San Diego DUI Lawyers Blog

Probation Violation: Misdemeanor Driving Under The Influence Matter

January 14, 2012 | The Law Offices of Susan L. Hartman

When a DUI defendant pleads guilty or is found guilty after a trial, the judge may put the defendant on probation as part of the sentence. Probation is “the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer,” per California Penal Code Section 1203(a). In other words, the defendant is released into the community with certain terms or conditions that must be fulfilled.

In misdemeanor drunk driving cases, the judge has the authority to grant probation without referring the defendant to a probation officer. This means the probationer reports directly to the court, not to a probation officer. This is often called court probation, summary probation, or informal probation.

A judge has discretion to impose any reasonable terms of probation that are reasonably related to the underlying offense. However, the standard terms and conditions on a first time, misdemeanor drunk driving conviction in San Diego County include, but are not limited to: 1.) Paying the fines and fees to the court; 2.) Enrolling and completing an alcohol program per the recommendation of the SAAU Unit; 3.) Not driving with a measureable amount of alcohol or drugs in the system; 4.) Submitting to a drug or alcohol test at the request of law enforcement; 5.) Not violating the law; 6.) Public work service; and, 7.) Attending a MADD panel class.

In many misdemeanor matters, probation is a three year term. San Diego Courts commonly order five years of probation on drunk driving cases. Within that period of time, if a probationer fails to comply with any of the specific terms of his or her probation, the judge will revoke the probation and the clock will stop running on the probation. The probationer will be notified either by a letter or a warrant may be issued, ordering the probationer to come before the judge.

On the day of court, the probationer may admit the violation or request a hearing contesting the violation. If there is an admission or if the probationer is found in violation of the terms of probation after a hearing, the judge has authority to punish the probationer. The punishment may include modifying the terms of probation by adding additional requirements or ordering him or her to serve time in jail for a period not to exceed the maximum possible jail sentence under the charges plead to or found guilty of.

If you are probation for driving under the influence and you have received notice of a probation violation or warrant is out for your arrest, do not handle this matter on your own. Consult an exclusively, DUI defense firm to properly advise you on your rights, negotiate on your behalf with the judge, and represent your interests in court.

San Diego’s Drunk Driving Arrest Numbers For Holiday Announced

January 5, 2012 | The Law Offices of Susan L. Hartman

San Diego Sheriff’s Department announced their final driving under the influence numbers for the 2011 holiday season. Fourteen San Diego County law enforcement agencies and the California Highway Patrol, CHP, arrested 770 people on suspicion of drunk driving from 12:01 a.m., Friday, December 16th, 2011, through 12:00 a.m., Sunday, January 1st, 2012. Five deaths in San Diego have been blamed on drunk driving. This is up from 715 DUI arrests in 2010 for the same time period, according to californiaavoid.org.

The Sheriff’s have announced that they will be increasing their saturation patrols and drunk driving checkpoints around San Diego County during the Super Bowl weekend of February 5th, and again around the St. Patrick’s Day events in March.

As always, we recommend you plan ahead before heading out to celebrate to avoid the possibility of being arrested for drunk driving. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

But, if you are arrested for drunk driving, hiring a skilled DUI defense attorney can help you evaluate your case, negotiate with the prosecuting authority, file motions when appropriate, mitigate your consequences, and possibly get your case reduced or dismissed!

Once arrested for drunk driving, there are two legal processes that occur: One is the California Department of Motor Vehicles’ administrative process and the other is the court process. Be advised that you only have ten days from the date of the arrest to contact the DMV to request an administrative hearing challenging the suspension of your license. If you fail to schedule the hearing within those ten (10) days, your license will automatically be suspended thirty (30) days after the arrest.

Besides the administrative process that occurs, there is also a court action. If you are arrested for drunk driving, do not just plead guilty even if your blood alcohol content, or BAC, was a .08% or more. There may be defenses in your case that can lead to reduced charges with less punishment or even a dismissal! Those defenses are usually not apparent until a DUI defense attorney can review all the evidence against you. That information is usually not known until after the arraignment and the discovery process begins.

San Marcos, Santee, Vista, and Lemon Grove Conduct DUI Checkpoints, More Scheduled Around San Diego County

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

San Diego Sheriff’s Department held drunk driving checkpoints in many areas in San Diego County this past weekend as part of their efforts to keep drunk drivers off the road this holiday season.

The San Marcos DUI checkpoint was held at 125 South Rancho Santa Fe Road on December 17th, at 7:00 p.m. until December 18th, at 2:00 a.m. The sheriff’s office reported that 2,271 vehicles passed through the checkpoint and 582 drivers were contacted. Five drivers were suspected of driving under the influence and they did the field sobriety tests. Four of those drivers were arrested for DUI. Two others were also arrested for driving while their license was suspended due to a prior DUI.

The Santee driving under the influence roadblock was held on December 17th. However, the exact location was not provided in the San Diego Sheriff’s Department press release. In that checkpoint, 525 drivers were contacted, 28 drivers were sent to secondary, 13 were given field sobriety tests because they were suspected of being under the influence, and 4 were arrested for drunk driving.

Vista’s drunk driving roadblock was held at 1450 East Vista Way on December 16th, from 7:30 p.m. until December 17th, at 2:00 a.m. The sheriff reported that 1,128 vehicles passed through the checkpoint and 677 drivers were contacted. Field sobriety tests were given to 7 suspected of being under the influence, resulting in 4 arrests.

Lemon Grove conducted a DUI checkpoint at the 7900 block of Broadway on December 16th, from 8:00 p.m. until 1:30 a.m. During this operation, 646 drivers were contacted, 43 were sent to secondary, and 2 drivers were arrested for allegedly driving under the influence.

Throughout San Diego County, 212 people have been arrested for DUI from 12:01 a.m. Friday, December 16th, through 11:59 p.m. Sunday, December 18th. This is up from 196 in 2010 during the same time period.

The San Diego Sheriff’s also just announced more saturation patrols and DUI checkpoints through New Year’s. They specifically stated they will be out in force around Qualcomm Stadium on December 21st during the Poinsettia Bowl football game. A checkpoint will be conducted in Poway and Oceanside on December 23rd, (exact location not provided). Further saturation patrols will be ongoing throughout San Diego County from December 23rd through the 24th.

You can expect that San Diego law enforcement will continue to conduct saturation patrols and drunk driving checkpoints throughout San Diego during the New Year’s weekend also. Make sure you are not a statistic! Plan ahead and either plan to stay the night or have alternative transportation lined up before you head out to indulge in holiday cheer.

SD County To Begin DUI Crackdown For Holidays

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

San Diego law enforcement will begin its drunk driving crackdown today. The increased patrols and checkpoints will continue through January 2, 2012. Local police departments have received grants from the Office of Traffic Safety, (OTS), through the National Highway Traffic Safety Administration, (NHTSA), to conduct the “Drive Sober or Get Pulled Over” campaign through the holiday season.

Before you go out to celebrate this holiday season, make sure you have a plan in case you over indulge in holiday cheer. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride. Do not be a statistic!

NHTSA announced this week drunk driving deaths were down in 2010. In fact, the 791 deaths due to an alcohol-related accident was the lowest number ever. In 2009, there were 950 deaths that were contributed to a DUI accident. OTS believes this decrease is due to their drunk driving checkpoint efforts, citing a cost savings of $6 for every $1 spent.

Millions of dollars have been spent on drunk driving enforcement. In 2009, $11.7 million was budgeted for 1,740 sobriety checkpoints statewide. Last year, that amount rose to $16.8 million dollars for 2,553 roadblocks.

DUI checkpoints are the most documented and cost the most money. Often DUI roadblocks result in only a couple of arrests for the massive amount of money and resources spent on setting up and manning these sites. Other studies show that saturation patrols cost less money, uses less resources, and result in more drunk driving arrests.

Many law enforcement departments are doing more saturation patrols. Costa Mesa Police Chief, Tom Gazsi, showed the council members that checkpoints are more of an educational service while saturation patrols take more drunk drivers off the street, according to latimes.com. Further, these patrols require half the staff which means a lot less overtime to be paid. In a time when city and county budgets are an issue, more and more agencies may move towards these campaigns over the roadblocks.

San Diego County Checkpoints & Patrols Still Don’t Deter Some From Drunk Driving

December 12, 2011 | The Law Offices of Susan L. Hartman

xmas drinks.jpg Pacific Beach, Chula Vista, Imperial Beach, and Encinitas had DUI checkpoints set up over the weekend. Fourteen drivers were arrested for driving under the influence, according to 10news.com.

A Pacific Beach DUI checkpoint was conducted by San Diego Police in the 1600 block of Garnet Avenue on Friday night from 10:15pm until approximately 2:00am. Ten people were cited for alleged drunken driving.

Chula Vista’s sobriety checkpoint was held on North Fourth Street from 7pm until midnight on Friday. One person was arrested on suspected drunk driving charges.

The Imperial Beach drunk driving roadblock resulted in one DUI arrest by the San Diego Sheriff’s Department. The IB checkpoint was conducted in the 1000 block of Palm Avenue on Friday night from 8:00pm until 2:30am.

Encinitas also had a DUI roadblock that was conducted by the San Diego Sheriff’s on Saturday night through early Sunday morning. Six hundred cars went through the checkpoint in the 1700 block of South El Camino Real, and only two were arrested for allegedly driving under the influence.

Even with all DUI checkpoints and saturation patrols that law enforcement conducts during the holiday weeks, some people continue to drink and drive throughout San Diego County. Drunk driving is suspected in an incident that occurred in Lemon Grove on Friday at 5:45pm, where two people were killed in a fiery crash on southbound 125 just south of I-8.

Lemon Grove resident, Justin Foulds, 39, was heading home from a work Christmas party driving his Chevrolet Silverado. He side swiped a car and then struck a Nissan Pathfinder from behind which immediately caused a fire and possible explosion. The Pathfinder was being driven by Celia Torres, 73. She was in the vehicle with her grandson, David Gonzalez, 16, on their way to a dentist appointment in Tijuana. Both died at the scene.

DUI and gross vehicular manslaughter are some of the charges that Foulds could face after being arrested by the California Highway Patrol. His bail is currently set at $500,000.

Before heading out to celebrate for the holidays, have a plan on how you will stay safe, avoid the possibility of being arrested for drunk driving, and keep San Diego citizens safe. Pack a bag and plan on staying at the home of the party host. Designate a driver to remain sober and be responsible to drive you home. Save a San Diego taxi company’s telephone number in your phone and use it. Use public transportation or call a sober friend or family member for a ride.

CA Survey: Driving While Intoxicated Not Feared As Much As Phone Use

December 2, 2011 | The Law Offices of Susan L. Hartman

Californians now believe that drivers who text or talk on their cell phone, with or without a hands free headset, are a bigger hazard on the road than drunk driving, speeding, and aggressive driving. This is according to a traffic safety survey completed by the California Office of Traffic Safety, which polled 1,801 drivers over the age of 18 in 15 counties in California.

The percentage of drivers who are worried about others using cell phones while driving rose from 18.3 percent in 2010 to 38.8 in 2011. Second on the list this year was driving while impaired with 12.6 percent of the vote. This was up from 10.1 percent in 2010. Last year, drivers were most concerned about speeding/aggressive driving and bad roads.

When asked about the biggest distraction for drivers, the percentage of those polled who believe cell phone talking and texting is considered the most distracting is up to 83.6 percent. This is up from 75 percent last year.

The OTS also stated in April 2011, that a driver’s reaction is delayed as much when using a cell phone as when their blood alcohol concentration (BAC) is at the legal limit of .08.

Many auto accidents involve a driver that is either texting or talking on the phone but the data linking accidents and cell phone use is inconclusive. Police officers often see a car that is driving on the shoulder, weaving, or driving well below the posted speed limit. The officer pulls the car over thinking they need to conduct a DUI investigation. However, once contact is made with the driver, the officer realizes that the driver is not drunk, they were talking on their phone, writing a text, or reading something online.

California Highway Patrol Officer D.J. Sarabia agreed with the survey, saying that the number one distraction for drivers is cell phone use, according to mercurynews.com.

California has had a hands-free law, (Vehicle Code Section 23123), since 2008. Since that time, CHP has issued about 475,000 tickets for violating the statute. It is estimated that local law enforcement agencies have issued about the same number of citations.

Car accidents kill and injure many people every year. Help make our roadways safer. Use your phone before or after you drive.

San Diego County Law Enforcement Looking For Drunk Drivers This Holiday Season

November 23, 2011 | The Law Offices of Susan L. Hartman

San Diego County law enforcement, including the San Diego Sheriff’s Department and the California Highway Patrol, have announced drunk driving saturation patrols and sobriety checkpoints throughout the Thanksgiving holiday weekend.

The following are specific law enforcement public announcements regarding their efforts to keep drunk drivers off the road:

San Diego Sheriff’s Department: Saturation patrols throughout San Diego on Wednesday, November 23rd, and continuing throughout the holiday weekend.
San Diego Sheriff’s Department, Encinitas Station: Saturation patrols in Encinitas, Solana Beach, and Del Mar on Thursday, November 24th.
San Diego Sheriff’s, Court Services Division: Vista warrant sweep at the Walmart shopping center at the 1800 block of University on Friday, November 25th.
California Highway Patrol (CHP): Announced they received funding for their IDEA, Impaired Driving Enforcement and Apprehension, Program. They will implement their Thanksgiving Maximum Enforcement Period (MEP), specifically looking for drunk drivers and those not wearing their seatbelt, from 6:01 p.m. on Wednesday, November 23rd, through 11:59 p.m. on Sunday, November 27th.

According to CHP’s statistics, they arrested 1,546 drunk drivers during the Thanksgiving weekend in 2010, a 6% increase over the 2009 DUI arrests.

Funding for all these state and local checkpoints and saturation patrols comes from a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Statistics on DUI arrests can be found on CaliforniaAvoid.com, as the website is updated throughout the holiday season.

To avoid the possibility of a DUI arrest, holiday partiers should plan a safe way home before the festivities begin. Designate a sober driver, have a taxi company’s number stored in your phone and use it, call a sober friend or family member for a ride, or use public transportation.

Note: The above list of drunk driving roadblocks and saturation patrols is not an all-inclusive list. Many law enforcement agencies in San Diego do not post their DUI enforcement details online. However, we will continue to search for any that are published and we will update this blog accordingly throughout this holiday season.

Update: (November 27th, 2011) The San Diego Sheriff’s Department, Court Services Division, held a warrant sweep in Vista at the Walmart shopping center at the 1800 block of University on Friday, November 25th. 17 people were arrested, including some for DUI.

Update: (November 28th, 2011) 60 driving under the influence arrests were made in San Diego County by CHP between 6:01 p.m. Wednesday and 6:00 a.m. Saturday, according to cbs8.com. Last year’s total DUI arrests for the same period of time was 59. The decrease trend continued in all of California, as the CHP arrested 903 suspected drunk drivers during this year’s Thanksgiving holiday weekend throughout the state, as opposed to 975 last year.

San Diego Police and the San Diego Sheriff’s Department have not released their drunk driving statistics as of the time of this posting’s update.

San Diego Cop Found Guilty Of Soliciting Sexual Favors In Exchange For Letting Suspected DUI Drivers Go

November 17, 2011 | The Law Offices of Susan L. Hartman

Ex-San Diego Police Officer, Anthony Arevalos, was arrested and charged, back in March 2011, 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 continued and more charges were filed.

It was alleged that Arevalos initiated driving under the influence investigations and then asked women suspects what they would be willing to do in order to have the DUI 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 plead not guilty and was out on $200,000 bail. The San Diego Police Department placed him on an unpaid suspension at first, but in April he was fired after 18 years with the department.

The trial lasted three weeks, according to signonsandiego.com. Seven women testified that they were in the Gaslamp when they were pulled over by Arevalos on suspicion of drunk driving. Deliberations lasted 3 1/2 days and the jury came back with a guilty verdict on 12 counts, including 4 misdemeanors, on November 17th, 2011. He was acquitted of many felony counts and lesser charges.After the verdict was read, he was immediately handcuffed and taken into custody. His sentencing is scheduled for December 19th. Arevalos will be held without bail until that date. The maximum he could serve is 10 years and 4 months.

Chief Lansdowne commented after the verdict that other San Diego Police officers had suspicions about this convict’s behaviors; however, the officers allegedly never reported this to the administration of the San Diego Police Department. Due to this failure, the public was put at risk as Arevalos was allowed to continue working on the streets with full arrest powers, carrying a badge of authority and a weapon that kills.

Seems like after all the problems that the San Diego Police Department has had this year with its officers, there is a desperate need to retrain the remaining officers on public safety, their duty to protect and serve, and their duty to report any suspicious or criminal activities of any officer to their supervisors. Failure of an officer to take their job and these duties seriously should result in the immediate loss of their job. No cop should be allowed to work San Diego’s streets unless they have respect for the people they serve.

This blog entry is a follow-up to the following stories previously posted on this site:

San Diego City Attorney Dismisses 15 Driving Under The Influence Charges, previously posted on June 13, 2011.

SD Cop Investigated Drunk Drivers Then Requested Sexual Favors, Open DUI Cases Dismissed?, previously posted on March 31, 2011.

Dry Reckless & Wet Reckless: What Is The Difference?

November 3, 2011 | The Law Offices of Susan L. Hartman

A dry reckless is defined under California Vehicle Code Section 23103. It states, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

The penalty for a guilty plea or a conviction under this statute is “imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.”

Most often in San Diego County, the prosecutor offers three years of informal probation and a fine of approximately $855 on a dry reckless case. In addition, this is a non-alcohol, non-drug, and a non-injury charge; therefore, it is not a priorable offense. This means that if you are charged with drunk driving in the future, this conviction cannot be used to enhance the punishment of that case.

A wet reckless is a reduced drunk driving charge, California Vehicle Code Section 23103(a) per 23103.5.

The statutory penalty for a guilty plea or a conviction under this statute is the same as a dry reckless, with the addition of an alcohol and drug educational program. However, in San Diego County, the standard offer is three years of informal probation, a fine of approximately $1,036, a first conviction alcohol and drug education program, (either three months or twelve hours depending on the BAC), a one hour MADD (Mother’s Against Drunk Driving) panel class, and a referral to SAAU, (Substance Abuse Assessment Unit).

Unlike the dry reckless, the wet reckless conviction is priorable. So if you plead or are convicted of a wet reckless and you are facing another DUI within ten years, the wet reckless will be looked at as a DUI, thus enhancing the punishment in the new case.

Both a dry and wet reckless are lesser charges in drunk driving cases. Often the prosecutor will offer the reduced charge if the blood-alcohol content, or BAC, is close to the legal limit of a .08 percent or if there are problems with proving the DUI case. An experienced drunk driving attorney may be able to negotiate one of these lesser charges after evaluating the weaknesses in the prosecutor’s case.

The above blog article summarizing dry reckless and wet reckless is by no means all-inclusive and is not legal advice. Each case involves distinct facts which may change the offer given by the prosecution or the sentence imposed by the judge. In addition, laws may have changed since the last update. For the latest information on drunk driving cases, the penalties, and your specific facts and possible defenses, contact a DUI defense attorney in your area.

Is Drunk Driving A Misdemeanor Or Felony In California?

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

The majority of all DUI cases in California are filed as misdemeanors. Some are filed as felonies.

What is the difference between a misdemeanor and a felony? The California Penal Code Section 17 states, “A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.”

There is more of a stigma and the punishment is greater for those accused and convicted of a felony rather than a misdemeanor. Usually felony punishments require a sentence of a year or more in a state prison. Misdemeanor convictions carry the possibility of a year or less in the county jail.

As for drunk driving cases, most often first, second, and third DUI’s are charged as misdemeanors. However, if there are aggravating factors, the charges may be raised to a felony. For instance, if the DUI caused injury or death of another, the defendant has three or more prior DUI’s or wet reckless convictions within ten years, or the defendant has a prior felony DUI conviction, the new case will often be charged as a felony.

If the DUI caused injury or death to another, the driver may be charged with either: 1.) Driving under the influence causing injury under California Vehicle Code Section 23153; 2.) Vehicular manslaughter under California Penal Code Sections 191.5 and 192; or, 3.) Murder under Penal Code Section 187. The charges usually depend on the seriousness of the injury.

If the defendant has been convicted of three or more DUI’s and/or wet reckless offenses, the new case may be charged as a felony. This would include any out-of-state convictions that are equivalent to a California DUI.

If the defendant has a prior felony drunk driving conviction and then picks up another DUI, regardless that it would normally be charged as a misdemeanor, the new case can be charged as a felony.

Cases which may be charged as a misdemeanor or felony are called “wobblers.” The prosecutor has discretion to decide how to charge a particular matter; however, an experienced drunk driving defense attorney may be able to negotiate a plea agreement where the defendant pleads to a reduced misdemeanor charge. If the prosecutor refuses such an offer, a skilled DUI defense attorney may motion the trial court to reduce the felony to a misdemeanor.