Before January 1st, 2014, California law enforcement agencies were using California Vehicle Code (VC) Sections 23152(a) and (b) to prosecute cases involving alcohol, drugs, or a combination of alcohol and drugs. VC 23152(a) stated, “It is unlawful for any person who is under the influence of any alcoholic beverage or…
In San Diego County and throughout California, driving under the influence penalties are getting harsher. In most cases, alleged DUI incidents are charged with two penal code violations: Driving a vehicle while under the influence of alcohol, drugs, or a combination of both; and, Driving with a blood-alcohol content (BAC)…
In most drunk driving cases, something initially happens that draws the police officer’s attention to the car. There are rare instances when the officer does not witness driving; for instance, when the officer responds to an accident. In those cases, driving is determined by inferences, circumstantial evidence, and statements made…
An alleged driving while intoxicated accident killed six people after a “girls night out” in eastern Los Angeles County, California, on February 9th, 2014. Horrific events such as this strikes up the debate about whether owners and/or bartenders of bars and restaurants should be held liable when their patrons consume…
SD police officer, Amanda Estrada, was cited in November 2013, for operating a vehicle while intoxicated. She was driving on Rancho Bernardo Road, east of I-15, when California Highway Patrol (CHP) pulled her over on suspicion of drunk driving. She was taken to the CHP San Diego office where she…
So, here it is again…the wonderful fall and winter holiday season. For many of us, this time of the year means shopping, wrapping, gift giving, baking, traveling, and lots and lots of parties. Although festive, this time of year is also the number time for drunk driving, DUI arrests, and…
A confession to drunk driving that was posted online and subsequently went viral ended with a guilty plea and a prison sentence on October 23, 2013. Matthew Cordle, a 22-year old Ohio man, plead guilty to aggravated vehicular homicide and drunken driving after driving the wrong way on a highway…
The arraignment is often the first court hearing in any criminal case, including drunk driving cases in San Diego. During the arraignment, the court advises you of your constitutional rights. They include the right to have an attorney represent you, the right against self-incrimination, the right to a jury trial,…
Recently, a young San Diego man was arrested after an intoxicated pedestrian stepped into oncoming traffic and was struck by his car, according to 10news.com. The pedestrian suffered a broken leg and arm and the driver was later arrested for felony hit and run because he left the scene. What…
The walk-and-turn test (WAT) is one of the three tests in the battery of field sobriety tests (FST’s) that the National Highway Transportation Safety Administration (NHTSA) recommends law enforcement use to evaluate a suspect to determine if they are under the influence, thus establishing probable cause to arrest for drunk…