San Diego DUI Lawyer Blog

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

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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

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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

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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

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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.

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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.

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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

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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" »

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

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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

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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

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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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.

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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

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California DMV: Pulled over for DUI

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