San Diego DUI Lawyers Blog

Drunk Driving Checkpoint Apps, Not Illegal And Should Not Be Banned

April 4, 2011 | The Law Offices of Susan L. Hartman

google.app.jpg The Attorney General of Maryland and Delaware are asking Google and Apple to discontinue applications for their mobile phones, the Android and iPhone respectfully, that show the location of DUI checkpoints, according to wmal.com.

Blackberry pulled its drunk driving checkpoint location application, PhantomALERT; however, many apps are still available through Google and Apple for a small fee, such as Checkpointer, Buzzed, and Checkpoint Wingman, (which also offers a free version).

There is nothing illegal about publishing this information. In fact, Ingersoll v. Palmer provided the criteria for law enforcement to follow to ensure the constitutionality of a DUI checkpoint. One such requirement was advanced publicity. People v. Banks has since stated that advanced publicity is not a requirement but one factor to be considered along with the other seven criteria. Therefore, these apps can actually assist law enforcement by providing such public notice.

It should also be noted that it is not illegal to avoid a roadblock. Law enforcement cannot lawfully stop a driver for going around a checkpoint as long as the driver is not doing anything unlawful or showing obvious signs of impairment.

SD Cop Investigated Drunk Drivers Then Requested Sexual Favors, Open DUI Cases Dismissed?

March 31, 2011 | The Law Offices of Susan L. Hartman

SDPD Arevalos.jpg San Diego Police Officer, Anthony Arevalos, was arrested and charged with 10 felony counts including sexual battery by restraint, receiving a bribe, assault and battery by an officer, and false imprisonment involving three alleged victims. The investigation continues and more charges may be filed as more than nine women may have been victimized by this cop, dating back to February 2010.

It is alleged that Arevalos would initiate a DUI investigation and then ask the women what they would be willing to do in order to have the charges go away. One woman gave the officer her underwear and another was taken to a 7-Eleven restroom where she was sexually assaulted.

Arevalos has plead not guilty and is out on $200,000 bail. The San Diego Police Department placed him on an unpaid suspension pending the outcome of this criminal matter. Arevalos faces more than 11 years in prison if convicted of the crimes currently charged.

So what does this mean for all the open drunk driving cases that involve this suspected rogue officer? They should be dismissed! After all, the officer’s credibility is directly at issue. His modus operandi (or M.O.) is to sexual assault during these types of investigations, calling into question the integrity of each and every DUI investigation he has performed. But, if they are not dismissed, it will be interesting to see if the San Diego City Attorney will put this officer on the stand to testify about how he investigates drunk driving cases.

Chula Vista Police Active In Drunk Driving Arrests

March 28, 2011 | The Law Offices of Susan L. Hartman

Chula Vista Police Department has been active in searching for and arresting those suspected of driving under the influence (DUI) in the month of March.

A DUI checkpoint was conducted on March 18th on Main Street and four drivers were arrested on suspicion of drunk driving, according to 760kfmb.com.

A saturation patrol was conducted on Saturday, March 19th. In that effort, fifty vehicles were stopped, twelve were evaluated, and five drivers were arrested on suspicion of drunken driving, as reported by 10news.com.

Chula Vista Police Officer Alicia Chudy earned the “California State MADD Hero Award” by arresting 85 alleged drunk drivers in 2010. She also coordinated over 30 DUI operations, wrote and secured an anti-drunken driving grant to continue Chula Vista’s prevention operations, and she is credited with training other officers to score more DUI arrests. A total of 650 drivers suspected of drunk driving were arrested last year in Chula Vista alone.

La Jolla Accident: Marijuana DUI Blamed

March 24, 2011 | The Law Offices of Susan L. Hartman

A La Jolla Boulevard accident, that occurred in August 2010, is being blamed on marijuana intoxication, according to 10news.com. Ronald Troyer, 66, was allegedly driving under the influence of marijuana when the car he was driving jumped the curb, drove onto the sidewalk hitting three teenagers, then came to rest inside the Cass Street Cafe & Bakery, where two adults were also injured.

Troyer seemed confused at the scene and he later tested positive for THC, the active ingredient in marijuana. He was arrested for driving under the influence of drugs causing great bodily injury, among other charges. He has two prior drunk driving charges on his record from 2005, and he faces approximately 12 years in prison if convicted for this incident.

Under Vehicle Code Section 23152(a), it is unlawful for any person who is under the influence of any drug to drive a vehicle.

The California Criminal Jury Instructions (CALCRIM), lay out what the prosecutor has to prove to the jury to get a conviction under this vehicle code section. The defendant must have driven a vehicle while under the influence of a drug.

Drunk driving cases based solely on drugs, not alcohol or a combination of drugs and alcohol, are often very hard for the prosecutor to prove. In fact, one of the hardest cases to prove impairment is a straight marijuana case because it is difficult to establish a relationship between the driver’s THC blood concentration and the impaired effects.

Testing positive for THC is not enough to show impairment. It only confirms that the driver injested marijuana prior to the test. Blood concentrations will vary depending on the pattern of use and the amount injested.

San Diego Motorcyclist Hits Bicycle, Both Alleged Drunk Driving

March 21, 2011 | The Law Offices of Susan L. Hartman

biking beer.jpg Felony drunk driving charges for a motorcycle rider who allegedly crashed into a bicycle just after midnight on March 20th, according to 10news.com. The accident happened at the 2000 block of 31st Street in San Diego; however, the motorcycle driver was arrested at his home after leaving his passenger at the scene.

The bicycle rider suffered a broken pelvis and was taken to an area hospital. It is alleged that the bicyclist was also drinking prior to the accident and rode his bike into the path of the motorcycle.

In California, it is a misdemeanor to bicycle or cycle under the influence, CUI. Vehicle Code Section 21200.5 states, “It is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.”

In order for this code section to apply, the bike must be non-motorized. If it is powered by a motor it will be deemed a vehicle, and the standard DUI vehicle code sections would apply.

The .08% blood alcohol content (BAC) presumption of a standard DUI is not required with CUI. This means that someone can be charged with this offense with a minimal amount of alcohol in their system. Typically, DUI defense lawyers fight low BAC charges because the prosecutor often has a hard time proving the case, thus resulting in a dismissal.

The maximum penalty for a drunk biking charge is a $250 fine. This is much less severe than a standard DUI.

San Diego DUI Arrest Statistics For St. Patrick’s Day Weekend

March 20, 2011 | The Law Offices of Susan L. Hartman

irish handcuffs.jpg San Diego law enforcement was out looking for drunk drivers during the St. Paddy’s holiday and for all the personnel and money expended for the roadblocks, the DUI arrests were very low.

In Poway, a DUI checkpoint was set up at the 14400 block of Pomerado Road on March 18th, from 7 p.m. until 2:30 a.m. 669 drivers passed through and only 3 driving under the influence arrests were made.

Chula Vista also conducted a DUI checkpoint on the 2300 block of Main Street, from 7 p.m. until 12:30 a.m., on the same day. 1,047 vehicles passed through this one, and only 4 were arrested on suspicion of drunk driving.

San Diego, Oceanside, and San Marcos announced they would have a DUI roadblock; however, they have yet to release their statistics.

Online Sources:

DUI Checkpoints Net 7 Drunken Driving Arrests: 10news.com
News Releases: San Diego Sheriff’s Department

San Diego Police Announce DUI Checkpoints For St. Paddy’s

March 16, 2011 | The Law Offices of Susan L. Hartman

A DUI checkpoint will be conducted in San Diego at an undisclosed location within the city limits on Thursday, March 17th, between 9:00 p.m. and 3:00 a.m, according to the San Diego Police Department.

San Marcos will also conduct a drunk driving checkpoint at an undisclosed location on St. Paddy’s Day, from 7:00 p.m. until 2:00 a.m., according to the San Diego Sheriff’s Department. green beer.jpg

Poway Sheriff’s Station will setup a drunk driving checkpoint on Friday, March 18th, between 7:00 p.m. and 2:30 a.m. In addition, Oceanside police will conduct a DUI Checkpoint on that same day but from 8:00 p.m. until 3:00 a.m. The exact address of these drunk driving checkpoints has not been released.

Everyone wants to indulge in green beer or a few shots of Irish whiskey on St. Patrick’s Day. However, to avoid being arrested for driving under the influence at the end of your party, plan ahead: Designate a sober driver; use public transportation or a taxi; or plan to spend the night at the party location.

San Diego Drunk Driving Crash Results in 6 Year Prison Term

March 14, 2011 | The Law Offices of Susan L. Hartman

DUI and gross vehicular manslaughter while intoxicated convictions resulted in a six year prison sentence for San Diego resident, Anthony Guarino, on March 11th, according to cbs8.com. He was convicted of these drunk driving charges in January 2011, after his lawyers unsuccessfully argued that the accident that killed Marc Durham was actually caused by a “microsleep” episode due to his severe sleep apnea, not drunk driving.

Gross vehicular manslaughter while intoxicated is punishable by imprisonment in state prison for four, six, or ten years, under California Penal Code (PC) 191.5(a). If the defendant has a prior PC 191.5 conviction, or two or more prior DUI convictions, the sentencing range is fifteen years-to-life in prison. The sentence imposed depends on the specific facts of the case.

The maximum sentence for all the charges in this drunk driving case was 13 years in state prison. However, the judge considered the fact that Guarino had no prior criminal record, served 20 years in the Marine Corps, was a good family man, and had good standing in the community in giving the defendant the middle term of six years instead of the maximum penalty allowed under the law.

Ignition Interlock Devices Deter Repeat Drunk Driving Arrests

March 11, 2011 | The Law Offices of Susan L. Hartman

Ignition interlock devices, or IID’s, were found to prevent repeat DUI offenders, according to the Centers for Disease Control and Prevention. “Re-arrest rates for alcohol-impaired driving decreased by a median of 67 percent relative to drivers with suspended licenses.”

IID’s are devices that can be installed in vehicles to prevent someone from operating a vehicle with a blood alcohol concentration (BAC) above a specified level. The driver blows into the machine, a breath sample is taken, and if the BAC is above the stated level, the car will not operate.

Currently, California courts may require a person convicted of a first DUI to install an ignition interlock device on any vehicle the person owns or operates, pursuant to Vehicle Code Section 23575. This penalty is more likely if the driver’s blood alcohol concentration was .15 percent or higher, if the offender had two or more prior moving violations, or if a chemical test was refused.

California is also conducting a pilot program under Vehicle Code Section 23700, which became effective July 1, 2010, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare only. Upon conviction of any drunk driving offense in those counties, the offender is required by the Department of Motor Vehicles, DMV, to have a certified ignition interlock device installed.

With this recent CDC study showing the effectiveness of the IID programs, you can expect the California pilot program will be expanded in the future to all California counties with the hopes of preventing repeat DUI’s.

Online Sources:

CDC Says Ignition Interlocks Work In Reducing Drunk Driving: stlamerican.com
Ignition Interlocks Reduce Alcohol-Impaired Driving: cdc.gov

San Diego MADD Recognizes Deputy Sheriffs For DUI Arrests

March 9, 2011 | The Law Offices of Susan L. Hartman

The San Diego chapter of MADD, Mothers Against Drunk Driving, gave awards to eight San Diego Sheriff’s Deputies today for their efforts in arresting drunk drivers.

The patrol area and the deputies are as follows:

Encinitas: Deputy Brenda Weibe;
Encinitas: Deputy Dave Toner;
Imperial Beach: Deputy Rob Siegfried;
Lemon Grove: Deputy Felix Santiesteban;
Poway: Deputy Aaron Meleen;
San Marcos: Deputy Tammy Bennetts;
Santee: Deputy Laura Shands; and,
Vista: Deputy Kenneth Werner.

These officers were responsible for over 700 drunk driving arrests in 2010. Deputy Toner made 187 of those DUI arrests and he will also receive the MADD California Hero Award at another MADD event in Sacramento on March 26th.

These awards were given just two weeks after it was announced that Officer Alicia Chudy of the Chula Vista Police Department would be receiving the MADD California Hero Award for her 85 DUI arrests last year.

Online Source:
Mothers Against Drunk Driving Honors Deputies:10news.com
Chula Vista Police Officer Receives MADD Award: signonsandiego.com