858-429-9982 858-429-9982
  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

The delayed San Diego DUI. When someone does not get arrested for a San Diego DUI right away. Notify Letter

I have several cases I am dealing with that came from a notify letter.  These definately throw a San Diego DUI cases off track. These cases need to be thoroughly examined.  If someone does not handle these kind of cases properly the case can go to warrant.  So, what is a notify letter or notify warrant case?  Here is some more information on it.

Notify Warrants are common with San Diego DUI charges in certain circumstances. It can take a case out of a normal stream of procedures and make an already confusing scenario worse for someone arrested for a San Diego DUI.

What is a notify Warrant?

A notify warrant is a letter the prosecution sends to someone informing them charges were filed on them and when to attend court. There are two usual scenarios where someone gets a notify warrant. If this is happening to you I would obtain representation ASAP.

Scenario #1- Someone was arrested for San Diego DUI. They received a date to come to court when they posted bail. They went to court to find out the prosecution did not issue charges with the court. Time passes and they are wondering what is going on. There is even a small glimmer that maybe they will not be getting charged with a San Diego DUI. Nope. This usually means the prosecution was just waiting for evidence. They have one year to issue charges on someone. They usually wait when there are cases of injury, hit and run, etc. This is usually because there is multiple reports and sometimes the documents take a long time to get into the prosecutions hands (like hospital records detailing injuries). Below is an article with a case I can easily see being a "notify warrant".

Scenario #2- Noone was arrested on the date in question. However, there is some evidence linking the person to the crime. A good example is a San Diego hit and run. Somone sees the collision and takes down the license plate. Police eventually work back to the owner and charge them with hit and run. The person was never arrested. Heck, they maybe loaned the car to someone and did not do anyting. In any event, that is information that needs to be provided in court.

The trouble with notify warrants is the San Diego DMV may take action suspending your license even though nothing is happening on your court case. This is one place where the plan on utilizing a Public Defender may hurt someone. The Public Defender handles the criminal court case. However, they do not handle the DMV portion of San Diego DUIs. It can result in a tangled web if they are not handled in concert.

All of this is just a snippet of the many hoops someone has to jump through when faced with San Diego DUI penalties. Getting the best outcome possible for a client is sometimes lessening some of these hoops. On that note I have to get to work. Happy Sunday.

A young man was arrested on suspicion of driving drunk and fleeing the scene after he struck a pedestrian in Carlsbad early today, police said.

Alexander Nootens, 22, drove off after striking a woman in the 2700 block of State Street about 1:50 a.m., according to Carlsbad police.

A witness to the accident led officers to the area of Lake Boulevard and Cannon Road in Oceanside, where Nootens was pulled over shortly after 2 a.m. and arrested without incident, police said in a statement.

Nootens was arrested on suspicion of hit and run with injury, and driving under the influence of alcohol causing injury, police said. He was booked into the Vista jail.

The extent of the woman's injury was unclear, though police said she was sitting up when officers arrived on the scene.

The full article can be found here.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to mark@denizdefense.com.

In California, a prosecutor can charge an individual for being under the influence of alcohol and/or drugs. California Vehicle Code section 23152 (a) & (b) are misdemeanors and define the alcohol related San Diego DUI offenses as:

  1. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

  2. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

Typically an officer will observe the vehicle moving, which will satisfy this element. But, courts also permit prosecutors to use circumstantial evidence to prove driving. Circumstantial evidence of driving includes facts that indicate you were driving, such as the engine is on, seated in driver seat, keys in the ignition, head lights illuminated, etc.

California courts have held that you are under the influence if your physical and mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. In other words, the prosecutor will use any fact showing you were driving poorly, such as swerving, speeding, an accident, etc.

California Vehicle Code section 23152(b) is commonly referred to as the per se count because the law deems you to be impaired if you have a BAC of .08 or higher. In order to conviction you of the per se count, a prosecutor must prove:
  1. You drove a motor vehicle, and

  2. Your BAC was .08 percent or higher at the time of driving.

The prosecutor must prove that you actually drove your vehicle. But, what does it mean to drive in California? The courts have defined driving as the vehicle moving, no matter how slight the movement.

Typically an officer will observe the vehicle moving, which will satisfy this element. But, courts also permit prosecutors to use circumstantial evidence to prove driving. Circumstantial evidence of driving includes facts that indicate you were driving, such as the engine is on, seated in driver seat, keys in the ignition, head lights illuminated, etc.

Vehicle Code section 23152(b) is a Per Se offense because the law presumes an individual is under the influence if their BAC was .08% or higher at the time of driving. A prosecutor will use a breath or blood test in order to prove your BAC was .08% or higher. The prosecutor must prove that your BAC was .08 or higher at the time of driving.

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