San Diego DUI Lawyer Blog

In San Diego on Tuesday, Griffin O’Neal confessed to driving while he was under the influence of drugs when he caused a head on collision that injured a motorist in San Pasqual back in August.

O’Neal who is the son of actor Ryan O’Neal pled guilty for driving under the influence of drugs and possession of a firearm which adds up to two felonies. O’Neal’s possession of a “firearm by a felon” is the second felony due to his previous strike that occurred in 1992 when he shot his gun in an empty vehicle in Los Angeles. Since O’Neal pleaded guilty, the other charges against him were dismissed.

The forty-seven year old San Diego criminal is scheduled January 12 for his sentencing where he could face up to four years behind bars. According to Vanessa DuVall, a San Diego Deputy District Attorney, she described that O’Neal swerved into approaching traffic where he crashed into another vehicle. The motorist experienced head and back injuries resulting from the collision. Toxicology reports uncovered that during the collision, O’Neal had amphetamines, marijuana, cocaine and Xanax in his system. It was revealed that O’Neal had a previous DUI he was convicted of and was on probation during the time of the incident. The car that the San Diego inebriated driver had driven had rock cocaine and loaded weapons stashed in the interior.

According to the Associated Press, the same day of the crash, Redmond O’Neal, Griffin O’Neal’s’ half brother, was arrested for possession of heroin when he was pulled over during a traffic stop by the police. Redmond O’Neal is the son of Ryan O’Neal and Farrah Fawcett.

Griffin O'Neal Pleads Guilty in DUI Crash, Sign on San Diego, November 22, 2011

Web Related Resources
California DMV guidelines about DUI
California DMV on California laws regarding driving while under the influence

Continue reading "Griffin O'Neal Pleads Guilty in San Diego DUI Crash" »

A DUI arrest was made in Newport Beach on Sunday night when Final Destination star Ryan Merriman was pulled over for a traffic violation by observing officers.

The twenty-eight year old actor was pulled over around 11:30 p.m. by a patrol officer due to driving past the solid limit line at a red light signal. According to the Newport Beach Police Department’s spokeswoman Kathy Lowe, she says that "he was stopped for the traffic violation and officers observed symptoms that he had been drinking and driving. They performed a field sobriety test which he then failed." Lowe did not comment on whether or not the drunk driver had to perform a breathalyzer test at the time of arrest.

The actor was then placed under arrest and taken into a nearby police station where he would be booked on the charge of driving while intoxicated. It was assumed that the Pretty Little Liars actor was under the influence of alcohol, not drugs. It is still in question whether or not Merriman has posted the $2,500 bail.

The actor’s other works include The Deep End of the Ocean (1999), Halloween: Resurrection (2002), The Ring Two (2005), The Luck of the Irish (2001), and the Disney Channel original movie, Smart House (1999).

Final Destination's Ryan Merriman Driven to Jail on DUI Charge, E! Online, November 7, 2011

Pretty Little Liars Star Ryan Merriman Charged With DUI, US Weekly Online, November 7, 2011

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 "Actor Ryan Merriman Arrested For DUI in Newport Beach" »

In Escondido last Saturday morning, a male driver in a Hyundai Sonata was arrested for driving under the influence as well as other charges for escaping a fatal hit and run crash.

According to Jim Bettencourt, a CHP officer, the collision took place at San Pasqual Road and Bear Valley Parkway intersection when the 27 year old drunken driver in the Hyundai Sonata crashed into the passenger side of a Ford Aerostar Van ultimately killing the young female passenger in the van.

The driver of the van suffered minor injuries and was taken to the nearest hospital. Bettencourt also said that after the drunken driver hit the van, he fled the scene. The 21 year old female passenger’s identity has not been released. The second passenger in the van who is 24 years of age suffered minor injuries where he was then taken to a hospital to get treatment. Another female passenger who is 31 years of age suffered major injuries and was taken to the hospital where she is expected to survive.

Joshua Goldbaum, the San Diego drunken driver was then caught and arrested for driving under the influence, hit and run as well as gross vehicular manslaughter. Authorities took Goldbaum to Vista jail where his bail was set at $100,000. San Pasqual Road and Bear Valley Parkway intersection was closed for five hours due to investigation of the crash.

Man Arrested in Fatal Collision Near Escondido, Sign on San Diego, October 8, 2011

Web Related Resources:

California DMV guidelines about DUI
California DUI: DUI procedures

Continue reading "San Diego Man Arrested For Fatal DUI Hit and Run Crash" »

A San Diego DUI accident that occurred in El Cajon leaves 2 men seriously injured according to the California Highway Patrol.

The suspected San Diego DUI driver, Dustin Beyer, 21, was taken into custody on suspicion of driving under the influence after he allegedly ran a red light his 2007 Ford Econoline 350 van. The suspected DUI crash happened around 4:35 p.m. in the vicinity of Jamacha Road and Chase Avenue.

The alleged DUI driver crashed into the left side of a 2000 Honda Accord as the 35 year old driver of the Honda was in the intersection making a left turn. Both the driver of the Honda and his male passenger were taken to the hospital where they are said to be in serious condition.

The suspected DUI driver was arrested on a felony count of driving under the influence and is being held in San Diego’s central jail on 100,000 bail. He will be arraigned at San Diego Superior Court in El Cajon at1:30 p.m. on Tuesday.

Driving Under the Influence in San Diego County

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

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

Man critically injured in suspected DUI accident, Sign On San Diego, October 1, 2011

Web Related Resouces:

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 DUI Crash Leaves Man Seriously Injured" »

A DUI arrest in San Diego was made due to a near fatal crash involving a motorcyclist that could result in three felonies if the motorcyclist doesn't survive.

Jessica Bloom was driving her white Chevy Blazer in Rancho Bernardo on Sunday around 12:30 in the afternoon when Bloom accelerated in her SUV and rear ended a motorcycle. David Smith, the motorcyclist as well as a Marine, was thrown from his bike on impact. The young, drunk, San Diego driver left the scene immediately without stopping and did not pull over and get out of her SUV. Luckily, there were witnesses that saw the entire accident.

The motorcyclist was taken to Palomar Medical Center in Escondido where he suffered from major head trauma and injuries to his liver and spleen. Due to the victim’s condition, there is a possibility he will not live due to his head injury. As of now, Bloom could be charged with felony DUI, felony hit and run and possibly manslaughter. The young, drunk driver was quickly arrested due to a witness who followed her when she tried to flee the scene. According to Traffic Det. Dan Wall, “People who watched the accident followed to her apartment and waited for police to arrive and take her into custody…I wish everybody would do it. It helps us out a heck of a lot.”

Wall also adds “Don’t put yourself in jeopardy or peril by driving 100 miles per hour (to follow someone),” he said. “In this case, they kept a reasonable distance and did not put themselves in jeopardy. That’s fine.”

Rancho Bernardo Hit-and-Run Driver Facing Two Felony Charges, PomeradoNews.com, August 1, 2011

Web Related Sources:

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 Woman Faces Two Felony Charges for DUI Hit and Run" »

Del Mar DUI arrest for a well known Jockey on suspicion of driving under the influence of alcohol just hours after his big win on the opening day at the races.

According to the San Diego Police Department Lt. Andra Brown, the Jockey, Mike Smith, who is a Pasadena resident, was pulled over on Wednesday night near Carmel Valley Road around 11:30 p.m. in his 2011 Land Rover. Brown said that Smith was weaving and driving under the speed limit. This prompted a local officer to pull the Hall of Famer over and give him the option in completing a chemical breath test.

Due to his blood alcohol level, which has not been released to the public, the officer took the Jockey to county jail where he was released several hours later on bail. On September 1st the drunken driver is scheduled to make a court appearance for this incident. When Smith was contacted the next day after his arrest, Smith said "I got pulled over. I was taken down to the station and released. I am at work the next day. It's no big deal."

He later explained that the only person he is disappointed in is himself. According to the Jockey, he should have known better to not get behind the wheel after drinking more than two glasses of wine at 115 lbs. According to Joe Harper, the general manager as well as the President of the Del Mar Thoroughbred Racing Club, this incident will not legally inhibit the Jockey from future races.

Jockey Arrested On Suspicion Of DUI Apologizes, 10 News, July 21, 2011

DEL MAR: Hall of Fame Jockey Arrested on DUI Charges, North County Times, July 21, 2011

Web Related Resources

California DMV: Pulled over for DUI

California DMV on driving drunk

Continue reading "Del Mar DUI Arrest for Jockey Hall of Famer " »

DUI arrest In Moreno Valley for Rodney King who was arrested on suspicion of driving while under the influence of marijuana in his 1994 Mitsubishi.

King told CNN that he uses medical marijuana to cope with migraine headaches as well as lower back pain but did note that he should not have been driving while under the influence of the substance. The Moreno Valley police report explained that King committed “several traffic violations” however; speeding was not one of them. When King was signaled to pull over his vehicle, police asked him to participate in a field sobriety test which he agreed to complete. According to King, he was driving to his friend’s home that recently was purchased in Moreno Valley.

This incident is not his only run in with law. In 1996, King served a 90 day jail sentence for a hit and run he committed with his wife at the time. In 2004, he was arrested for driving while impaired. Last March, King was cited for not driving with a license in Arcadia California.

In the beginning of this year a CNN documentary aired with Rodney King telling CNN’s Don Lemon about his lifelong struggle with alcohol. King said “I'll always have an issue when it comes to alcohol. My dad was an alcoholic, the addiction part is in my blood…what I've learned to do is to arrest my -- addiction, arrest it myself, so I don't get arrested." When the Riverside District Attorney’s Office receives King’s case, it will be up to them whether or not they want to take legal action against King.

Rodney King Admits Using Prescription Marijuana, San Diego 10 News, July 15, 2011

Web Related Resources

California DMV: Pulled over for DUI
California DMV on driving drunk

Continue reading "DUI Arrest for Rodney King for Driving Under the Influence of Marijuana" »

One of MTV’s star stuntman died in a drunken car crash on the morning of June 20, 2011 in Pennsylvania.

Ryan Dunn of MTV’s Jackass and Zachary Hartwell were going 140 mph in Dunn’s Porsche on Route 322 when the car crashed and caught fire. A tow truck hauled the demolished car away. It wasn’t reported until later that Dunn and his friend had been drinking before getting behind the wheel. According to the autopsy report, both Dunn and Hartwell suffered from “blunt and thermal trauma” in the accident.

Dunn who was indeed driving, showed in his toxicology report results that his blood alcohol level was 0.196%-when the Pennsylvania state limit is 0.08. His alcohol content was more than twice the legal limit!
Before the crash even occurred, a photo of the two men drinking was tweeted by Dunn at a bar in West Chester Pennsylvania.

The stuntman had many friends who shared their sadness and condolences through twitter. Johnny Knoxville, a fellow Jackass member tweeted "Today I lost my brother Ryan Dunn. My heart goes out to his family and his beloved Angie. RIP Ryan. I love you buddy." Benji Madden of Good Charlotte tweeted "I'm very Sad and Shocked to hear about Ryan Dunn,". "My thoughts & prayers are with his Family." Another friend of Dunn’s, Brody Jenner tweeted his condolences as well; "Just heard about Ryan Dunn… So sad.. #RIPRYANDUNN."

Jackass Star Ryan Dunn Killed in Car Crash, People Magazine Online, June 20, 2011

Ryan Dunn Was Driving Drunk When He Died, People Magazine Online, June 22, 2011

Web Related Sources

California DMV guidelines about DUI

California DMV on driving drunk

Continue reading "Ryan Dunn Dies in DUI Car Crash" »

In Sacramento, North County Assemblyman Martin Garrick was arrested for driving under the influence of alcohol.

The drunken driver apologized in his statement saying the incident was a “lapse in judgment” and that he well aware of the consequences that comes from drinking and driving. It was reported that California Highway Patrol officers spotted the sedan Garrick was driving when it sped through a 25mph zone in the downtown area of Sacramento. Garrick even blew through a stop sign. When police tried to pull Garrick over, the assemblyman kept on driving and accelerated until he pulled into the Capitol building’s parking garage.

Officers who spotted Garrick noticed that he showed signs of driving under the influence in which Garrick had to perform a field sobriety test. After he failed the test, officers took the drunken assemblyman to the station where he would later be released. Fifty-eight year old Garrick faces a misdemeanor DUI count.

The following is Garrick’s statement regarding his DUI. "I am deeply sorry for my lapse of judgment yesterday evening. Driving while under the influence of alcohol is dangerous. I apologize to my family for the embarrassment I have caused them, and I hope they will forgive me for my actions. I also apologize to my constituents. They have the right to hold their elected representative to a high standard, and I regret that it was one I failed to meet last night. I will strive to never let them down again. Last night's incident was isolated, but it served as a stark wake-up call. I promise my family and my constituents in the 74th District that I will never drink and drive again."

Local Assemblyman Arrested On Suspicion Of DUI, 10 News, June 16, 2011

Web Related Resources

California DMV on California laws regarding driving while under the influence

California DUI: DUI procedures

Continue reading "DUI Arrest for Assemblyman Martin Garrick " »

Estella Warren was charged on Thursday for a Driving under the influence of alcohol, a hit and run and assaulting as well as resisting a police officer.

On May 23rd, the Planet of the Apes actress and model crashed her Toyota Prius into three cars in Los Angeles and kept on driving until police had spotted her to pull her over. When pulled over, it was reported that Warren was “resisting arrest” by kicking one of the officers. The drunken model finally was put into cuffs after she had refused a chemical breath test and clearly failed a field sobriety test.

While the actress was being booked at the station, she managed to slip her wrists from the handcuffs and tried to flee; however, she was caught and booked on a additional charge of felony escape. This makes a total of four misdemeanors in one night. The Sports Illustrated swimsuit model has her arraignment scheduled for June 17. Since been charged with four misdemeanors, Warren is looking at six months maximum behind bars.

This is not the first encounter the actress has had with the law. In 2007, she was convicted for driving under the influence. During her arrest last May, an L.A. County Sheriff representative explained that Warren was “uncooperative and demanding.”

Estella Warren Arrested for DUI, Hit and Run, Assault and Escape , E Online, May 24, 2011

Estella Warren CHARGED -- DUI, Hit-and-Run, Battery, TMZ Online, June 9, 2011

Estella Warren Charged with DUI, Battery on Officer,, People Magazine Online, June 9, 2011

Web Related Sources

California DMV: Pulled over for DUI

California DMV on driving drunk

Continue reading "DUI Charge for Estella Warren Along with Three Other Misdemeanors" »

In Missoula Montana, University of Montana quarterback Nate Montana, 21, was arrested for driving while intoxicated.

According to the county sheriff’s spokesman, Jason Johnson, Montana, the son of the NFL Hall of Famer Joe Montana was pulled over by police due to speeding around 4 a.m. on Friday. When pulled over, Montana refused to participate in an alcohol breath test however was arrested anyway for drunken driving. Montana was taken to Missoula County Jail where he was booked and then later released on a $685 bond. This is Montana’s first DUI offense; a misdemeanor traffic infraction. If convicted, the athlete will have to complete twenty four hours in jail as well as pay a $1000 fine according to Montana state laws.

It is even possible that the college football player will have to complete an alcohol treatment course required by the judge. The state of Montana has strict laws when it comes to drinking and driving because it has the largest fatality-rate due to driving under the influence. Those who are pulled over due to suspicion of driving while intoxicated and refuse to submit to a breathalyzer test or a blood alcohol test could result in a suspension of their license.

At Nate Montana’s initial court appearance, the athlete entered a not guilty plea for drunken driving. This is Montana’s second arrest due to alcohol since July 2010. Montana’s first encounter with the law occurred when he as well as ten other Notre Dame athletes were arrested for underage drinking in South Bend Indiana.

NFL Great Joe Montana's Son Charged with Drunken Driving, Yahoo News, June 3, 2011

Joe Montana’s Son in Alcohol-Related Arrest, New York Times, June 3, 2011

Web Related Resources

California DMV on California laws regarding driving while under the influence
California DMV: Pulled over for DUI

Continue reading "DUI Arrest for NFL Star Joe Montana's Son " »

A DUI arrest for a University of Las Vegas Basketball forward on charges of suspected drunken driving.

Chance Stanback, a 21 year-old forward who plays for UNLV was arrested on Friday on misdemeanor charges for allegedly driving in his 2010 Mercedes while intoxicated, having no proof of insurance and speeding. He was taken into custody and later released on his own recognizance.

According to Officer Jacinto Rivera, the 6 –foot-8 suspected drunk driver was arrested around 2:00 am in close proximity to the UNLV campus. Stanback is a senior and transfer student from UCLA. He is scheduled to appear in court on August 11. UNLV lost to Illinois in the first round of the NCAA tournament.

If you are arrested for San Diego DUI you may want to consider talking to an experienced San Diego DUI lawyer who can explain all of your legal options.

UNLV basketball player Chace Stanback arrested on DUI charge, Sporting News.com, May 16, 2010

UNLV Forward Stanback Arrested For DUI, 10News.com, May 18,2010

Web Related Resources:

California DMV: guide to DUI arrest

California DMV: Pulled over for DUI

Continue reading "DUI Arrest for UNLV Basketball Player Stanback" »

On Sunday night in Los Angeles, Rick Springfield was arrested for the suspicion of driving under the influence of alcohol.

A La Sheriff pulled the 61 year old rocker over around 8 p.m. due to a traffic violation, however on a breath test Springfield blew a .10, above the legal limit. Officers could smell the alcohol in the vehicle when they decided to issue the singer a sobriety test which he failed.

After he failed the test, he was taken into custody by the officers where he was released on $5,000 bail a short time later. Springfield’s rep did not comment. Earlier on Sunday the Jessie’s Girl singer was at USC where he attended The Los Angeles Times Festival of Books. The rocker’s arrest gives great attention to the persisting problems in the United States of driving while intoxicated.

According to the Centers for Disease Control and Prevention, 1.4 million drivers were arrested for driving under the influence of drugs or alcohol in 2009 alone. There are steps that people can take to avoid a dangerous situation that results from drinking and driving such as; assign a designated driver that will not drink when with a group, call a taxi or alternate ride, or take away the keys of a friend that has been drinking.

Rick Springfield Arrested for DUI, People Magazine Online, May 2, 2011

Cops Nab Rick Springfield for DUI, USA Today Online, May 2, 2011

Web Related Resources

California DMV: guide to DUI arrest
California DMV: Pulled over for DUI

Continue reading "Rick Springfield Arrested in Los Angeles for Driving Under the Influence" »

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

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

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

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

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

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 "Man in DUI Crash That Killed Rookie Pitcher Sentenced to 51 years" »

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

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

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

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

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

Web Related Resources:

California DUI:DUI procedures
California DMV: guide to DUI arrest

Continue reading "San Diego Suspected Drunk Driver Flees Rollover Crash" »

A San Diego DUI suspect is behind bars after leading San Diego police on a pursuit that began in Encinitas and ended in Orange County, according to the California Highway Patrol.

The alleged drunk driver whose name has not yet been identified was suspected of hitting a stopped car just after 6:00 p.m. Tuesday on Interstate 5 near Manchester Avenue in Encinitas. The man suspected of San Diego DUI continued northbound on Interstate 5 in a maroon Lincoln.

The Border Patrol and California Highway Patrol officers tried to bring the alleged DUI driver a halt near the San Onofre checkpoint but failed. CHP finally put out a spike strip just north of Junipero Sera Road in Orange County which flattened all four of the DUI suspects car.

The man suspected of driving under the influence was taken into custody into a San Diego County jail where he was booked on suspicion of DUI and evading police. If you are charged with driving under the influence in San Diego County, it may be in your best interest to consult an experienced San Diego DUI lawyer to discuss all of your legal options.

Driving Under the Influence in San Diego County

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

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

Suspected Drunk Driver Leads Police On Pursuit, 10News.com, April 5, 2010

ENCINITAS: Suspected drunken driver arrested after pursuit, North County Times, April 5, 2010

Web Related Resources:

California DMV: Pulled over for DUI
California DMV on driving drunk

Continue reading "San Diego DUI Suspect Arrested in Orange County after Leading Police on Chase" »

A San Diego DUI suspect was taken into custody after crashing into a Santee fire hydrant and fleeing the scene, according to a San Diego Sheriff’s Sergeant.

After crashing his vehicle into a fire hydrant around 12:30 a.m. at Woodside and Magnolia in Santee, the suspected San Diego DUI driver, 25 year-old Austin Pinto fled the scene while water was shooting up into the air, said Sergeant Brent Strahm.

Pinto who was suspected of driving under the influence had sped away with his headlights off. He was pulled over a short time later by a deputy who noticed that there was damage to Pinto’s vehicle and there were marks on the car from yellow paint and that it was wet.

The suspected drunk driver was arrested and booked on suspicion of driving while intoxicated, and failing to stop at the scene of an accident causing damage to property. If you have been arrested for DUI in San Diego, it may be in your best interest to obtain legal council from a San Diego DUI lawyer.

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.

Suspected DUI Driver Arrested After Crash Into Hydrant, 10News.com, April 14, 2010

DUI Arrest in Hydrant Hit & Run Crash, San Diego 6 The CW, April 14, 2010

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 DUI Suspect Arrested after Fleeing Scene of Crash into Santee Fire Hydrant" »

A San Diego suspected drunk and out of control driver with prior San Diego DUI convictions pled not guilty to felony charges for stealing an ambulance and leading San Diego police on a chase.

The San Diego DUI driver, 52 year-old Paul John Sos stole the ambulance from Sharp Memorial Hospital on Saturday around 6:30 a.m. San Diego Fire dispatchers used GPS to track down the ambulance which belongs to the San Diego Fire-Rescue Department.

Officers were unsuccessful at stopping the DUI driver while he was traveling on Balboa. Finally the ambulance came to a stop after 6 tires were flattened by spike strips that were set out.

Sos, who is being held on $75,000 bail, has three prior felony DUI and three misdemeanor DUI convictions and is now being charged with felony drunk driving, DUI with a blood alcohol concentration of .08 or higher, driving on a suspended license, auto theft, evading police with reckless driving.

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.

DUI Suspect Enters Plea Over Stolen Ambulance Chase, San Diego 6 The CW, April 7, 2010

Man Pleads Not Guilty To Stealing Ambulance, 10News.com, April 7, 2010

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 Suspected of DUI Pleads Not Guilty Over Stolen Ambulance" »

A San Diego County Caltrans driver who was suspected of driving while intoxicated was arrested for suspected San Diego DUI after his tractor slid off the back of his truck crashing into a Julian home.

Christopher Trachta, 49, was suspected of drunkhttp://www.sandiegolawcenter.com/lawyer-attorney-1239594.html driving when he continued to drive on after his tractor slammed into an apartment owned by Paul Thomas who is also the owner of Julian Hard Cider. He crashed into a pickup truck then swerve into oncoming cars before coming to a halt near Winola Farms marketplace.

The San Diego DUI crash happened about 1:00 p.m. on Friday. “The employee has been placed on administrative leave pending a review of the police investigation. The department makes safety of motorists and its employees a top priority and feels very strongly about the dangers of drinking and driving and will act swiftly if the evidence3 proves that the driver was intoxicated. The Department is upset that the end result has caused a hardship for the homeowner, and we are taking this very seriously,” said in a statement released by Caltrans.

The Caltrans DUI driver was arrested on suspicion of driving under the influence.

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.

Caltrans Driver Crashes, Arrested For DUI, 10News.com, February 14, 2010

Web Related Resources

California DMV on California laws regarding driving while under the influence

Continue reading "San Diego County Caltrans Driver Arrested After Crashing Into a Julian Home" »

A 16 year old boy was struck on his bicycle by an Ocean Beach woman who fled the scene in a hit and run near Sunset Cliffs, was arrested on suspicion of DUI.

According to San Diego Police, the 24 year-old woman whose name has not been released, hit the boy while he was riding his bicycle in the bike lane around 5:30 p.m. on Tuesday. The suspected drunk driver fled the scene but a witness followed her to her home.

The witness was former San Diego Councilman Michael Zucchet. He called the San Diego police while he pursued her to her Ocean Beach home on Bacon Street. When the police arrived the woman was asleep.

It was not known what kind of injuries the boy sustained. The intoxicated woman was taken into custody on suspicion of DUI and hit and run.

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.

Cops: driver who hit cyclist and fled was drunk, Fox 5 San Diego, October 14,2009

California DMV guidelines about DUI

Continue reading "Ocean Beach Women Suspected of DUI and Hit and Run of Cyclist" »

In Hollywood, Florida four police officers were placed on leave after they were caught on camera scheming to cover up an incident involving one of the officers and a drunk driver.

Alexandra Torrensvilas, 23, of Hollywood, Florida who was later accused of driving under the influence was rear-ended by a police officer on February 16. According to her defense attorney Lawrence Meltzer, “This is the worst case of police misconduct I have ever seen.”

After officer Joel Francisco rammed into the back end of Torrensvilas vehicle, it was recorded on camera from the dashboard of his police car and also an audiotape of Sgt. Dewey Pressley is heard supposedly trying to recreate what actually happened.

“Well I don’t lie and make things up ever, because it’s wrong, but If I need to bend it a little to protect a cop, I’m gonna,” said Pressley.

“I will write the narrative out for you. I will tell you exactly how to word it so it can get him off the hook. You see the angle of her car? You see the way it’s like this? As far as I’m concerned, I am going to word it she is in the left hand lane. We will do a little Walt Disney to protect the cop, because it wouldn’t matter because she was drunk anyway,” said Pressley a 21 year police veteran.

“It’s disgusting the way the officer was so casual and how he manipulated the evidence in this case, he could very well face prison time,” Meltzer said.

The DUI charges that were made against Torrenvilas were dropped by the Broward State Attorney’s Office. They released the following announcement:

“The Broward State Attorney’s Office Wednesday dropped Dui and a traffic charge against Alexandra Gabriela Torrensvilas of Hollywood, the driver of the car involved in a collision with a Hollywood police cruiser Feb. 17 on Sheridan Street in Hollywood. The SAO’s action comes following a review of a videotape shot after the accident that could raise questions about the police account of the traffic mishap.”

Internal Affairs are investigating all four of the officers, Dewey Pressley, Joel Francisco, Karim Thomas and Andrew Diaz.

Police Caught On Camera Altering Report, 10news.com,July 29, 2009

Continue reading "Police Veterans Placed on Leave After Falsifying a Report Involving a DUI Crash" »

In Clairemont on Monday, a suspected drunk driver struck and injured a bicyclist.

The man who was driving under the influence is said to be in his 20’s was arrested and taken into custody for DUI related charges, according to san Diego police.

About 11:30 a.m. on Monday, the bicyclist was riding on Balboa Avenue near Charger Boulevard when he was hit by the intoxicated driver. He was then transported to a local hospital sustaining a chipped tooth and a cut on his forehead.

The suspected drunk driver was driving on a suspended license from a previous DUI, said police, before being taken to jail.

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.

Driver who hit bicyclist is suspected of drinking, Sign on San Diego, April 1,2009

Web Related Resources

California DMV guidelines about DUI

Continue reading "San Diego Man Suspected of DUI Hits Bicyclist" »

Monday police conducted a DUI warrant sweep in Chula Vista that ended with 5 people in jail.

Chula Vista police took 5 people into custody that were convicted of drunk driving, that violated orders to appear in court or did not complete their terms of probation in a DUI sweep.

The 5 driving while intoxicated suspects were arrested and taken to San Diego County Jail on Tuesday.

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.

DUI Warrant Sweep Nets 5 In Chula Vista, 10 News.com, March 24,2009

Web Related Resources

California DMV guidelines about DUI

Continue reading "Chula Vista Police Arrest 5 in DUI Sweep" »

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

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

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

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

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

Driving Under the Influence in San Diego County

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

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

California DMV guidlines concerning DUI

Related Web Resources

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

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

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

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

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

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

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

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

Driving Under the Influence in San Diego County

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

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

Web Related Resources:

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

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

Lance Cpl Quintin Garza III a 21 year old Camp Pendleton Marine was booked into Vista Detention Facility on January 1st on suspicion of driving under the influence that allegedly caused a crash that killed 29 year old Guadencio Reyes-Guaintana of San Marcos. This was the only fatal DUI in North County on New Year’s Day.

According to North County’s Fire District dispatcher and the San Diego’s medical examiner’s office both vehicles were traveling northbound just before 5:00am when they veered off a curvy El Camino Real in Rancho Santa Fe. Guaintana-Reyes the father of a newborn daughter died at the scene. Garza only had minor injuries.

On Tuesday January 6th Garza was charged with Felony DUI with Injury and Gross Vehicular Manslaughter which he plead not guilty to. At his arraignment Judge Marshall Hockett raised his bail from $200,000 to $350,000. Garza will remain in the Vista jail while awaiting his next court appearance on February 4th.

Related Web Resources

Father of Newborn Killed in DUI- Related Crash 10news.com

Marine Pleads Not Guilty in Fatal DUI Crash Marine Corps Times

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

Related Web Resources

California DMV guidelines regarding DUI

California DMV: DUI procedures

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

Related Web Resources

California DMV guidelines about DUI

California DMV: DUI procedures after you are pulled over

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

For a family on a cross-country trip to visit grandparents last summer, the blissful vacation ended in tragedy after an unlicensed driver hit and killed 3-year-old Zachary Foster of El Cajon, California. Now, police report the driver was also driving under the influence of cocaine.

Kenneth D. Edwards, 41, was arrested shortly after the August 9, 2008 wreck in Fruitland Park, Florida and jailed on felony charges of vehicular manslaughter for leaving the scene of a crash involving a death and driving without a license.

The toxicology analysis concluded that traces of cocaine in Edwards’ blood at the time of the crash. Edwards plowed through a lawn and hit Zachary Foster while he played with toy cars in his grandparents’ corner lot front yard. Zachary’s parents, Amy and Charles Foster could only watch in horrified agony as Edwards struck Zachary with a borrowed car, got out of the car to look at the boy, and then quickly drove away. Edwards was arrested at a friend’s house about a mile away.

A habitual felony offender, Edwards was released from prison in October 2007 after a five-year stint for dealing cocaine.

Although the presence of cocaine in Edwards' blood does not actually prove he was under the influence of the drug, it could assist prosecutors as they pursue a DUI manslaughter charge, which carries tougher penalties than vehicular homicide.

Driving Under the Influence in San Diego County

Driving while under the influence of any substance can impair your ability to drive safely. In this case, the driver barreled across a front lawn and struck and killed a child at play. Vehicular manslaughter charges and DUI manslaughter charges carry much heavier sentences than a typical DUI. 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.

Kenneth D. Edwards Could Face DUI Charge in Crash that Killed Toddler, OrlandoSentinel.com, November 20, 2008

Suspect May Face DUI Manslaughter, DailyPress.com, November 20, 2008

Related Web Resources

California DMV guidelines about driving while under the influence

California DMV: DUI procedures

Continue reading "DUI Charge To Be Added to Charges in El Cajon, California Toddler Fatality Last Summer" »

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

Related Web Resources

California DMV guidelines about driving while under the influence

California DMV: DUI procedures

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

A teenager driving an SUV while drunk that crashed—the crash killed one of his passengers—back in April has pled guilty to two felony charges.

DUI driver Richard Caldwell, 19, faces punishment for gross vehicular manslaughter while intoxicated and DUI causing injury. He may be sentenced to more than 12 years in prison at his January 20 hearing.

The group in the SUV was returning home from a party and Caldwell’s blood alcohol level was 0.12. The legal limit in California is 0.08. The SUV was driving down a residential street traveling at more than 70 mph when Caldwell lost control of the vehicle. The speed limit on that part of the road is 35 mph. The victim, 20-year-old Charles Elias Amaro II, was crushed to death in the back seat.

In last week’s hearing, Caldwell admitted that his conduct caused great bodily injury to two of passengers. Caldwell himself suffered a broken elbow and brain injury, and he is now deaf in his right ear.

The judge told Caldwell his case would normally result in prison, but told the defendant that he would consider his background and the victims' wishes before fashioning a fair sentence.

"I think it's going to be a very difficult sentencing hearing," the judge said.

Any future felony "strike" conviction could bring a third strike sentence of 25 years to life behind bars, the judge told the defendant.

Amaro, 20, who was crushed to death in the back seat, was scheduled to appear in court on the day of his death on an unrelated drunk-driving manslaughter accident that killed a 19-year-old Temecula woman and injured a second passenger.

Driving Under the Influence in San Diego County

This San Diego County DUI case is an all-too-real example of endangering one’s own life as well as the lives of friends by choosing to drive while intoxicated. 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.

Teen Pleads Guilty In Fatal DUI Crash, 10News.com, December 3, 2008

Valley Verde crash driver pleads guilty, Outside.In.com, December 6, 2008

Related Web Resources

California DMV guidelines about driving while under the influence

California DMV: DUI procedures

Continue reading "Rancho Bernardo, California Teen Pleads Guilty After Fatal DUI Crash" »

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

Related Web Resources

California DMV on drunk driving and field sobriety tests

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

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

Two teenage brothers were killed and another person injured when a suspected drunk driver crashed his pickup truck in their car at a Chula Vista, California intersection on Friday, November 21 at about midnight.

Investigators from the San Diego County Medical Examiner’s office identified the two brothers as Jason Spickerman, 16, and Daniel Spickerman, 18, both of Chula Vista, California.

A GMC pickup truck was traveling west on Main Street and collided with a Mitsubishi Galant at Brandywine Avenue. The GMC pickup driver fled the scene, but was picked up a short distance away and identified as Enrique Coronado, 31. He was arrested on suspicion of driving under the influence, felony hit-and-run, and driving without a license reported the Chula Vista Police Department in a written statement. Homicide charges are pending.

The driver of the Mitsubishi was taken to a local hospital and released.

Driving Under the Influence in San Diego County

Enrique Coronado’s decision to drive under the influence ended two lives. And now, with homicide charges pending, he’ll be culpable for vehicular manslaughter sentencing in California. 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.

Brothers Killed By Suspected DUI Driver 10News.com, November 22, 2008

Driver Suspected of DUI After Collision Kills Teens, SignOnSanDiego.com, November 23, 2008

Related Web Resources

California DMV on drunk driving and field sobriety tests

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

Continue reading "Chula Vista, California Brothers Killed By Suspected DUI Driver" »

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

Related Web Resources

California DMV on drunk driving and field sobriety tests

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

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

Rachel Silva, 27, of Oceanside, California pleaded guilty this week to felony child endangerment and misdemeanor driving under the influence. The incident occurred March 15 this year when Silva tailgated a San Diego police officer Frank White and his wife, a Carlsbad police dispatcher. Because of her road rage, Silva and her son were wounded by White in a Lowe’s store parking lot.

California state Attorney General’s Office, which prosecuted Silva, alleges that she “willfully placed her son under circumstances likely to produce great bodily injury or death.” Misdemeanor counts of driving while possessing marijuana and driving on a suspended and revoked license for a previous DUI conviction were dropped in exchange for the plea.

The prosecution alleges that Silva’s blood alcohol level was 0.15 (California’s legal limit is 0.08) when she drove into the path of White and his wife around 9 p.m. Officer White swerved in order to not hit her car and yet Silva tailgated him, revving her car’s engine and honking. Police say Silva pulled alongside the couple’s vehicle once in the Lowe’s parking lot shouting and then sideswiped their car.

Officer White then fired his gun at Silva’s Honda as a warning, but the woman used her Honda to hit White’s Mercury Milan again. Officer White then fired four additional shots into the windshield of Silva’s Honda.

Silva was struck twice in the arm and her 8-year-old son was hit twice in the left leg. White now faces trial on a felony charge of grossly negligent discharge of a firearm and a misdemeanor count of exhibiting a weapon. He could be sentenced up to nine years in prison if convicted. White and his wife were uninjured.

Defense contends that White identified himself as a police officer and that Silva was the aggressor.

Silva’s actions were a violation of probation for a 2007 drunken driving conviction in Temecula. She is now in a substance abuse treatment in a residential rehabilitation clinic. Silva faces up to four years in state prison at her spring 2009 trial, presided over by Judge David Danielson.

Driving Under the Influence in San Diego County

Besides the fact that harassing other drivers is frowned upon, 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.

Woman in Off-Duty Cop Shooting Pleads Guilty to DUI, 10news.com, November 10, 2008

Silva Guilty on Two Counts in Plea Agreement, SignonSanDiego.com, November 10, 2008

Related Web Resources

California DMV guidelines regarding driving under the influence

California DMV: DUI procedures

Continue reading "Oceanside, California Woman Pleads Guilty to DUI" »

Former Virginia Tech quarterback Marcus Vick has agreed to a DUI plea deal in order to stay out of jail. In exchange for Vick’s guilty plea to drunk driving, the Norfolk, Virginia court agreed to suspend his jail sentence of 12 months and fine him $530.

Vick will also lose his license for a year. Marcus is the brother of former Atlanta Falcons quarterback Michael Vick. Under California law, pleading guilty can also help you avoid jail time, however, you should contact an experienced criminal defense lawyer to help you with your case.

Marcus Vick was charged with driving under the influence and other related traffic offenses after fleeing from a bicycle officer on June 16, 2008 in downtown Norfolk. Vick, 24, of Suffolk, the brother of suspended Atlanta Falcons quarterback Michael Vick, had previously played for Virginia Tech. He was let go by Virginia’s team in 2006 after a series of problems both on and off the field and elsewhere. Subsequently, Marcus was released by the Miami Dolphins in 2007.

Police reports from the incident in June 2008 say a bicycle officer approached a couple arguing in a car around 2 a.m. When the officer asked for the man's identification, the car took off at high speed. A few minutes later, another officer spotted the car and stopped it. Subsequently, Vick failed a sobriety test, and was charged with DUI, misdemeanor eluding police, reckless driving and driving on a suspended license. In California, driving under the influence is subject to some of the toughest DUI laws in the country and exacerbating a DUI charge by traffic violations will only increase your chances of more serious punishment.

Vick was arrested and taken to the sheriff's department for booking. He was released later on $1,000 bond.

Driving with a Suspended License in San Diego County

Even if you are buzzed and get into a car, you still are subject to the same laws as the Vick brothers. In California, it is unlawful for any person with a suspended license to drive.

If you do drive with a suspended license, you will be arrested and your car can be taken away and impounded for up to 30 days. You could face a fine and jail time if convicted.

Marcus Vick Charged With Drunken Driving, Eluding Arrest, ESPN.com, June 18, 2008.

Ex-NFL Player Marcus Vick Charged With DUI, HamptonRoads.com, June 14, 2008.

Related Web Resources

California DMV on issues related to a suspended license

California DMV Point System

Continue reading "Former NFL Star Michael Vick’s Bro Guilty of DUI" »

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.

Related Web Resources

California DMV on driving while under the influence

California DMV: When you’re arrested for DUI

Continue reading "Barring Video Evidence, NFL Player’s Hearing is Postponed" »

Former Fresno State football player and current Cincinnati Bengals rookie Jason Shirley showed up back in court last week after a judge threatened to issue a warrant for his arrest. Shirley faces DUI and hit and run charges from a DUI arrest in October 2007. Shirley is accused of driving drunk and crashing into a Fresno, California apartment. Shirley left the scene of the crime before officers arrived.

Shirley’s hectic professional football schedule was the reason for the judge to threaten a warrant, but on September 30, with Shirley in attendance in court in Fresno, California, Judge Brant K. Bramer set dates for Shirley’s retrial.

Shirley’s lawyer, Charles Magill, insists, “This case comes at a great cost professionally, they know it, and that’s why they’re trying to force him back into trial.” Magill added, “A rookie player who misses seasonal games is gonna have an impact on them,” speaking of Shirley’s new employers, the Cincinnati Bengals.

Magill has already publicly stated that he plans to ask the judge to drop the charges. Magill also has plans to call the Fresno State football team doctor to the witness stand to discuss whether or not Shirley’s concussion from a previous football game may have had any bearing on the accident.

Shirley’s hit-and-run DUI retrial begins October 29. A jury motion is scheduled for October 14. This is Shirley’s second trial for this incident; a mistrial was declared in June at Shirley’s first trial, after the jury was deadlocked.

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.

Attorney Says DA Making An Example of Jason Shirley, CBS47TV, September 30, 2008.

Trial Date Set for Former Fresno State Football Player, Go Bengals.com, September 30, 2008.

Related Web Resources

California DMV on drunk driving

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

Continue reading "Former California College Football Star Jason Shirley and His Hit-and-Run DUI Case " »

NFL Denver Broncos wide receiver Brandon Marshall pleaded guilty on Friday, September 12, 2008 to a reduced DUI charge as part of a plea deal. Marshall pleaded guilty to driving while ability-impaired, not driving under the influence as was previously reported, and was sentenced to one year of probation. He was arrested in the fall of 2007 for driving under the influence and for driving the wrong way on a one-way street and failing to drive in a single lane. Marshall was arrested in downtown Denver early in the morning of October 22, hours after the Broncos beat the Pittsburgh Steelers 31-28 in Denver. In California, driving under the influence as well as other offense can lead to stiffer penalties.

The city's attorney's office agreed to drop a separate pending traffic case from June 2008 as part of the plea deal. The judge also agreed to drop the charges of driving the wrong direction and wandering out of his lane. Marshall will pay $1,100 in fines, will serve 24 hours of community service, and will attend alcohol education classes and will serve on a victim-impact panel. Maybe Marshall should get some glasses? Or was it another ability that was impaired? Inquiring minds would like to know why this NFL player got a reduced plea. In California, Marshall would more than likely have faced much more penalty as a result of his wrong-way, DUI, driving experience.

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.

Brandon Marshall Pleads Guilty to Driving While Ability Impaired, MileHighReport.com, September 12, 2008.

Brandon Marshall’s DUI Trial Postponed Until Sept., CBS4Denver.com, June 18, 2008.

Web Resources

California DMV on drunk driving

California DMV: if you are pulled over for DUI

Continue reading "Another NFL DUI: Brandon Marshall Finally In Court Almost A Year Later" »

NFL Atlanta Falcons safety Lawyer Milloy was arrested for DUI and speeding in Atlanta in the early hours of Monday, September 15, 2008. The former Super Bowl champion, 34, posted a $1,640 bond and was later released from a Gwinnett County, Georgia jail around 9:40 a.m. later that same morning.

Authorities reported that Milloy was speeding on an interstate in Georgia when he was pulled over and found to be driving drunk.

Atlanta Falcons head coach Mike Smith stated he considered Milloy a great player and that the matter would be handled internally. Smith and Milloy met on Monday, but neither discussed what happened during that meeting.

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.

Falcons Lawyer Milloy Posts Bond on DUI Charges, MyFoxAtlanta.com, September 15, 2008.

Falcons Safety Charged with DUI, Speeding, RealTime Fantasy Sports, September 12, 2008.

Related Web Resources

California DMV: drunk driving

California DMV: pulled over for DUI

Continue reading "Twin NFL Player DUIs: First Up, Lawyer Milloy's Driving Under the Influence Arrest" »

Hip-hop star Lil Webbie was arrested on multiple charges, including DUI after a high-speed chase with police on an interstate in Mississippi. A police officer had attempted to pull Gradney over in his 2009 Dodge Challenger for a traffic violation. According to police, Gradney ignored police lights and continued driving recklessly. After speeding along the interstate, the Dodge Challenge exited the freeway and ran into another car, but kept right on going. The Challenger was later found abandoned in a Wal-Mart parking lot. Later, police pulled over another vehicle and found Lil Webbie inside with two other occupants. After the high-speed chase, Webbie was identified as the driver of the damaged Dodge Challenger and taken to Forrest County Regional Jail where he was charged with one count of felony eluding, one misdemeanor count of possession of marijuana, and one count of driving under the influence. His vehicle was seized as evidence. In California, driving in possession of a controlled substance is against the law. Serious penalties may apply to persons apprehended on suspicion of DUI if compounded with other offenses.

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.

Rapper Webbie Arrested After Harrisburg Car Chase, WTOPNews.com, September 16, 2008.

Rapper Lil Webbie Arrested After Police Chase; Charged on DUI and Drug Possession, Memphis Rap.com, September 15, 2008.

Related Web Resources

California DMV: driving while under the influence

California DMV on what to do if you are pulled over for DUI

Continue reading "DUI For Hip Hop Artist Webbie After High-Speed Chase" »

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

Related Web Resources

California DMV driving while under the influence

California DMV: Pulled over for DUI

Continue reading "DUI for LOST Star: Dae Kim Pleads No Contest" »