San Diego DUI Lawyer Blog

A San Diego County mom was sentenced to probation instead of Jail for letting underage teens drink alcohol and get drunk at her home in Fallbrook.

Deborah Gibney, 47, had pleaded guilty to breaking a county ordinance that calls for a host to verify the ages of guests who consume alcohol and also control the access of alcohol to minors in Vista Superior Court.

Approximately twelve underage teenagers that were intoxicated got sick after drinking an excess of alcohol and vomiting after the Fallbrook mom allowed them to consume alcohol at a party she had at her home to celebrate the end of the school for her kids and their friends on June 10. Gibney was arrested after she brought one of the severely intoxicated youngsters to Fallbrook Hospital for treatment. No one was arrested for DUI or driving under the influence.

There were at least 100 kids at the party and Gibney was the only adult in attendance. San Diego Sheriff’s Lt. Phil Brust said, “We are not saying she provided the alcohol, but alcohol was brought to the party, and she was there while kids were drinking it.” Gibney was sentenced to 3 years probation and a $300 fine.

Driving Under the Influence in San Diego County

Hosting a party and allowing underage teens to consume alcohol and become intoxicated is against the law. 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.

No Jail for Woman Who Let Teens Drink Themselves Sick at Her House, San Diego 6 The CW, February 17, 2010

No jail for Fallbrook mom who allowed teens alcohol, KFMB News 8, February 17,2010

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Continue reading "San Diego County Mom Avoids Jail Time" »

San Diego police will be scouring area beaches over the Labor Day weekend for people drinking or under the influence of alcohol or drugs and enforcing parking laws.

Officers from around the San Diego County including motorcycle officers, traffic controllers, retired senior volunteers, parking enforcement officers, beach teams, will all be out enforcing DUI, drinking on the beach, drunk in public, seatbelt laws, and parking regulations.

It is estimated that around 750,000 beachgoers are expected to turn out to San Diego beaches this Labor Day holiday weekend.

Driving Under the Influence in San Diego County

During a holiday weekend people want to have a good time, but, it is a person’s responsibility to obey the laws about drinking on the beach. If you have 0.08 percent or more by weight, of alcohol in your blood, you will be charged with a DUI if apprehended.

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 may face a fine as well as jail time if you are convicted.

Booze Ban Patrols Expand on Labor Day Weekend, San Diego 6 The CW, September 1,2009

California DMV: if you are pulled over for DUI what happens?

Continue reading "San Diego Police Will Be Patrolling Beaches For DUI Over Labor Day Weekend" »

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

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

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

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

Web Related Resources

Sheriff's Dui Arrests Increase Fifteen Percent This Holiday Season: Aggressive Enforcement to Continue East County Magazine

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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This holiday season the San Diego County Sheriff’s department is ready to combat drivers who drive while under the influence. They may be better prepared than ever. San Diego County sheriff’s department was just awarded a $1.1 million-dollar grant to increase DUI patrols and checkpoints.

Paid out over the next three years, the AVOID program grant will cover extra shifts for 760 deputies (6,000 extra hours), 32 additional DUI checkpoints, and 207 saturation patrols. All this aimed directly at drivers who may have had too much to drink.

Pat Hodgkin from Mothers Against Drunk Driving reports that drunk driving crashes kill two people every week in San Diego County on average. She hopes with this AVOID program grant, those numbers will change.

"Everybody is behind this. Everybody is very excited about this," Hodgkin said.

Corporal Jason King with the sheriff's department agrees. "Economically this is going to put extra officers and deputies out on the street to actively pursue DUI enforcement."

Sixteen separate police agencies will join for the program in cities in San Diego County, including Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, Oceanside and San Diego. The money will also provide beefed-up patrols for big drinking events through the year, including opening day at Del Mar racetrack, St. Patrick’s Day in downtown San Diego, and events at Qualcomm stadium.

The grant money goes into action this weekend, with seven DUI checkpoints and saturation patrols across the county.

Driving Under the Influence in San Diego County

A San Diego County DUI is expensive in 2008, with court costs, fines and fees, drivers arrested for DUI could be looking at a cost over $10,000. 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.

Sheriff's Department Lands Million-Dollar DUI Grant, CBS8.com, December 11, 2008

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Continue reading "San Diego County Sheriff Gets Help Fighting DUIs for Holiday 2008" »

In 2008, alcohol-related crimes dropped overall, declining 17 percent, however, DUI arrests near San Diego’s beaches are up 8 percent. This after a one-year temporary ban instituted on all San Diego beaches instituted in late 2007. Even after this report, Proposition D, which made the alcohol ban permanent on San Diego beaches, gained voter approval on November 4, 2008. Will this mean more DUIs, or less?

Police officials aren’t entirely sure. Proponents insist that the permanent ban will continue to improve alcohol-related crime rates while opponents of the measure caution that there were many other factors at play that may have caused the results.

"I can appreciate the fact the police want to present statistics such that crime is always going down," said Jacob Pyle of the group FreePB.org. "However, a decrease in community visitors with a corresponding drop in crime does not make my community safer."

Pyle also noted that the city is on track to have almost 4 million fewer visitors to its beaches this year.

San Diego city councilman Kevin Faulconer said the police report proves the beach communities are safer with the alcohol prohibition.

"I think the statistics we've seen today bear that out," he said.

Faulconer, who represents a large portion of the beach areas, was the mastermind behind the one-year trial ban on alcohol at San Diego's beaches and coastal parks following a altercation in Pacific Beach on Labor Day.

Councilman Ben Hueso also praised the ban, saying it has done a lot to reduce crime in San Diego's beach communities. And he reproached beachgoers who think alcohol is a necessary to having a good time while at the beach.

"If people aren't going to the beach because they can't drink, I think that's very, very sad," Hueso said.

Alcohol Ban at San Diego Beaches: Will It Increase DUI Arrests?

FAQ about the Alcohol Ban for San Diego Beaches

Change to City Council Policy on Alcohol at San Diego Beaches

Finally, A Beach Alcohol Ban (Which Needs A Tweak), San Diego Union-Tribune, SignonSanDiego.com, November 8, 2008

Alcohol-Related Crime Drops Following Beach Booze Ban, North County Times, NCTimes.com, October 22, 2008

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Continue reading "Will Permanent Alcohol Ban for San Diego Beaches Increase DUI Arrests?" »