March 2015 Archives

There is proper situations where people should have their vehicle with an Interlock Ignition Device (IID).  However, it just does not apply to all San Diego DUI cases.

It is essential as a San Diego DUI attorney in navigate the client through the process. A San Diego DUI can have far reaching unintended consequnces.  A person needs to find out the extent of how this event will affect them. I believe it is a vital for the attorney to investigate the possibilities and begin moving to the most favorable position as possible for the client. Today we focus on Nursing.

Do you just believe because the machine told you so that is what it is?  The breath instruments used in San Diego DUI cases are pretty complex.  You are getting a blood result from a puff of air.   There is already a myriad of issues that need to be examined.  Here, a judge reviewed the evidence and determined the machine was not properly calibtrated.  It is what it is.  The machine determination is not the gospel, especially when the machine is not kept up to standards.

I was reading the news today when I came across the article about Ravens RB Bernard Pierce who was cut from his job because of a DUI arrest.

This is a great idea with just a few concerns.  This new program allows people to see what their results are.  I cannot tell you how many clients come in telling me they believe they are likely near .08% only to be suprised when their blood results come back and they are significantly higher.  It seems San Diego establishments are not skimping on their alcohol content in drinks.  Many locations give "heavy pours". This does not include San Diego's wonderful selection of IPAs and heavier alcohol content beers.   The result is many people walk around with BACs higher than normal thinking they had just a few drinks.  

This guy has been in the news a lot.  I know there was a lot of support for him when he was being held in Mexico.  I am wondering if there is a connection between the incarceration and the potential DUI arrest.  It is a fact that needs to be examined.

A piece of advice when you are arrested.....do NOT give an interview admitting the crime.  This case is pretty interesting.  What is interesting is that the guy was giving an interview on scene.  Next time he can set out tweets as it is happening.  

The one clear point was there had to be change when the new mayor came in.  There was no doubt he was looking for someone to come in with him to address the issues.

Drones.  I remember in law school talking about the plain view doctrine.

It is good there is dialogue on the issue.  Obviously, there will be numerous tweaks with policy.  The police cannot say they are transparent but state the videos are released at the discretion of the police.  Who is paying the bill for SDPD and the videos....that is right it is the citizens of San Diego.

If there is one court that seems to be always buzzing around it is traffic court.  The attorney window is a thing of beauty here.  I do take issue with the ever changing policies here.  It is sad to say that sometimes it is WORSE for the officer to issue a citation to you as an infraction rather than a misdemeanor. This happens most with San Diego minor in possession of alcohol cases.  Any conviction of BP 25662(a) comes with DMV suspension implications.  The proseuction in ourt usually allow people to work out a settlement that allows them (at worse) to plead to the ticket as another charge, thus not having the DMV consequence.  In traffic court, there is nobody to work with.  You would think it may be the judge that may give something like this...it is not (in most cases).  There are no prosecutors in Kearney.