The California Department of Motor Vehicles (DMV) suspended Derek Brenner’s license after he gave a breath sample that read .08 percent blood alcohol concentration (BAC). However, Mr. Brenner challenged this ruling and won, according to the San Francisco Chronicle. During the DMV Hearing, he presented a forensic toxicologist’s report that…
Lakeside resident, Kathleen Lucinda Sloan, 20, had a preliminary hearing in El Cajon Court on February 9th, according to 10news.com. She is accused of being under the influence of an over-the-counter medication, driving, and then crashing head-on into another motorist in Alpine on November 1st, 2010. Sergio Chan Mora, 54,…
You are legally on a prescription or even an over-the-counter medication. You are driving your vehicle. Can you be pulled over, cited, and convicted of a driving under the influence (DUI) charge? The answer is yes, if you are in fact under the influence and driving! Driving under the influence,…
The Carmel Mountain Ranch driving under the influence (DUI) accident that resulted in the death of Marc Durham, 65, concluded with a guilty verdict for Anthony Guarino, 57, on Thursday. Guarino was convicted of gross vehicular manslaughter while intoxicated and two DUI charges, according to 10news.com. The defense conceded the…
The San Diego Sheriff’s Department announced a pedestrian was killed in a suspected DUI crash just after 1:00am on New Year’s. This is San Diego County’s second fatal DUI collision this holiday season. The first occurred on December 18th, 2010, in El Cajon. The DUI incident happened on Murray Drive…
The Poway Station of the San Diego Sheriff’s Department announced in a press release that it conducted a DUI checkpoint on Friday, December 3rd, 2010, from 7 p.m. until 3 a.m., near the 11700 block of Poway Road. 1,328 vehicles passed through; however, no DUI arrests were made. During that…
The California Court of Appeal ruled in People v. Jackson that the trial court incorrectly allowed evidence in at trial that the defendant refused to take a preliminary alcohol screening test (PAS). Defendant was arrested and was subsequently on trial for driving under the influence, DUI, in violation of Vehicle…
The California Supreme Court set forth criteria for DUI checkpoints to ensure they are in compliance with the Federal and California’s State Constitution and to minimalize the intrusiveness of the stop in Ingersoll v. Palmer. The following is the last four of the ambiguous guidelines. 5. Time and duration. The…
Sobriety checkpoints or roadblocks were found to not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures in Michigan Department of State Police v. Sitz (1990). The California Supreme Court set forth criteria for checkpoints to ensure they are in compliance with the Federal and California’s State Constitution in…