keith Kameg.

About 3:25 a.m. police officer Robert Rogers arrested Dunlap for driving under the influence after he appeared to be to some extent incoherent and unbalanced on his feet after performing field sobriety tests. Dunlap was also reported to smell of alcohol and he refused a breathalyzer test.

Dunlap was taken to Alachua County jail on suspicion of driving under the influence. Last year the defensive lineman was named the most outstanding player in the BCS title game. Florida coach Urban Meyer has suspended the 290 pound, 6 foot 6 athlete from playing in Saturday’s SEC Championship Game. “He’s not going to play,” Meyers said.

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.

Florida defensive lineman charged with DUI, San Diego 6 the CW, December 1, 2009

Florida's Dunlap suspended for SEC title game following DUI charge, SI.com, December 1, 2009

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Continue reading "DUI Charges For University of Florida Defensive Lineman" »

Senator John Kerry’s daughter Alexandra was arrested in Los Angeles early Thursday morning for driving under the influence, but was later released after a breathalyzer test indicated she was under the legal limit.

Film producer and director 36 year-old Alexandra Kerry was stopped by Los Angeles Police for driving on an expired registration. She was then taken into custody for probable DUI and later released on bond.

“Alexandra Kerry was pulled over for an expired registration and was released after the results of a breathalyzer test at the police station were under the legal limit, said democratic spokeswomen Jodi Seth.

Alexandra's court date is scheduled for December 10. If you are arrested for DUI or driving under the influence it is in your best interest to hire an experienced DUI attorney. Choosing the right representation for your DUI case is one of the most important choices you can make.

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.

John Kerry: My Daughter Was Not Legally Drunk, People, November 19, 2009

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Continue reading "Senator John Kerry’s Daughter Alexandra Arrested for DUI" »

AJ Allmendinger was arrested for DUI after being stopped by police early Thursday morning and failing a field sobriety test, according to Mooresville police.

The NASCAR placed driver said he make a mistake driving while intoxicated after having dinner and drinks on Wednesday. “I honestly felt fine, but I obviously should have erred more on the side of caution, particularly given what I do for a living,” said Allmendinger. “It was a bad judgment call,” he said.

The DUI driver will have his license suspended for 30 days after being given a breathalyzer test that indicated he was 0.08. According to North Carolina law it is an automatic license suspension. NASCAR placed the suspected drunk driver on probation until the end of the year.

Driving Under the Influence in San Diego County

If you or someone you know has been arrested for DUI it is crucial you contact an experienced San Diego DUI attorney that will help you with your drunken driving case. You need to find the right attorney who is best-qualified and has the most experience with DUI cases, to represent you and your DUI case.

If you have a 0.08 percent or more, be weight, of alcohol in your blood, you will be charges with driving under the influence or DUI if apprehended. You may face jail if you are convicted.

Allmendinger placed on probation follow DUI arrest, Sign on San Diego, October 29, 2009

Sports digest: Allmendinger hit with DUI, put on probation by NASCAR, MercuryNews.com, October 29,2009

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Continue reading "NASCAR Driver AJ Allmendinger Arrested On Drunk Driving Charges" »

MTV reality star Stephanie Pratt of the “Hills” was taken into custody for suspected DUI after attending castmates birthday bash at a nightclub.

The suspected DUI star was arrested on Sunday about 3:45 a.m. after blowing a .08 and .09 after taking two breathalyzer tests. The California legal limit is a .08. Pratt had just attended a birthday celebration at “Empire” a nightclub in Hollywood for Holly Montag.

Pratt was taken into custody on suspicion of driving while intoxicated. She was released later on Sunday on $5,000 bail.

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.

"Hills" Star Stephanie Pratt Arrested for DUI, Fox 5 San Diego, October 19,2009
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Continue reading "“Hills” Reality Show Star Stephanie Pratt Arrested for Driving Under The Influence" »

Actor Mel Gibson is hoping to have his defense lawyer remove his drunken driving arrest from his police record, after completing all the terms of his 3 year probation.

The “Braveheart” star’s DUI defense lawyer, Blair Berk will be in court in October in an attempt to expunge Gibson’s 2006 DUI from his record. The actor who had his license suspended for ninety days has completed an 11 month 12 step alcohol program and a course in alcohol abuse.

Gibson was arrested on July 28, 2006 on suspicion of driving while intoxicated or DUI, after being stopped by police for speeding on Pacific Coast Highway in Malibu. The Academy Award winning actor was driving his Lexus LS 430 about 87 mph in a 45 mph zone.

Breathalyzer test showed that Gibson’s blood alcohol level to be at 0.12 which is well above California’s 0.8 legal limit. Police also found an open container of Tequila in his vehicle, according to Los Angeles County Sheriff’s Deputies.

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.

Gibson seeks to clear DUI charge, San Diego 6 The CW, September 29,2009

Mel Gibson wants DUI that led to anti-Semitic rant off his record, Haaretz.com, September 29,2009

Mel Gibson Charged With DUI, The Smioking Gun, August 6, 2006

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Continue reading "Mel Gibson To Have DUI Expunged From Police Record" »

Actor Jeffrey Donovan was arrested for drunken driving in Miami Beach after almost hitting a stopped police car, according to Florida police.

The 41 year-old actor who stars in the USA Network series “Burn Notice” was arrested by Florida police for driving under the influence after he failed a field sobriety test on July 12.

The suspected drunk driver told the arresting officer “Sorry I didn’t see the red light or your stopped car.” He also said, “I really think I’m only borderline and not too drunk. I had three drinks at the Fontainebleau. The only mistake I made tonight was drinking Benadryl with three glasses of wine.”

Before the incident occurred the officer heard a loud screeching noise and saw that Donovan had swerved his car to avoid slamming into his police car.

Donovan who refused to take a Breathalyzer test was taken into custody on suspicion of DUI and later released on $1,000 bail

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.

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.

Actor Donovan arrested for DUI, San Diego 6 The CW, July 20,2009

Police: Jeffrey Donovan Arrested, Suspected Of DUI, 10 News.com, July 20, 2009

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Continue reading "Actor Jeffrey Donovan Arrested for Drunk Driving in Miami Beach" »

The city of San Diego has had a lawsuit filed by a man who is considering running for City Council next year over a 2007 driving under the influence arrest.

On November 18, 2007, B.D. Howard, 29, was taken into custody for the second time in 3 months for a DUI in connection with a solo car accident. He already had his license suspended for the first DUI. According to Howard in an interview, other people were driving his car.

San Diego police found an abandoned BMW on the off ramp of Interstate 5 and 19th Street that had hit a concrete barrier that turned out to be registered to Howard.

Police went to the suspected DUI driver’s home about a block away and found him at home. According to police they heard him shouting to other people in the house not to let the police in. Police said he smelled strongly of alcohol and denied that the car was his.

Witnesses say the man they saw driving the BMW was a black man wearing a red bandana around his neck. Police said that Howard was the only black man and they saw a red bandana at his home.

Howard took a breathalyzer test and was a 0.15 which is above the legal limit of .08, and was taken into custody. He was never prosecuted and the case was dismissed.

Representing himself Howard sued the city, state and the officers involved in the second arrest last year. He was seeking damages for false imprisonment, battery, assault intentional infliction of emotional distress, and violation of his civil rights. He said that the police officers lied about statements taken by a witness.

Wednesday, Howard said he was planning to drop the lawsuit saying he had changed his mind and he didn’t want to cost the taxpayers any money.

Council Hopeful Suing City Over DUI Arrest, Voice of San Diego.org, March 25,2009

Continue reading "San Diego Being Sued By City Council Hopeful Over DUI Arrest" »

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" »

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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Chargers Jackson Arrested on Suspicion of DUI Sports Network

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

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

Sheriff’s deputies in Imperial Beach targeted drunk drivers with a DUI and driver’s license checkpoint last week in an effort called “Drunk Driving, Over the Limit, Under Arrest.” The checkpoint was at Ninth Street and Palm Avenue between 7 pm on December 16 until 2 am the morning of December 17.

The sheriff’s office promised that vehicles driven by those without a license or on a suspended license would be placed on a 30-day hold. Storage of a vehicle can cost up to $1,500 for that 30 days.

Other checkpoints are being planned for various areas in San Diego County throughout the holiday season. The checkpoints are funded by the Office of Traffic Safety through the National Highway Traffic Safety Administration.

Driving Under the Influence in San Diego County

DUI checkpoints do work. If you are caught in a DUI checkpoint, your arrest is the result of many trained professionals doing their jobs right. They want drivers who drink to stay off the roads. 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.

Drunken drivers targeted on Imperial Beach street, SignOnSanDiego.com, December 16, 2008

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Continue reading "Drunken Drivers Targeted in Imperial Beach " »

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" »

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" »

In a trial that belonged in television, Jason Shirley was found guilty of DUI in his second go-round with the state of California.

In October 2007, Shirley was arrested after driving his car into an apartment building in Fresno, California, and then leaving the scene. He was chased down and then failed a breathalyzer test. Just a few short months later, the Cincinnati Bengals drafted Shirley, although he has yet to play in a single game.

In Shirley’s first trial, Fresno State coach Pat Hill testified that Shirley suffered a concussion during a recent game against Nevada. The defense argued the concussion was to blame for Shirley’s bad decisions that day. And they argued that the breathalyzer failed when it reported Shirley was driving under the influence. The case ended in a mistrial.

In the second trial, Shirley took the stand and admitted he drank a 40 oz bottle of beer before driving into the apartment building. He also testified that he thought he ran over a curb and not into the building. After three hours of deliberation, the jury found Shirley guilty on charges of DUI and hit-and-run. He was sentenced to 30 days in a work program.

The Bengals released a statement about Shirley:

"The club is aware that the vehicular charges against Jason Shirley, stemming from his college career, have been resolved against him," the Bengals said in the statement. "He will likely complete the legal obligations required by the court during the offseason, and the club expects that he will do what he needs to do to put this incident behind him and contribute to the football team."

Driving Under the Influence in San Diego County

Shirley’s breathalyzer signified he was well over the California blood alcohol limit of 0.08. Breathalyzer tests are reliable indicators used by police to discover if a driver is driving under the influence. 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.

Bengals Jason Shirley Found Guilty of DUI Despite His Interesting Defense NFL FanHouse.com, November 12, 2008

Jason Shirley Guilty on DUI Counts KSEE24.com, November 10, 2008

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Continue reading "Former Fresno State Football Player Jason Shirley Found Guilty of DUI In Second Trial" »

James Poet, San Diego State University Associated Students President, has been arrested and charged with DUI and possession of marijuana.

Campus police said Poet was arrested Friday, October 17 at 3:20 a.m. as he was driving alone in his own vehicle on 55th Avenue near Remington Road near the SDSU campus.

The Daily Aztec, the SDSU student newspaper, reported Poet as saying, "I do have some personal issues going on right now." The paper also reports that Poet confirmed he has a court date and hopes to be considered innocent until proven guilty.

This news comes after the recent arrest of Aztec basketball player Lorrenzo Wade on burglary charges and last year’s arrest of Ronnie Williams on DUI charges. Also, last May, close to 100 people were arrested as a result of a 6-month undercover investigation involving SDSU students and drug activity on campus. The arrest comes shortly after a five-week university ban on alcohol at fraternity and sorority parties.

James Kitchen, Vice President of Student Affairs, wrote in a statement, "We are both shocked and disappointed at the news of James Poet's arrest which has the potential for serious consequences. However, as with any other student accused of breaking the law, James should be afforded due process and a chance to defend himself in court."

Kitchen also wrote "James has made many significant contributions during his tenure as AS President for which we are appreciative."

Poet's case will likely be turned over to SDSU's Center for Student Rights and Responsibilities for judicial review and potential disciplinary action if there are violations of the student code of conduct, a spokesman said.

Driving Under the Influence in San Diego County

Harsh reality for Poe, which is often the case for drivers caught driving while under the influence. 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.

SDSU Student Leader Arrested, NBCSandiego.com, October 22, 2008

SDSU Student President Arrested in DUI Case, SignOnSanDiego.com, October 22, 2008

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Continue reading "San Diego State Student Leader, James Poet, Charged With DUI" »

San Diego State University’s basketball team is missing a few of its most senior and most valuable members in upcoming games. Senior guard Richie Williams had been suspended from play before the start of last year’s season because of his DUI arrest in October 2007. In January 2008 he pleaded guilty to underage drunk driving. The court suspended his license for one year and Williams was assigned to a first-time conviction program. However, the court issued a bench warrant in recent weeks after Williams failed to enroll and attend the program.

And this year, before the season even got going, senior forward Lorrenzo Wade was suspended indefinitely while he faces a felony first-degree burglary charge stemming from an incident on September 21.

Wade was SDSU's leading scorer in the 2007-2008 season, but police say he and another man, Brian Cepeda Ware, were involved in the attempted theft of a television from a woman’s apartment near San Diego State University. Wade pleaded not guilty the same day he was named to the preseason all-conference team in the Mountain West. All this came about after surrendering to authorities and spending a day in jail.

Aztecs coach Steve Fisher will be fair but judicious with both players. “We're going to reserve final judgment until this goes through the process, but I'm very disappointed and angry with a senior leader [Wade] that knows what's right and knows how to handle himself. We talk about it all the time, 'Don't you be the one that people are going to read about in the newspaper.' ”

Fisher said Wade's suspension began in early October. Wade, 22, is out on a $50,000 bond. If convicted, he faces a sentence ranging from probation to up to six years in jail.

As to Richie Williams, Fisher said, “I was under the assumption that everything he had been asked to do had been completed. Apparently, that's not that true.” Fisher said he first learned of Williams’ bench warrant when he was informed about the story hitting the Internet.

As to the team’s effectiveness in the 2008-2009 season, Fisher said, “We've certainly had to deal with more of them than you'd want, and I don't like it. . . . This should be a time where you're supposed to be excited about the first practice. This is an unwanted and unnecessary distraction that affects everyone.”

Driving Under the Influence in San Diego County

San Diego State University players are scrutinized because of their status as NCAA athletes. Even if you're not an athlete, driving while under the influence is still against the law. 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.

Charge Sidelines Aztecs’ star Wade, Sign On San Diego.com, October 16, 2008

Axtecs Williams Admits DUI Guilt SignonSanDiego.com, January 10, 2008

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Continue reading "San Diego State Basketball Team Under DUI, Theft Charge Pressures" »

Lionel James, a former San Diego Chargers player and now a member of the Alabama Sports Hall of Fame, was charged with driving under the influence last month after being pulled over by a Shelby County Sheriff's deputy on an Alabama interstate.

The DUI charge filed against James comes two weeks after the former NFL player pleaded guilty to a separate driving under the influence charge on that same interstate.

In this most recent case, James was stopped by a deputy at 12:43 a.m. James had a blood alcohol level of 0.12, court records state. Alabama and California’s legal limit is 0.08.

James was charged with improper lane usage as well as the DUI. He was held on a $1,300 bond and then released.

On October 9, 2008, James pleaded guilty to the first DUI and misdemeanor theft of property. According to court records, James was given a 175-day suspended jail sentence, fined $250 and ordered to attend DUI school. He also received a 60-day suspended sentence and two years of probation on the theft charge.

That DUI stemmed from a July 24 arrest in which a deputy pulled James over on the same freeway. Just prior to James being pulled over, police received a call about stolen alcohol at a gas station. The vehicle and clothing description matched James, the police report said. Three bottles of alcohol were found in James' vehicle once police pulled him over.

James played in the NFL for the San Diego Chargers, where he set records for all-purpose yards. He was inducted into the Alabama Sports Hall of Fame in 2006.

Lionel James Charged with Third DUI Since July, AL.com, November 10, 2008

James Charged with DUI, AL.com, October 24, 2008

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TV news anchor John Boel was arrested October 19 in Shelby County, Kentucky for DUI and driving with an open container of alcohol. California law stipulates that it is illegal to drive with an open container of alcohol in the vehicle. If apprehended, drivers can face license suspension and jail time, however, with a previous DUI, charges may be more serious.

A well-recognized face on WLKY-TV in the Louisville, Kentucky area, news about Boel’s arrest spread quickly. Well-known in his community and an upstanding member of a prominent church, Boel’s has borne the brunt of Louisville locals expressing their disdain. Many were surprised by the news anchor’s behavior. “What an odd thing to do. He wasn't driving after drinking. He was drinking and driving at the same time,” was a comment left on the Lousiville Courier-Journal website’s story about Boel.

Boel has worked at WLKY in Lousville for 20 years and this year, the WLKY-TV Noon and 6 p.m. anchor received his 62nd Emmy statuette. Five of those awards have come for his work as a news and sports anchor. He has also won over 70 first-place honors in A.P., S.P.J. and Murrow Awards, as well as the Eclipse Award.

All awards aside, Boel refused a breathalyzer test at the scene, and was taken to the Shelby County Jail and later released on his own recognizance. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

Boel's next court date is scheduled for November 25.

Driving Under the Influence in San Diego County

Even though a person is on television doesn't mean they are exempt from obeying the law. 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.

News Anchor Faces DUI Charge, Courier-Journal.com, October 19, 2008.

John Boel, WKLY.com, October 29, 2008.

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Matthew McCoy, a former reserve linebacker for the Tampa Bay Buccaneers and San Diego State, was arrested October 18 and charged with felony DUI. Police say McCoy was stopped less than 300 feet from his home in Tampa, Florida.

McCoy reportedly refused a breathalyzer test and was subsequently arrested. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

The San Diego Chargers will travel to Tampa Bay in December to play a game against a Buccaneers team that no longer includes McCoy. The Bucs released McCoy from their roster around 4 p.m., less than 12 hours after his arrest.

McCoy, 26, was pulled over about 4 a.m. after police saw him driving the wrong way down a busy boulevard. McCoy smelled strongly of alcohol, had bloodshot and glassy eyes, and swayed while standing still, according to the police report. He refused a blood alcohol test on advice from his lawyer and was arrested. He was released on $500 bail Saturday afternoon only to learn he had been cut from the team.

McCoy, a star at San Diego State, was in his fourth NFL season. He was a second-round pick for the Eagles in 2005 and started ten games in 2006. The Bucs signed McCoy to a free-agent contract in March of this year and he had appeared in three games at middle linebacker.

His next court date is not known.

Driving Under the Influence in San Diego County

Reality is harsh for many pro athletes. No matter if you are pro or not, driving while under the influence is against the law. 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.

Bucs Cut McCoy After DUI Charge, Tampa Bay.com, October 18, 2008.

Matt McCoy, USAToday.com, October 29, 2008.

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Continue reading "Former San Diego State Player Matthew McCoy Loses His Job After Felony DUI" »

New York Yankees up and coming star pitcher Joba Chamberlain was arrested October 18 for DUI in Lancaster County, Nebraska after police pulled him over for speeding. Police reports place his blood alcohol level at 0.13, which is higher than the legal limit of 0.08 in Nebraska and California.

Chamberlain, 23, was arrested early Saturday after Nebraska state police pulled him over for speeding and then noticed an odor of alcohol in the 2006 BMW 750I. They then saw the open container of alcohol. California law stipulates that it is illegal to drive with an open container of alcohol in the vehicle. If apprehended, drivers can face license suspension and jail time, however, with a previous DUI, charges may be more serious.

Chamberlain was taken to a policy facility and released. Chamberlain will appear in court on December 17.

New York’s rising star pitcher Chamberlain issued an apology to the Yankees and their fans, reported Newsday.

Since his major league debut in August 2007, Chamberlain has become one of the Yankees' most popular players. He has had tremendous success on the field, and his outgoing personality attracts fans. The Yankees have plans to place Chamberlain in their pitching lineup for the 2009 season.

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.

Joba Chamberlain Apologizes To Yankees, Fans for DUI Arrest, Newsday.com, October 19, 2008.

Yankees’ Pitcher Joba Chamberlain Arrested In Nebraska on DUI Charge, NYDailyNews.com, October 18, 2008.

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In June 2008, former NFL football star and Crimson Tide commentator was arrested for driving under the influence outside Mobile, Alabama. Police say Stabler was pulled over for a traffic violation on Alabama 59 and then subsequently charged with DUI after refusing a breathalyzer test. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

Stabler posted $1,000 bond and was released from jail. His trial will be October 22, delayed because city officials had a hard time finding a judge to preside over the case. Stabler is reported as having “extensive legal dealings” in the area and a special prosecutor has been appointed for the trial, which will take place in Robertsdale, Alabama. In California, if convicted of DUI, your hearing will likely be in the town in which your arrest occurred.

Public records indicate that Stabler has two previous DUI charges, stemming from arrests in 2001 and 1995.

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.

Police Arrest Kenny Stabler on DUI Charge, AL.com, June 9, 2008.

Ken Stabler Arrested for DUI, RollAlabamaRoll.com, June 9, 2008.

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Eric Carmen was arrested last month for driving under the influence for the second time in less than two years after slamming his Range Rover into a fire hydrant in Orange, Ohio. The singer reportedly handed police a credit card when asked for his license, and his breathalyzer test was nearly three times the legal limit—0.234 (0.08 is Ohio and California’s legal limit).

A half-empty bottle of Grey Goose vodka was found on the passenger’s seat, TMZ reported. California law stipulates that it is illegal to drive with an open container of alcohol in the vehicle. If apprehended, drivers can face license suspension and jail time; with a previous DUI, however, charges may be more serious.

The police report showed that Carmen was released to his attorney on a personal bond. Carmen, formerly part of the band “The Raspberries” and author of the songs “All by Myself” and “Hungry Eyes” was arrested for DUI in 2007 and thereafter sentenced to a alcohol education program.

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.

It is illegal for you 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.

Singer Eric Carmen Charged With Second DUI, Starpluse.com, September 10, 2008.

Hungry Bloodshot Eyes, TMZ.com, September 10, 2008.

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Continue reading "Second DUI for Eighties-Era Raspberries Singer Eric Carmen " »

Titans defensive end Jevon Kearse is off the hook until January 6, 2009. Kearse was pulled over and charged with DUI on June 22, 2008 after Vanderbuilt University police spotted his sports utility vehicle weaving across a road. Kearse refused a breath test at the scene. Kearse’s attorney has told the judge that neither he nor the prosecutor have been able to see the police video of Kearse’s arrest. Results from a blood alcohol test are not known. California’s blood alcohol limit is 0.08.

Police say Kearse was speeding and swerving in his sport utility vehicle and when pulled over, Kearse had slurred speech, red eyes and alcohol on his breath. He claimed he had only had a Vodka and Red Bull and then refused the breath test. In California, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI.

Kearse re-signed in March with the Tennessee Titans, where he was the NFL's defensive rookie of the year in 1999, after playing for the Philadelphia Eagles previously. He has struggled with injuries and ineffectiveness in recent seasons and is expected to be a situational pass rusher this season.

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.

Titans’ Jevon Kearse Arrested for DUI, Fanhouse.com, June 22, 2008.

Kearse’s Hearing Postponed Until January 6, Yahoo Sports, September 30, 2008.

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Hooman Karamian, also known as “Nik Ritchie” on TheDirty.com, a popular celebrity blogger website based in California was arrested for driving under the influence in January 2008.

It is ironic because Ritchie has a wall of shame on which he posts mug shots of celebrities who are busted for DUI and other nefarious acts. The Smoking Gun has released the police report from the night of Karamian’s arrest.

During processing after his arrest, Karamian said that the cop “did not know the things he did for the community, and that a DUI would not be a good thing for him,” the report reads.

Tests showed his blood alcohol count was .165, more than twice Arizona and California’s .08 limit. Karamian pled guilty to a misdemeanor drunk driving charge at the Scottsdale City Court.

His occupation listed as “website writer,” Karamian/Ritchie was the famous celebrity blogger who found pictures of Matt Leinart holding a beer bong for a co-ed. The rest of the story: Kurt Warner is the new starting quarterback for the Cardinals. Not that we blame Ritchie for that, but thanks to the Smoking Gun for exposing this celebrity blogger.

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.

Nik Ritchie of The Dirty Arrested for DUI Celebrity Café, September 4, 2008.

The Dirt On The Dirty, The Smoking Gun, September 4, 2008.

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E! Online almost gleefully reports the ongoing saga of LOST star Daniel Dae Kim, who pled "no contest" to DUI charges last Friday. The popular television show's creators have no qualms about throwing stars off the show as a result of their DUI arrests. Kim is the fourth in a line of LOST stars whose characters were almost immediately eliminated from the show because of their careless driving habits (three other cast members were charged with DUI) while in Hawaii during LOST filming, reports TMZ.com.

Kim was driving erratically in late October 2007 when an officer pulled him over and administered a blood test. According to court documents, Kim’s blood alcohol level was shown to be .0168, which is more than twice the legal limit in Hawaii and California.

Kim’s license has been suspended for six months and he was ordered to perform 72 hours of community service, pay a $500 fine, and $212 in court fees.

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.

Daniel Dae Kim Cops to DUI, Loses License, E! Online, September 12, 2008

Lost: One Driver's License!, TMZ.com, September 13, 2008

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Television star Scott Michael Foster of Greek pled not guilty last week to DUI charges from his bust earlier this summer in southern California.
Foster was arrested in the early hours of July 21 after he failed a field sobriety test issued during a routine traffic stop. He was charged with drunk driving because his blood alcohol level was 0.08 percent or above. California's legal limit is 0.08.

After several hours, he was released on $5,000 bail and then returned directly to the set of his television show. Yahoo! News reports he apologized to his fellow cast and crew upon his return to the set. A pretrial hearing will be held on September 22.
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.

DUI Plea All Greek to TV Star, E! Online, September 5, 2008

DUI Plea All Greek to TV Star, Yahoo! News, September 5, 2008

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