San Diego DUI Lawyers Blog

San Diego Sheriff’s Announced The Following DUI Checkpoints

December 7, 2012 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s website, (see press release dated December 5th), announced the following drunk driving roadblocks and saturation patrols during this holiday season:

December 14- Sobriety Checkpoint in Vista and Santee, 8:00 p.m. to 3:00 a.m.
December 15 – Warrant Sweep, South Bay
December 15- Sobriety Checkpoint in Lemon Grove and Encinitas, 8:00 p.m. to 3:00 a.m.
December 20 – DUI Saturation Patrol for the Poinsettia Bowl, 5:00 p.m. to midnight
December 21 – Sobriety Checkpoint in San Marcos, 8:00 p.m. to 3:00 a.m.
December 22 – Sobriety Checkpoint in Rancho San Diego (AVOID), 8:00 p.m. to 3:00 a.m.
December 28 – Sobriety Checkpoint in Poway and Imperial Beach, 8:00 p.m. to 3:00 a.m.
December 29 – Sobriety Checkpoint in Chula Vista, 8:00 p.m. to 3:00 a.m.
December 30 – DUI Saturation Patrol for Chargers/Raiders game, 5:00 p.m. to midnight
December 31 – DUI Saturation Patrol, Sheriff’s Department contract cities: San Marcos, Vista, Poway, Encinitas, Lemon Grove, Imperial Beach, and Santee.

Keep in mind, this is not an exhaustive list. Other local law enforcement, including the California Highway Patrol (CHP), San Diego Police, and others, may conduct their own driving under the influence patrols over the coming weeks.

“Like” The Law Offices of Susan L. Hartman on Facebook for more drunk driving information and notifications of other DUI patrols by law enforcement in San Diego County. And, get real time DUI checkpoint alerts text to your cell phone through Mr. Checkpoint.

These tools are not meant to help you drink and drive. Use them for informational purposes only. The best holidays start with safe, undistracted driving. If you think you will be drinking, plan ahead to avoid being a DUI statistic.

SD County Drunk Driving News

December 4, 2012 | The Law Offices of Susan L. Hartman

San Diego County Division of the California Highway Patrol (CHP) reported driving under the influence arrests were down from 33 to 23 during the Thanksgiving holiday, according to swrnn.com. The reporting period was from the evening of Wednesday, November 21st, through 6:00 a.m. on Friday, November 23rd. In addition, one person was killed during this period, as opposed to zero in 2011.

Another drunk driving roadblock was held in downtown San Diego on November 24th, in the 1500 block of First Avenue from approximately 11:00 p.m. until 3:00 a.m. As reported by scoopsandiego.com, 1397 cars passed through the checkpoint, 836 drivers were contacted by law enforcement, and 28 drivers were evaluated in the secondary area. 19 arrests were made on suspicion of driving under the influence.

San Diego County Sheriff’s Department was awarded another grant to continue its DUI enforcement efforts in 2013 through Avoid the 15 DUI Task Force. Thecoastnews.com reported the California Office of Traffic Safety (OTS) gave $300,000 to the sheriffs to conduct more DUI and license suspension checkpoints, drunk driving saturation patrols, warrant sweeps, and court sting operations that specifically target drunk driving and DUI probation violations.

San Diego Probation Department was given a $500,000 grant by the National Highway Traffic Safety Administration (NHTSA) to help in its supervision of high risk DUI offenders through its DUI Enforcement Team, according to utsandiego.com. High risk offenders include those convicted of multiple drunk driving cases or felony DUI’s where someone was severely injured.

SD Probation reported 124 arrests in 2012, including those who failed to stop drinking alcohol or continued to drive without a valid license.

Chula Vista resident, Arlene Hernandez, 22, was ordered to stand trial after a preliminary hearing on November 27th. Cbs8.com reported that Hernandez was charged with manslaughter, DUI causing injury, and felony child abuse stemming from an accident where her car ended up in the Otay Reservoir on August 5th. Both Hernandez’s 5 year old daughter and her friend were killed in the accident.

A Point Loma accident involving a San Diego Police car ended with a short chase and the eventual arrest of Kaveri Fields, 24, on suspicion of drunk driving and hit-and-run on November 30th, according to nctimes.com. No further details were available.

Drivers should heed the warning….law enforcement is out in full force over the holiday season looking for drunk drivers. Don’t end your holiday celebrations in tragedy. Make sure you have a plan before heading out to your holiday party. Plan to stay at the host’s home, use public transportation or a cab, call a sober friend, designate a person in your group to abstain from drinking, or simply enjoy the party without consuming alcohol.

But, if you should find yourself in the driver’s seat with blue lights flashing behind you, keep these tips in mind:

You do not have to say anything to the officer. Keep in mind, the officer is looking to build a drunk driving case against you. What you say will end up in the police report and it will be used against you.
You can refuse to do the field sobriety tests, (i.e. the walk and turn, counting, alphabet, etc.).
You do not have to breathe into the PAS (preliminary alcohol screening) test UNLESS you are on DUI probation or under 21 years old. However, if arrested, you must submit to a breath or blood test.

If you are cited for driving under the influence, you owe it to yourself to hire an exclusively DUI defense firm.

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

San Diego To Pay Victims Of DUI Investigation Scam After Cop Found Guilty

November 20, 2012 | The Law Offices of Susan L. Hartman

San Diego Police officer, Anthony Arevalos, was arrested in March 2011, and eventually charged with 18 felony counts including sexual battery by restraint, receiving a bribe, assault and battery by an officer, and false imprisonment, after citizens reported they were driving in the Gaslamp and were pulled over by this San Diego Police officer. According to the victims, he initiated a drunk driving investigation and then asked the women what they would be willing to do in order to have the charges go away. One woman reported she gave Arevalos her underwear and another was taken to a 7-Eleven restroom where she was sexually assaulted.

In light of these allegations, the San Diego City Attorney dismissed 15 driving under the influence cases that were investigated by Arevalos.

After a jury trial, Arevalos was found guilty of 8 felonies and 4 misdemeanors. He was taken into custody and sentenced in February 2012. He faced nine years and eight months in prison, and the judge sentenced him to eight years and eight months. In addition, he has to register as a sex offender for the rest of his life.

Just last week, the City of San Diego approved a $1.2 million settlement with some of Arevalos’ victims, according to fox5sandiego.com. Of that settlement, $675,00 will be paid to victim Melisa W, (full name withheld because she is a victim of a sex crime), as her case was the most severe.

If you witness or a victim of police misconduct involving a San Diego officer, report the officer to the Citizens’ Review Board on Police Practices. The complaint will be reviewed and forwarded onto the Commanding Officer and the Department of Internal Affairs and an investigation is conducted.

Do not let rogue cops who misuse their power, like Arevalos, patrol our San Diego streets. Our community needs to ensure if an officer is not professionally performing his or her duties they are reported, investigated, reprimanded, and if needed, terminated. Even if you think your complaint is minimal or not a big deal, it may be important to another citizen. When charges are pending against a defendant, other citizens’ complaints involving that same officer may be discoverable, thereby helping another person defend their case.

San Diego Election Results On The Criminal Law Propositions

November 13, 2012 | The Law Offices of Susan L. Hartman

There were three propositions on the ballot this past election day that involved criminal matters:

Proposition 34: The death penalty;
Proposition 35: Human trafficking; and,

Californians To Vote On The Death Penalty Initiative: Get Out And Vote!

November 2, 2012 | The Law Offices of Susan L. Hartman

San Diego, California, it’s almost that time of year…to end all the political advertisements on the television and radio, in the newspapers and magazines, and, of course, in all those mailings. Yes, on Tuesday, November 6th, it will be your time to vote!

Although I usually don’t use this blog to talk about politics, and your personal politics are not an issue for this posting, I do want to take a few minutes to discuss a ballot measure that I think is very important to us as citizens and for myself as a criminal defense attorney. If you don’t think voting for our President of the United States or the Mayor of San Diego is enough reason to get to the polls next week, consider the implications of Proposition 34, the death penalty initiative.

California has had the death penalty reinstated on the books since 1978. There hasn’t been an execution in California in over six years; however, we continue to house more than 700 people on death row as they wait for their supposed execution by the California Department of Corrections. The reality is the day will never come, or if it does, it will take 20-25 years and lots of money to get there. The reason for this is the many legal processes that are in place in an attempt to ensure that the convicted are afforded all protections so as to not execute an innocent person because there is no turning back once that switch is flipped.

In San Diego It’s NOT Illegal To Drink Alcohol And Drive A Vehicle!!

October 31, 2012 | The Law Offices of Susan L. Hartman

A DUI lawyer in Texas decided to advertise his drunk driving defense firm by putting a message on wristbands that were given out to bar patrons. The message read, “Drinking tonight? Know your rights.” This was followed by the DUI attorney’s telephone number. martini and keys.jpg

Although this upset Mothers Against Drunk Driving, (MADD), the Texas lawyer was correct when he said, “If you are over the age of 21 you can consume alcohol and operate a motor vehicle. You can drive as long as you are not intoxicated.”

This is also the law in California. According to California Vehicle Code Section 23152(a), “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

According to the California Jury Instructions, (CALCRIM), 2110, “A person is under the influence if, as a result of drinking or consuming an alcoholic beverage and or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

In addition, “The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.”

In San Diego and across California, it is not a crime to consume an alcoholic beverage and then drive a car as long as you are not under the influence at the time that you are driving!!

If you are pulled over by law enforcement and then charged with drunk driving, you owe it to yourself to hire an exclusively DUI defense firm to represent your interests with both the Department of Motor Vehicles (DMV) and the court system. Do not delay. You only have ten days from the date of arrest to contact the DMV to request a hearing to challenge the suspension of your driving privileges.

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

San Diego Cops To Run DUI Task Force This Weekend

October 26, 2012 | The Law Offices of Susan L. Hartman

San Diego Sheriff’s Department announced today 15 law enforcement agencies throughout the County of San Diego will conduct a drunk driving crackdown involving saturation patrols, (increased law enforcement specifically looking for impaired drivers), during Halloween week. They started yesterday and will continue through November 4th.

San Diego State University’s (SDSU) surrounding area will be targeted for DUI patrols on Saturday night.

The Sheriff’s recommend you plan ahead to avoid ending your party with a drunk driving charge. They encourage all partiers to designate a sober driver, call a taxi or a friend or family member, or use San Diego’s public transportation. You can also plan to spend the night at the house where the party is taking place.

If you happen to be pulled over by law enforcement, you do not want to help them build a case against you. Unless you are DUI probation, you are not required to do the field sobriety tests (FST’s) and you do not have to blow into the portable alcohol screening (PAS) test at the scene. You also should not answer the officer’s questions including what you had to drink, when did you last drink, etc. Everything you say to the officer is often included in the police report and used against you later in court.

You should understand law enforcement does not like it when a person does not cooperate with their investigation. So, you may end up being arrested and spending the night in jail if you do not comply with their requests.

If the officer has probable cause to arrest you for driving under the influence, you are required to take either a blood or breath test. If you refuse to take the test, additional penalties are added.

If you get arrested and you are charged with drunk driving, you owe it to yourself to hire a accessible, aggressive, DUI defense attorney. Many criminal defense attorneys and even civil attorneys will often take drunk driving cases. These matters can be quite complex and it is best to hire someone who only deals with these type of matters to get the best results.

Do not just plead guilty, even if your blood alcohol content (BAC) was over a .08. There may still be defenses in your case that can lead to reduced charges or even a dismissal!

The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.

San Marcos Woman Found Guilty In Drunk Driving Trial

October 23, 2012 | The Law Offices of Susan L. Hartman

A Vista driving under the influence trial concluded with a finding for guilt on three counts of gross vehicle manslaughter this week, according to 10news.com.

San Marcos resident, Debbie Sumi, 36, was in a vehicle that crashed into the back of another car that was parked on the shoulder on westbound 78 near Sycamore Avenue in August 2010. Her blood alcohol concentration, or BAC, was reported as .27 and .28 and she was ejected from the car.

Escondido resident, Susana Orozco, 23, and Erica Oliva, 23, of Fallbrook, were standing on the side of the road by the parked car and were killed. The defendant’s fiancé, Larry Alvarez, 34, was partially ejected and also died at the scene.

Gross vehicular manslaughter while intoxicated is a felony. According to the California Criminal Jury Instructions, CALCRIM 590, in order for the jury to find a defendant guilty of this charge, the prosecutor must proof beyond a reasonable doubt:

The defendant drove while under the influence of an alcoholic beverage and/or drug;
While driving that vehicle while under the influence, the defendant also committed a misdemeanor, infraction, or an otherwise lawful act that might cause death;
The defendant committed that misdemeanor, infraction, or otherwise lawful act with gross negligence; and,
The defendant’s grossly negligent conduct caused the death of another person.

The defense argued that Alvarez was the driver of the vehicle, not Sumi. The jury did not accept this argument and they convicted her on the three counts of gross vehicular manslaughter. She is facing up to 14 years in prison when she is sentenced on January 8th.

Under-Age Drinking And Driving Rates Fall

October 8, 2012 | The Law Offices of Susan L. Hartman

spilled beer.jpg Drunk driving rates of U.S. high school students have drastically fallen over the past 20 years, according to the Centers for Disease Control and Prevention, (CDC). In a report that was released this week, the CDC claimed it analyzed data from 1991-2011. The data was collected from self-reporting, voluntary, and anonymous surveys in 41 states. The teens were asked in a questionnaire if they drove a motor vehicle one or more times after consuming an alcoholic beverage within 30 days before taking the survey.

The survey found that in 1991, 22.3% of teens aged 16 years or older admitted to driving after drinking alcohol, while only 10.3% admitted to this behavior in 2011. The results in the reporting states varied. There was a higher rate in the Gulf Coast region but some states such as Utah were much lower (4.6%). No data was available for California.

The study did not report how many students were driving in 1991 versus 2011. With the fall in the economy, higher gas prices, and higher unemployment rates among teens, it can be assumed that the amount of teenage high school students that are driving at all is less than in 1991. In addition, the survey only asked students if they had been drinking and driving within the month prior to taking the survey. Considering these shortfalls, the reported drinking and driving rates may be very low.

Over the years, Mothers Against Drunk Driving (MADD) have been lobbying states for zero-tolerance laws. California has complied. This means if you are under the age of 21, it is unlawful to drive a motor vehicle in California with a measurable amount of alcohol in your blood. In addition, you must submit to a preliminary alcohol screening (PAS) test. The DMV will suspend your driver’s license for one year for the first offense of driving with a blood alcohol content (BAC) at or above a .01%.

The above blog article is by no means all-inclusive and is not legal advice. For information about a specific case, speak to a drunk driving attorney in your area.

Should I Hire A San Diego Drunk Driving Attorney To Handle My DUI?

September 28, 2012 | The Law Offices of Susan L. Hartman

When you are arrested for driving under the influence, there are three options on how you can handle the case and be represented. First, you may choose to represent yourself in court. Second, if you meet the financial qualifications, you may have a public defender appointed to represent you. And third, you may hire a private attorney to handle your DUI case.

Although a defendant has a right to represent himself or herself, it is not advisable to do so. The prosecutor and the judge will not help you through the process and they will not give you legal advice. They are interested in getting people into court to plead guilty, and to get the greatest penalty allowed under the law for the crime they believe was committed. Their caseload is full every day and they work to push the cases through the system as quickly and efficiently as possible. Meaning, they want you to plead guilty at your first appearance in court.

When you plead guilty to a DUI charge this early in the process, the prosecutor often does not turn over all the discovery to you. So, you do not know if the government can even prove their case against you.

No one should represent themselves in court!! You want a defense attorney who looks out for your interests. Someone who makes sure you are pleading guilty when and if the prosecutor’s case is strong, the offer is fair, and there are no defenses in your case that can lead to reduced charges or even a dismissal. A criminal defense lawyer that will file motions, argue on your behalf, negotiate for the best deal, and stand ready to take your drunk driving case to trial if needed.

So if you financially qualify for a lawyer who works for the San Diego Public Defender’s Office, should you still hire your own private lawyer? First off, you have to decide if you have the means to pay for legal counsel. If you do not, the Public Defender is a great option for you. They take on all criminal cases, including drunken driving cases, and it will cost you very little, if anything, for their help.

Because these criminal defense attorneys take every case the court appoints to them, they are extremely busy. They also have incentive to push the calendar and settle cases as quickly and as early as possible. In addition, they usually have little time to focus on any one case and their day is filled with several clients needing several matters handled, leaving little time to fully discuss your case and explain the court process to you, request and review all discovery, and fully assess the case.

By hiring The Law Offices of Susan L. Hartman, an accessible, aggressive, exclusively DUI defense firm, you get an experienced drunk driving lawyer. Driving under the influence cases are fact specific and each one is complex and different. This firm limits the amount of cases it takes on so that every client’s case is handled with the time and attention it needs and you deserve.

The above blog article is by no means all-inclusive and is not legal advice. For information about a specific case, speak to a drunk driving attorney in your area.